Conditional Use Permit Requirements in the RR-40 Rural Residential District
In the RR-40 Rural Residential district of the City of Concord, a "Use Permit" (UP) is the primary entitlement required for land uses designated as conditionally permitted. Applicants must secure this permit through the planning commission to establish specific uses not permitted by right within the Rural Residential zoning district.
Permitted and Conditionally Permitted Uses in RR-40
Land use regulations for the RR (Rural Residential) district are established in Chapter 18.30 of the Concord Development Code. Under the RR district—which includes designators like RR-40—uses are categorized as follows:
- Permitted by Right (ZC): These uses require a Zoning Clearance.
- Conditionally Permitted (UP): These uses require a Use Permit (UP) from the planning commission.
According to Table 18.30.020, the following land use classifications require a Use Permit in the RR district (which encompasses RR-40):
Table: Land Uses Requiring a Use Permit in the RR District
| Land Use Classification | Permit Requirement |
|---|---|
| Bed and Breakfast Inn | Use Permit (UP) |
| Single-Family, Detached – Small Lot Subdivision | Use Permit (UP) |
| Religious Facility | Use Permit (UP) |
| Golf Course, Country Club | Use Permit (UP) |
Note: Uses marked with a dash (–) are not allowed in the RR district. Uses marked with (ZC) require only a Zoning Clearance.
Regulatory Framework for Use Permits
The establishment of any use in the RR-40 Rural Residential district must comply with the general requirements for development and land use set forth in the Concord Development Code [Section 18.25.020].
Required Findings for Use Permits
To obtain a Use Permit in the RR-40 district, the planning commission must make specific findings during a public hearing, confirming that:
- The proposed use is allowed within the RR district and complies with all applicable development code provisions [Section 18.435.060].
- The proposed use is consistent with the City of Concord General Plan [Section 18.435.060].
- The design, location, size, and operating characteristics of the activity are compatible with existing and future land uses in the vicinity [Section 18.435.060].
- The site is physically suitable for the type, density, and intensity of the proposed use [Section 18.435.060].
- The permit will not be detrimental to the public health, safety, or welfare of the neighborhood or injurious to property in the vicinity [Section 18.435.060].
Permit Conditions
The planning commission may impose conditions on an RR-40 Use Permit related to the placement, height, nature, and extent of the use, as well as requirements for buffers, screening, landscaping, and performance guarantees [Section 18.435.060].
Sections Cited
- Section 18.25.020: General requirements for development and land use
- Section 18.30.010: Purpose of residential districts
- Section 18.30.020: Table 18.30.020 – Residential districts – Allowed uses and permit requirements
- Section 18.435.060: Findings and decision (Minor Use Permits and Use Permits)