Obtaining a Use Permit in Concord | Concord Zoning Guide

In the Concord Development Code, a "Use Permit" (UP) is a discretionary permit requiring planning commission approval for specific land uses. Applicants must submit a formal application, pay the required fees, and provide substantial evidence to support the findings required for approval, which will be evaluated at a public hearing.

Overview of Use Permits

A Use Permit (UP) is required for land uses that are identified as "UP" in the land use tables for each specific zoning district within the Concord Municipal Code. These permits are intended to allow for activities that may be appropriate in a specific zone but require closer review by the planning commission to ensure compatibility with the site and surrounding neighborhood [Section 18.435.010, Section 18.435.030].

Application Process

To apply for a Use Permit in the City of Concord, an applicant must follow these steps:

Pre-Application: Prospective applicants are required to meet with city staff for an initial meeting prior to filing a permit application to review the city’s approval process and requirements [Section 18.402.020].
Application Filing: The application must be completed, filed with the planning division, and accompanied by all applicable fees as established in the city’s fee schedule. The applicant bears the responsibility of providing evidence that the project meets the required findings for approval [Section 18.435.040].
Review and Hearing: Use Permit applications are reviewed by the planning division to ensure compliance with the Concord Development Code. A public hearing is then conducted by the planning commission in compliance with the public hearing procedures [Section 18.435.050, Section 18.500.010].

Required Findings for Approval

Before the planning commission can approve a Use Permit, it must make the following findings:

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the development code and the Concord Municipal Code.
The proposed use is consistent with the general plan and any applicable specific plan.
The design, location, size, and operating characteristics of the proposed activity are compatible with existing and future land uses in the vicinity.
The site is physically suitable for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints.
Granting the permit will not be detrimental to the public health, safety, or welfare of the persons residing or working in the subject neighborhood or materially detrimental or injurious to property or improvements in the vicinity and zoning district [Section 18.435.060].

Conditions of Approval

In approving a Use Permit, the planning commission may impose conditions related to the placement, height, nature, and extent of the use, buffers, screening, landscaping, surfacing, off-site improvements, maintenance, and performance guarantees. These conditions may establish standards that are more restrictive than the base development code requirements if deemed necessary to ensure the project meets the required findings [Section 18.435.060].

Post-Decision Procedures

The approval of a Use Permit becomes effective on the eleventh calendar day following the date the decision is rendered, provided no appeal is filed. If an appeal is filed, the effective date is deferred until the final decision is made by the city council [Section 18.500.080]. Appeals of a planning commission decision to grant or deny a Use Permit may be made to the city council [Section 18.510.010].

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