Permitted and Conditionally Permitted Uses in the CMX District
In the CMX (Commercial Mixed-Use) district in the City of Concord, land uses are regulated based on their classification and the specific permit required for establishment. Uses requiring a "Use Permit" (UP)—which typically involves planning commission approval—include specific community and commercial activities, such as bed and breakfast inns, certain recreational facilities, and specific retail or medical services as outlined in the district's zoning tables.
Overview of Use Permits in the CMX District
In the City of Concord, land uses within the CMX (Commercial Mixed-Use) district are determined by the permit type specified in the district's allowed use tables. A "Use Permit" (UP) is a discretionary approval granted by the planning commission [Section 18.25.030(B)(4)].
Below is a summary of uses requiring a Use Permit (UP) within the CMX district, as specified in the provided tables.
Land Use Table for CMX District
| Land Use Classification | Permit Required in CMX District |
|---|---|
| Bed and Breakfast Inn | UP |
| Group Housing | UP |
| Mobile Home Park | UP |
| Cultural Institution | UP |
| Residential Facility for Seniors, Assisted Living | UP |
| Boarding, Kennel | UP |
| Dealership – New | UP |
| Restaurant, with Drive-Through | UP |
| Restaurant, with Live Entertainment | UP |
| Convenience Store, with Alcohol Sales | UP |
| Hotel, Motel | UP |
| Big Box | UP |
| Retail Sales with Drive-Through | UP |
| Nursing Facility/Extended Care | UP |
| Residential Recreation Facility | UP |
| Theater, Auditorium | UP |
Note: This list includes uses specifically designated as "UP" in the CMX column of the provided land use tables. Other uses may be permitted with different permit types (such as Zoning Clearance or Administrative Permits) or may be prohibited.
Additional Requirements and Considerations
- Uses Not Listed: If a land use is not explicitly listed in the tables for the CMX district and is determined by the planning division to not fit within a classification in [Section 18.20.020], the use is not allowed in the CMX district unless it is deemed a "similar and compatible use" by the planning division [Section 18.25.030].
- Alcoholic Beverage Sales: Establishments selling alcoholic beverages for off-site consumption may require a Finding of Public Convenience and Necessity (FOPCN) if the California Department of Alcoholic Beverage Control (ABC) has denied an application for the site due to undue concentration of licenses [Section 18.200.040].
- Mixed-Use Projects: Mixed-use projects in the CMX district are subject to specific development standards and must comply with [Section 18.200.140] and the objective design standards in [Chapter 18.152].
- Discretionary Approval: When the development code provides for a discretionary approval such as a Use Permit, the review authority may impose more stringent requirements than the minimum standards to ensure land use and development compatibility [Section 18.10.030].
Sections Cited
- Section 18.10.030 (Applicability)
- Section 18.20.020 (Use classifications)
- Section 18.25.030 (Allowable land uses and permit requirements)
- Section 18.152 (Objective Design Standards)
- Section 18.200.040 (Alcoholic beverage sales)
- Section 18.200.140 (Mixed-use projects)