Concord | Three or more homes

Concord, California Three or More Homes: RM and RH, Downtown and BART Station Areas, the AFFH and Affordable Housing Overlays, Inclusionary Housing, Density Bonus and SB 79

Concord's code calls a building with more than two attached homes multifamily. Since 2023 the City has moved most multifamily approvals from public hearings to staff review against written standards, and in 2024 and 2026 it added two overlay districts that require by-right review. At the same time, every project of five or more homes must include affordable homes or pay a fee. This page covers where three or more homes are allowed, the downtown and BART station rules, the overlays, the affordable housing requirement, the bonus programs and SB 79. The Concord overview has the summary.

Where Multifamily Is Allowed

Sources: Concord Development Code Tables 18.30.020, 18.30.040, 18.35.020, 18.40.020, 18.40.030, 18.45.020, 18.45.030 and 18.120.060(A).

• Minimums count. Each range has a minimum. An RH or downtown project below 33 homes per net acre does not meet the table, and the AFFH chapter says a project below its minimum "shall be prohibited."
• Counting homes. Density is per net acre, and fractions of one-half or more round up. On a split-zoned lot the count is made "according to the lot area within each district."
• Higher buildings. The RM and RH height row adds "Additional height may be approved with a use permit," and the commercial table says the same for CO, CMX and NC.
• Next to house districts. Section 18.150.180 applies to multifamily and mixed-use buildings next to a residential district. Buildings of 30 feet or less take the side and rear setbacks of that district. "Buildings exceeding 30 feet in height shall have a minimum setback of 20 feet, plus one additional foot of setback for every foot of building height over 30 feet, up to a maximum setback of 40 feet."
• Hillside sites. A multifamily building on a parcel with an average slope of 15 percent or more needs a major hillside development use permit from the Planning Commission, and land at 20 percent or more is limited to one house.

Review Against Objective Design Standards

An objective standard is one that can be checked with no judgment call, such as a number of feet. The City's Objective Design Standards page says the standards "were adopted on September 12, 2023 and became effective on October 12, 2023," in two parts: Chapter 18.152 of the Development Code and a companion document, the 2023 City of Concord Objective Design Standards.

• Which projects. Chapter 18.152 applies "to all new residential and mixed-use development projects where state law limits the city's enforcement of design standards to objective standards or where state law or the city code requires a ministerial approval process."
• Who reviews. "The planning division shall be the review authority for projects subject to the objective design standards." The review is ministerial, meaning staff check the plans against fixed rules with no hearing.
• If a project departs from them. "Projects seeking to deviate or to not comply with the objective design standards are required to comply with Chapter 18.415 CDC, Design and Site Review." That process can include the Design Review Board.
• Not covered. The chapter does not apply to small lot subdivisions, detached houses in a major subdivision, ADUs, additions to existing buildings, mixed-use projects with less than two-thirds of the floor area in housing, or housing on the former Naval Weapons Station.
• Conflicts. "Where a conflict occurs between the requirements of the 2023 Objective Design Standards and other city requirements, the more restrictive provisions shall apply."
• Design review exemption. Section 18.415.030 exempts "Residential development projects that conform to objective design standards" from design and site review.
• Neighborhood meeting. Section 18.405.050 requires one before approval of a ministerial project "if the project proposes five or more dwelling units or lots and the site is located within 500 feet of an existing residential use," with notice to properties within 500 feet.

The companion standards document itself was not read for this guide, so its individual standards are not listed here.

Housing Element Sites in Commercial and Downtown Districts

Ordinances 24-6 and 24-7 of November 12, 2024 changed the use tables of the commercial, downtown and North Todos Santos districts. The multifamily and mixed-use rows now carry a zoning clearance for one group of sites. The footnote reads "Zoning clearance required for multifamily projects when a project is located entirely on a parcel or parcels listed in the current housing element sites inventory that conform to objective development standards and Chapter 18.152 CDC (Objective Design Standards)." A mixed-use project qualifies the same way "with at least two-thirds of the total square footage designed for residential use."

The City's Housing Element page describes the aim as allowing multi-family projects by right "(without a public hearing or appeal process) in all commercial and mixed-use zoning districts, provided that all objective design standards are met." The code as adopted ties the zoning clearance to sites in the inventory. Ask the Planning Division whether your parcel is on that list before assuming staff review. The fee schedule lists Housing Applications, By-Right Development, at actual hours with a $10,000 deposit.

Downtown and the BART Station Areas

• Downtown Pedestrian (DP). Table 18.45.030 sets 33 to 100 homes per net acre, a floor area ratio of up to 4.0, a minimum building height of 30 feet and a maximum of 70 feet, on a lot of at least 5,000 square feet. Floor area ratio is building floor area divided by lot area.
• Todos Santos Plaza. A footnote says "Residential uses shall be located above the ground floor of the building for properties directly facing Todos Santos Plaza, and the ground floor shall be occupied by a retail or restaurant use."
• Downtown Mixed-Use (DMX). The same density range, a floor area ratio of up to 6.0, a height of up to 200 feet and a lot of at least 10,000 square feet. "In DMX, increased height may be allowed with a use permit," and "Development on sites with less than the minimum lot size requires a use permit."
• Open space. 200 square feet per home in DP and 175 in DMX.
• The Transit Station Overlay. Section 18.105.020: "A TS overlay district may be combined with any base district within one-half mile of the perimeter of a BART station, excluding the reuse area (study district) adjacent to the North Concord BART Station."
• More density. Section 18.105.040: "The maximum density allowed by the base district may be increased up to a maximum of 25 percent for multifamily residential and mixed-use projects with at least two-thirds of the square footage designated for residential use that meets the provisions of Chapter 18.152 CDC (Objective Design Standards)." On an RH or downtown site that is 125 homes per net acre (VanPlex arithmetic: 100 times 1.25).
• Parking location. In the overlay, parking must be underground, in a structure "with active storefronts and uses along the street frontages," or in surface lots behind buildings. "Off-street parking shall not be located between a building and a pedestrian route to the BART station."
• Banned uses. The overlay prohibits surface parking facilities, gas stations, car washes, drive-through restaurants and self-storage, among others.
• Downtown parking fee. In the downtown parking district the Planning Commission may let a project pay a fee "in lieu of providing the otherwise required parking space(s)." The fee schedule lists $25,000 per space for new multifamily residential development.
• State law near BART. Government Code 65863.2 says a public agency "shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit," which it defines as a major transit stop. A footnote in the City's SB 9 checklist says "Both Concord BART stations qualify as a" major transit stop. The Development Code has no section on this statute.

The Downtown Concord Specific Plan "was adopted June 24, 2014," according to the City page, and is aimed at "Increasing housing supply, including affordable housing, and jobs." The plan document was not read for this guide.

The AFFH Overlay: Ten Properties at 20 to 60 Homes per Acre

AFFH stands for affirmatively furthering fair housing, a state duty to open higher-income areas to more kinds of housing. Chapter 18.120, added by Ordinance 26-425.1 on March 10, 2026, applies only to the properties in its table.

Source: Concord Development Code, Table 18.120.030(A).

• Uses. Attached single-family houses and multifamily are allowed. Detached houses, small lot subdivisions and duplexes are prohibited.
• Density. "All housing development projects shall provide a density of at least 20 units per net acre, and not more than 60 units per net acre."
• Standards. Table 18.120.060(A): 70 percent lot coverage, a 5,000 square foot lot, 40 feet of height, setbacks of 10 feet on every side and 200 square feet of open space per home.
• By-right review. A project qualifies for a zoning clearance when it is entirely on overlay land, complies "with the city's objective design standards," complies with the rest of the Municipal Code and is not a small lot subdivision. The chapter defines by-right review as one that "does not require a conditional use permit, planned unit development permit, or other discretionary review or approval."
• When a use permit applies. A project needs a use permit if it is partly outside the overlay, misses an objective design standard, or asks for "a deviation or exception from any objective development standard."
• Travel plan. Every project files a plan to reduce driving that includes a welcome packet for new residents, sidewalk links "to the two closest transit stops," and "EV-ready conduit for at least 25 percent of the required parking" with chargers "for at least 10 percent."
• Ground floor. "Residential uses meeting the standards of this chapter shall be allowed on the ground floor."
• Other programs still apply. Density bonus waivers and concessions, the City's incentive program and the Affordable Housing Overlay "shall not be limited by the applicability of this chapter."

The City's overlay page estimates homes by parcel. It counts 471 at 5100 Clayton Road, says 780 Oak Grove Road "has 300 existing units," and estimates 60 homes at 5390 Myrtle Drive "Due to the presence of overhead power lines." These are staff estimates.

The Affordable Housing Overlay

Chapter 18.115, added by Ordinance 24-2 on February 13, 2024, applies a state rule for sites that a city lists in more than one housing plan. Its purpose is "to provide an alternative review process for housing development projects on sites identified for lower income households in the city's 2023-2031 housing element that had been previously identified in housing elements, and in which at least 20 percent of the units are affordable to lower income households."

• Requirements. A project must be entirely on mapped parcels, "Provide at least 20 percent of the units as affordable to lower income households and provide a deed restriction," and meet the objective design standards.
• Review. "The planning division shall be the review authority," except that a subdivision map is still decided by the authority for maps.
• Meeting. "Projects shall conduct a neighborhood meeting."
• End date. "this chapter shall only be effective until December 31, 2028, and shall be repealed thereafter, unless extended by the state."
• The map. The overlay is shown in a figure in the code, which is an image and was not read. Ask the Planning Division whether a parcel is in it.

Inclusionary Housing: Affordable Homes From Five Units

Inclusionary housing is a rule that a share of the homes in a market-rate project be sold or rented at prices set for lower income households. Section 18.185.040, rewritten by Ordinance 24-1 on February 13, 2024, applies "to all residential development projects of five or more units."

Sources: Concord Development Code, Table 18.185.040 and Section 18.185.090; City of Concord, Fees and Charges, Resolution No. 26-6042.1, Table 3a, item S. The per-square-foot fee is for projects of 10 units or greater.

• Exempt. "A residential project consisting solely of the construction of one to four single-family dwelling units," rebuilding after a disaster, and conversion of an office building "that has been available for commercial uses for a minimum of five years."
• Five to nine units. The developer "shall have the option of either providing one inclusionary unit or selecting an alternative means of compliance."
• Fractions. A fraction of one-half or more rounds up. Below one-half, the developer may round up or pay the fractional in-lieu fee.
• Who may pay the fee. "For residential rental projects, a fee may be paid in lieu of providing inclusionary units on site. For residential ownership projects, payment of the in-lieu fee is only allowed for fractional units and for projects comprised of five to nine units."
• Off-site. A developer may build or rehabilitate affordable homes elsewhere in Concord, at "At least two" homes "for each inclusionary unit required."
• Design. Inclusionary units "shall be dispersed throughout the residential project." They "may be smaller in unit and lot size by 15 percent of the average square footage of the market-rate units," and their average bedroom count must match.
• Timing. "All inclusionary units must be constructed and occupied prior to or concurrently with the market-rate units," and in-lieu fees "shall be paid prior to issuance of a building permit."
• Agreement. An affordable housing agreement is recorded against the property before building permits.
• Vertical condominiums. A note in the fee schedule says "For sale vertical condo units shall be assessed the rental fees."

A worked example with the July 2026 rates: a rental project of 21 homes owes 6 percent, or 1.26 affordable homes. The developer builds one and pays the fractional fee on 0.26 of a unit, $45,281.60 (VanPlex arithmetic: 0.26 times $174,160). The City's 2024 summary sheet works the same example with its older rate of $173,034.

Density Bonus and the City Incentive Program

The state density bonus gives a project extra homes, and relief from standards, in return for affordable homes. Government Code 65915 says a city "shall grant one density bonus" to a qualifying project. Section 18.185.050 adopts the state law by reference, and affordable homes built for a bonus "shall count toward meeting the number of inclusionary units required."

Concord also has its own program. Section 18.185.060 offers "incentives above and beyond those offered by the density bonus program" to projects in RM, RH, CO, NC, CMX, DMX and DP that reach these levels:

• Rental. "at least 20 percent of the units in the project must be affordable to very low-income households. Another 20 percent must be either affordable to low- or very low-income households. The total percentage of affordable units in the project must be at least 40 percent."
• For sale. At least 20 percent for low or very low-income households and another 20 percent for households up to the area median income.
• Site. "A minimum parcel area of at least 10,000 square feet."
• One or the other. "The intent of the affordable housing incentive program is to provide an alternative to the density bonus program, and the bonuses are not additive."

Source: Concord Development Code, Tables 18.185.060(A) and (D). In the Transit Station Overlay the 40 and 45 percent bonuses become 50 and 55 percent, and heights rise by 20 percent.

• Other relief. Qualifying projects get "a 20 percent reduction in the setback standards," lot coverage of 85 percent in RH, less open space, and lower parking: one space for a one-bedroom home and 1.5 for a two-bedroom home, or 0.75 and one within one-half mile of BART, with no guest spaces.
• Lot consolidation. Section 18.200.230 rewards projects on sites the Housing Element marked for combining lots: "A three percent increase of the base density, with the minimum of one additional unit," a decision "within 90 days" for projects of 150 homes or fewer, and, for projects that use no other parking reduction, "a 10 percent reduction in required on-site residential parking."

Open Space, Mixed Use and Existing Homes

• Open space. Section 18.150.100: "Developments with three or more dwelling units shall provide at least 200 square feet of private and/or open space per dwelling unit," as long as "each unit has a minimum private open space of 60 square feet." Private space must be at least 10 feet across at ground level and six feet for a balcony.
• Recreation. "a project of 25 units or more shall provide at least one recreational facility such as a game court, play lot, swimming pool, sauna, or exercise room. Projects with 100 or more units shall provide a multi-purpose or recreation room."
• Mixed use. Section 18.200.140 covers buildings with homes above shops or offices. "The residential component of a mixed-use project shall comply with the minimum and maximum density requirements of the applicable district," and "Required on-site grade-level parking shall be located behind buildings out of public view."
• Vesting by preliminary application. Section 18.402.040 follows a state law known as SB 330. A housing project that files the preliminary application "shall be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was deemed submitted," and the full application is due "Within 180 calendar days."
• Replacing existing homes. HCD's list of affected cities under the Housing Crisis Act includes Concord. Government Code 66300.6 prohibits such a city from approving a housing project that demolishes protected units unless "The project will replace all existing protected units and protected units demolished on or after January 1, 2020." Rent-stabilized homes are covered on the rent stabilization and tenant protections page.

SB 79 and the BART Stations

SB 79 is the 2025 state law on housing near transit stops. It applies in counties that the statute calls urban transit counties. Concord has two BART stations. HCD, the state housing department, says in its SB 79 advisory that the law's provisions "will take effect on July 1, 2026, in Alameda, Los Angeles, Sacramento, San Francisco, San Mateo, Santa Clara, and San Diego Counties." Contra Costa County is not on that list. The advisory adds that "the geographic scope of SB 79 is dynamic and will modify over time, including when additional qualifying rail or transit projects are completed and placed into service."

A search of the 58 saved files of Titles 17 and 18 found no mention of SB 79 or of its code sections. For now, the rules near the Concord and North Concord stations are the City's own: the base district, the Transit Station Overlay and the incentive program above.

Where the Code and City Documents Differ

• Base heights in the incentive table. Table 18.185.060(D) lists the base height of RH as "6 stories/60 feet" and of CO and CMX as 30 feet. Tables 18.30.040 and 18.40.030, amended by Ordinance 26-1 in February 2026, give 67 feet for RH and 37 feet for residential and mixed-use buildings in CO and CMX. The district tables are the later text.
• Base permits in the incentive table. Table 18.185.060(G) still lists a major use permit as the normal requirement for multifamily in DMX, DP, NC and CO. The district use tables now allow a zoning clearance on Housing Element sites.
• CO density. The incentive table gives CO a base of 32 homes per acre. Table 18.40.030 gives CO 11 to 40.
• Parking near BART. Section 18.105.040 says that Section 18.160.050 "provides for reductions to the required number of spaces for sites within one-half mile of a BART station." Section 18.160.050(A), as amended in 2024, gives the 25 percent reduction "For nonresidential uses." The incentive table still shows a 25 percent residential reduction in the overlay.
• Condominiums of two to four units. Section 17.35.090 says "Condominium projects of two or more residential units shall comply with the inclusionary housing requirements in Chapter 18.185." Section 18.185.040 applies those requirements to projects of five or more units.
• In-lieu fee figures. The 2024 summary sheet prints $20 and $15 per square foot. The schedule effective July 1, 2026 prints $20.13 and $15.10. The schedule controls.
• The AFFH timetable. The Housing Element page says the rezoning "is anticipated to be completed by December 2025." The ordinance was adopted on March 10, 2026.

Limits of This Page

The code text is the publisher's copy, current through Ordinance 26-2 of September 8, 2026. The 2023 Objective Design Standards document, the Housing Element sites inventory, the overlay maps in Chapters 18.115 and 18.120, the Transit Station Overlay boundaries, the Downtown Concord Specific Plan and the City's inclusionary housing program guidelines were not read. The City's agenda system did not answer on October 10, 2026, so City Council and Planning Commission agendas were not read. The regional map of SB 79 stops was not read. Ask the Planning Division at (925) 671-3152 which review applies to your parcel.

Where to Go Next

Related on VanPlex: the Concord overview, the California SB 79 page and the California impact fees page.

Frequently Asked Questions

Official sources (checked October 2026)