Concord Set to Talk Furthering Fair Housing Overlay District, 1,000 More Housing Units

On Tuesday, the Concord City Council is set to finalize the rezoning of 20 acres to apply the Affirmatively Furthering Fair Housing Overlay District to implement state law

According to the staff report, if approved, it would rezone a minimum of 20 acres in moderate- and high-resource areas at a density of 60 units per acre to accommodate at least 1,000 housing units.

The sites were selected based off extensive community engagement, including workshops (both virtual and in-person), surveys, stakeholder interviews, and property owner outreach, staff identified potential sites for inclusion in a new Affirmatively Furthering Fair Housing (AFFH) Overlay District. These sites were refined based on feedback, feasibility analyses, an alignment with state requirements. The proposed amendments to the General Plan and Development Code would establish the AFFH Overlay District on identified sites allowing for residential development up to 60 units per acre, establish development standards, and facilitate by-right approvals for qualifying housing projects, while retaining the existing underlying zoning district.

On November 19, 2025, the City’s Planning Commission reviewed the proposed General Plan Amendment, Zoning Map, and Development Code amendments, and voted 3-1 to adopt the Resolution.

This dates back to a process that began in June 2021 when the City of Concord began work on its 2023-2031 Housing Element. The City also had to comply with AB 686, which is a 2018 law that pushes fair housing and address patterns of segregation.

According to the staff report, “Rezone sites to increase multifamily residential options in moderate- and high-resource areas (as shown in the most recent CTCAC [California Tax Credit Allocation Committee]/HCD Opportunity Maps) with a majority white population. Rezoned sites must meet the following criteria:

a) located in Racially Concentrated Areas of Affluence or other moderate- or high-resource areas (as shown in the most recent CTCAC/HCD Opportunity Maps) with a majority white population;
b) combined area of at least 20 acres;
c) maximum density of at least 60 dwelling units per acre;
d) accommodate at least 1,000 total dwelling units;
e) adequate access to infrastructure;
f) strong development potential; and
g) low potential for displacement of lower-income households

City of Concord

Fiscal Impact Analysis (Attachment 7)

Drawing on the Residential Feasibility Study, which modeled building and parking configurations to achieve target residential densities, EPS analyzed the fiscal implications of the proposed redevelopments. The analysis focused on three case study sites:

Kmart at 5100 Clayton Road;
Dental offices at 2975 Treat Boulevard; and
Part of Clayton Faire Shopping Center.

The analysis suggests that converting commercial properties to residential uses is likely to increase demand for City services, particularly from the Police and Public Works Departments. Although redevelopment may generate additional property taxes and other revenues, these gains are generally insufficient to offset the higher costs associated with serving a larger residential population. Consequently, the net fiscal impact on the City’s General Fund is projected to be negative under current market conditions.

The study notes that actual fiscal outcomes will depend on factors that cannot be predicted with certainty, including future changes in City or state budgeting practices, departmental service efficiencies, and other external conditions. Additionally, the findings offer that while residential development may have a negative impact on the City’s fiscal position it is not a recommendation that the City retain the current zoning on these sites as there are numerous other reasons to consider allowing residential uses.

These reasons include the need to provide housing at all income levels, and the need to meet the state’s mandates in order to retain funding and land use discretion.

Vehicle Miles Traveled (Attachment 3)

The VMT analysis, prepared by Fehr & Peers, assumed a scenario of 2,412 additional multifamily residential units. While the goal of the AFFH program is to accommodate at least 1,000 new housing units, this higher number was based on City Council direction provided on January 7, 2025. At that meeting, the Council directed staff to advance the program by analyzing seven final sites at their maximum potential buildout of 2,412 units.

In contrast, staff’s current recommendation for the AFFH Overlay District as presented in this report includes 1,019 additional housing units, less than half of what was evaluated in the VMT analysis. The analysis concluded that adding 2,412 units would exceed the City’s established thresholds of significance for residential development. Due to VMT exceeding the threshold and based on public feedback, staff is recommending implementation measures for housing projects to reduce VM

Seven Sites Under Consideration for Rezoning

At its January 7, 2025 joint meeting with the Planning Commission, the City Council directed staff to analyze seven final sites totaling approximately 41 acres at their maximum potential buildout of 2,412 units, which are described below and shown in Attachment 8.

Site 1: Kmart. The Kmart site is located in a High Resource Area. The Kmart portion is approximately thirteen acres and would have a capacity of 780 units with rezoning; however, staff recommends that the overlay be placed on approximately eight acres, creating a capacity of 471 units. The existing General Plan designation is Neighborhood Commercial, and the zoning district is Neighborhood Commercial (NC).
Site 2: Clayton Faire. The Clayton Faire site is located in a high resource area. It is approximately 4 acres – not all of the area was included for rezoning. Centre Concord, the gym, bowling alley, and parking areas are being excluded. With rezoning, it would have a capacity of 248 units. The existing General Plan designation is Neighborhood Commercial, and the zoning district is Neighborhood Commercial (NC).
Site 3: Staples/CVS, Auto Repair, Burger King. These parcels are not located in a high resource area or an RCAA. The site has an area of approximately 10 acres and would have a capacity of 620 units with rezoning. The existing General Plan designation is Neighborhood Commercial, and the zoning district is Neighborhood Commercial (NC).
Site 6: Dental Offices at Oak Grove and Treat. This property is located in a high resource area and an RCAA. It is approximately 3 acres and would have a capacity of 180 units with rezoning. The existing General Plan designation is Commercial Office and the zoning district is Community Office (CO)
Site 8: Palm Lake Apartment Homes Infill. This property is located in a high resource area and an RCAA. It has a total area of almost 13 acres and the owner has already been exploring the addition of units to the site. The site currently contains 300 units and if the entire site were rezoned, it would accommodate an additional 480 dwelling units; however, staff is recommending a cap of 300 additional units. The existing General Plan designation is Medium Density Residential, and the zoning district Planned District (PD).
Site 16: Vacant Site at Kirker Pass and Myrtle. This vacant parcel is located within a high resource area and encompasses approximately two acres. With rezoning it would accommodate a maximum of 120 dwelling units. The existing General Plan designation is Low Density Residential, and the zoning district is Residential, Low Density (RL).
Site 18: 1539 Kirker Pass. This site is located within a high resource area. It has an area of about an acre and with rezoning it would accommodate a maximum of 56 dwelling units. The existing General Plan designation is Medium Density Residential, and the zoning district is Residential, Medium Density (RM).

Alternative Sites

Four alternative sites remain available for consideration as part of the rezoning effort; however, they are not recommended because they are constrained by not fully meeting Objective 8.6 criteria or by having limited development potential.

Alternative sites:

Site 3: Staples/CVS, Auto Repair, Burger King
Because these parcels are not located within a High Resource Area or an RCAA, they do not meet the Objective 8.6 criteria. If selected for rezoning, they could provide additional housing capacity; however, they would not count toward the 1,000-unit requirement.
Site 6: Dental Offices at 2975 Treat Boulevard
Although the property is located within both a High Resource Area and an RCAA, the property owner did not express interest in rezoning until recently. Following the November 19 Planning Commission meeting, the owner contacted staff to discuss potential participation. Staff subsequently met with the owner to review the program, after which the owner submitted a letter confirming interest in inclusion in the AFFH program (Attachment 10). Despite this expressed interest, staff has determined that rezoning both the Palm Lakes site and Site 6 would result in excessive impacts at the intersection of Treat Boulevard and Oak Grove Road. Given that Palm Lakes has greater development potential and that Site 6 is unlikely to develop during the current Housing Element cycle, staff recommends selecting Palm Lakes in lieu of Site 6.
Site 16: Vacant Site at Kirker Pass and Myrtle
Although this vacant parcel is located within a High Resource Area and comprises approximately two acres, the presence of overhead high-voltage power lines substantially constrains the site’s developable area. Based on these limitations, staff estimates that, if rezoned, the site could accommodate up to 60 housing units. A 20-unit subdivision application for the site was previously submitted; however, the application is now considered withdrawn because it remained incomplete six months after filing and no extension was granted. The property owner has indicated an intent to submit a new application that meets the applicable density standards once the AFFH Overlay District process is complete and a determination is made regarding the inclusion of Site 16 in the rezoning.
Site 18: 1539 Kirker Pass
Although this site is located within a High Resource Area and encompasses approximately one acre, the presence of Mt. Diablo Creek running through the property limits its development potential. The site may also be subject to cultural and environmental constraints due to its proximity to the creek and its largely undeveloped condition.

Attachments