Minor Exception Procedures in the Concord Development Code
A minor exception in the City of Concord allows for limited administrative adjustments to specific development standards, such as fence height, lot coverage, or setbacks, when standard compliance is infeasible. These adjustments typically allow for up to a 10 percent variation, though some specific setback and height modifications are defined by distinct numerical thresholds.
Overview of Minor Exceptions
The City of Concord provides a mechanism for minor exceptions to allow for flexibility in the application of development standards [Section 18.425.010]. A minor exception may be approved if the review authority can make the required findings that the exception is necessary for a project's development [Section 18.425.020].
Allowable Adjustments
The following table outlines the maximum allowable adjustments permitted under a minor exception in the City of Concord.
| Type of Minor Exception Allowed | Maximum Adjustment |
|---|---|
| Fence or wall height for residential uses | Up to maximum height of eight feet |
| Landscaping area | Up to 10 percent decrease |
| Loading spaces | 50 percent or up to two spaces (whichever is less) |
| Lot coverage | Up to 10 percent increase |
| Lot size | Up to 10 percent decrease |
| Lot width or depth | Up to 10 percent decrease |
| Parking for nonresidential uses | Up to 10 percent decrease or increase |
| Front Setback | 15 feet minimum (18 feet for garages/carports) |
| Interior Side Setback | 3 feet minimum (10-foot aggregate) |
| Rear Setback | Up to 25 percent reduction |
| Nonresidential Setback | Up to 25 percent reduction |
| Single-family residential height | Up to 10 percent increase |
Note: Any request that exceeds the limitations identified in Table 18.425.020 shall require a variance [Section 18.425.020].
Procedures for Approval
Application and Review
Applications for minor exceptions must be filed with the Concord planning division and must be accompanied by evidence supporting the required findings [Section 18.425.040]. The planning division may approve a minor exception without a public hearing unless one is requested by an interested person [Section 18.425.050].
Required Findings
The review authority may approve a minor exception, with or without conditions, if all of the following findings can be made [Section 18.425.060]:
- No practical alternative exists that will result in a superior project regarding appearance, relationship with existing buildings, visibility, and impacts to neighboring properties (including privacy, noise, view, and lighting).
- Other provisions of the Concord Development Code will not be compromised.
- No negative impact will result.
- The project will otherwise comply with all applicable development code standards and requirements.
Reasonable Accommodations
A minor exception for a reasonable accommodation may be approved to accommodate the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA) [Section 18.425.070]. This process requires finding that:
- The request is necessary to make specific housing available to the applicant due to their disability.
- There are no other feasible alternatives that would provide an equivalent level of benefit.
- The request will not impose an undue financial or administrative burden on the City of Concord.
Sections Cited
- Section 18.425.010
- Section 18.425.020
- Section 18.425.040
- Section 18.425.050
- Section 18.425.060
- Section 18.425.070