Variance Request Procedures in Concord
To request a variance in the City of Concord, an applicant must file a completed application with the Planning Division and pay all required fees, providing evidence that strict application of the development code creates unique hardships not shared by other property owners in the same zoning district. Variances are reviewed by the Planning Division or the Zoning Administrator, and may involve a public hearing, to ensure the request is consistent with the City’s general plan and zoning standards while addressing specific physical conditions like lot size, shape, or topography.
Purpose and Applicability
A variance provides a mechanism to modify or waive development standards in the Concord Development Code when strict application of those standards would deny a property owner privileges enjoyed by others in the vicinity due to special physical circumstances such as location, shape, size, surroundings, or topography [Section 18.430.010].
A variance may not be granted for any of the following:
- To allow a land use not otherwise permitted in the applicable zoning district [Section 18.430.020].
- To increase the maximum allowed residential density [Section 18.430.020].
- To increase the maximum allowed floor area ratio (FAR) [Section 18.430.020].
- To waive a specific prohibition (e.g., allowing a sign where it is specifically prohibited) [Section 18.430.020].
Application and Review Process
To request a variance, an applicant must follow these steps:
- Application Filing: Complete and file the application with the Planning Division, providing all information specified in the variance checklist and paying the required fees. The applicant bears the responsibility of providing evidence to support the necessary findings [Section 18.430.040].
- Review and Notice: The Planning Division will review the application for compliance. The city will provide notice of a public hearing; however, if the Planning Division intends to render a decision without a hearing, the notice will state that a public hearing will only be held if requested in writing by an interested person [Section 18.430.050].
- Review Authority:
- If no public hearing is requested, the Planning Division may approve the variance [Section 18.430.030].
- If a hearing is requested, the Zoning Administrator will hold the public hearing and make the decision [Section 18.430.030, Section 18.430.050].
- The Zoning Administrator may refer any variance application directly to the Planning Commission for a decision [Section 18.430.030].
Required Findings for Approval
The review authority may approve a variance, with or without conditions, only if all of the following findings can be made:
| Finding Category | Requirement |
|---|---|
| Special Circumstances | Strict application of the Concord Development Code denies privileges enjoyed by other property owners in the vicinity due to special circumstances (location, shape, size, topography, etc.). |
| No Created Hardship | The special circumstances were not created by the owner or applicant. |
| No Special Privilege | The variance does not constitute a grant of special privilege inconsistent with limitations on other properties in the same zoning district. |
| Use Compliance | The variance does not authorize a use not otherwise expressly authorized in the applicable zoning district. |
Parking Variance Special Provision
A variance from parking requirements for nonresidential uses may be granted under Government Code Section 65906.5 if it acts as an incentive or benefit to the nonresidential development and facilitates access by patrons of public transit [Section 18.430.070].
Sections Cited
- Section 18.430.010 (Purpose)
- Section 18.430.020 (Applicability)
- Section 18.430.030 (Review authority)
- Section 18.430.040 (Application)
- Section 18.430.050 (Review, notice, and hearing)
- Section 18.430.060 (Findings and decision)
- Section 18.430.070 (Post-decision procedures)