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A. Development projects, except as noted in subsection (B) of this section, shall be subject to the imposition of a traffic impact fee.

1. A change of use shall be considered a development project when the traffic generation of the new use exceeds that of the former use by ten (10) or more trips in the weekday morning or afternoon traffic peak hour.

2. Incremental increases of a use, either in floor area or type, which result in a net increase in the traffic generation exceeding ten (10) weekday morning or afternoon traffic peak hour trips within a five-year period shall be subject to the payment of this fee.

B. Exemptions. The following development projects are exempt from the payment of an impact fee:

1. Construction of, or addition to, a single-family dwelling on a legal R-1 zoned lot existing prior to the effective date of the Circulation Assessment Permit Ordinance, Larkspur Municipal Code Chapter 18.14, which is June 18, 1986.

2. Home occupations as defined in Larkspur Municipal Code Section 18.08.300.

3. Accessory dwelling units created pursuant to Larkspur Municipal Code Chapter 18.23.

4. Low and moderate income housing units as required by policy 2.1 of the housing element of the Larkspur General Plan.

5. Projects found by the City Council to have an overriding public benefit may be partially or totally exempted.

6. Any projects exempt pursuant to state or federal law.

7. Development for which an application for a vesting tentative map authorized by Government Code Section 66498.1 was deemed complete on or prior to the date of the introduction of this chapter.

8. Capital improvements and/or buildings or structures related to the operation of City, Marin County, state or federal governments including, but not limited to, police and fire stations, park facilities, parking lots, offices, equipment yards, sanitation facilities, parks and similar facilities in or through which general government operations are conducted; provided, however, that this subsection shall not create an exemption for private commercial or industrial activities conducted on public lands. (Ord. 1030 § 2(12), 2018; Ord. 840 § 1 (part), 1992)