18.35.060 Exception Permit.
A. Subject to the following procedures, the Planning Commission may grant an exception permit to allow floor areas greater than provided for above; however, the Zoning Administrator may grant an exception permit for additions to or construction of a detached accessory structure on parcels zoned for single-family and duplex use that have a gross floor area of less than five hundred and one (501) square feet.
B. Application may be filed with the City by a property owner or their authorized representative for an exception to the FAR requirements. The application will be made to the Planning Department and be subject to fees as established by a resolution of the City Council.
C. Required Information. The applicant shall provide three (3) or more copies of the following information (additional copies will be required at the time of hearing):
1. The information required for a design review permit, set forth in Larkspur Municipal Code Section 18.64.040.
2. The site plans shall show all the structures on contiguous lots (which include lots across any abutting streets).
3. Elevation drawings showing the outlines of these adjacent structures and the structure in question drawn to the same scale.
4. Any additional materials as required by either the Community Development Director or the Planning Commission. This may include massing models of the structure in question and adjacent structures.
5. The Community Development Director may waive any of the information submittal requirements.
D. Public Hearing. The Planning Commission shall hold a public hearing that has been noticed pursuant to the provisions of Larkspur Municipal Code Section 18.76.030. At this hearing the Commission shall consider the testimony of the applicant and any interested parties and then, based on the following findings, either approve, approve with conditions, or deny the application.
E. Required Findings. The Planning Commission or Zoning Administrator may only grant an exception to the FAR standards if the findings outlined in Larkspur Municipal Code Section 18.64.055 and the following findings can be made:
1. The applicant has employed mass-reducing techniques such that the additional square footage over the floor area limit for the site is mitigated and does not result in a home that overbuilds the lot. The technique or culmination of techniques results in a design that either blends with the neighborhood or is of a unique architectural design that is sensitive to the immediate neighbors and compatible with the overall neighborhood character.
2. The proposed structure will not contribute significantly to adverse traffic or parking conditions in the neighborhood.
F. Appeal and Appeal Period. The decision of the Planning Commission may be appealed to the City Council pursuant to Larkspur Municipal Code Chapter 2.50. The Commission’s action will not be final until the appeal period has lapsed.
G. Revocation. The Planning Commission may hold a public hearing, noticed as required above, and revoke the exception permit if it finds that the conditions of the original approval have not been complied with.
H. Expiration. An exception permit shall expire two (2) years after the effective date of the Planning Commission’s action, or final discretionary approval, or at an alternative period specified by the approving body at the time of final discretionary approval. The applicant may apply to the Community Development Director for a one-year extension of the permit prior to its expiration date, and the Director shall grant the extension if they determine that no significant changes to information regarding the condition of the property and/or the surrounding district have occurred since the original approval. An additional one-year extension shall require an application to the Planning Commission, and shall be considered at a duly noticed public hearing. The applicant shall pay a fee for the extension hearing in an amount to cover the costs of processing, and the same criteria used by the Community Development Director for granting the extension shall apply. (Ord. 1062 § 14, 2022; Ord. 1051 § 4, 2020; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(46), 2007; Ord. 945 § 1, 2004; Ord. 933 § 2, 2004; Ord. 931 § 1, 2004; Ord. 929 § 36, 2004; Ord. 857 § 10, 1993; Ord. 818 § 1, 1991; Ord. 804 § 1, 1990)