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The maximum floor area ratio (FAR) in the C-1 District is 0.40, subject to the following exceptions:

A. Second-story residential units over first-story commercial units are exempt from floor area ratio restrictions.

B. Properties exceeding the maximum FAR on the effective date of the ordinance codified in this chapter shall not be considered nonconforming. If such buildings are damaged or destroyed, floor area equal to the building(s)’ original size may be reconstructed, provided:

1. The floor area of the reconstructed or altered structure does not exceed that of the original.

2. The reconstruction or alteration otherwise meets the provisions of the Larkspur Municipal Code.

C. Exceptions. Exceptions to the floor area ratio set by this section may be granted by the Planning Commission at a public hearing to allow architectural spaces within a building provided the Commission is able to make the following findings in the affirmative:

1. The architectural space is an amenity and publicly accessible such as, but not limited to, an atrium lobby.

2. The architectural space will not increase the traffic generation of the structure.

3. The design of the proposed building has been determined to be consistent with Larkspur Municipal Code Chapter 18.64, Design Review.

D. Application for Exceptions. The application for this exception shall include an application form, fees or deposits to cover the costs of processing, and plans, drawings, and other documents of the type and number required by the Planning Department.

E. Noticing for Exceptions. Public hearings for this exception shall be noticed as required for use permits in Larkspur Municipal Code Section 18.76.030. (Ord. 1030 § 2(12), 2018; Ord. 939 § 9, 2004; Ord. 933 § 3, 2004; Ord. 929 § 44, 2004)