18.68.040 Exception Permit.
A. Subject to the following application and procedures, the Planning Department staff shall grant an exception permit to allow changes to single-family nonconforming structures as specified by Larkspur Municipal Code Section 18.68.020.
B. Application and Fee. The application for an exception permit shall be made on forms provided by the City and authorized by the property owner(s). The fee shall be established by resolution of the City Council.
C. Required Information.
1. The required information shall be submitted on approved forms provided by the City.
2. All plans shall be drawn to scale and accurately dimensioned. Floor plans shall be at a one-quarter inch equals one foot scale.
3. Plans showing proposed and existing physical improvements and features shall show the following unless not relevant. The Community Development Director may waive any of the submittal requirements:
a. Site Plan. A site plan showing all existing structure(s) and property lines.
b. Plans showing elevations and exterior materials for all sides of the building shall be prepared. The proposed and existing elevations to be changed shall be shown. Samples of materials shall be submitted when requested.
c. Floor plans shall be submitted indicating the existing and proposed project.
D. Public Notice and Action.
1. Notification. If Planning Department staff determines that an exception permit should be approved and has made the necessary findings outlined herein, notices shall be sent to all property owners within three hundred (300) feet of the subject property using names and addresses appearing on the latest adopted assessor’s roll of the county, indicating that a permit will be issued for the project unless a written protest is received by the City within ten (10) days of the date of the notice. City staff shall also post a notice on the property.
2. Action. Projects to be acted upon by Planning Department staff may be approved; provided, that no written protests have been received within the ten-day time limit, subject to the findings listed below.
3. Protests. In the event that a written protest is submitted to the City within the ten-day time limit, a public hearing shall be set before the Planning Commission.
E. 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 for projects that have been protested. The Community Development Director may place an exception permit request on the Planning Commission agenda at their discretion. At this hearing, the Commission shall consider the testimony of the applicant and any interested parties and then, based upon the following findings, either approve, approve with conditions, continue, or deny the application.
F. Required Findings. The Planning Commission may grant an exception permit for nonconforming structures only if it is able to make the following findings:
1. The exception will not increase the existing nonconformity.
2. The proposed project otherwise conforms to the standards and regulations of this code.
3. The proposed project will not be detrimental to the health, safety, welfare, comfort, or convenience of persons working or residing in the neighborhood of the proposed structure, nor be detrimental to the general welfare.
G. 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.
H. 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.
I. Expiration. An exception permit or historic rehabilitation permit shall expire two (2) years after the effective date of approval.
J. Extension of Time. The applicant may apply to the Community Development Director for a one-year extension of time to implement either the exception permit or historic rehabilitation 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 of time shall require an application to the decision-making body. The applicant shall pay a fee for the extension hearing in an amount sufficient 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. 1030 § 2(12), 2018; Ord. 975 § 4, 2011; Ord. 901 § 1 (part), 2000)