9.54.080 Extension of the Transition Period.
A. The owner or operator of a fixed noise source that violates the provisions of this chapter and the operation of which was in violation of this chapter prior to the effective date of the ordinance codified in this chapter may request from the Planning Commission an extension of the transition period provided for in Larkspur Municipal Code Section 9.54.070.
B. The Planning Commission may grant an extension to the transition provided it can make the following findings:
1. The applicant has reasonably endeavored to reduce the noise violation during the transition period.
2. Because of specific undue hardships the time extension is necessary for the applicant to alter their activity or operation to comply with this chapter.
3. The extension of time will not have a significant adverse impact on the health, safety, or welfare of the persons residing or working in the area affected by the noise source.
C. The time, place, and subject matter of the hearing on the extension shall be noticed in the following manner: notices shall be posted on the affected property, sent to all property owners listed in the current assessor’s tax roll as owning property within three hundred feet of the subject property, and posted at three public noticing boards within the City.
D. The Planning Commission may prescribe any reasonable conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
E. The application shall be accompanied by a fee as established by the City Council.
F. At the request of either the Community Development Director or the Planning Commission the applicant shall submit an acoustical study prepared by an acoustical engineer licensed by the State of California. The study shall include but not be limited to an assessment of the noise impacts of the subject noise violation, including establishing ambient sound levels as well as the sound level generated by the subject noise source; mitigation measures required to meet or better the City noise level standards, and estimates of the costs of implementing the mitigation measures. Further, the City may require the review of this noise study by another acoustical engineer of the City’s choice, this review to be financed by the applicant.
G. An applicant for an extension shall remain subject to prosecution under the terms of this chapter until an extension is granted. (Ord. 1062 § 14, 2022; Ord. 1048 § 2, 2020; Ord. 1030 § 2(7), 2018; Ord. 697 § 1 (part), 1983)