Larkspur Municipal Code Ch. 17.44 Exceptions

Where practical difficulties or unnecessary physical hardships require relief from the strict application of the provisions of this title, a subdivider may apply for an exception from such provision, or the Planning Commission in the exercise of its own judgment may modify such provisions as provided by this chapter. Exceptions shall not be granted from any provision mandated by the Subdivision Map Act. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The subdivider shall file with the tentative map or the improvement plans application for, and sufficient data and analysis in support of, the exception to enable the Planning Commission to make a finding. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

All requests for exceptions shall be reviewed by the Planning Commission. (Ord. 1069 § 6, 2023; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Within fifty (50) days after receipt of a request for exception, the Planning Commission shall hear and rule on the matter. Except as provided by Larkspur Municipal Code Chapter 2.50, the decision of the Commission shall be final. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

To grant an exception, the Commission shall first make all the following findings:

A. Strict application of the provisions of this title in the case of the land being divided would adversely affect or destroy the natural beauty of the area, or, due to the topography of the land being developed, strict application would create unnecessary construction hardships;

B. The granting of the exception under the circumstances of the particular case will not adversely affect the general health, safety or welfare, or be detrimental to persons, property or improvements in the neighborhood of the subdivision;

C. Because of special circumstances applicable to the property, the strict application of this title would deprive the property of privileges enjoyed by other properties in the neighborhood of the subdivision;

D. The exception requested shall not constitute a grant of special privilege inconsistent with the limitations upon other subdivisions in the neighborhood. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)