A. To preserve significant features of a sloping and elevated hill area in essentially their natural state.

B. To encourage in hill areas an alternative approach to conventional flat land practices of development.

C. To minimize grading and cut and fill operations consistent with the retention of the natural character of the hill areas.

D. To minimize the water runoff and soil erosion problems incurred in adjustment of the terrain in order to meet on-site and off-site development needs.

E. To achieve, in hill areas, land use densities and lot sizes for the creation of new parcels through subdivisions, lot line adjustments, and multiple-unit residential developments that are in keeping with the General Plan and retain the significant natural features of the hill areas. (Note: The land use densities and lot size regulations of this chapter are not intended to apply to new single-family homes built on existing legally created parcels or to the merger of existing legally created substandard size parcels, both of which are subject to other provisions of the zoning ordinance and Larkspur Municipal Code.)

F. To ensure that hillside land characterized by soil and other subsurface conditions having unstable characteristics be identified and that this factor be taken into account before the issuance of any permits required by this chapter.

G. To ensure that the City does not incur any inordinate increase in the cost of providing or maintaining public services and that any increase in the cost of supplying or maintaining public services would not significantly weaken the City’s financial position.

H. To preserve the predominant views both from and of the hill areas and to retain the sense of identity and image that these hill areas now impart to the City and its environs. (Ord. 1030 § 2(12), 2018; Ord. 934 § 2, 2004; Ord. 471 § 1 (part), 1973)

“Contour interval” means the difference in elevation between adjacent contour lines on a topographical or planimetric map.

“Hillside land” means land which has an average percent of slope equal to or exceeding ten (10) percent.

Natural State. For the purpose of determining compliance with Larkspur Municipal Code Section 18.34.080, Preservation of Natural and Permeable Areas, “natural state” is that portion of a lot that is open and undeveloped with structures and other impermeable surfaces. Impermeable surfaces include, but are not limited to, the footprint of structures, paved walkways and driveways, swimming pools, decks, patios and walls, but shall not include permeable materials such as turf block, crushed granite, or other materials approved as permeable by the Public Works Department. Vehicular easements serving other properties shall be excluded from the natural state calculation.

“Ridge” means a connected series of major and minor hills as designated on the zoning map of the City.

“Ridgeline” means a ground line located at the highest elevation of the ridge running parallel to the long axis of the ridge. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(38), 2007; Ord. 934 § 2, 2004; Ord. 929 § 24, 2004; Ord. 471 § 1 (part), 1973)

A. The average percent of slope is calculated using the following formula:

S = (100 × I × L) ÷ A

where “S” is the average percent of slope; “I” is the contour interval in feet; “L” is the summation of length of the contour lines in feet less the length of the average contour line; i.e., L = total length of contour lines – total length of contour lines divided by total number of contour lines; and “A” is the area of the lot being considered in square feet.

B. Slope calculations shall be based on accurate topographic survey maps of the following minimum standards:

C. For the purpose of determining required natural state, density adjustments, and FAR ratios, the calculated slope shall be rounded off to the nearest one percent.

D. The calculation of slope shall exclude vehicular easements, which are not applicable to required natural state, density adjustment, and FAR ratios. (Ord. 1030 § 2(12), 2018; Ord. 934 § 2, 2004; Ord. 929 §§ 25, 26, 27, 2004; Ord. 689 § 2, 1983; Ord. 471 § 1 (part), 1973)

A. For the purposes of determining the minimum lot area per dwelling and the allowed density, the owner may elect to exclude portions of the site from that considered in the calculations of average slope. No more than three (3) such portions of a site may be excluded from these calculations. Each area so excluded must be delineated using five (5) or fewer straight lines and may in addition include the property lines.

B. If the owner makes this election the following requirements apply:

C. This provision does not apply to the calculations of average slope for the purposes of determining if a use permit is required. (Ord. 1030 § 2(12), 2018; Ord. 934 § 2, 2004; Ord. 929 § 28, 2004; Ord. 689 § 3, 1983)

A. Slope Use Permit Requirement. A slope use permit shall be required whenever:

B. In considering the slope use permit application, the Planning Commission shall consider the following matters before approving the issuance of a slope use permit:

C. Findings of Approval. In approving any slope use permit under this chapter, the Planning Commission must make the following findings:

D. Required Data. Any application for a use permit as required herein shall be accompanied by the following data. The Community Development Director may waive some or all of the requirements of this section if, in the Director’s judgment, the size of the project does not warrant them:

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. At this hearing the Commission shall consider the testimony of the applicant and any interested parties and then, based on the findings listed in subsection (C) of this section, either approve, approve with conditions, or deny the application, with or without prejudice.

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 slope use permit if it finds that the conditions of approval have not been complied with.

H. Expiration. A slope use 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 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. 1051 § 3, 2020; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(39, 40), 2007; Ord. 934 § 2, 2004; Ord. 929 §§ 30 – 34, 2004; Ord. 554 § 1, 1976; Ord. 471 § 1 (part), 1973)

A. The existence of natural areas beyond that required pursuant to Larkspur Municipal Code Section 18.34.080.

B. The existence of amenities or on-site or off-site improvements which are not normally found or required in residential developments.

C. The existence of a mixture of housing types which provides a variation in the appearance of the development and allows a range of housing prices for differing income levels.

D. The offer to and acceptance by the City of land in excess of the park land dedication requirements of Larkspur Municipal Code Chapter 17.13.

E. The incorporation of the concept of clustering of development. (Ord. 1030 § 2(12), 2018; Ord. 934 § 2, 2004; Ord. 471 § 1 (part), 1973)

A. Size and Treatment. In order to keep all graded areas and cuts and fills to a minimum, to eliminate unsightly grading and to preserve the natural appearance and beauty of the property as far as possible as well as to serve the other specified purposes of this chapter, specific requirements may be placed on the size of areas to be graded or to be used for building, and on the size, height and angles of cut slopes and fill slopes and the shape thereof. In appropriate cases, retaining walls or other means of ensuring soil stability may be required.

B. Restrictions. All areas indicated as natural areas on the approved development plan shall be undisturbed by grading or excavating for structures or otherwise, except that riding trails, hiking trails, picnic areas, stables and similar amenities may be placed in natural open areas pursuant to the approval of a use permit.

C. Landscaping. Plans shall include the planting of newly created banks or slopes for erosion control and/or to eliminate or minimize undesirable visual effects.

D. Cumulative Grading. When considering the amount of grading proposed by a current development proposal, the existence of prior grading on a site shall be taken into account, especially as it relates to the required finding that the amount of proposed grading is limited to what is necessary to allow reasonable development of the site. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(42), 2007; Ord. 934 § 2, 2004; Ord. 471 § 1 (part), 1973)