The purpose of the planned unit development approval procedure is to permit diversification in the relationships of various structures and open spaces in planned building groups in terms of lot area and coverage, building height, yards and off-street parking and loading space, while ensuring substantial compliance with district regulations and other applicable provisions of this chapter, in order that the intent of this chapter in requiring protection of the public health, safety and general welfare shall be observed without unduly inhibiting the advantages of comprehensive site planning. (Ord. 1030 § 2(12), 2018; Ord. 362 § 1 (part), 1969)

All land involved in an application for planned unit development approvals shall be in one ownership or the subject of an application filed jointly by all owners or authorized agents of all property involved. (Ord. 1030 § 2(12), 2018; Ord. 362 § 1 (part), 1969)

No application shall be made for an area of less than four (4) acres. (Ord. 1030 § 2(12), 2018; Ord. 362 § 1 (part), 1969)

No application shall be accepted for a use which will require a change of zoning district, unless the application is accompanied by an application for reclassification. (Ord. 1030 § 2(12), 2018; Ord. 362 § 1 (part), 1969)

Where application is made for the planned unit development approval procedure, as provided in this chapter, no development of the land involved shall be permitted, nor shall any building permit be issued for any structure to be located within the limits of the development until the planned unit development has been approved as herein provided or until the applicant has filed written notice with the Planning Commission that the application for planned unit development approval has been withdrawn. Applications shall be accompanied by a fee in the amount established by City Council resolution. (Ord. 1030 § 2(12), 2018; Ord. 585 § 4, 1977; Ord. 362 § 1 (part), 1969; Res. 1390)

The application shall be accompanied by a development plan for the entire area of the proposed planned unit development showing the following:

The applicant shall submit a written statement indicating the anticipated timing of the development and the contemplated completion date. (Ord. 1030 § 2(12), 2018; Ord. 362 § 1 (part), 1969)

Upon receipt of an application for a planned unit development, the Planning Commission shall make such investigation and study of the proposed plan as they shall deem necessary, and shall set a time for a public hearing on the application. The Planning Commission shall give notice of the time, place and purpose of the public hearing in the same manner as provided for hearings on use permit applications in Larkspur Municipal Code Chapter 18.76.

In approving any planned unit development, the conditions imposed by the Planning Commission may include, but are not limited to, the time within which a project must be started and be completed; a listing of variances permitted; revised boundaries of the project; uses permitted, and specification of minimum standards.

Application for, and approval of, a planned unit development wherein variances from the standard zoning regulations are approved or wherein uses normally requiring use permits are allowed, shall be deemed to be in compliance with all the necessary procedures for securing or granting a variance or a use permit.

The Planning Commission shall act upon the application within forty-five (45) days of the first hearing date, excluding such time as may be necessary to complete any required zoning reclassification. In taking action, the Planning Commission may recommend approval of the application as submitted, or may recommend denial of the application or may recommend approval subject to certain conditions. A complete record of these actions shall be recorded and maintained and shall be forwarded to the Council. Should the Planning Commission deny the application, appeal procedures as set forth in Larkspur Municipal Code Chapter 2.50 shall be followed and the Council shall have forty-five (45) days after the hearing to act on the appeal. Where an application for planned unit development has been denied pursuant to law, no new application for the same area may be made until one year shall have expired from the date of rejection of the original application. (Ord. 1030 § 2(12), 2018; Ord. 362 § 1 (part), 1969)

In order to grant a planned unit development approval, the Planning Commission shall find the following:

Repealed by Ord. 953. (Ord. 667 § 12, 1981)

The provisions of the circulation assessment permit, Larkspur Municipal Code Chapter 18.14, are applicable to properties in this zoning district. (Ord. 1030 § 2(12), 2018; Ord. 737 § 15, 1986)

If, within three (3) years after the approval of a planned unit development by the City Council, the construction specified in the approved development plan has not commenced, the Planning Commission may review with the applicant(s) the reasons for not starting construction, and may initiate consideration of reclassification, hold public hearings, and make a recommendation to the City Council to reclassify all or part of the area. As long as the planned unit development is valid, so are all related approvals (e.g., design review, circulation assessment permit, slope use permit, etc.). (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(58), 2007)