Development District
The provisions of Larkspur Municipal Code Chapter 18.14, Circulation Assessment Permit, are applicable to properties in this zoning district.
To establish for certain areas of the community a level of planning and development policy which will be consistent with the General Plan, yet sufficiently flexible to permit detailed planning at the time of development. The Planned Development (P-D) District is designed to allow inclusion within its boundaries of a mixture of uses, building intensities or design characteristics which would not normally be permitted in any single use district. This variation is permitted only through the adoption by the City of a precise development plan showing proper orientation, desirable design character and interrelationship and compatibility of land uses. The P-D District is intended to be employed in areas where tracts of land are subject to potential development and where coordination of such development is essential to achieve unique and innovative community design. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
The following regulations shall apply in a P-D District, which district shall also be subject to other provisions of this title, except that where conflict in regulation occurs, the requirements specified in this chapter or on a site plan approved pursuant to this chapter, shall apply:
A. The minimum area on which a P-D District may be established shall be four (4) acres of contiguous land. However, a P-D District may be established for an area of less than four (4) contiguous acres if the Planning Commission and the City Council find that the property is suitable as a P-D District by virtue of its relationship to adjacent parcels and their development plan (existing or proposed), unique historical character, topography, or landscaping features, or by virtue of its qualifying as an isolated problem area.
B. Land uses permitted in any other district may be permitted in the P-D District, provided such use or uses are in harmony with each other and serve to fulfill the function of the planned development, while complying with the General Plan, including the density or intensity of development prescribed for the property as shown in the General Plan.
C. Standards for lot area frontage and width, coverage, FAR, yards, building heights, landscaping and parking for uses in a P-D District shall be the standards of the zoning district governing uses most similar in nature and function to the uses proposed in the P-D District. For detached single-family residential developments, the R-1 District standards apply. For duplex development or single-family and duplex combined development, the R-2 District standards apply. For multifamily and dwelling group development, the R-3 District standards apply. Exceptions to these standards may be allowed by the Planning Commission and the City Council, when it can be demonstrated that such exceptions would result in a more desirable development and are warranted in terms of the relationship of the total proposed development or units thereof with the General Plan.
D. All land designated parks and/or open space shall be conveyed, at the option of the City, by one of the following procedures:
1. It may be conveyed to trustees provided in an indenture establishing an association of property owners or similar organization, subject to covenants running with the land, satisfactory to the City Attorney, which restrict the open space to the uses specified by the development plan, which provide for the maintenance of the open space in a manner that assures its continuing use for its intended purpose, and which provide legal means for the City to enforce these provisions;
2. It may be conveyed to the City in a manner satisfactory to the City Attorney.
E. The streets, bike paths and pedestrian ways within and bordering a P-D District shall be offered for dedication to the City. Standards for public improvements shall be governed by applicable ordinances and laws of the City or shall be as established by the City Public Works Department for the development under consideration. (Ord. 1030 § 2(12), 2018; Ord. 929 §§ 54, 55, 2004; Ord. 463 § 1 (part), 1973)
The P-D District may be established by a City-initiated zoning process or by application to the Planning Commission by one or more private property owners. If the City initiates the zoning process, the P-D zoning classification shall be established prior to the approval of a preliminary development plan, or concurrently with, or subsequent to, the adoption of a specific plan; however, the interim use of the property shall be as indicated in Larkspur Municipal Code Section 18.55.040. If the owner or owners initiate the zoning process, the P-D zoning classification shall not be established until the preliminary development plan is approved or a specific plan is adopted as specified in Larkspur Municipal Code Sections 18.55.080 and 18.55.090. (Ord. 1030 § 2(12), 2018; Ord. 929 § 56, 2004; Ord. 463 § 1 (part), 1973)
A. Procedures for establishing a Planned Development District classification for any parcel or parcels of property within the City may be initiated by the Planning Commission or the City Council in accordance with the procedures set forth in Larkspur Municipal Code Chapter 18.80.
B. In the time period between the establishment of a P-D District and approval of a precise development plan, the permitted uses in said district shall be:
1. Those uses permitted in an R-1 First Residential District as set forth in Larkspur Municipal Code Chapter 18.20. No improvement, land or road grading, or subdivision of lands shall be done unless in compliance with the regulations governing the R-1 District.
2. A temporary conditional use subject to securing a use permit in every case. Temporary conditional uses may be approved by the Planning Commission only when compatible with existing uses and with any approved preliminary plan. Said use permits may be approved for a time period not to exceed five (5) years.
3. All legally established uses in existence at the time of the adoption of the P-D District. Such uses are considered legal, nonconforming and are subject to the provisions of Larkspur Municipal Code Chapter 18.68, Nonconforming Uses and Structures.
The above uses are the only uses permitted in the P-D District until and unless a preliminary development plan is processed and approved by the City pursuant to the procedures set forth in Larkspur Municipal Code Section 18.55.050 et seq. It shall be the responsibility of the owner or owners of land within the P-D District to prepare and submit such preliminary development plan for all of the land within the district.
C. In the event that an owner of a parcel of property within a P-D District, which district encompasses additional lands under different ownership, desires to process a plan for their property independently of other properties within the district, said owner may apply for an exception permit. The granting of an exception permit shall exempt the applicant from the requirement of coordinated application processing associated with submitting a preliminary development plan for all of the land within the district and shall allow said applicant to include only their property within such plan submission. Otherwise, said applicant shall be bound by all the provisions of the P-D District.
D. Application for an exception permit shall be made to the Planning Commission. The Planning Commission shall grant such an exception permit only if it makes all of the following findings:
1. An undue hardship exists for the applicant;
2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; and
3. The granting of the application, under the circumstances of the particular case, will not adversely affect the health, safety or welfare or be detrimental to persons, property or improvements in the vicinity.
Any action taken by the Planning Commission in granting or denying such an application may be appealed to the City Council pursuant to the provision of Larkspur Municipal Code Section 2.50.040. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 929 § 57, 2004; Ord. 547 § 1, 1976; Ord. 504 § 1, 1974; Ord. 463 § 1 (part), 1973)
An application for the establishment of a P-D District may be made to the Planning Commission by one or more private property owners. The application shall be permitted on prescribed forms and shall be accompanied by a filing fee.
In addition, the applicant shall pay the actual costs of services rendered in checking the preliminary development plan for conformance with the provisions of this chapter. Such costs may be apportioned between the owners, as they may agree upon, or may be apportioned by the proportionate parcel sizes of the property ownerships. Payment for such actual costs of services shall become due and payable upon their completion and upon receipt of a bill therefor. The preliminary development plan shall not be reviewed by the Planning Commission until such fees are paid. The application shall be signed by the owner(s) of every property within the boundaries of the proposed P-D District. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
The applicant shall submit a preliminary development plan to the Planning Commission for approval. This approval shall be limited to the general acceptability of the land uses and densities proposed and their interrelationship and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility. The preliminary development plan and supporting material shall normally be prepared and endorsed by a qualified urban planner, and shall include the following information:
A. A topographic map of the subject property or properties, prepared by a registered civil engineer or licensed land surveyor, including metes and bounds description(s), and showing in accurate detail the topography, existing buildings and existing land features and trees;
B. Proposed land uses, residential densities, and population analysis;
C. Proposed circulation pattern, indicating both public and private vehicular and pedestrian ways, a traffic index for use on determining street structural design, and estimated traffic generation as it affects public streets within and in the vicinity of the proposed development;
D. Proposed parks, playgrounds, school sites and other open spaces, public and private;
E. Relation to present and future land use in surrounding area and to the General Plan;
F. Economic feasibility analysis of any commercial uses, if the property is not zoned for similar commercial uses at the time of submittal of the preliminary development plan;
G. An analysis of all public, quasi-public, recreational and educational areas and facilities proposed in terms of their adequacy to meet the projected needs;
H. A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open space;
I. Preliminary report indicating provisions for storm drainage, sewage disposal and public utilities;
J. Delineation of development phases, if any;
K. Any additional information which may be required in order to determine if contemplated arrangement or uses make it desirable to apply a P-D District classification to the area under consideration;
L. The Community Development Director may waive any of the above required informational items, maps, drawings, etc., if, in their opinion, they are unnecessary or unreasonable under the circumstances. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 504 § 2, 1974; Ord. 463 § 1 (part), 1973)
The Planning Commission, after public hearing, may recommend the establishment of a P-D District, and the City Council, after public hearing may, by ordinance, establish a P-D District, providing that they find that the facts submitted with the application and presented at the hearing established as follows:
A. The proposed P-D District, or a given phase thereof, can be substantially completed within four (4) years of the establishment of the P-D District;
B. That each individual phase of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not adequately be achieved under other zoning districts;
C. That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D District;
D. That any proposed commercial development can be justified economically at the locations proposed to provide for adequate commercial facilities of the types proposed;
E. That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the precise site plan in accord with adopted policy of the Planning Commission and the City Council;
F. That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
G. That the P-D District is in conformance with the General Plan; and
H. That existing or proposed utility services are adequate for the population densities proposed. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
Approval by the Planning Commission of the preliminary development plan in accordance with the amendment procedures required by this title shall constitute the Planning Commission’s approval of the necessary amendment of the zoning district map(s) establishing a P-D District. In taking this action, the Planning Commission may deny the preliminary development plan as submitted and the establishment of a P-D District, or may recommend approval of said plan and the establishment of a P-D District, subject to specified amendments or conditions. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
Approval by the City Council of the preliminary development plan in accordance with the amendment procedures of this title shall constitute the City Council’s approval of the necessary amendment of the zoning district map(s) establishing a P-D District. Alternatively, concurrent with, or subsequent to the adoption of a specific plan, a portion of or all of the specific plan area may be zoned P-D in lieu of adoption of a preliminary plan and the specific plan shall serve as the preliminary plan. (Ord. 1030 § 2(12), 2018; Ord. 929 § 58, 2004; Ord. 463 § 1 (part), 1973)
The applicant shall submit the precise development plan and supporting evidence and documents for review and approval by the Planning Commission and the City Council. Said precise development plan shall be in substantial conformance with the approved preliminary development plan or adopted specific plan covering the property.
The precise development plan and supporting material shall have been prepared and endorsed by a qualified professional team, which shall include the following persons as determined appropriate by the Planning Commission: Urban planner, licensed architect, licensed land surveyor, registered civil engineer and registered landscape architect, and shall include the following:
A. A topographic map of the subject property or properties, prepared by a registered civil engineer or licensed land surveyor, including metes and bounds description(s), and showing in accurate detail the topography, existing buildings and existing land features and trees;
B. A site plan, showing in detail the design and location of all functional use areas, such as parking areas, planting areas, recreation areas, parks, open space, plazas; showing auto, bicycle and pedestrian circulation; and showing buildings and their relationship to said functional areas and circulation;
C. A tabulation of the total land area and percent thereof designated for various uses;
D. The number and type of dwelling units and tabulation of residential densities and estimated residential population by type of dwelling unit;
E. Tabulation of floor areas and uses of nonresidential buildings;
F. Building plans, including floor plans and exterior elevations;
G. Landscape plan showing type of ground surfacing, walls, fences, shelters and the details thereof;
H. Planting plan showing location, number and name of all trees, shrubs and ground covers;
I. Construction plans of on-site grading and drainage;
J. Plans for the location, grades, widths and types of improvements proposed for all on- and off-site streets, driveways, parking areas, pedestrian ways, bicycle paths and utilities;
K. As a prerequisite to the establishment of fire zone(s) by the City Council, the applicant shall provide the information necessary for evaluation and assignment of fire zone designations, including proposed use and occupancy, type of construction, building height and area of each building or structure, and proposed distances between buildings and structures and distances to property lines shall be submitted in the precise development plan;
L. In addition, the precise development plan shall be accompanied by:
1. Statement indicating the phases of construction proposed for the entire development and the timing of each phase,
2. Statement of provisions for ultimate ownership of all parts of development including streets, structures and open spaces including suitable deed covenants providing for continuing use of property for local open space purposes,
3. Statement of ultimate holding of multiple residential units (i.e., as apartment units or as condominium units),
4. A copy of an agreement whereby, in consideration of the acceptance by the Council of the streets, alleys, pedestrian ways, drainage channels, easements and other rights-of-way offered for dedication, the applicant agrees to complete the required public improvements specified in said agreements, within the time period specified therein. The agreement may provide for the improvements to be installed in phases, and for extensions of time under specified conditions. The agreement shall provide for a security deposit of cash or negotiable bonds or a corporate surety bond approved by the Council, of sufficient amount to cover the costs of all required public improvements not completed, such security to be deposited at the time or times specified in the agreement,
5. Any additional drawings or information as may be required by the Planning Commission.
M. The Community Development Director may waive any of the above required informational items, maps, drawings, etc., if, in their opinion, they are unnecessary or unreasonable under the circumstances.
When the precise development plan calls for development to be done in two (2) or more phases as provided in subsection (L)(1) of this section, the applicant shall submit the information requested in subsections (A) through (L) inclusive of this section for the first phase, except as may be waived under subsection (M) of this section. At that time the following information shall also be submitted for the second and subsequent phases: the information requested in subsections (A) through (D) and (I) through (L) of this section except as waived under subsection (M) of this section; the provision of information requested in subsections (E) through (H) of this section is optional. Review and approval by the Planning Commission and City Council of the information requested in subsections (E) through (H) of this section will be done prior to time of construction of each phase as specified in subsection (L)(1) of this section. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 929 § 59, 2004; Ord. 504 § 3, 1974; Ord. 463 § 1 (part), 1973)
The development of condominiums must follow the standards and regulations of Larkspur Municipal Code Chapter 18.38. Further, the conversion of existing residential real property to a condominium project, community apartment project, or stock cooperative requires the approval of a use permit under Larkspur Municipal Code Section 18.38.070 et seq. (Ord. 1030 § 2(12), 2018; Ord. 667 § 13, 1981)
Application for preliminary plan approval, precise plan approval and precise plan modification shall be accompanied by fees in the amounts established by City Council resolution. (Ord. 1030 § 2(12), 2018; Ord. 585 § 5, 1977; Ord. 463 § 1 (part), 1973)
Approval by the Planning Commission of the precise development plan, in accordance with the amendment procedures required by this title, shall constitute the Planning Commission’s approval of the necessary amendment of the zoning district map(s) previously establishing the P-D District. In taking this action, the Planning Commission may deny the precise development plan as submitted or may recommend approval of said plan subject to specified amendments or conditions. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
Approval by the City Council of the precise development plan in accordance with the amendment procedures of this title shall constitute the City Council’s approval of the necessary amendments to the zoning district map(s) and the precise development plan shall, by reference, be incorporated into and become a part of the ordinance previously establishing the P-D District. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
The precise development plan may be modified by submitting a request for such modification according to the same procedures as are required in the initial review and approval process, including public hearings by the Planning Commission and the City Council.
The departures from standards ordinarily required in other districts, and permitted in the initial approval of a P-D District, shall not be considered as precedent setting or as a lone compelling reason for approving the modification. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
If, within two (2) years after the establishment of a P-D District and the approval of the preliminary development plan by the City Council, the precise development plan has not been submitted in the required form to the City for approval, the Planning Commission may review with the applicant(s) the reasons for not submitting the precise development plan, 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.
Furthermore, if, within three (3) years after the approval of a precise development plan by the City Council, the construction specified in the precise 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 precise development plan 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(59), 2007; Ord. 929 § 60, 2004; Ord. 463 § 1 (part), 1973)
The provisions of Larkspur Municipal Code Chapter 18.14, Circulation Assessment Permit, are applicable to properties in this zoning district. (Ord. 1030 § 2(12), 2018; Ord. 737 § 16, 1986)
Development District
The provisions of Larkspur Municipal Code Chapter 18.14, Circulation Assessment Permit, are applicable to properties in this zoning district.
To establish for certain areas of the community a level of planning and development policy which will be consistent with the General Plan, yet sufficiently flexible to permit detailed planning at the time of development. The Planned Development (P-D) District is designed to allow inclusion within its boundaries of a mixture of uses, building intensities or design characteristics which would not normally be permitted in any single use district. This variation is permitted only through the adoption by the City of a precise development plan showing proper orientation, desirable design character and interrelationship and compatibility of land uses. The P-D District is intended to be employed in areas where tracts of land are subject to potential development and where coordination of such development is essential to achieve unique and innovative community design. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
The following regulations shall apply in a P-D District, which district shall also be subject to other provisions of this title, except that where conflict in regulation occurs, the requirements specified in this chapter or on a site plan approved pursuant to this chapter, shall apply:
A. The minimum area on which a P-D District may be established shall be four (4) acres of contiguous land. However, a P-D District may be established for an area of less than four (4) contiguous acres if the Planning Commission and the City Council find that the property is suitable as a P-D District by virtue of its relationship to adjacent parcels and their development plan (existing or proposed), unique historical character, topography, or landscaping features, or by virtue of its qualifying as an isolated problem area.
B. Land uses permitted in any other district may be permitted in the P-D District, provided such use or uses are in harmony with each other and serve to fulfill the function of the planned development, while complying with the General Plan, including the density or intensity of development prescribed for the property as shown in the General Plan.
C. Standards for lot area frontage and width, coverage, FAR, yards, building heights, landscaping and parking for uses in a P-D District shall be the standards of the zoning district governing uses most similar in nature and function to the uses proposed in the P-D District. For detached single-family residential developments, the R-1 District standards apply. For duplex development or single-family and duplex combined development, the R-2 District standards apply. For multifamily and dwelling group development, the R-3 District standards apply. Exceptions to these standards may be allowed by the Planning Commission and the City Council, when it can be demonstrated that such exceptions would result in a more desirable development and are warranted in terms of the relationship of the total proposed development or units thereof with the General Plan.
D. All land designated parks and/or open space shall be conveyed, at the option of the City, by one of the following procedures:
1. It may be conveyed to trustees provided in an indenture establishing an association of property owners or similar organization, subject to covenants running with the land, satisfactory to the City Attorney, which restrict the open space to the uses specified by the development plan, which provide for the maintenance of the open space in a manner that assures its continuing use for its intended purpose, and which provide legal means for the City to enforce these provisions;
2. It may be conveyed to the City in a manner satisfactory to the City Attorney.
E. The streets, bike paths and pedestrian ways within and bordering a P-D District shall be offered for dedication to the City. Standards for public improvements shall be governed by applicable ordinances and laws of the City or shall be as established by the City Public Works Department for the development under consideration. (Ord. 1030 § 2(12), 2018; Ord. 929 §§ 54, 55, 2004; Ord. 463 § 1 (part), 1973)
The P-D District may be established by a City-initiated zoning process or by application to the Planning Commission by one or more private property owners. If the City initiates the zoning process, the P-D zoning classification shall be established prior to the approval of a preliminary development plan, or concurrently with, or subsequent to, the adoption of a specific plan; however, the interim use of the property shall be as indicated in Larkspur Municipal Code Section 18.55.040. If the owner or owners initiate the zoning process, the P-D zoning classification shall not be established until the preliminary development plan is approved or a specific plan is adopted as specified in Larkspur Municipal Code Sections 18.55.080 and 18.55.090. (Ord. 1030 § 2(12), 2018; Ord. 929 § 56, 2004; Ord. 463 § 1 (part), 1973)
A. Procedures for establishing a Planned Development District classification for any parcel or parcels of property within the City may be initiated by the Planning Commission or the City Council in accordance with the procedures set forth in Larkspur Municipal Code Chapter 18.80.
B. In the time period between the establishment of a P-D District and approval of a precise development plan, the permitted uses in said district shall be:
1. Those uses permitted in an R-1 First Residential District as set forth in Larkspur Municipal Code Chapter 18.20. No improvement, land or road grading, or subdivision of lands shall be done unless in compliance with the regulations governing the R-1 District.
2. A temporary conditional use subject to securing a use permit in every case. Temporary conditional uses may be approved by the Planning Commission only when compatible with existing uses and with any approved preliminary plan. Said use permits may be approved for a time period not to exceed five (5) years.
3. All legally established uses in existence at the time of the adoption of the P-D District. Such uses are considered legal, nonconforming and are subject to the provisions of Larkspur Municipal Code Chapter 18.68, Nonconforming Uses and Structures.
The above uses are the only uses permitted in the P-D District until and unless a preliminary development plan is processed and approved by the City pursuant to the procedures set forth in Larkspur Municipal Code Section 18.55.050 et seq. It shall be the responsibility of the owner or owners of land within the P-D District to prepare and submit such preliminary development plan for all of the land within the district.
C. In the event that an owner of a parcel of property within a P-D District, which district encompasses additional lands under different ownership, desires to process a plan for their property independently of other properties within the district, said owner may apply for an exception permit. The granting of an exception permit shall exempt the applicant from the requirement of coordinated application processing associated with submitting a preliminary development plan for all of the land within the district and shall allow said applicant to include only their property within such plan submission. Otherwise, said applicant shall be bound by all the provisions of the P-D District.
D. Application for an exception permit shall be made to the Planning Commission. The Planning Commission shall grant such an exception permit only if it makes all of the following findings:
1. An undue hardship exists for the applicant;
2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; and
3. The granting of the application, under the circumstances of the particular case, will not adversely affect the health, safety or welfare or be detrimental to persons, property or improvements in the vicinity.
Any action taken by the Planning Commission in granting or denying such an application may be appealed to the City Council pursuant to the provision of Larkspur Municipal Code Section 2.50.040. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 929 § 57, 2004; Ord. 547 § 1, 1976; Ord. 504 § 1, 1974; Ord. 463 § 1 (part), 1973)
An application for the establishment of a P-D District may be made to the Planning Commission by one or more private property owners. The application shall be permitted on prescribed forms and shall be accompanied by a filing fee.
In addition, the applicant shall pay the actual costs of services rendered in checking the preliminary development plan for conformance with the provisions of this chapter. Such costs may be apportioned between the owners, as they may agree upon, or may be apportioned by the proportionate parcel sizes of the property ownerships. Payment for such actual costs of services shall become due and payable upon their completion and upon receipt of a bill therefor. The preliminary development plan shall not be reviewed by the Planning Commission until such fees are paid. The application shall be signed by the owner(s) of every property within the boundaries of the proposed P-D District. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
The applicant shall submit a preliminary development plan to the Planning Commission for approval. This approval shall be limited to the general acceptability of the land uses and densities proposed and their interrelationship and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility. The preliminary development plan and supporting material shall normally be prepared and endorsed by a qualified urban planner, and shall include the following information:
A. A topographic map of the subject property or properties, prepared by a registered civil engineer or licensed land surveyor, including metes and bounds description(s), and showing in accurate detail the topography, existing buildings and existing land features and trees;
B. Proposed land uses, residential densities, and population analysis;
C. Proposed circulation pattern, indicating both public and private vehicular and pedestrian ways, a traffic index for use on determining street structural design, and estimated traffic generation as it affects public streets within and in the vicinity of the proposed development;
D. Proposed parks, playgrounds, school sites and other open spaces, public and private;
E. Relation to present and future land use in surrounding area and to the General Plan;
F. Economic feasibility analysis of any commercial uses, if the property is not zoned for similar commercial uses at the time of submittal of the preliminary development plan;
G. An analysis of all public, quasi-public, recreational and educational areas and facilities proposed in terms of their adequacy to meet the projected needs;
H. A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open space;
I. Preliminary report indicating provisions for storm drainage, sewage disposal and public utilities;
J. Delineation of development phases, if any;
K. Any additional information which may be required in order to determine if contemplated arrangement or uses make it desirable to apply a P-D District classification to the area under consideration;
L. The Community Development Director may waive any of the above required informational items, maps, drawings, etc., if, in their opinion, they are unnecessary or unreasonable under the circumstances. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 504 § 2, 1974; Ord. 463 § 1 (part), 1973)
The Planning Commission, after public hearing, may recommend the establishment of a P-D District, and the City Council, after public hearing may, by ordinance, establish a P-D District, providing that they find that the facts submitted with the application and presented at the hearing established as follows:
A. The proposed P-D District, or a given phase thereof, can be substantially completed within four (4) years of the establishment of the P-D District;
B. That each individual phase of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not adequately be achieved under other zoning districts;
C. That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D District;
D. That any proposed commercial development can be justified economically at the locations proposed to provide for adequate commercial facilities of the types proposed;
E. That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the precise site plan in accord with adopted policy of the Planning Commission and the City Council;
F. That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
G. That the P-D District is in conformance with the General Plan; and
H. That existing or proposed utility services are adequate for the population densities proposed. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
Approval by the Planning Commission of the preliminary development plan in accordance with the amendment procedures required by this title shall constitute the Planning Commission’s approval of the necessary amendment of the zoning district map(s) establishing a P-D District. In taking this action, the Planning Commission may deny the preliminary development plan as submitted and the establishment of a P-D District, or may recommend approval of said plan and the establishment of a P-D District, subject to specified amendments or conditions. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
Approval by the City Council of the preliminary development plan in accordance with the amendment procedures of this title shall constitute the City Council’s approval of the necessary amendment of the zoning district map(s) establishing a P-D District. Alternatively, concurrent with, or subsequent to the adoption of a specific plan, a portion of or all of the specific plan area may be zoned P-D in lieu of adoption of a preliminary plan and the specific plan shall serve as the preliminary plan. (Ord. 1030 § 2(12), 2018; Ord. 929 § 58, 2004; Ord. 463 § 1 (part), 1973)
The applicant shall submit the precise development plan and supporting evidence and documents for review and approval by the Planning Commission and the City Council. Said precise development plan shall be in substantial conformance with the approved preliminary development plan or adopted specific plan covering the property.
The precise development plan and supporting material shall have been prepared and endorsed by a qualified professional team, which shall include the following persons as determined appropriate by the Planning Commission: Urban planner, licensed architect, licensed land surveyor, registered civil engineer and registered landscape architect, and shall include the following:
A. A topographic map of the subject property or properties, prepared by a registered civil engineer or licensed land surveyor, including metes and bounds description(s), and showing in accurate detail the topography, existing buildings and existing land features and trees;
B. A site plan, showing in detail the design and location of all functional use areas, such as parking areas, planting areas, recreation areas, parks, open space, plazas; showing auto, bicycle and pedestrian circulation; and showing buildings and their relationship to said functional areas and circulation;
C. A tabulation of the total land area and percent thereof designated for various uses;
D. The number and type of dwelling units and tabulation of residential densities and estimated residential population by type of dwelling unit;
E. Tabulation of floor areas and uses of nonresidential buildings;
F. Building plans, including floor plans and exterior elevations;
G. Landscape plan showing type of ground surfacing, walls, fences, shelters and the details thereof;
H. Planting plan showing location, number and name of all trees, shrubs and ground covers;
I. Construction plans of on-site grading and drainage;
J. Plans for the location, grades, widths and types of improvements proposed for all on- and off-site streets, driveways, parking areas, pedestrian ways, bicycle paths and utilities;
K. As a prerequisite to the establishment of fire zone(s) by the City Council, the applicant shall provide the information necessary for evaluation and assignment of fire zone designations, including proposed use and occupancy, type of construction, building height and area of each building or structure, and proposed distances between buildings and structures and distances to property lines shall be submitted in the precise development plan;
L. In addition, the precise development plan shall be accompanied by:
1. Statement indicating the phases of construction proposed for the entire development and the timing of each phase,
2. Statement of provisions for ultimate ownership of all parts of development including streets, structures and open spaces including suitable deed covenants providing for continuing use of property for local open space purposes,
3. Statement of ultimate holding of multiple residential units (i.e., as apartment units or as condominium units),
4. A copy of an agreement whereby, in consideration of the acceptance by the Council of the streets, alleys, pedestrian ways, drainage channels, easements and other rights-of-way offered for dedication, the applicant agrees to complete the required public improvements specified in said agreements, within the time period specified therein. The agreement may provide for the improvements to be installed in phases, and for extensions of time under specified conditions. The agreement shall provide for a security deposit of cash or negotiable bonds or a corporate surety bond approved by the Council, of sufficient amount to cover the costs of all required public improvements not completed, such security to be deposited at the time or times specified in the agreement,
5. Any additional drawings or information as may be required by the Planning Commission.
M. The Community Development Director may waive any of the above required informational items, maps, drawings, etc., if, in their opinion, they are unnecessary or unreasonable under the circumstances.
When the precise development plan calls for development to be done in two (2) or more phases as provided in subsection (L)(1) of this section, the applicant shall submit the information requested in subsections (A) through (L) inclusive of this section for the first phase, except as may be waived under subsection (M) of this section. At that time the following information shall also be submitted for the second and subsequent phases: the information requested in subsections (A) through (D) and (I) through (L) of this section except as waived under subsection (M) of this section; the provision of information requested in subsections (E) through (H) of this section is optional. Review and approval by the Planning Commission and City Council of the information requested in subsections (E) through (H) of this section will be done prior to time of construction of each phase as specified in subsection (L)(1) of this section. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 929 § 59, 2004; Ord. 504 § 3, 1974; Ord. 463 § 1 (part), 1973)
The development of condominiums must follow the standards and regulations of Larkspur Municipal Code Chapter 18.38. Further, the conversion of existing residential real property to a condominium project, community apartment project, or stock cooperative requires the approval of a use permit under Larkspur Municipal Code Section 18.38.070 et seq. (Ord. 1030 § 2(12), 2018; Ord. 667 § 13, 1981)
Application for preliminary plan approval, precise plan approval and precise plan modification shall be accompanied by fees in the amounts established by City Council resolution. (Ord. 1030 § 2(12), 2018; Ord. 585 § 5, 1977; Ord. 463 § 1 (part), 1973)
Approval by the Planning Commission of the precise development plan, in accordance with the amendment procedures required by this title, shall constitute the Planning Commission’s approval of the necessary amendment of the zoning district map(s) previously establishing the P-D District. In taking this action, the Planning Commission may deny the precise development plan as submitted or may recommend approval of said plan subject to specified amendments or conditions. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
Approval by the City Council of the precise development plan in accordance with the amendment procedures of this title shall constitute the City Council’s approval of the necessary amendments to the zoning district map(s) and the precise development plan shall, by reference, be incorporated into and become a part of the ordinance previously establishing the P-D District. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
The precise development plan may be modified by submitting a request for such modification according to the same procedures as are required in the initial review and approval process, including public hearings by the Planning Commission and the City Council.
The departures from standards ordinarily required in other districts, and permitted in the initial approval of a P-D District, shall not be considered as precedent setting or as a lone compelling reason for approving the modification. (Ord. 1030 § 2(12), 2018; Ord. 463 § 1 (part), 1973)
If, within two (2) years after the establishment of a P-D District and the approval of the preliminary development plan by the City Council, the precise development plan has not been submitted in the required form to the City for approval, the Planning Commission may review with the applicant(s) the reasons for not submitting the precise development plan, 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.
Furthermore, if, within three (3) years after the approval of a precise development plan by the City Council, the construction specified in the precise 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 precise development plan 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(59), 2007; Ord. 929 § 60, 2004; Ord. 463 § 1 (part), 1973)
The provisions of Larkspur Municipal Code Chapter 18.14, Circulation Assessment Permit, are applicable to properties in this zoning district. (Ord. 1030 § 2(12), 2018; Ord. 737 § 16, 1986)