Review
A. The key design goals of the City include:
1. Maintaining a proper balance between manmade features and the natural environment. The location, design, material and color of manmade development should harmonize and be compatible with the natural setting.
2. Preserving the unique character of Larkspur neighborhoods and commercial areas.
3. Promoting new construction that is in harmony with the physical characteristics of the site and compatible with existing residential neighborhoods and commercial areas.
4. Fostering consideration of neighbors’ concerns with respect to privacy, scale and massing, solar access, and streetscape.
B. It is in the public interest in order to promote and protect the safety, convenience, comfort, prosperity and general welfare of the citizens of this City and to preserve and to enhance the social, economic and visual values in the City that we:
1. Preserve and enhance the natural beauties of the land and of the manmade environment, and the enjoyment thereof.
2. Maintain and improve the qualities of and relationships between individual buildings, structures and physical developments in such manner as to contribute best to the amenities and attractiveness of the City.
3. Protect and ensure the adequacy and usefulness of public and private developments as they relate to the site, each other, and to the neighborhood.
4. Give guidance to the functioning, appearance and location of buildings and improvements so as to maintain and enhance a balance between private prerogatives and preferences and the public safety and welfare.
C. In order to reduce energy use and greenhouse gas emissions that contribute to global climate change, it is necessary for the City of Larkspur to ensure that site planning, building design, and construction practices promote resource conservation through climate-responsive design, use of renewable energy and resources, and green building techniques.
D. It is further necessary and essential to a rational and continued improvement of our City that we prevent the erosion of beauty and decay of environmental amenities by:
1. Stimulating creative design for individual buildings, groups of buildings and structures, and other physical developments.
2. Encouraging the innovative use of materials, methods and techniques.
3. Preserving balance and harmony within neighborhoods.
E. In furtherance of these purposes and objectives, the review and approval of certain plans for the physical development of land or structures are required and shall be designated as “design review.” (Ord. 1030 § 2(12), 2018; Ord. 956 § 2(1), 2007; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
A. Except as noted below, any site or building development or modification requiring a discretionary land use permit or a building permit shall be subject to the requirements of this chapter. For purposes of this chapter, “story” shall not include basement or cellar areas that are fifty (50) percent or more below grade on all sides.
B. Exemptions to this chapter include:
1. New single-story single-family detached dwellings or single-story duplexes, which conform to all standards of the applicable zoning district, do not require any discretionary land use permits and do not extend more than twenty (20) feet above grade as measured in conformance with Larkspur Municipal Code Section 18.08.295.
2. Ground-level single-story additions to existing single-family detached dwellings and duplexes, which conform to all standards of the applicable zoning district, do not require any discretionary land use permits and do not extend more than twenty (20) feet above grade when measured in conformance with Larkspur Municipal Code Section 18.08.295.
3. Accessory structures, which have a gross floor area of four hundred (400) square feet or less, conform to all standards of the applicable zoning district, and do not require any discretionary land use permits.
4. Roof-mounted solar panels that do not extend more than three (3) feet above the roofline of the structure on which they are mounted.
5. Properties located within a specific plan area, planned unit or Planned Development District, or master residential plan for which design review approval or design guidelines have been previously approved by the Planning Commission or City Council that provide exemptions from this chapter shall be subject to the requirements of the design criteria and procedures, if any, established for those districts or areas.
6. Work which has been determined by the Community Development Director to be minor or incidental within the intent and objectives of this chapter, except for minor or incidental changes to historic structures (i.e., buildings situated on property zoned H, Combining Heritage Preservation District, or listed on the National Register or Larkspur’s Inventory of Historic Resources), which shall be reviewed by the Zoning Administrator in accordance with subsection (B) of this section.
7. Maintenance, repair or reconstruction of a structure pursuant to Larkspur Municipal Code Chapter 18.68.
8. Attached or detached accessory dwelling units unless design review is required under Larkspur Municipal Code Chapter 18.23. (Ord. 1062 § 14, 2022; Ord. 1051 § 5, 2020; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(73, 74, 75), 2007; Ord. 933 § 4, 2004; Ord. 857 § 4 (part), 1993; Ord. 667 §§ 4, 5, 1981; Ord. 592 § 3, 1978; Ord. 448 § 1 (part), 1973)
A. Projects that require design review approval by the Zoning Administrator include:
1. Second story additions, not to exceed three hundred (300) square feet in floor area, to an existing second floor of a two-story single-family or duplex residence.
2. Attached additions to, or detached accessory structures on, existing single-family or duplex property, which require a floor area ratio exception permit from the Larkspur Zoning Administrator pursuant to Larkspur Municipal Code Section 18.35.060.
3. Modification of an existing second story roofline where no new floor area is created.
4. Accessory structures that have a gross floor area greater than four hundred (400) square feet, and for which no discretionary land use permit is required.
5. Detached garages or carports located within the required front yard pursuant to Larkspur Municipal Code Sections 18.20.070(A), 18.28.070(A), or 18.32.070(A).
6. Minor modifications to a commercial, office or industrial building, or any portion thereof, including but not limited to individual retail storefronts where no addition is proposed.
7. Projects involving new construction or changes to an existing structure for which a discretionary land use permit from the Zoning Administrator is required pursuant to Larkspur Municipal Code Section 18.06.020.
8. Roof-mounted solar panels that extend more than three (3) feet above the roofline of the structure on which they are mounted, and ground-mounted solar panels or equipment that do not meet the setback and/or screening requirements in Larkspur Municipal Code Section 18.16.225(B)(2).
9. Minor changes to the exterior of historic structures (i.e., buildings situated on property zoned H, Combining Heritage Preservation District, or listed on the National Register or Larkspur’s Inventory of Historic Resources) such as, but not limited to, replacing windows, doors, molding, or siding, or changes in materials that do not significantly affect the historic or architectural character of the property based on the nature of the change, and, if necessary, a review by Larkspur’s Historic Preservation Consultant.
10. Any project not specifically exempted under Larkspur Municipal Code Section 18.64.020 or listed under this section which the Community Development Director determines shall be heard by the Zoning Administrator. (Ord. 1062 § 14, 2022; Ord. 1051 § 5, 2020)
A. Projects that require design review approval by the Planning Commission include:
1. Any new or reconstructed single-family detached dwellings or duplexes which are two (2) story or exceed twenty (20) feet in height when measured in conformance with Larkspur Municipal Code Section 18.08.295.
2. Addition of a new second story of any size on an existing single-story residence.
3. Second story additions of three hundred and one (301) square feet or more to existing two (2) story single-family dwellings or duplexes.
4. Attached additions to, or a detached accessory structure on, existing single-family or duplex property, which also requires a Floor Area Ratio Exception permit from the Larkspur Planning Commission pursuant to Larkspur Municipal Code Section 18.35.060.
5. Any multifamily residence, structure or combination of residences.
6. Any addition to, or exterior alteration of, an existing multifamily residence, grouping of residential structures, or combination of residences.
7. Any business or professional office, commercial, or industrial building and structure.
8. Any addition to, or exterior alteration of, existing business and professional offices, commercial or industrial buildings and associated structures.
9. Any proposed public or private assembly building and structure.
10. Sign programs (as provided in Larkspur Municipal Code Chapter 18.60).
11. Major changes to the exterior of historic structures (i.e., buildings situated on property zoned H, Combining Heritage Preservation District, or listed on the National Register or Larkspur’s Inventory of Historic Resources) that do not qualify as minor under Larkspur Municipal Code Section 18.64.025(A), including projects where only a building or demolition permit is required. Said changes shall include but are not limited to replacing windows, doors, molding, siding, changes in materials or any changes deemed by the Community Development Director or Larkspur’s Historic Preservation Consultant to significantly affect the historic or architectural character of the property.
12. Projects involving new construction or changes to an existing structure for which a discretionary land use permit from the Planning Commission is required pursuant to this title.
13. Any project not specifically exempted under Larkspur Municipal Code Section 18.64.020 or listed under Larkspur Municipal Code Section 18.64.025 which the Community Development Director determines shall be heard by the Planning Commission. (Ord. 1062 § 14, 2022; Ord. 1051 § 5, 2020)
Hearings before the Planning Commission or Zoning Administrator on design review applications shall be noticed as follows:
A. Notice of the hearing shall be made by mail to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.
B. Notice of the hearing shall also be made by posting a notice on the property in question and on three (3) public noticing boards in the City of Larkspur. (Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 857 § 4 (part), 1993; Ord. 722 § 1, 1985)
A. The required information shall be submitted on approved forms provided by the City.
B. All plans shall be drawn to scale and accurately dimensioned.
C. Plans showing proposed and existing physical improvements and features shall show the following unless not relevant, as determined by the Community Development Director:
1. The plans shall show the location of all adjoining streets including pavement, curb and sidewalk; and on contiguous lots, the location of principal and accessory buildings, curb cuts, driveways, elevation and grade of driveways regarding applicant’s lot, parking and loading areas.
2. Plans showing elevations and exterior materials for all sides of the development shall be prepared. In case the exterior of an existing building is to be changed, the proposed and existing elevations of such buildings shall be shown. In case an addition to an existing building is proposed, the elevations of existing buildings shall be shown together with those of the addition. Exterior materials and colors of all proposed and existing buildings shall be described. The elevations shall also show all superstructures and equipment above the roof. Color samples and samples of materials shall be submitted when requested.
3. Topographic plan showing all existing and proposed grades.
4. Floor and roof plans showing all proposed structures drawn to scale and all structures and/or walls to be demolished.
5. Grading plans showing existing and proposed contours, at intervals adequate to show the extent of cut, fill, the height of banks, the treatment of those banks for erosion control, steps and all retaining walls. (As a guideline, one-foot intervals on relatively flat lands and five-foot intervals on steep areas are suggested.)
6. Parking, loading and circulation plan showing the location of all driveways, bicycle paths, pedestrian walks, public access to and/or along waterways, shorelines and other open spaces, off-street parking and off-street loading areas, the location of each parking space and each loading berth, and areas for turning and maneuvering vehicles.
7. Existing trees and foliage showing location, type and approximate size of all trees whose trunks exceed a diameter of sixteen (16) inches at a point twenty-four (24) inches above the ground level at the base of the tree, or where the trunk is less than sixteen (16) inches but more than eight (8) inches and the height exceeds thirty (30) feet; all bushes extending from a single root that exceed both a height and diameter of ten (10) feet; and all hedges that exceed a height of five (5) feet and length of fifteen (15) feet. Any of the above that are proposed to be removed are to be so designated.
8. Landscape plan showing the location and dimensions of all planted areas, all sprinkler pipes and heads, all lights or other utilities or structures if within planted areas; and the size, location (center spacing) and type of all trees, plants, boulders and other landscape material (rock, gravel, lava stone, etc.) or proposed landscape structures (arbors, trellises, alcoves, benches, etc.) that exist and are to remain.
9. Exterior lighting plan showing all lights, the elevation of the light, total height of light standard, if any, style, appearance, color, direction and intensity at the property boundaries.
10. Drainage facilities and utility connections showing the locations and dimensions of principal elevations of such facilities and connections.
11. Site photographic prints showing site and adjacent properties. For development in excess of forty (40) feet in height or for developments on sites greater than ten (10) acres, five (5) aerial photographic prints shall be submitted to clearly show views of the property from the four (4) major quadrants of the compass and one plan view of the property. A sixth photographic print shall have superimposed on it a perspective sketch to the scale of the photograph showing the proposed development.
D. The following items may be required at the discretion of staff or the Planning Commission:
1. Story poles at building corners and highest portion of the roof to indicate height and elevation of the proposed building.
2. String line outline of proposed building foundation.
3. Scale or computer generated model of proposed building.
4. Any additional information required by staff or the Planning Commission.
E. Green Building Documentation. For projects subject to the requirements of the California Green Building Standards (CALGreen) Code and Larkspur Municipal Code Chapter 15.17, the applicant shall submit architectural drawings and documentation of sufficient clarity and detail to indicate the location, nature and scope of the proposed green building features/measures to be taken and show that they will comply with the requirements of the applicable green building codes. This documentation shall include:
1. Applicable green building project checklist; and
2. Applicable green building worksheet with an analysis of each credit claimed; and
3. Any other documentation that may be necessary to demonstrate compliance with the requirements of the California Green Building Standards (CALGreen) Code and Larkspur Municipal Code Chapter 15.17.
F. For projects subject to Larkspur Municipal Code Section 9.11.110, the applicant shall submit a Stormwater Control Plan that includes drawings of sufficient clarity and detail to indicate the location, nature and scope of the proposed stormwater controls. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 1005 § 11, 2015; Ord. 977 § 1(7), 2011; Ord. 956 § 2(2), 2007; Ord. 945 § 2, 2004; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
Review shall be guided by the following criteria, as may be applicable to each application, for the purpose of assuring that with regard to buildings, structures and physical improvements each proposed development shall accomplish the purposes set forth in Larkspur Municipal Code Section 18.64.010.
A. Competent Design. Development has been designed by and bears the signature of a person who under the building code has been designated as legally competent to submit such development proposal. The overall design may be directed towards buildings of any architectural characteristic; however, there must be a consistent organization of materials and openings, and a harmonious relationship of major elements; decorative parts must relate to the character of the design.
B. Preservation of Natural Landscape. The structure and/or addition shall be designed in a manner such that impacts to any environmental features on or near the lot, including but not limited to stream courses, marshlands, prominent trees and landforms, etc., are minimized to the greatest extent possible. Grade changes shall be minimized and shall be in keeping with the general appearance of neighboring developed areas. Open areas shall be preserved to the extent practicable. Overall, the extent of the improvements shall be compatible with the topographical and geologic constraints imposed by the site.
C. Relationship Between Structures Within the Development and Between Structures and the Site. There shall be a harmonious and pleasing relationship between the various structures of the development on the site and between the structures and the site itself. The proposed structures should be designed to fit the site and not vice versa.
D. Relationship Between Development and Neighborhood. Proposed structures and site development shall be related harmoniously and have good space relationship to the terrain and to existing structures and development in the vicinity. The design shall show that due regard has been given to orientation of structures to streets, climatic considerations and, especially, the creation and utilization of vistas and open space.
E. Materials and Colors for Multiple-Unit Residential, Mixed-Use, or Nonresidential Construction. Soft and muted colors similar to earth tone and natural materials are preferred and generally should predominate. Other colors and materials are acceptable if they are appropriate for and compatible with the neighborhood or commercial area in which a project is proposed.
1. Earth tone colors are considered to be various shades of reddish-brown, brown, tan, ochre, umber, gold, sand, green, white and gray. The following are ordinarily not considered appropriate as predominant colors: bright blue, bright yellow, bright orange, bright violet, bright magenta, bright green or metallic finishes.
2. Natural materials include adobe, slump block, brick, stone, stucco, wood and clay tile roofs.
3. Glazing. Glare-reducing and color-harmonizing finishes may be required on glass surfaces, when such surfaces are exposed to the direct rays of the sun for any substantial part of the day. Opaque treatment is to be used where glass surfaces would otherwise permit a view of pipes, utilities and other service units. Reflective glass shall be avoided.
4. Roofs (including equipment, but excluding skylights) are to be composed of earth tone or wood tone matte finishes that minimize reflectivity.
5. Metal Buildings or Finishes. Unpainted metal, galvanized metal or metal subject to ordinary rusting may not be used. Metals that develop an attractive oxidized finish may be used; copper or weathering steel are examples of such materials.
6. Concrete surfaces which are exposed to view must be colored, textured, sculptured, patterned and/or serve a design function as opposed to a mere structural function.
F. Materials and Colors for Single-Family and Duplex Construction. Materials and colors should be appropriate to the house style and character and compatible with the site and character of the neighborhood. Highly reflective surfaces should be avoided.
G. Walls, Fences and Screening. Walls, fences or screening shall be employed in a skillful manner and in harmony with the design of the development to conceal and to screen parking and loading areas, garbage and refuse collection areas and mechanical equipment from public view from adjoining streets, from persons residing on or working in the development or from persons residing or working in the neighborhood. Retaining walls that are part of a structure should be concealed by and integral to the proposed structure. Large retaining walls in a uniform plane should be avoided; height and visual impact should be minimized.
H. Driveways, Parking and Circulation, and Pathways for Vehicular, Bicycle and Pedestrian Circulation Use, Both Exterior and Interior. Special attention shall be given to (1) the location and number of access points to the public streets, waterways, shorelines and open space areas, (2) general interior circulation, (3) separation of pedestrian from vehicular traffic, and (4) arrangement of parking areas that are safe and convenient insofar as practical. Such facilities should not detract from the design of the proposed building and structures or from adjoining or neighboring properties. Due consideration must be given to the effect of the development on adjoining sites and properties and to the loading capacities of adjoining streets.
I. Fire Safety. Proposed structures and site development shall be designed in accordance with any recommendations of the Fire Chief and the City’s adopted Fire Safety Hillside Development Standards, if applicable.
J. Garbage and Refuse Collection Areas. Garbage and refuse collection areas shall be of adequate size and located in areas convenient both to users and to persons who make collections. Utility service meters shall be appropriately screened from view of adjacent properties and the street.
K. Signs. Signs shall be so designed as to be skillfully integrated into the development and not detract from the overall appearance of the project or of surrounding areas or developments.
L. Lighting. Exterior light sources shall not create a glare or hazard on adjoining streets or be annoying to adjacent properties or residential areas. The location of lights and electric conduits in landscaped areas shall be coordinated with the landscaping and irrigation plans.
M. Landscaping. Landscaping shall be well designed with appropriate variations and shall be included as an integral enhancement of the site and, where needed, for the purposes of screening. Plant materials shall be suitable for the functions to be served. Irrigation systems may be required, and their location shall be coordinated with the plan for the location of plants. All landscaping shall be maintained in good condition and any dead or dying plants, bushes or trees shall be replaced with new healthy stock as appropriate.
N. Construction. Temporary construction visual, noise and air pollution shall be minimized through retention of natural vegetation, rock formations and topography until applicant is prepared, once grading starts, to continue immediately with the construction applied for through to completion as one continuous process. The period of construction shall be of a duration reasonable to the size and complexity of the development. During grading, dust prevention must be emphasized to avoid unnecessary annoyance to persons living or working in the area.
O. Historic Preservation. For properties zoned H (Combining Heritage Preservation District) or identified on the City’s local listing of historic structures, as approved by the City Council, the following additional criteria shall apply:
1. Conformance to the standards listed in Larkspur Municipal Code Section 18.19.040(A);
2. Conformance to the historic preservation design guidelines, as adopted by City Council resolution.
P. Repealed by Ord. 984.
Q. Green Building. The project incorporates sufficient green building measures to meet or exceed the minimum requirements of the applicable state and local green building regulations as set forth by the California Green Building Standards (CALGreen) Code and Larkspur Municipal Code Chapter 15.17. (Ord. 1030 § 2(12), 2018; Ord. 984 § 1, 2012; Ord. 977 § 1(8), 2011; Ord. 956 § 2(3), 2007; Ord. 945 §§ 3, 4, 2004; Ord. 933 § 4, 2004; Ord. 929 § 64, 2004; Ord. 857 § 4 (part), 1993; Ord. 841 § 4, 1993; Ord. 592 § 4, 1978; Ord. 448 § 1 (part), 1973)
The Planning Commission or Zoning Administrator may grant approval or conditional approval of projects subject to the following affirmative findings:
A. Criteria. The proposed structure or alteration is substantially in conformance with Larkspur Municipal Code Section 18.64.050, Criteria for Approval of Applications.
B. Compatibility with Neighbors. The height, elevations, and placement on the site of the proposed structure or addition are compatible with the prevailing neighborhood character and scale and with the existing pattern of development in the neighborhood and/or commercial area. Further, the proposed structure or addition avoids significant and unreasonable loss or interference with privacy, light, solar access, and prominent scenic views (i.e., views of hillsides, Mt. Tamalpais, and San Francisco Bay from primary living areas).
C. Bulk. The orientation and scale of the proposed structure or addition in relation to the immediate neighborhood minimizes the perception of excessive bulk. The proposed structure or addition employs architectural features and details, which minimize, rather than accentuate, the prominence of the structure.
D. Overall Design. Architectural features of multiple structures, additions, or design elements combine together in an attractive and visually cohesive manner. Further, the overall composition of the proposed structure or addition is compatible with and complements the historic, architectural, and/or aesthetic character of the neighborhood or commercial area. These considerations include, but are not limited to, the structure’s architectural style, size, design quality, use of building materials, and similar elements (e.g., relative to residential development, garage location, garage doors (number and size), window styles, front porches or entry stoops).
E. Other Plans and Regulations. The project is consistent with any applicable specific, area, or precise plans and conforms to the standards and regulations of all applicable provisions of the Larkspur Municipal Code.
F. Public Health, Safety and Welfare. The location, size, design, and characteristics of the proposed structure(s) are compatible with and will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project. This includes the layout of the structures, parking, circulation, pathways, landscaping, and other amenities proposed for the site.
G. Green Building. The project design includes features that foster renewable energy and/or resource conservation, and the overall project (i.e., site design, building construction, energy efficiency, and waste reduction) meets or exceeds the applicable compliance threshold for green building as set forth by the California Green Building Standards (CALGreen) Code and/or Larkspur Municipal Code Chapter 15.17. (Ord. 1030 § 2(12), 2018; Ord. 977 § 1(9), 2011; Ord. 956 § 2(4), 2007; Ord. 953 § 1(76), 2007; Ord. 945 § 5, 2004; Ord. 933 § 4, 2004; Ord. 929 § 65, 2004)
A. The Planning Commission shall take one of the following actions: approve, approve with modifications, conditionally approve or disapprove an application for environmental and design review. The action of the Commission shall be final unless appealed to the City Council as provided for in Larkspur Municipal Code Chapter 2.50. Zoning Administrator review shall be pursuant to Larkspur Municipal Code Chapter 18.06.
B. The Commission or Zoning Administrator may require that the applicant post a bond to guarantee performance, which shall be in such amount as the Commission may fix and under such terms as the board may require.
C. An approved application, and all other related and approved maps, drawings and other supporting materials constituting a part of the approved application, shall be so endorsed by the Community Development Director or their authorized representative.
D. The Building Inspector shall review construction drawings, final plans and other similar documents for compliance with the approved design review, any conditions attached thereto, or any approved or required modifications thereof. The Inspector shall, when performing building inspections on the site, also inspect for compliance with design review requirements; and promptly shall report to the Community Development Director any deviations therefrom, either in the plans or on the site. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 857 § 4 (part), 1993; Ord. 796 § 1, 1989; Ord. 448 § 1 (part), 1973)
Dedication, relocation, installation and/or improvement of rights-of-way may be required where essential to prevent congestion and/or hazards which may result from the use of land proposed. (Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
A. In addition to any other fines, penalties or enforcement provision set forth in this code, failure to comply in any respect with an approved design review application shall constitute grounds for the immediate stoppage of the work involved in the noncompliance.
B. An occupancy permit shall not be issued in part or whole for any building or group of buildings subject to design review unless and until the work specified in the design review approval has been completed, including landscaping. If for any valid reason full compliance cannot be made, a cash bond may be posted for the work to be completed within a reasonable period of time as determined by the Community Development Director or their authorized representative. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
Design review permits shall expire in two (2) years. Prior to the expiration of a design review approval, the applicant may apply to the Community Development Director for an extension of not more than one year from the original date of expiration. The Community Development Director shall grant the extension if they find that there has been no change in the factual circumstances surrounding the originally approved design. Any further extensions beyond one year shall require Commission approval. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
Applications for design review shall be made to the Commission or to the Zoning Administrator on forms provided, together with the required fee. A schedule of applicable fees shall be determined by resolution of the Council. (Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
Review
A. The key design goals of the City include:
1. Maintaining a proper balance between manmade features and the natural environment. The location, design, material and color of manmade development should harmonize and be compatible with the natural setting.
2. Preserving the unique character of Larkspur neighborhoods and commercial areas.
3. Promoting new construction that is in harmony with the physical characteristics of the site and compatible with existing residential neighborhoods and commercial areas.
4. Fostering consideration of neighbors’ concerns with respect to privacy, scale and massing, solar access, and streetscape.
B. It is in the public interest in order to promote and protect the safety, convenience, comfort, prosperity and general welfare of the citizens of this City and to preserve and to enhance the social, economic and visual values in the City that we:
1. Preserve and enhance the natural beauties of the land and of the manmade environment, and the enjoyment thereof.
2. Maintain and improve the qualities of and relationships between individual buildings, structures and physical developments in such manner as to contribute best to the amenities and attractiveness of the City.
3. Protect and ensure the adequacy and usefulness of public and private developments as they relate to the site, each other, and to the neighborhood.
4. Give guidance to the functioning, appearance and location of buildings and improvements so as to maintain and enhance a balance between private prerogatives and preferences and the public safety and welfare.
C. In order to reduce energy use and greenhouse gas emissions that contribute to global climate change, it is necessary for the City of Larkspur to ensure that site planning, building design, and construction practices promote resource conservation through climate-responsive design, use of renewable energy and resources, and green building techniques.
D. It is further necessary and essential to a rational and continued improvement of our City that we prevent the erosion of beauty and decay of environmental amenities by:
1. Stimulating creative design for individual buildings, groups of buildings and structures, and other physical developments.
2. Encouraging the innovative use of materials, methods and techniques.
3. Preserving balance and harmony within neighborhoods.
E. In furtherance of these purposes and objectives, the review and approval of certain plans for the physical development of land or structures are required and shall be designated as “design review.” (Ord. 1030 § 2(12), 2018; Ord. 956 § 2(1), 2007; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
A. Except as noted below, any site or building development or modification requiring a discretionary land use permit or a building permit shall be subject to the requirements of this chapter. For purposes of this chapter, “story” shall not include basement or cellar areas that are fifty (50) percent or more below grade on all sides.
B. Exemptions to this chapter include:
1. New single-story single-family detached dwellings or single-story duplexes, which conform to all standards of the applicable zoning district, do not require any discretionary land use permits and do not extend more than twenty (20) feet above grade as measured in conformance with Larkspur Municipal Code Section 18.08.295.
2. Ground-level single-story additions to existing single-family detached dwellings and duplexes, which conform to all standards of the applicable zoning district, do not require any discretionary land use permits and do not extend more than twenty (20) feet above grade when measured in conformance with Larkspur Municipal Code Section 18.08.295.
3. Accessory structures, which have a gross floor area of four hundred (400) square feet or less, conform to all standards of the applicable zoning district, and do not require any discretionary land use permits.
4. Roof-mounted solar panels that do not extend more than three (3) feet above the roofline of the structure on which they are mounted.
5. Properties located within a specific plan area, planned unit or Planned Development District, or master residential plan for which design review approval or design guidelines have been previously approved by the Planning Commission or City Council that provide exemptions from this chapter shall be subject to the requirements of the design criteria and procedures, if any, established for those districts or areas.
6. Work which has been determined by the Community Development Director to be minor or incidental within the intent and objectives of this chapter, except for minor or incidental changes to historic structures (i.e., buildings situated on property zoned H, Combining Heritage Preservation District, or listed on the National Register or Larkspur’s Inventory of Historic Resources), which shall be reviewed by the Zoning Administrator in accordance with subsection (B) of this section.
7. Maintenance, repair or reconstruction of a structure pursuant to Larkspur Municipal Code Chapter 18.68.
8. Attached or detached accessory dwelling units unless design review is required under Larkspur Municipal Code Chapter 18.23. (Ord. 1062 § 14, 2022; Ord. 1051 § 5, 2020; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(73, 74, 75), 2007; Ord. 933 § 4, 2004; Ord. 857 § 4 (part), 1993; Ord. 667 §§ 4, 5, 1981; Ord. 592 § 3, 1978; Ord. 448 § 1 (part), 1973)
A. Projects that require design review approval by the Zoning Administrator include:
1. Second story additions, not to exceed three hundred (300) square feet in floor area, to an existing second floor of a two-story single-family or duplex residence.
2. Attached additions to, or detached accessory structures on, existing single-family or duplex property, which require a floor area ratio exception permit from the Larkspur Zoning Administrator pursuant to Larkspur Municipal Code Section 18.35.060.
3. Modification of an existing second story roofline where no new floor area is created.
4. Accessory structures that have a gross floor area greater than four hundred (400) square feet, and for which no discretionary land use permit is required.
5. Detached garages or carports located within the required front yard pursuant to Larkspur Municipal Code Sections 18.20.070(A), 18.28.070(A), or 18.32.070(A).
6. Minor modifications to a commercial, office or industrial building, or any portion thereof, including but not limited to individual retail storefronts where no addition is proposed.
7. Projects involving new construction or changes to an existing structure for which a discretionary land use permit from the Zoning Administrator is required pursuant to Larkspur Municipal Code Section 18.06.020.
8. Roof-mounted solar panels that extend more than three (3) feet above the roofline of the structure on which they are mounted, and ground-mounted solar panels or equipment that do not meet the setback and/or screening requirements in Larkspur Municipal Code Section 18.16.225(B)(2).
9. Minor changes to the exterior of historic structures (i.e., buildings situated on property zoned H, Combining Heritage Preservation District, or listed on the National Register or Larkspur’s Inventory of Historic Resources) such as, but not limited to, replacing windows, doors, molding, or siding, or changes in materials that do not significantly affect the historic or architectural character of the property based on the nature of the change, and, if necessary, a review by Larkspur’s Historic Preservation Consultant.
10. Any project not specifically exempted under Larkspur Municipal Code Section 18.64.020 or listed under this section which the Community Development Director determines shall be heard by the Zoning Administrator. (Ord. 1062 § 14, 2022; Ord. 1051 § 5, 2020)
A. Projects that require design review approval by the Planning Commission include:
1. Any new or reconstructed single-family detached dwellings or duplexes which are two (2) story or exceed twenty (20) feet in height when measured in conformance with Larkspur Municipal Code Section 18.08.295.
2. Addition of a new second story of any size on an existing single-story residence.
3. Second story additions of three hundred and one (301) square feet or more to existing two (2) story single-family dwellings or duplexes.
4. Attached additions to, or a detached accessory structure on, existing single-family or duplex property, which also requires a Floor Area Ratio Exception permit from the Larkspur Planning Commission pursuant to Larkspur Municipal Code Section 18.35.060.
5. Any multifamily residence, structure or combination of residences.
6. Any addition to, or exterior alteration of, an existing multifamily residence, grouping of residential structures, or combination of residences.
7. Any business or professional office, commercial, or industrial building and structure.
8. Any addition to, or exterior alteration of, existing business and professional offices, commercial or industrial buildings and associated structures.
9. Any proposed public or private assembly building and structure.
10. Sign programs (as provided in Larkspur Municipal Code Chapter 18.60).
11. Major changes to the exterior of historic structures (i.e., buildings situated on property zoned H, Combining Heritage Preservation District, or listed on the National Register or Larkspur’s Inventory of Historic Resources) that do not qualify as minor under Larkspur Municipal Code Section 18.64.025(A), including projects where only a building or demolition permit is required. Said changes shall include but are not limited to replacing windows, doors, molding, siding, changes in materials or any changes deemed by the Community Development Director or Larkspur’s Historic Preservation Consultant to significantly affect the historic or architectural character of the property.
12. Projects involving new construction or changes to an existing structure for which a discretionary land use permit from the Planning Commission is required pursuant to this title.
13. Any project not specifically exempted under Larkspur Municipal Code Section 18.64.020 or listed under Larkspur Municipal Code Section 18.64.025 which the Community Development Director determines shall be heard by the Planning Commission. (Ord. 1062 § 14, 2022; Ord. 1051 § 5, 2020)
Hearings before the Planning Commission or Zoning Administrator on design review applications shall be noticed as follows:
A. Notice of the hearing shall be made by mail to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.
B. Notice of the hearing shall also be made by posting a notice on the property in question and on three (3) public noticing boards in the City of Larkspur. (Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 857 § 4 (part), 1993; Ord. 722 § 1, 1985)
A. The required information shall be submitted on approved forms provided by the City.
B. All plans shall be drawn to scale and accurately dimensioned.
C. Plans showing proposed and existing physical improvements and features shall show the following unless not relevant, as determined by the Community Development Director:
1. The plans shall show the location of all adjoining streets including pavement, curb and sidewalk; and on contiguous lots, the location of principal and accessory buildings, curb cuts, driveways, elevation and grade of driveways regarding applicant’s lot, parking and loading areas.
2. Plans showing elevations and exterior materials for all sides of the development shall be prepared. In case the exterior of an existing building is to be changed, the proposed and existing elevations of such buildings shall be shown. In case an addition to an existing building is proposed, the elevations of existing buildings shall be shown together with those of the addition. Exterior materials and colors of all proposed and existing buildings shall be described. The elevations shall also show all superstructures and equipment above the roof. Color samples and samples of materials shall be submitted when requested.
3. Topographic plan showing all existing and proposed grades.
4. Floor and roof plans showing all proposed structures drawn to scale and all structures and/or walls to be demolished.
5. Grading plans showing existing and proposed contours, at intervals adequate to show the extent of cut, fill, the height of banks, the treatment of those banks for erosion control, steps and all retaining walls. (As a guideline, one-foot intervals on relatively flat lands and five-foot intervals on steep areas are suggested.)
6. Parking, loading and circulation plan showing the location of all driveways, bicycle paths, pedestrian walks, public access to and/or along waterways, shorelines and other open spaces, off-street parking and off-street loading areas, the location of each parking space and each loading berth, and areas for turning and maneuvering vehicles.
7. Existing trees and foliage showing location, type and approximate size of all trees whose trunks exceed a diameter of sixteen (16) inches at a point twenty-four (24) inches above the ground level at the base of the tree, or where the trunk is less than sixteen (16) inches but more than eight (8) inches and the height exceeds thirty (30) feet; all bushes extending from a single root that exceed both a height and diameter of ten (10) feet; and all hedges that exceed a height of five (5) feet and length of fifteen (15) feet. Any of the above that are proposed to be removed are to be so designated.
8. Landscape plan showing the location and dimensions of all planted areas, all sprinkler pipes and heads, all lights or other utilities or structures if within planted areas; and the size, location (center spacing) and type of all trees, plants, boulders and other landscape material (rock, gravel, lava stone, etc.) or proposed landscape structures (arbors, trellises, alcoves, benches, etc.) that exist and are to remain.
9. Exterior lighting plan showing all lights, the elevation of the light, total height of light standard, if any, style, appearance, color, direction and intensity at the property boundaries.
10. Drainage facilities and utility connections showing the locations and dimensions of principal elevations of such facilities and connections.
11. Site photographic prints showing site and adjacent properties. For development in excess of forty (40) feet in height or for developments on sites greater than ten (10) acres, five (5) aerial photographic prints shall be submitted to clearly show views of the property from the four (4) major quadrants of the compass and one plan view of the property. A sixth photographic print shall have superimposed on it a perspective sketch to the scale of the photograph showing the proposed development.
D. The following items may be required at the discretion of staff or the Planning Commission:
1. Story poles at building corners and highest portion of the roof to indicate height and elevation of the proposed building.
2. String line outline of proposed building foundation.
3. Scale or computer generated model of proposed building.
4. Any additional information required by staff or the Planning Commission.
E. Green Building Documentation. For projects subject to the requirements of the California Green Building Standards (CALGreen) Code and Larkspur Municipal Code Chapter 15.17, the applicant shall submit architectural drawings and documentation of sufficient clarity and detail to indicate the location, nature and scope of the proposed green building features/measures to be taken and show that they will comply with the requirements of the applicable green building codes. This documentation shall include:
1. Applicable green building project checklist; and
2. Applicable green building worksheet with an analysis of each credit claimed; and
3. Any other documentation that may be necessary to demonstrate compliance with the requirements of the California Green Building Standards (CALGreen) Code and Larkspur Municipal Code Chapter 15.17.
F. For projects subject to Larkspur Municipal Code Section 9.11.110, the applicant shall submit a Stormwater Control Plan that includes drawings of sufficient clarity and detail to indicate the location, nature and scope of the proposed stormwater controls. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 1005 § 11, 2015; Ord. 977 § 1(7), 2011; Ord. 956 § 2(2), 2007; Ord. 945 § 2, 2004; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
Review shall be guided by the following criteria, as may be applicable to each application, for the purpose of assuring that with regard to buildings, structures and physical improvements each proposed development shall accomplish the purposes set forth in Larkspur Municipal Code Section 18.64.010.
A. Competent Design. Development has been designed by and bears the signature of a person who under the building code has been designated as legally competent to submit such development proposal. The overall design may be directed towards buildings of any architectural characteristic; however, there must be a consistent organization of materials and openings, and a harmonious relationship of major elements; decorative parts must relate to the character of the design.
B. Preservation of Natural Landscape. The structure and/or addition shall be designed in a manner such that impacts to any environmental features on or near the lot, including but not limited to stream courses, marshlands, prominent trees and landforms, etc., are minimized to the greatest extent possible. Grade changes shall be minimized and shall be in keeping with the general appearance of neighboring developed areas. Open areas shall be preserved to the extent practicable. Overall, the extent of the improvements shall be compatible with the topographical and geologic constraints imposed by the site.
C. Relationship Between Structures Within the Development and Between Structures and the Site. There shall be a harmonious and pleasing relationship between the various structures of the development on the site and between the structures and the site itself. The proposed structures should be designed to fit the site and not vice versa.
D. Relationship Between Development and Neighborhood. Proposed structures and site development shall be related harmoniously and have good space relationship to the terrain and to existing structures and development in the vicinity. The design shall show that due regard has been given to orientation of structures to streets, climatic considerations and, especially, the creation and utilization of vistas and open space.
E. Materials and Colors for Multiple-Unit Residential, Mixed-Use, or Nonresidential Construction. Soft and muted colors similar to earth tone and natural materials are preferred and generally should predominate. Other colors and materials are acceptable if they are appropriate for and compatible with the neighborhood or commercial area in which a project is proposed.
1. Earth tone colors are considered to be various shades of reddish-brown, brown, tan, ochre, umber, gold, sand, green, white and gray. The following are ordinarily not considered appropriate as predominant colors: bright blue, bright yellow, bright orange, bright violet, bright magenta, bright green or metallic finishes.
2. Natural materials include adobe, slump block, brick, stone, stucco, wood and clay tile roofs.
3. Glazing. Glare-reducing and color-harmonizing finishes may be required on glass surfaces, when such surfaces are exposed to the direct rays of the sun for any substantial part of the day. Opaque treatment is to be used where glass surfaces would otherwise permit a view of pipes, utilities and other service units. Reflective glass shall be avoided.
4. Roofs (including equipment, but excluding skylights) are to be composed of earth tone or wood tone matte finishes that minimize reflectivity.
5. Metal Buildings or Finishes. Unpainted metal, galvanized metal or metal subject to ordinary rusting may not be used. Metals that develop an attractive oxidized finish may be used; copper or weathering steel are examples of such materials.
6. Concrete surfaces which are exposed to view must be colored, textured, sculptured, patterned and/or serve a design function as opposed to a mere structural function.
F. Materials and Colors for Single-Family and Duplex Construction. Materials and colors should be appropriate to the house style and character and compatible with the site and character of the neighborhood. Highly reflective surfaces should be avoided.
G. Walls, Fences and Screening. Walls, fences or screening shall be employed in a skillful manner and in harmony with the design of the development to conceal and to screen parking and loading areas, garbage and refuse collection areas and mechanical equipment from public view from adjoining streets, from persons residing on or working in the development or from persons residing or working in the neighborhood. Retaining walls that are part of a structure should be concealed by and integral to the proposed structure. Large retaining walls in a uniform plane should be avoided; height and visual impact should be minimized.
H. Driveways, Parking and Circulation, and Pathways for Vehicular, Bicycle and Pedestrian Circulation Use, Both Exterior and Interior. Special attention shall be given to (1) the location and number of access points to the public streets, waterways, shorelines and open space areas, (2) general interior circulation, (3) separation of pedestrian from vehicular traffic, and (4) arrangement of parking areas that are safe and convenient insofar as practical. Such facilities should not detract from the design of the proposed building and structures or from adjoining or neighboring properties. Due consideration must be given to the effect of the development on adjoining sites and properties and to the loading capacities of adjoining streets.
I. Fire Safety. Proposed structures and site development shall be designed in accordance with any recommendations of the Fire Chief and the City’s adopted Fire Safety Hillside Development Standards, if applicable.
J. Garbage and Refuse Collection Areas. Garbage and refuse collection areas shall be of adequate size and located in areas convenient both to users and to persons who make collections. Utility service meters shall be appropriately screened from view of adjacent properties and the street.
K. Signs. Signs shall be so designed as to be skillfully integrated into the development and not detract from the overall appearance of the project or of surrounding areas or developments.
L. Lighting. Exterior light sources shall not create a glare or hazard on adjoining streets or be annoying to adjacent properties or residential areas. The location of lights and electric conduits in landscaped areas shall be coordinated with the landscaping and irrigation plans.
M. Landscaping. Landscaping shall be well designed with appropriate variations and shall be included as an integral enhancement of the site and, where needed, for the purposes of screening. Plant materials shall be suitable for the functions to be served. Irrigation systems may be required, and their location shall be coordinated with the plan for the location of plants. All landscaping shall be maintained in good condition and any dead or dying plants, bushes or trees shall be replaced with new healthy stock as appropriate.
N. Construction. Temporary construction visual, noise and air pollution shall be minimized through retention of natural vegetation, rock formations and topography until applicant is prepared, once grading starts, to continue immediately with the construction applied for through to completion as one continuous process. The period of construction shall be of a duration reasonable to the size and complexity of the development. During grading, dust prevention must be emphasized to avoid unnecessary annoyance to persons living or working in the area.
O. Historic Preservation. For properties zoned H (Combining Heritage Preservation District) or identified on the City’s local listing of historic structures, as approved by the City Council, the following additional criteria shall apply:
1. Conformance to the standards listed in Larkspur Municipal Code Section 18.19.040(A);
2. Conformance to the historic preservation design guidelines, as adopted by City Council resolution.
P. Repealed by Ord. 984.
Q. Green Building. The project incorporates sufficient green building measures to meet or exceed the minimum requirements of the applicable state and local green building regulations as set forth by the California Green Building Standards (CALGreen) Code and Larkspur Municipal Code Chapter 15.17. (Ord. 1030 § 2(12), 2018; Ord. 984 § 1, 2012; Ord. 977 § 1(8), 2011; Ord. 956 § 2(3), 2007; Ord. 945 §§ 3, 4, 2004; Ord. 933 § 4, 2004; Ord. 929 § 64, 2004; Ord. 857 § 4 (part), 1993; Ord. 841 § 4, 1993; Ord. 592 § 4, 1978; Ord. 448 § 1 (part), 1973)
The Planning Commission or Zoning Administrator may grant approval or conditional approval of projects subject to the following affirmative findings:
A. Criteria. The proposed structure or alteration is substantially in conformance with Larkspur Municipal Code Section 18.64.050, Criteria for Approval of Applications.
B. Compatibility with Neighbors. The height, elevations, and placement on the site of the proposed structure or addition are compatible with the prevailing neighborhood character and scale and with the existing pattern of development in the neighborhood and/or commercial area. Further, the proposed structure or addition avoids significant and unreasonable loss or interference with privacy, light, solar access, and prominent scenic views (i.e., views of hillsides, Mt. Tamalpais, and San Francisco Bay from primary living areas).
C. Bulk. The orientation and scale of the proposed structure or addition in relation to the immediate neighborhood minimizes the perception of excessive bulk. The proposed structure or addition employs architectural features and details, which minimize, rather than accentuate, the prominence of the structure.
D. Overall Design. Architectural features of multiple structures, additions, or design elements combine together in an attractive and visually cohesive manner. Further, the overall composition of the proposed structure or addition is compatible with and complements the historic, architectural, and/or aesthetic character of the neighborhood or commercial area. These considerations include, but are not limited to, the structure’s architectural style, size, design quality, use of building materials, and similar elements (e.g., relative to residential development, garage location, garage doors (number and size), window styles, front porches or entry stoops).
E. Other Plans and Regulations. The project is consistent with any applicable specific, area, or precise plans and conforms to the standards and regulations of all applicable provisions of the Larkspur Municipal Code.
F. Public Health, Safety and Welfare. The location, size, design, and characteristics of the proposed structure(s) are compatible with and will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project. This includes the layout of the structures, parking, circulation, pathways, landscaping, and other amenities proposed for the site.
G. Green Building. The project design includes features that foster renewable energy and/or resource conservation, and the overall project (i.e., site design, building construction, energy efficiency, and waste reduction) meets or exceeds the applicable compliance threshold for green building as set forth by the California Green Building Standards (CALGreen) Code and/or Larkspur Municipal Code Chapter 15.17. (Ord. 1030 § 2(12), 2018; Ord. 977 § 1(9), 2011; Ord. 956 § 2(4), 2007; Ord. 953 § 1(76), 2007; Ord. 945 § 5, 2004; Ord. 933 § 4, 2004; Ord. 929 § 65, 2004)
A. The Planning Commission shall take one of the following actions: approve, approve with modifications, conditionally approve or disapprove an application for environmental and design review. The action of the Commission shall be final unless appealed to the City Council as provided for in Larkspur Municipal Code Chapter 2.50. Zoning Administrator review shall be pursuant to Larkspur Municipal Code Chapter 18.06.
B. The Commission or Zoning Administrator may require that the applicant post a bond to guarantee performance, which shall be in such amount as the Commission may fix and under such terms as the board may require.
C. An approved application, and all other related and approved maps, drawings and other supporting materials constituting a part of the approved application, shall be so endorsed by the Community Development Director or their authorized representative.
D. The Building Inspector shall review construction drawings, final plans and other similar documents for compliance with the approved design review, any conditions attached thereto, or any approved or required modifications thereof. The Inspector shall, when performing building inspections on the site, also inspect for compliance with design review requirements; and promptly shall report to the Community Development Director any deviations therefrom, either in the plans or on the site. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 857 § 4 (part), 1993; Ord. 796 § 1, 1989; Ord. 448 § 1 (part), 1973)
Dedication, relocation, installation and/or improvement of rights-of-way may be required where essential to prevent congestion and/or hazards which may result from the use of land proposed. (Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
A. In addition to any other fines, penalties or enforcement provision set forth in this code, failure to comply in any respect with an approved design review application shall constitute grounds for the immediate stoppage of the work involved in the noncompliance.
B. An occupancy permit shall not be issued in part or whole for any building or group of buildings subject to design review unless and until the work specified in the design review approval has been completed, including landscaping. If for any valid reason full compliance cannot be made, a cash bond may be posted for the work to be completed within a reasonable period of time as determined by the Community Development Director or their authorized representative. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
Design review permits shall expire in two (2) years. Prior to the expiration of a design review approval, the applicant may apply to the Community Development Director for an extension of not more than one year from the original date of expiration. The Community Development Director shall grant the extension if they find that there has been no change in the factual circumstances surrounding the originally approved design. Any further extensions beyond one year shall require Commission approval. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)
Applications for design review shall be made to the Commission or to the Zoning Administrator on forms provided, together with the required fee. A schedule of applicable fees shall be determined by resolution of the Council. (Ord. 1030 § 2(12), 2018; Ord. 933 § 4, 2004; Ord. 448 § 1 (part), 1973)