(a)

The site plan standards shall apply to and an approved site plan shall be required for:

(1)

All uses located within the following zone districts:

a.

R-3 - Multi-Family Residential;

b.

B - Business;

c.

C - Commercial;

d.

I - Industrial; and

e.

Corresponding uses within a PD - Planned Development District.

(2)

Uses which are located within any other zone district which are specifically made subject to this Article.

(3)

Each and every change in use or increase in intensity of use.

(b)

No permit shall be issued for the construction of any new building, structure, parking area or loading area within these zone districts without first obtaining approval of a site plan, except as provided in Subsections (e) and (f) below.

(c)

The site plan standards set forth in this Article are in addition to any other development standards which may otherwise be applicable to a particular property or geographic area of the Town. In case of any conflict among applicable standards, the more restrictive standards shall apply.

(d)

The existence of a nonconforming structure, lot or use of a structure, as defined in Article 4 of this Chapter, does not exempt any such structure, lot or use of a structure from the requirements for approval of a site plan pursuant to this Article.

(e)

Existing single-family residences that are continuing as single-family residences are not required to comply with the site plan requirements; however, proposed additions or changes to such a use require submittal of a plot plan for approval by the Town prior to a request for a building permit. No site plan is required for construction within an existing building or structure where such construction does not increase the building footprint, floor area or intensity of the use.

(f)

New single-family residences will need to provide a simplified site plan as specified in Section 16-6-21.

(Ord. No. 3.76, § 1, 7-19-2001; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2022-07, § 1, 6-16-2022)

(a)

Preapplication conference. Prior to the formal submittal of a request for approval of a site plan, an informal preapplication conference shall be held between the applicant and appropriate Town Staff at a time and date mutually agreed upon. The purpose of the preapplication conference is to discuss the procedures and submittal requirements, as well as to identify potential issues and the affected public agencies to be contacted when a formal application is made. At least five days prior to the preapplication conference, the applicant shall submit a sketch plan describing the property and site plan concept, including but not limited to proposed uses and approximate building size. No fee will be charged until the applicant submits a formal application, at which time the applicant will be charged a site plan fee and preapplication review fee.

(b)

Reports and studies. The reports and studies required for a formal application may include, but are not necessarily limited to, the following: drainage plan and study, traffic impact analysis, soil tests and report, geological hazards report, environmental impact analysis, wildlife impact analysis, noise study, lighting plan, electromagnetic or radio frequency analysis and shadow analysis. The intensity or level of detail necessary in any required report or study shall be in proportion to the scale and impact proposed or expected for that item.

(c)

Site plan requirements. Every request for site plan approval shall be accompanied by a completed land use application form, appropriate copies of the site plan (including studies and reports) and the required site plan and preapplication fees. Site plans shall be submitted on 24" x 36" sheets at a scale of 1" = 20' or other scale approved by the Town Planner. The site plan shall contain the following information:

(1)

Date.

(2)

North arrow.

(3)

Written and graphic scale.

(4)

Finished floor elevation related to United States Geological Survey (USGS) datum; all lots shall show grading and drainage with existing grades and contours and finished grades and contours clearly indicated.

(5)

The size and location of all existing and proposed public and private utility and emergency easements or other rights-of-way.

(6)

The building envelope, size, setback dimensions and height of all proposed structures and all existing structures which are to be retained on the site.

(7)

Location, dimensions and names of adjacent streets, and proposed internal streets showing centerline radii and curb return radii. Location and dimensions of bike and pedestrian paths and walkways shall be shown.

(8)

The proposed layout of any parking lot, including location and dimensions of parking spaces, curb islands, internal planters, strips, maneuvering aisles and access driveways with indication of direction of travel.

(9)

Location of all exterior lighting, signage and fencing used to divide properties and to screen mechanical equipment and trash containers.

(10)

Existing specific physical features on the site, including drainage ways, lakes, buildings and structures, with indication as to which are to be retained. Adjacent properties and their physical features within 50 feet of the property line shall be identified, including setback dimensions of adjacent structures.

(11)

The location of all existing trees greater than four-inch caliper and those which are to be retained on the property, the location and dimensions of landscaped areas, location and names of all proposed plant material and ground cover and the location of other pertinent landscape features.

(12)

Location of all existing and proposed recreational amenities, such as open play areas, swimming pools, tennis courts, tot lots and similar facilities.

(13)

Drainage plans in conformity with the Town standards.

(14)

Landscape plan in accordance with the Town standards.

(15)

Legal description of the property.

(16)

Site data in tabular form, including:

a.

Total area of the property (sq. ft.).

b.

Building coverage (sq. ft.).

c.

Parking lot and driveway coverage (sq. ft.).

d.

Parking lot landscape area (sq. ft.).

e.

All other landscape area coverage (sq. ft.).

f.

Number of parking stalls provided.

g.

Number of residential units proposed.

h.

Existing and proposed gross floor area (sq. ft.).

(d)

Additional information. Other information which shall be in written form includes:

(1)

A written narrative describing the proposal in full.

(2)

Statement of existing zoning and intended use of the property.

(3)

Statement of maintenance responsibility for all improvements shown on the plan.

(4)

Impacts to the Town in general and, specifically, the adjoining properties and proposed mitigation of those impacts.

(Ord. No. 3.76, § 1, 7-19-2001; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Preapplication conference. Prior to the formal submittal of a request for approval of a site plan, an informal preapplication conference shall be held between the applicant and appropriate Town Staff at a time and date mutually agreed upon. The purpose of the preapplication conference is to discuss the procedures and submittal requirements, as well as to identify potential issues and the affected public agencies to be contacted when a formal application is made. At least five days prior to the preapplication conference, the applicant shall submit a sketch plan describing the property and site plan concept, including but not limited to proposed uses and approximate building size. No fee will be charged until the applicant submits a formal application, at which time the applicant will be charged a site plan fee and preapplication review fee.

(b)

Reports and studies. The reports and studies required for a formal application must include soils test and report. A drainage plan and study may be required if the Town Engineer deems it necessary due to the location of the property. The intensity or level of detail necessary in any required report or study shall be in proportion to the scale and impact proposed or expected for that item.

(c)

Site plan requirements. Every request for site plan approval shall be accompanied by a completed land use application form, appropriate copies of the simplified site plan (including studies and reports) and the required site plan and preapplication fees. Simplified site plans shall be submitted on 24 inch x 36 inch sheets at a scale of one inch = 20 feet or other scale approved by the Town Staff. The site plan shall contain the following information:

(1)

Date.

(2)

North arrow.

(3)

Written and graphic scale.

(4)

The size and location of all existing and proposed public and private utility and emergency easements or other rights-of-way.

(5)

The building envelope, size, setback dimensions and height of all proposed structures and all existing structures which are to be retained on the site.

(6)

Location, dimensions, and names of adjacent streets, and proposed internal streets showing centerline radii and curb return radii.

(7)

The proposed layout of any driveway.

(8)

Existing specific physical features on the site, including drainage ways, lakes, buildings and structures, with indication as to which are to be retained.

(9)

Location of all existing and proposed recreational amenities, such as open play areas, swimming pools, tennis courts, tot lots and similar facilities.

(10)

Legal description of the property.

(11)

Site data in tabular form, including:

a.

Total area of the property (square feet).

b.

Building coverage (square feet).

c.

Parking lot and driveway coverage (square feet).

d.

Parking lot landscape area (square feet).

e.

All other landscape area coverage (square feet).

f.

Number of parking stalls provided.

g.

Number of residential units proposed.

h.

Existing and proposed gross floor area (square feet).

(d)

Additional information. Other information which shall be in written form includes:

(1)

A written narrative describing the proposal in full.

(2)

Statement of existing zoning and intended use of the property.

(3)

Impacts to the Town in general and, specifically, the adjoining properties and proposed mitigation of those impacts.

(e)

Planning Commission submittal. All plans and additional information submitted and required under Section 16-6-21 shall be made available to the Planning Commission for comment. Planning Commission may, but is not required to, comment on the application or application materials at their next regular or special meeting. If Town Staff has received no comment from the Planning Commission within five business days of the next regular or special meeting, Town Staff shall proceed as if Planning Commission has no concerns with the application.

(f)

Administrative approval. If Town Staff, concludes all the application and site plan requirements of this Section have been satisfactorily complied with, and there is no negative recommendation or conditional approval recommendation from the Planning Commission review, the Town Clerk or their designee may administratively approve the single family simplified site plan application.

(Ord. No. 2022-07, § 2, 6-16-2022)

(a)

Appeal of requirements. The applicant may appeal to the Board of Adjustment for relief from any requirement imposed by the Town Staff that is not specifically identified in this Section. Review by the Board of Adjustment shall be in accordance with Article 3 of this Chapter. Relief must be granted prior to further review and processing of the site plan application. In the event the Board of Adjustment is not fully seated at the time of such appeal, the applicant may appeal to the Planning Commission for recommendation to the Town Council who will render a final decision on the appeal for such requested relief.

(b)

Referral period. The site plan will be referred to appropriate outside agencies for comment. The referral period shall be not longer than 30 days. If no response is received from a referral agency within said 30-day period, a "no response" comment shall be noted. Referral agency comments shall be forwarded to the applicant for revisions or comments as appropriate. Receipt of comment from any referral agency within the referral period requesting additional review or study shall toll the referral period and shall allow such additional time to review and conduct the study or additional review as deemed necessary by the Town Council.

(c)

Review and approval. The Town Planner shall review the site plan for completeness and provide the Planning Commission with a recommendation to approve or deny the site plan within 30 working days after receipt of a complete application and the end of the referral period, as revised pursuant to comments noted by the affected referral agencies. Within 30 days of receipt of the recommendation of the Town Planner, the Planning Commission shall provide the Town Council with a recommendation to approve, approve with conditions, or deny the site plan. Within 30 days of the Planning Commission's recommendation, a site plan shall be approved by the Town Council if it is complete in form, has all the required information and meets all of the applicable Town standards. The Town Council's approval of the site plan may be with or without conditions.

(d)

Approval certificate. Approved site plans shall bear an approval certificate as provided by the Town, exhibiting the original signatures of the Town Mayor and Town Engineer. A Mylar and one paper copy shall be provided to the Town and a minimum of two paper copies provided to the applicant. No building permits will be issued without such original signatures.

(e)

Decision in writing. Any approval or denial shall be in writing with the reasons for denial set forth. Redline changes on the site plan shall constitute sufficient detail of the reasons for denial.

(f)

Reconsideration. Upon denial of a site plan, the applicant may request in writing, within five working days after the denial, that the Town Council reconsider its decision. The request for reconsideration shall state the grounds therefor. A decision upon reconsideration will be given by the Town Council within 30 working days after receipt of the request.

(g)

Expiration. If a building permit has not been issued within two years from the date the approval of the site plan has occurred, the site plan shall be null and void unless extended. An extension may be granted for a maximum of one year upon written request of the applicant. No extension shall be granted if this Article or the zone category of the land has been amended such that the site plan no longer conforms to the requirements of this Article or the new zoning category.

(h)

Subdivision improvement agreement. Unless waived by Town Council, the applicant shall enter into a site plan improvement agreement in a form acceptable to the Town agreeing to construct (1) any required public improvement shown on the site plan and (2) any private improvement shown on the site plan or associated with the development of the property, the completion of which will provide a benefit to the public including but not limited to landscaping and re-vegetation. The agreement shall provide for the applicant to supply collateral or security which is sufficient in amount as determined by the Town and in a form deemed acceptable to the Town including but not limited to a performance bond, cash deposit, or letter of credit, to ensure the completion of said improvements. As improvements are completed and initially or finally accepted by the Town, the applicant may apply to the Town Council for release of part or all of the collateral or other security provided in connection with such improvements. If the Town Engineer or Town Council determines that any such improvements are not constructed in substantial compliance with specifications or within the time provided in the agreement, the Town shall furnish the applicant a list of specific deficiencies and shall be entitled, but not required, to utilize the security or collateral to construct or complete construction of such improvements to the extent deemed appropriate by the Town.

(i)

Expense reimbursement agreement. Unless waived by Town Council, the applicant shall enter into an expense reimbursement agreement in a form acceptable to the Town agreeing to (1) reimburse the Town for all costs and expenses incurred in connection with the Town's review, consideration, and implementation of the proposed site plan, including but not limited to staff time, engineering fees, attorney fees, and planning fees, and (2) provide a deposit in an amount reasonably determined by Town Staff to ensure that the Town's expenses will be reimbursed.

(j)

Town Planner required. Notwithstanding Subsection (c), above, the Town Council may elect to forgo the review and recommendation of a Town Planner once a land use application for a site plan is submitted to the Town which, in the sole discretion of the Town Council, is so minor or has such a negligible impact to the Town or its infrastructure as to render such intensive Town Planner review unnecessary and not of any benefit to the Town. In the event the Town Council finds site plan review by the Town Planner unnecessary, it shall render its decision as well as the reasons supporting its decision, in writing and the Town Manager shall work with the applicant to obtain a completed site plan, and once the site plan is deemed complete, the Town Manager shall submit the site plan to the Planning Commission for review and recommendation in accordance with this Article. Review and recommendation from the Town Planner is required for all of the following:

(1)

Commercial buildings over 10,000 square feet.

(2)

Projects that may have a substantial impact on water, wastewater, or traffic.

(3)

All development within the Industrial Zone as set forth in Division 9 of Article 7 of Chapter 16 of the Larkspur Municipal Code.

(Ord. No. 3.76, § 1, 7-19-2001; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 3.120, § 1, 5-18-2017; Ord. No. 3.121, § 1, 5-18-2017; Ord. No. 2025-02, § 1, 1-2-2025)

If the Town Council denies the application upon reconsideration, the decision of the Town Council is final and any appeal therefrom shall be to the courts.

(Ord. No. 3.76, § 1, 7-19-2001; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2025-02, § 2, 1-2-2025)

(a)

Upon request, the Town Planner may recommend the Planning Commission recommend the Town Council waive specific site plan form or information requirements as set forth herein if, in his or her opinion, specific requirements are unnecessary due to circumstances unique to the property or if the requirements have been previously submitted and approved. Such requirements may be set aside only to the extent that the intent and purpose of this Section are not violated.

(b)

Upon request, the Town Planner may approve a site plan varying any dimension contained in this Section as much as ten percent if, in his or her opinion, strict application of the standard would result in peculiar, exceptional and undue hardship in the applicant, if the physical conditions of the property make implementation of the standards unnecessarily difficult or if practical difficulties exist in carrying out the strict requirements of the standards. Any variance may be granted only to the extent that the intent and purpose of this Section are not violated.

(c)

To vary any dimension greater than ten percent, the applicant must submit the proposal to vary that specific standard directly to the Planning Commission for a recommendation to the Town Council. The Planning Commission shall make its recommendation in writing to the Town Council within 30 days of receipt of the application. The Town Council may grant the variance only upon proof that the standards for variances set forth in this Article have been met.

(Ord. No. 3.76, § 1, 7-19-2001; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2025-02, § 3, 1-2-2025)

Amendments to an approved site plan shall be subject to the same application, review and appeal process applicable to the original site plan. The applicant shall provide the Town Planner with an updated site plan with all current amendments shown on the most recently approved site plan.

(Ord. No. 3.76, § 1, 7-19-2001; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Sight triangle area. Within the sight triangle area, fences, walls, hedges, landscaping and structures shall not exceed a height of 42 inches as measured from the flow lines, or, in the absence of curbs and gutters, from the property line. The sight triangle shall extend 55 feet from the intersection of the right-of-way lines of two streets or railroads.

(b)

Drainage. Drainage plans shall comply with the adopted standards of the Town.

(c)

Trash containers, electrical and mechanical equipment and service lines.

(1)

All trash containers shall be screened to a height of six feet.

(2)

Roof-mounted electrical and mechanical equipment shall be placed or screened such that the equipment is not visible from any point ten feet above the ground and from any point within a 200-foot radius of the building upon which it is mounted.

(d)

Walkways and bike/pedestrian paths.

(1)

The minimum width of an on-site walkway shall be five feet unless head-in parking is permitted adjacent to one side of the walkway, in which case the walkway shall have a minimum width of seven feet. If head-in parking is permitted adjacent to both sides of the walkway, the walkway shall have a minimum width of nine feet.

(2)

Walkways designed to accommodate bicycles shall be referred to as bike/pedestrian paths and shall have a minimum width of eight feet. If head-in parking is permitted adjacent to bike/pedestrian paths, two feet additional width shall be required for vehicle overhang on each side where head-in parking is allowed.

(3)

Sustained grades for walkways and pedestrian paths shall not exceed eight percent or the grade of the adjacent public street.

(e)

Parking lot design standards. Parking lot design standards shall be in accordance with Article 11 of this Chapter.

(f)

Landscaping standards.

(1)

The term landscaped area means, for the purpose of this Section, land intended for the purpose of planting and maintaining trees, shrubs and groundcovers, as well as ornamental nonliving materials.

(2)

The term ornamental nonliving materials means material associated with plantings, such as decorative rock, wood chips, brick and paving stones.

(3)

The term groundcover means, for the purpose of this Section, any living plant material suitable for erosion prevention, as well as weed control.

(4)

Minimum landscape area requirements.

a.

Multiple-family dwellings. A minimum of 20 percent of the gross site area shall be landscaped. This landscaped area shall include perimeter property setbacks and buffer areas. A minimum of two trees and four shrubs for each 1,000 square feet of landscaped area shall be provided. This landscaped area shall include perimeter property setbacks and buffer areas.

b.

Business, commercial and industrial structures. A minimum of two trees and four shrubs for each 1,000 square feet of landscaped area shall be provided. One additional tree may be substituted in lieu of each four shrubs hereby required. A minimum of ten percent of the gross site area shall be landscaped. This landscaped area shall include perimeter property setbacks and buffer areas.

(5)

Perimeter landscape area.

a.

Where property lies adjacent to an arterial or collector street, a landscaped strip along the entire perimeter area averaging at least 20 feet in width but not less than 15 feet at any point, as measured from the eventual cross-section of the street, shall be provided. Any bikeways and walkways may be included in the perimeter landscape area and counted as part of the 20 feet. Landscaping within this area shall include two trees for each 1,000 square feet, four shrubs for each 1,000 square feet and groundcover over the entire area. One tree can be substituted for two shrubs. All plant materials shall be in accordance with the Recommended Plant List of the Town.

b.

Where the property lies adjacent to a local street, a landscaped strip along the entire perimeter area averaging at least 15 feet in width but not less than eight feet at any point, as measured from the eventual cross-section of the street, shall be provided. Any bikeways and walkways may be included in the perimeter landscape area and counted as part of the 15 feet. Landscaping within this area shall include two trees and four shrubs for each 1,000 square feet, and groundcover over the entire area. One tree can be substituted for two shrubs. All plant materials shall be in accordance with the Recommended Plant List of the Town.

(6)

Parking area landscaping requirements. An area or a combination of areas equal to ten percent of the total parking lot area shall be landscaped. Any parking area in business, commercial or industrial use areas in excess of 50 spaces or four parking rows shall require interior landscape islands. Islands must contain a minimum of one tree and four shrubs per island. One additional tree may be provided in lieu of each four shrubs hereby required. Overall, parking lot landscaped areas will contain a minimum of two shade trees and four shrubs (or additional trees in lieu thereof as provided for above) per 1,000 square feet of landscape area. Parking lot landscaping will be included in the overall site requirement.

(7)

Buffer area landscaping requirements. Where business, commercial or industrial uses abut property zoned for any residential use, a fence or wall with a minimum height of six feet must be placed along such abutting property line. A landscaped buffer area on the residential side of the fence not less than ten feet shall also be provided. A minimum of two trees and four shrubs for each 1,000 square feet of landscaped area shall be provided. These requirements shall not apply in areas where an open space buffer zone 30 feet in width or greater is provided.

(8)

Whenever a parking lot boundary adjoins property zoned for any residential use, a minimum landscape buffer of 20 feet from said lot boundary shall be required. Within the 20-foot landscape buffer, a four-foot view-obscuring fence, decorative wall or three-foot planted berm shall be constructed. A minimum of two trees and four shrubs for each 1,000 square feet of landscaped area shall be provided.

(9)

No artificial tree, shrubs, turf or plants shall be used to fulfill the minimum requirements for landscaping as required by this Section.

(10)

Minimum size for landscaping material as measured at the time of planting shall be:

a.

Deciduous trees: two-inch caliper, measured one foot above ground.

b.

Ornamental and flowering trees: two-inch caliper, measured one foot above the ground, except that a multi-stemmed specimen shall have a minimum caliper of one and one-half inches as measured one foot above the ground.

c.

Evergreen trees: five feet in height.

d.

Flowering and evergreen shrubs and hedges shall be five gallon size. If in ball and burlap, the minimum size shall be 15 inches in diameter.

e.

Rock and stone: minimum three-quarter inch in size, and poured to a minimum depth of three inches.

(11)

No living tree which exceeds a four-inch caliper, unless damaged by fire, lightning, disease or other similar cause, shall be removed from the property except in accordance with an approved site plan.

(g)

Plant List. The Town shall provide a Recommended Plant List.

(h)

Time period. All landscaped improvements indicated on or contained in an approved site plan shall be completed by the next planting season but not more than 180 days after issuance of the final certificate of occupancy.

(Ord. No. 3.76, § 1, 7-19-2001; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The owner of the property or his or her successors, heirs and assigns shall be responsible for the proper maintenance of the area subject to an approved site plan. That area shall be deemed to include an area as measured from the back of the curb line to and including all areas subject to the approved site plan.

(b)

Landscaping shall be continuously maintained, including necessary watering, weeding, pruning, pest control and replacement of dead or diseased plant material. Replacement of dead or diseased plant material shall be of the same type of plant material as set forth in the approved site plan; for example, a tree must replace a tree, a shrub must replace a shrub, groundcover must replace groundcover, etc. Replacement shall occur in the next planting season, but in any event, such replacement time shall not exceed one year. Any replacement which conforms to the requirements of this Section shall not be considered an amendment to the site plan.

(Ord. No. 3.76, § 1, 7-19-2001; Ord. No. 3.118, § 1, 7-21-2016)