Skip to main content
Loading…
This section is included in your selections.

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

1. A structure is proposed within one hundred (100) vertical feet of a ridgeline.

2. The average slope of the parcel exceeds twenty-five (25) percent and the amount of earth to be cut and/or filled is twenty-five (25) cubic yards or more, excluding material used solely for the purposes of filling a pool from the calculation of total fill.

3. The average slope of the parcel is twenty-five (25) percent or less and the amount of earth to be cut and/or filled is one hundred fifty (150) cubic yards or more, excluding material used solely for the purposes of filling a pool from the calculation of total fill.

4. Site grading is proposed on a parcel in addition to prior grading that was previously approved and completed under a slope use permit. Applications for new grading of twenty-five (25) cubic yards or less, to which this subsection applies, shall be subject to review and approval by the Zoning Administrator, unless the Zoning Administrator refers the application to the Planning Commission. Applications for new grading in excess of twenty-five (25) cubic yards, to which this subsection applies, shall be subject to review and approval by the Planning Commission.

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

1. A grading plan showing the location of all cuts and fills, and the quantity of material that is to be removed from each site, and the location for disposal of material.

2. Proposed erosion and drainage control on the parcel.

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

1. Off-site and on-site views of the ridges will not be substantially impaired.

2. The proposed project takes into account the environmental characteristics of that property, including but not limited to prominent geological features, natural drainage ways, and significant tree cover, and limits grading to only what is necessary to allow reasonable development of the site.

3. The project incorporates adequate construction management measures to address staging of materials, parking of workers’ vehicles, traffic control, and maintenance of public infrastructure.

4. The project is designed in keeping with the best engineering practices as determined by the City Engineer to avoid erosion, slides or flooding, in order to have as minimal an effect on said environment as possible.

5. Adequate fire safety measures have been incorporated into the design of the project.

6. The proposed project will not be detrimental to the health, safety, morals, comfort, convenience, or general welfare of the public or persons residing or working in the neighborhood of such proposed use.

7. The project is consistent with the General Plan and all other provisions of the municipal code.

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

1. A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings and other manmade structures; typical elevations or perspective drawings sufficient to show building height; perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverages by percentage and acreage for the following: open space (intensely landscaped and natural), coverage by housing unit roof, parking (covered, open, off-street), streets, sidewalks, paths, and recreational facilities.

2. A topographic map at a scale commensurate with the requirements of Larkspur Municipal Code Section 18.34.030 showing contour lines existing prior to grading, and a grading plan showing magnitudes of the depths of all cuts and fills.

3. A topographic map showing existing contours and proposed lot lines, which may be integrated with the site plan described above.

4. Profiles showing the relationship of the proposed project to any dominant geological or topographical features which may be on or in the vicinity of the proposed project.

5. Location and identification of heritage tree(s) including size and species; whether or not such tree(s) is to be removed or destroyed, to be shown on the site plan or on a separate plat.

6. Sufficient dimensions to show right-of-way widths and limits, pavement widths, radii of curvature of centerlines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets.

7. A current preliminary soils and geological report prepared by a licensed geotechnical engineer. The report shall include a list of resource materials reviewed, logs of borings/test pits in the area of the proposed improvements, laboratory test results, and identification of any geologic hazards that could affect the development including but not limited to faulting, seismic shaking, slope instability (on or off site), liquefaction, and lateral spreading. The engineer shall provide conclusions and recommendations for excavation and grading, foundations, slabs on grade, site drainage, and subsequent plan review, site observation and testing during construction.

8. A statement indicating the basic density allowed pursuant to Larkspur Municipal Code Section 18.34.110 plus any additional requirements or restrictions required under this chapter and the location of the proposed units. Any request for density adjustments allowed pursuant to Larkspur Municipal Code Section 18.34.070 shall be shown on an additional plan detailing the location of the additional units and amenities.

9. Notwithstanding the requirements of this subsection, an application for a use permit for the development of five (5) or more acres, which development will occur in stages, may submit general information relating to subsections (D)(1) through (8) of this section. A detailed plan setting forth the information required by these items shall be submitted to the Planning Commission for a permit for each phase of the project.

E. Public Hearing. The Planning Commission shall hold a public hearing that has been noticed pursuant to the provisions of Larkspur Municipal Code Section 18.76.030. At this hearing the Commission shall consider the testimony of the applicant and any interested parties and then, based on the findings listed in subsection (C) of this section, either approve, approve with conditions, or deny the application, with or without prejudice.

F. Appeal and Appeal Period. The decision of the Planning Commission may be appealed to the City Council pursuant to Larkspur Municipal Code Chapter 2.50. The Commission’s action will not be final until the appeal period has lapsed.

G. Revocation. The Planning Commission may hold a public hearing, noticed as required above, and revoke the slope use permit if it finds that the conditions of approval have not been complied with.

H. Expiration. A slope use permit shall expire two (2) years after the effective date of the Planning Commission’s action, or final discretionary approval, or at an alternative period specified by the approving body at the time of final discretionary approval. The applicant may apply to the Community Development Director for a one-year extension of the permit prior to its expiration date, and the Director shall grant the extension if they determine that no significant changes to information regarding the condition of the property and/or the surrounding district have occurred since the original approval. An additional one-year extension shall require an application to the Planning Commission, and shall be considered at a duly noticed public hearing. The applicant shall pay a fee for the extension hearing in an amount sufficient to cover the costs of processing, and the same criteria used by the Community Development Director for granting the extension shall apply. (Ord. 1062 § 14, 2022; Ord. 1051 § 3, 2020; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(39, 40), 2007; Ord. 934 § 2, 2004; Ord. 929 §§ 30 – 34, 2004; Ord. 554 § 1, 1976; Ord. 471 § 1 (part), 1973)