18.55.040 City Initiated Process.
A. Procedures for establishing a Planned Development District classification for any parcel or parcels of property within the City may be initiated by the Planning Commission or the City Council in accordance with the procedures set forth in Larkspur Municipal Code Chapter 18.80.
B. In the time period between the establishment of a P-D District and approval of a precise development plan, the permitted uses in said district shall be:
1. Those uses permitted in an R-1 First Residential District as set forth in Larkspur Municipal Code Chapter 18.20. No improvement, land or road grading, or subdivision of lands shall be done unless in compliance with the regulations governing the R-1 District.
2. A temporary conditional use subject to securing a use permit in every case. Temporary conditional uses may be approved by the Planning Commission only when compatible with existing uses and with any approved preliminary plan. Said use permits may be approved for a time period not to exceed five (5) years.
3. All legally established uses in existence at the time of the adoption of the P-D District. Such uses are considered legal, nonconforming and are subject to the provisions of Larkspur Municipal Code Chapter 18.68, Nonconforming Uses and Structures.
The above uses are the only uses permitted in the P-D District until and unless a preliminary development plan is processed and approved by the City pursuant to the procedures set forth in Larkspur Municipal Code Section 18.55.050 et seq. It shall be the responsibility of the owner or owners of land within the P-D District to prepare and submit such preliminary development plan for all of the land within the district.
C. In the event that an owner of a parcel of property within a P-D District, which district encompasses additional lands under different ownership, desires to process a plan for their property independently of other properties within the district, said owner may apply for an exception permit. The granting of an exception permit shall exempt the applicant from the requirement of coordinated application processing associated with submitting a preliminary development plan for all of the land within the district and shall allow said applicant to include only their property within such plan submission. Otherwise, said applicant shall be bound by all the provisions of the P-D District.
D. Application for an exception permit shall be made to the Planning Commission. The Planning Commission shall grant such an exception permit only if it makes all of the following findings:
1. An undue hardship exists for the applicant;
2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; and
3. The granting of the application, under the circumstances of the particular case, will not adversely affect the health, safety or welfare or be detrimental to persons, property or improvements in the vicinity.
Any action taken by the Planning Commission in granting or denying such an application may be appealed to the City Council pursuant to the provision of Larkspur Municipal Code Section 2.50.040. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 929 § 57, 2004; Ord. 547 § 1, 1976; Ord. 504 § 1, 1974; Ord. 463 § 1 (part), 1973)