18.100.030 Eligibility of Properties for a Lot Split.
The following properties are not eligible for a lot split under this chapter:
A. Any parcel that was established through a prior exercise of a lot split as provided for in this chapter.
B. Any parcel adjacent to another parcel where either the owner of that adjacent parcel or any person acting in concert with the owner has previously subdivided that adjacent parcel using the provisions in this chapter. For the purposes of this chapter, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with the property owner.
C. Any parcel located within a historic district or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site with a structure that is designated or listed as a City of Larkspur or Marin County landmark or historic property or district pursuant to a City of Larkspur or Marin County ordinance.
D. Any parcel where the lot split would require the demolition or alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.
4. Housing that has been occupied by a tenant in the last three (3) years.
E. Any parcel fully encumbered with an open space or conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.
F. Any parcel that is designated prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure.
G. Any parcel containing wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993), that would prevent the development of the property.
H. Any parcel within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to parcels that have been excluded from specific hazard zones by actions of the City pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance or modification to any fire code requirements or construction standards shall be permitted.
I. Any parcel with a hazardous waste site that is listed pursuant to Government Code Section 65962.5, or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
J. Any parcel within a special flood hazard area subject to inundation by the one (1) percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. However, a lot split and/or development project may be located on a parcel described in this subsection if (1) the parcel is otherwise eligible for approval under the provisions of this chapter and (2) the project applicant is able to satisfy all applicable federal qualifying criteria demonstrating either of the following are met:
1. The site has been subject to a letter of map revision prepared by FEMA and issued to the City.
2. The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
K. Any parcel within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the lot split and/or development project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
L. Any parcel containing habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (Ord. 1061 § 2 (Exh. A), 2022; Ord. 1057 § 3, 2022; Ord. 1055 § 2 (Exh. A), 2021)