18.100.060 Objective Standards and Requirements for New Dwelling Units on Properties That Are Not Being Subdivided.
The following objective standards and regulations apply to all new development on a property, including primary dwellings, SB 9 dwelling units, ADUs, or JADUs attached to the primary dwelling, that are developed under the provisions of this chapter on a property that is not being subdivided:
A. The maximum floor area permitted on a lot shall be determined through Larkspur Municipal Code Section 18.35.050. Notwithstanding the immediately preceding sentence, eight hundred (800) square feet of additional floor area is permitted for an ADU and eight hundred (800) square feet of additional floor area and development area is permitted for an SB 9 dwelling unit that is not the primary dwelling, even if the additional square feet added by an ADU or SB 9 dwelling unit, or both, exceed the maximum floor area and maximum dwelling area.
B. Each parcel is permitted: one (1) primary dwelling unit and an additional SB 9 dwelling unit, or two (2) SB 9 dwelling units. The maximum floor area for each new SB 9 dwelling unit shall be eight hundred (800) square feet.
C. Setbacks. The minimum setback for any new SB 9 dwelling unit shall be twenty (20) feet from a front property line and four (4) feet from the side and rear property lines.
Exceptions: No setback is required for a new SB 9 dwelling unit constructed in the same location and to the same dimensions as an existing structure.
D. The maximum height of the SB 9 dwelling unit shall be sixteen (16) feet.
Exception: If the SB 9 dwelling unit has a thirty (30) foot front yard and thirty (30) foot side and rear yard setbacks, the maximum height can be up to thirty (30) feet above grade.
E. One (1) parking space shall be provided for each dwelling unit and located and designed per Larkspur Municipal Code Section 18.56.040, except that a parking space shall not be required for an SB 9 dwelling unit in either of the following circumstances:
1. The parcel is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one (1) block of the parcel.
F. A solid (no openings) one (1) hour rated fire wall is required between any SB 9 dwelling unit and the primary dwelling unit, an ADU, or other SB 9 dwelling unit.
G. If the property is fully developed with the number of units permitted under subsection (B) of this section, then the applicant or the property owner shall record a deed restriction stipulating that no further subdivision of the parcel is permitted.
H. The owner shall sign and record an affidavit placing a covenant that will run with the land to confirm that the owner will reside in either the primary dwelling unit or an SB 9 dwelling unit on the property for three (3) years from the issuance of an SB 9 dwelling unit’s certificate of occupancy and closing of all construction permits pertaining to the parcel.
I. All newly created dwelling units shall be connected to public sewer or provide a private wastewater system that is fully contained within the property boundaries.
J. All portions of the SB 9 dwelling unit, including eave overhangs and other projections, shall meet the required setbacks as set forth in this section.
K. All outdoor patios, covered patios, decks, and other hardscape shall meet the minimum front, side, and rear yard setbacks as set forth in this section.
L. Coverage and natural state limitations shall apply except to the extent that they would preclude SB 9 dwelling units and to the extent necessary to make it feasible to comply with the required minimum emergency access and required vehicle parking standards.
M. No dwelling unit shall be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit. Prior to occupancy, the property owner shall record a deed restriction specifying that no dwelling unit shall be occupied as a short-term rental unit.
N. An SB 9 dwelling unit may be rented separately from the primary dwelling unit.
O. Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit.
P. Grading shall be limited to a total of twenty-five (25) cubic yards of combined cut and fill for each new SB 9 dwelling unit proposed, exclusive of grading for the minimum required emergency access and required vehicle parking. Grading authorized by this subsection shall be solely for the purpose of developing SB 9 dwelling units and not for other improvements on the parcel. Basements are not permitted. (Ord. 1061 § 2 (Exh. A), 2022; Ord. 1057 § 3, 2022; Ord. 1055 § 2 (Exh. A), 2021)