18.100.070 Objective Standards and Requirements for Dwelling Units on Subdivided Properties.
The following objective standards and regulations apply to all development on a property that has been subdivided or concurrently subdivided under the provisions of this chapter:
A. Each parcel is permitted a primary dwelling unit and an additional SB 9 dwelling unit or, alternatively, two (2) SB 9 dwelling units. However, if there is an existing primary dwelling unit and ADU on the property, no further development is permitted for that property.
B. Maximum Floor Area.
1. If neither parcel has an existing primary dwelling unit, then the maximum floor area permitted for each SB 9 dwelling unit shall be eight hundred (800) square feet and the maximum floor area on each lot shall be one thousand six hundred (1,600) square feet.
2. If there is an existing primary dwelling unit on a parcel, then the floor area of the existing primary dwelling unit cannot be increased, and the floor area of any SB 9 dwelling unit on the same parcel shall not exceed eight hundred (800) square feet.
C. 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.
D. Setbacks. The minimum setbacks for any new primary dwelling unit or SB 9 dwelling unit shall be twenty (20) feet from the 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 on the property.
E. The maximum height of all new SB 9 dwelling units shall be sixteen (16) feet. If there is an existing primary dwelling on the property, then the maximum height of the existing residence cannot be increased.
Exception: If the new SB 9 dwelling unit on the property has thirty (30) foot front yard and thirty (30) foot side and rear yard setbacks, then the maximum height can be up to thirty (30) feet above grade.
F. If there is an existing primary dwelling unit on either parcel, then the existing primary dwelling unit shall maintain the existing number of parking spaces. One (1) parking space shall be located and designed per Larkspur Municipal Code Section 18.56.040 and is required for each SB 9 dwelling unit, except as provided below:
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.
G. If a parcel is proposed to be developed with two (2) SB 9 dwelling units configured as a duplex, then a solid one (1) hour fire wall between the units is required. In addition, a deed restriction shall be recorded stipulating that the duplex shall be maintained as two (2) separate units.
H. If the property is fully developed with the number of units permitted under Larkspur Municipal Code Section 18.100.060(B), then the applicant or the property owner shall record a deed restriction stipulating that no further subdivision of the parcel is permitted.
I. The project applicant or property owner shall sign and record an affidavit stating that the applicant or owner intends to reside in one (1) of the dwelling units on the property for three (3) years from the date of the approval of the subdivision.
J. 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.
K. All portions of the SB 9 dwelling unit, including eave overhangs and other projections, shall meet the required setbacks as provided in this section.
L. All outdoor patios, covered patios, decks, and other hardscape shall meet the minimum front, side, and rear yard setbacks as provided in this section.
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. Any development constructed in accordance with 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.
Q. An application for subdivision of land pursuant to this chapter shall be accompanied by all applications necessary for associated development of at least one (1) SB 9 dwelling unit on any vacant parcel resulting from the subdivision. An application for subdivisions of land pursuant to this chapter shall not be approved separately from approval of all necessary applications for development of at least one (1) SB 9 dwelling unit on each vacant parcel created by the subdivision. (Ord. 1061 § 2 (Exh. A), 2022; Ord. 1057 § 3, 2022; Ord. 1055 § 2 (Exh. A), 2021)