Larkspur Municipal Code § 18.40.040 Building Height Limit
Larkspur Municipal Code · 2026-09 edition · updated 2026-10-02 · Larkspur
Cite as: Larkspur Municipal Code § 18.40.040 · Text as of 2026-10-02
CONDOMINIUMS – STANDARDS AND REGULATIONS
Sections: 18.38.010 Short Title. 18.38.020 Authority. 18.38.030 Purposes. 18.38.040 Definitions. 18.38.050 Condominium Development Standards. 18.38.060 Organizational Documents. 18.38.070 Use Permit Required for Conversion. 18.38.080 Precondition to Acceptance of a Use Permit. 18.38.090 Use Permit Application – Information Required. 18.38.100 Notification – Condominium Use Permits. 18.38.110 Use Permit Conditions of Approval. 18.38.120 Use Permit – Required Findings.
18.38.010 Short Title.¶
This chapter shall be known as the “City of Larkspur Condominium Ordinance.” (Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.020 Authority.¶
This chapter is enacted to adopt regulations pursuant to Article XI, Section 7 of the California Constitution, the California Subdivision Map Act, the California Planning and Zoning Law, and the Larkspur General Plan. (Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.030 Purposes.¶
This chapter creates controls for condominium development, conversion and maintenance, as it is recognized that the condominium form of ownership of property creates unique problems relating to the land use, aesthetic, social and economic environment of the City. Therefore, it is the purpose of this chapter to accomplish the following:
A. Assure adequate maintenance of condominiums, as their fragmented ownership may result in conditions of disrepair that are inimical to the public health, safety, and welfare.
B. Assure that condominium projects are capable of satisfying the more demanding physical needs of long-term owners in contract to the lesser expectations of short-term rental occupants.
C. Maintain the availability of an adequate supply of multifamily rental housing. In a period of extreme scarcity of multifamily rental units, conversion of such units to condominiums would work a hardship on tenants who are unable to purchase the units they occupy and are unable to find equivalent replacement housing in the Lower Ross Valley.
D. Provide for maintenance of rental units within projects that are converted, especially for the disabled and elderly. (Ord. 1094 § 2, 2026; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.040 Definitions.¶
“CC&Rs” refers to a condominium’s covenants, conditions and restrictions.
“Community apartment” is defined as a development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment situated therein. Community apartments shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.
“Condominium” is defined as set forth in Civil Code Section 4125. Condominium, as used herein, includes “community apartment,” “stock cooperative,” and “limited equity cooperative.”
“Condominium conversion” is defined as a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined as a condominium project or a community apartment project or a stock cooperative or limited equity stock cooperative, regardless of the present or prior use of such land or structures and whether improvements have been made or are to be made to such structures.
“Condominium project” is defined as the entire parcel of real property, including all structures thereon, to be divided into two (2) or more units for the purpose of constructing or converting existing structures or condominium units.
“Limited equity cooperative” is as defined by Health and Safety Code Section 33007.5, and as same may from time to time be amended. Limited equity cooperatives shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.
“Low-income family or household” means a family whose income does not exceed eighty (80) percent of the median family income for the San Francisco Standard Metropolitan Statistical Area (SMSA) as established annually by the U.S. Department of Housing and Urban Development (HUD), with adjustments for smaller and larger families.
“Moderate-income family or household” means a family whose income is greater than eighty (80) percent and does not exceed one hundred twenty (120) percent of the median family income for the San Francisco Standard Metropolitan Statistical Area (SMSA) as established annually by the U.S. Department of Housing and Urban Development (HUD), with adjustments for smaller and larger families.
“Project” means the same as condominium project, defined above.
“Stock cooperative” is a corporation formed for the purpose of holding title to improved real property with shareholders receiving the right of exclusive occupancy to a portion of the real property and is more particularly defined in Business and Professions Code Section 11003.2. A stock cooperative shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.
“Tenant” is defined as a person who rents, leases, or subleases, through either a written or oral agreement, real property from another.
“Unit” before condominium conversion is any one rental unit in the project. After conversion unit is the element of a condominium conversion project that is not owned in common with the other owners of the project, or is an apartment in a community apartment project or stock cooperative to which an owner of an undivided interest in common in a community apartment project has a right of exclusive occupancy. (Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.050 Condominium Development Standards.¶
The standards for the physical development of condominiums are as follows:
A. Structures must meet or must be corrected to meet the requirements of the Uniform Building Code Chapter 35 requirements relating to the transmission of sound.
B. Enclosed and secure storage space for the storage of bulky goods shall be provided within the project in an amount equal to one cubic foot of storage area for each three (3) feet of gross floor area of the unit, excluding any garage or carport. The minimum clear dimensions of any such space shall not be less than six (6) feet by six (6) feet by eight (8) feet, and the space provided shall be in addition to the bathroom, bedroom, linen, or kitchen cupboard, or closet space, normally expected within each unit.
C. Either laundry facilities shall be provided within the individual unit or a number of washers and dryers adequate to meet the needs of the future tenants (as determined by the City) shall be provided within common areas of the project.
D. Condominium conversion projects shall be repaired or modified to conform to the minimum standards of the Uniform Building Code except where waived by the Planning Commission with the consent of the City Chief Building Official as not necessary to fulfill the intent of this chapter.
E. Design and Improvement Standards. The design of site improvements shall comply with the design improvement standards of Larkspur Municipal Code Chapter 17.16.
F. The site landscaping and exterior lighting shall be approved by the Planning Commission.
G. All public utilities shall be independently metered to each unit except in the case of existing buildings where appropriate agreements for the distribution of costs are included in the project’s CC&Rs.
H. A sinking fund shall be established in an amount satisfactory to the City Engineer for the maintenance and repair of all commonly owned structures, mechanical equipment, open space, common guest parking and landscaped areas. (Ord. 1069 §§ 5, 6, 2023; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(48), 2007; Ord. 933 § 3, 2004; Ord. 667 § 1 (part), 1981)
18.38.060 Organizational Documents.¶
A. Property Owners’ Association. A property owners’ association shall be established for all condominiums by recordation of the following:
1. Articles of incorporation of the association;
2. Declarations of covenants, conditions and restrictions (CC&Rs);
3. Bylaws of the association.
B. The City Approval of CC&Rs. The condominium CC&Rs shall be submitted to the City for approval at the time of the use permit application required by Larkspur Municipal Code Section 18.38.070 or with the submittal of the condominium tentative subdivision map if said use permit is not required. The CC&Rs must first be approved as to form and content by the City Attorney and then by the Planning Commission at the time the Commission takes action on either the use permit or the tentative map.
C. Required Provisions. The condominium CC&Rs shall contain but not be limited to the following provisions:
1. The provisions of Section 1355 of Title Six (Condominiums) of the California Civil Code.
2. Except where maintained by a public utility agency, all on-site property improvements, including
common areas, vehicular accessways, sewers, storm drains, street lighting, fire prevention water systems, and landscaping shall be maintained at the expense of the association. The City will be responsible for maintenance of only those facilities, situated within a public right-of-way, that have been accepted by the City.
3. For the period beginning with the sale of the first unit and continuing for a period of one year after the
sale of fifty (50) percent of the units the developer shall fulfill all responsibilities of the association for
maintenance of all facilities that may require maintenance during this period. The expiration of this period
shall not limit or relieve the developer from satisfactory performance of any agreements executed with the
City.
4. In the event the maintenance responsibilities of the association are not fulfilled, the City shall have the
power but not the obligation to enforce such maintenance. Any costs incurred by the City shall be recovered by placing a lien on the property following the procedure established in Larkspur Municipal Code Chapter
9.24.
5. The condominium shall be managed by a professional manager or management firm for at least the first
year following the date of the sale of the first unit.
6. An individual owner cannot avoid liability for their prorated share of the expenses for the common area
by renouncing their rights in the common area.
7. Establish the exclusive use of a designated parking space for each individual unit’s owner.
8. Any additional conditions as may be required by the City Attorney or the Planning Commission.
- Any amendment or modification to this document relating to the provisions required by the City, must have the approval of the City. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.070 Use Permit Required for Conversion.¶
The conversion of any existing residential real property to a condominium project, community apartment project or stock cooperative project shall require the issuance of a conditional use permit. The procedures, considerations, findings and requirements set forth in this chapter and in Larkspur Municipal Code Chapter 18.76, Use Permits, shall govern the issuance of a condominium conditional use permit. (Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.080 Precondition to Acceptance of a Use Permit.¶
An application for a use permit will not be accepted or processed for a conditional condominium use permit if the vacancy rate for multifamily rental apartments in the Lower Ross Valley is below five (5) percent. The rental vacancy rate shall be determined on an as-needed basis, when an application for a condominium conversion is submitted, pursuant to procedures approved by the Planning Commission. (Ord. 1069 § 7, 2023; Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.090 Use Permit Application – Information Required.¶
An application for a condominium use permit shall contain the following information:
A. Rental and Tenant Information. The following information shall be submitted:
1. A rental history for each unit detailing: (a) the current monthly rental rate and the rates for the last three
(3) years; a statement of whether utilities are included; (b) the vacancies for the last three (3) years, and (c) the
expiration date of any current lease agreements.
2. Describe the demographic profile of each unit by sex and age group or cohort (e.g., males 0 – 5; 6 – 10
years, etc.).
3. Provide the names and addresses of the head of household for each unit.
B. A report describing the project’s compliance with the most recently adopted Uniform Building Codes (fire, building, electrical and plumbing). The report shall also contain estimates of the remaining useful life of the following elements: structure; walls; roofs; paved surfaces; heating and air conditioning systems; hot water heaters; and, where they are reasonably accessible for inspection, other electrical, plumbing and mechanical equipment. This report shall be prepared by a contractor, architect, or engineer who is licensed in the element they are reviewing.
C. A comprehensive report detailing the repairs and improvements the applicant intends to make to the premises.
D. A report by a qualified acoustical consultant, based on field tests that assesses the compliance of the existing units with the sound transmission requirements of Uniform Building Code Chapter 35 for walls, floors and ceilings that separate the proposed dwelling units. The field studies will be based on a randomly selected number of units that are representative of the types and arrangement of units in the project. At least ten (10) percent of the units shall be tested, but no fewer than two (2), whichever is the greater number. The report shall contain details of measures that may be necessary to bring the units up to code requirements.
E. A map of the project based on a topographic and boundary survey, prepared by a registered civil engineer or licensed land surveyor, which shows the following information:
1. The location of structures.
2. Parking and circulation areas, showing the dimension of parking stalls and indicating which stalls are
covered and the locations of common guest parking spaces and pedestrian and bicycle paths.
3. Landscape Plan. Show the location and dimensions of all planted areas, all sprinkler pipes and heads, all
lights or other utilities or structures if within planted areas; and the size, location (center spacing) and type of
all trees, plants, boulders and other landscape material (rock, gravel, lava stone, etc.) or landscape structures
(arbors, trellises, alcoves, benches, etc.) proposed or that exist and are to remain.
4. Exterior Lighting Plan. Show all lights; the elevation of the light; total height of light standard, if any; style,
appearance, color, direction and intensity at the property boundaries.
5. Locations, type, and size of all overhead and underground utility lines.
6. Storm drainage facilities, including the size and elevations of all collection devices and pipes.
7. The limits of common and private outdoor spaces and recreation facilities.
8. The location of existing and proposed laundry facilities and bulk storage areas.
F. Floor plans of each unit, with a table indicating the number of bedrooms and floor areas of each type unit and the number of each unit.
G. A written description of the proposed project’s organization, including the use and control of the common areas and recreation facilities.
H. A structural pest control report prepared by a licensed pest control operator pursuant to Business and Professions Code Section 8516.
I. The subdivider’s proposed program to accommodate existing tenants of units to be converted, with specific reference to relocation assistance, availability of suitable accommodations in Larkspur and the rest of the Bay Area.
J. Sales information, including, but not limited to, the following information:
1. Anticipated range of sales prices, monthly mortgage payments, homeowner’s fees, and taxes for
individual unit types based on information available at the time;
2. Anticipated terms of sale to existing tenants; and
3. A statement as to whether the units will be available for sale to households with minor children.
K. A description of utility service (e.g., master meter or separate unit meter, central or separate hot water and space heating).
L. Any additional information required by the Planning Department or Planning Commission.
M. The Community Development Director may waive any of the above required information that is deemed unnecessary. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.100 Notification – Condominium Use Permits.¶
In addition to the notices required by Larkspur Municipal Code Section 18.76.030, each tenant household of the conversion project shall receive a notice of the public hearings on the use permit. Said notice shall be mailed to those tenants listed in the subdivider’s application. (Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.110 Use Permit Conditions of Approval.¶
The Planning Commission may approve use permits for conversions of condominium projects subject to but not limited to the following conditions:
A. Private Open Space. An outdoor private open space shall be provided contiguous to each residential ground level unit.
B. 1. Inclusionary Units. For projects of ten (10) or more units, fifteen (15) percent of the units in the project shall be made available at costs or rents affordable to low-income households.
2. If the developer proposes that sale units by made available to satisfy this condition the developer shall
provide the City with agreements that satisfactorily demonstrate how such units will remain available to low-
income households in perpetuity.
3. Screening of buyers or renters to assure conformance with the income limitations shall be handled by
the Marin Ecumenical Association for Housing, the Marin Housing Authority or other agency acceptable to the
City of Larkspur.
C. Retention of Rental Units. Forty (40) percent of the units in the condominium shall be retained in perpetuity as rental apartments. The project CC&Rs shall be revised to provide assurance to this end and also for the maintenance and management of the rental units. The provision of units at low-income rents will satisfy the requirement in subsection (B) of this section to the extent the number of units so rented at low-income limits meet or exceed the number of units required in subsection (B) of this section.
D. Elderly and Disabled Tenants.
1. Householders residing in the project at the time the final map is filed shall be provided with rental leases
to their units as defined below:
a. The annual rent increases for such units shall be limited to fifty (50) percent of the annual increase
in the Consumer Price Index in California for urban wage earners and clerical workers for the San
Francisco Bay Area.
b. The annual increase in rents shall be based on that rent paid by the tenant three (3) months prior to
the approval of this use permit plus the referenced increases that will have occurred until the date of the
filing of the final subdivision map.
2. Low-income households whose members are over sixty (60) years of age shall be provided lifetime
leases to their units or other unit in the project if mutually agreeable to the tenant and the owner.
3. Disabled tenants shall be provided with ten-year leases to their unit or other unit in the project that is
mutually agreeable to the tenant and the owner.
4. The provision of units to meet the requirement of this subsection (D) shall be deemed to count against
the units required in subsection (C) of this section but this shall not limit the requirement that such rental
units in subsection (C) of this section shall be provided in perpetuity.
E. Prohibiting Discrimination. The project CC&Rs shall contain a provision that prohibits discrimination against families with minor children in either rental or sale of units. This condition may be deleted by the Commission where its application would not be warranted because of the type of project (e.g., senior housing) or because of the physical construction of the project.
F. The developer must to the fullest extent possible make physical modifications to ten (10) percent of the project units to meet the special needs of the elderly and the mobility of the disabled. The commission shall review the changes or proposed changes to the project at the time of the tentative subdivision map to ensure substantial compliance with this condition.
G. If temporary relocation of any tenant is necessary for renovation of a unit between the date of submission of the use permit application and the date established for permanent relocation by subsection (D) of this section, then the applicant shall find equivalent substitute housing for that tenant for the period of renovation, and shall pay to that tenant any additional rent of the substitute housing and any moving expenses.
H. For permanent relocation each tenant not remaining in the project shall be allowed possession for ninety (90) days past the date of recordation of the final map or parcel map, or until the expiration of that tenant’s lease, whichever is longer. The applicant shall contract with a relocation service acceptable to the Community Development Director to provide permanent relocation services for each tenant or tenants, and the applicant shall bear the cost of that service and the actual moving expenses of each tenant or tenants for any move within fifty (50) miles of the converted units. The applicant shall also pay a moving expense allowance equivalent to the cost of moving fifty (50) miles from the converted units to all tenants moving further than fifty (50) miles.
I. A sinking fund shall be established in an amount satisfactory to the City Engineer for the maintenance and repair of all commonly owned structures, mechanical equipment, open space, common guest parking and landscaped areas.
J. The applicant must apply for a tentative subdivision map within one year from the approval of this use permit or the permit is null and void unless it is extended for no more than one additional year by the Planning Commission. (Ord. 1094 § 2, 2026; Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)
18.38.120 Use Permit – Required Findings.¶
Prior to approval of a use permit to allow a condominium conversion of an existing apartment project to condominiums the Planning Commission must make the following findings:
A. The proposed condominium conforms to the Larkspur General Plan.
B. The proposed condominium conforms or will be modified to conform to the requirements of Larkspur Municipal Code Chapter 18.32, R-3 Third Residential District Regulations, and Larkspur Municipal Code Chapter 18.56, Off-Street Parking and Loading, and the provisions of this chapter of the Larkspur zoning ordinance; the provisions of the latest adopted editions of the Uniform Building Codes; and Larkspur Municipal Code Chapter 17.16, Design and Improvement.
C. The vacancy rates used to determine the right to convert apartment projects to condominiums have not been artificially increased.
D. There has not been any systematic discrimination against the elderly and the disabled during the last three (3) years in the past rental practices of the project.
E. The proposed landscaping and exterior lighting plans are acceptable to the Planning Commission.
F. The conversion of the apartment project to condominiums will not be detrimental to the health, safety, comfort, or convenience, or general welfare of persons working or residing in the neighborhood or the project, nor be injurious to property or improvements in the neighborhood.
G. The conversion of the apartment project will not be detrimental to the general welfare. (Ord. 1094 § 2, 2026; Ord. 1069 § 6, 2023; Ord. 1030 § 2(12), 2018; Ord. 933 § 3, 2004; Ord. 667 § 1 (part), 1981)
Chapter 18.40
A-P ADMINISTRATIVE AND PROFESSIONAL DISTRICT REGULATIONS
Sections: 18.40.010 Regulations Established. 18.40.020 Permitted Uses. 18.40.025 Conditional Uses. 18.40.030 Lot Area. 18.40.040 Building Height Limit. 18.40.050 Percentage of Lot Coverage. 18.40.055 Floor Area Ratio. 18.40.060 Yards Required in Main Structure. 18.40.070 Location of Accessory Structures. 18.40.080 Repealed. 18.40.085 Design Review and Heritage Preservation Board Review. 18.40.090 Signs. 18.40.100 Off-Street Parking. 18.40.110 Circulation Assessment Permit.
18.40.010 Regulations Established.¶
The regulations herein are applicable to properties zoned Administrative and Professional and are in addition to the regulations set forth in Larkspur Municipal Code Chapter 18.16. (Ord. 1030 § 2(12), 2018; Ord. 295 § 120, 1962)
18.40.020 Permitted Uses.¶
The following uses are permitted in the A-P District:
A. Administrative and executive offices;
B. Medical and dental offices and clinics;
C. Professional offices;
D. Business offices where no merchandise, equipment or supplies are sold;
E. Service establishments such as design studios, photographic studios, stenographic services, where no merchandise, equipment or supplies are sold;
F. Medical supplies (sale or products in connection with prescribed medical treatments only, and other pharmaceutical items). Medical, optical and dental laboratories, not including the manufacture of pharmaceutical or other products for general sale or distribution;
G. Accessory buildings and uses;
H. Other office uses which are determined by the commission to be of the same general character as the above permitted uses;
I. Emergency shelters, subject to the standards established in Larkspur Municipal Code Chapter 18.16;
J. Other uses which are added to this list in accordance with Larkspur Municipal Code Section 18.16.030;
K. Group homes, transitional and supportive housing, family daycare homes, and accessory dwelling units and junior accessory dwelling units pursuant to Larkspur Municipal Code Chapter 18.23.
Permanent supportive housing in compliance with California Government Code Section 65651 is allowed by right, subject to written, objective development standards and policies that apply to other multifamily development within the zone. (Ord. 1079 §§ 6, 11, 2024; Ord. 1078 §§ 5, 10, 2024; Ord. 1030 § 2(12), 2018; Ord. 981 § 4, 2011; Ord. 953 § 1(49), 2007; Ord. 855 § 10, 1993; Ord. 467 § 1, 1973; Ord. 313 § 10, 1965; Ord. 295 § 121, 1962; Res. 1359)
18.40.025 Conditional Uses.¶
The following uses are permitted in the A-P District, subject to securing a use permit in each case:
A. Churches.
B. Colleges and schools.
C. Hospitals and residential care facilities.
D. Mortuaries.
E. Public utility or public service uses or buildings.
F. Retail or service business, consistent with the intent of the district, conducted out-of-doors or in a nonpermanent shelter.
G. Retail or service businesses that are primarily community serving (i.e., generally accessed by bicycle or on foot or by vehicle trips of less than two (2) miles) and determined to be compatible with administrative and professional uses, excluding restaurants, retail food service, alcohol service, entertainment venues, grocery stores, liquor stores, and supermarkets. The property on which the business is located shall not abut residentially zoned or developed property. Where the property is located within fifty (50) feet of a residentially zoned or developed property, open hours of operation shall not begin before eight a.m. or end after six p.m.
H. Multifamily residential units with a minimum density of thirteen (13) dwelling units per acre and a maximum density of twenty-one (21) dwelling units per acre. (Ord. 1079 § 5, 2024; Ord. 1078 § 4, 2024; Ord. 1030 § 2(12), 2018; Ord. 971 § 1, 2010; Ord. 953 § 1(49), 2007)
18.40.030 Lot Area.¶
Each main building erected shall be located on a lot having an area of not less than seven thousand five hundred (7,500) square feet, except that such structure may be located on a lot of record provided all other regulations of the district are met. (Ord. 1030 § 2(12), 2018; Ord. 295 § 122, 1962)
18.40.040 Building Height Limit.¶
No structure shall be erected to a height in excess of twenty-five (25) feet or two (2) stories, whichever is less, except as provided in Larkspur Municipal Code Section 18.16.090 or as otherwise allowed in the following.
A. Exceptions. The Planning Commission may grant exceptions to the height limit set by this section at a duly noticed public hearing provided the Commission is able to make the following findings in the affirmative:
The height of the proposed building will be consistent with the pattern of development in the neighborhood;
The height exception will result in a building that is either functionally or aesthetically superior to what would have been allowed without the exception;
The exception will not result in a building with a floor area that is significantly larger than would have been achieved without the exception;
The proposed exception will not be detrimental to the health, safety, morals, comfort, convenience, or general welfare of persons residing or working in the neighborhood of the structure in question, nor be injurious to property or improvements in the neighborhood. The basis for this finding shall include but not be limited to the fact that the proposed building does not block the significant views from the adjoining properties, nor does it significantly impair the access of the adjoining properties to light, air, or insolation nor significantly impair the privacy of adjoining residential properties.
B. The application for the exception shall be accompanied by fees or deposits and drawings as required by the Planning Department.
C. Public hearings on said exceptions shall be noticed in the manner as set forth for use permits in Larkspur Municipal Code Section 18.76.030. (Ord. 1030 § 2(12), 2018; Ord. 739 § 1, 1986; Ord. 295 § 123, 1962)
18.40.050 Percentage of Lot Coverage.¶
Structures shall not cover more than forty (40) percent of the lot area. (Ord. 1030 § 2(12), 2018; Ord. 295 § 124, 1962)
18.40.055 Floor Area Ratio.¶
A. Intent. This regulation is intended to control both the visual bulk of buildings and the intensity of development in this zoning district.
B. The floor area ratio shall not exceed thirty-five (35) percent.
C. This section shall not be interpreted as rendering existing structures nonconforming.
D. Structures that exceed the floor area ratio may be reconstructed or structurally altered provided:
The floor area of the reconstructed or altered structure does not exceed that of the original.
The reconstruction or alteration otherwise meets the provisions of the Larkspur Municipal Code.
E. Exceptions. Exceptions to the floor area ratio set by this section may be granted by the Planning Commission at a public hearing to allow architectural spaces within a building provided the commission is able to make the following findings in the affirmative:
The architectural space is an amenity and publicly accessible, such as, but not limited to, an atrium lobby.
The architectural space will not increase the traffic generation of the structure.
The design of the proposed building has been determined to be consistent with Larkspur Municipal Code Chapter 18.64, Design Review.
F. Application for Exceptions. The application for this exception shall include an application form, fees or deposits to cover the costs of processing and plans, drawings, and other documents of the type and number required by the Planning Department.
G. Noticing. Public hearings of this exception shall be noticed as required for use permits in Larkspur Municipal Code Section 18.76.030. (Ord. 1030 § 2(12), 2018; Ord. 933 § 3, 2004; Ord. 929 § 37, 2004; Ord. 778 § 2, 1988; Ord. 773 § 4, 1988)
18.40.060 Yards Required in Main Structure.¶
A. Front Yard. Minimum depth of front yard shall be fifteen (15) feet, and no parking shall be permitted in any such required front yard.
B. Side Yards. The street side yard on a corner lot shall have a width of not less than ten (10) feet. Other side yards shall have a width of not less than six (6) feet; provided, however, that for each story in height above one story, an additional four (4) feet shall be provided in each side yard where an A-P use abuts any residential district and, in addition, windows facing such abutting residential district shall be of obscure glass.
C. Rear Yard. Minimum depth of rear yard shall be twenty (20) feet, and where an A-P use abuts a residential district, windows facing such abutting residential district shall be of obscure glass. (Ord. 1030 § 2(12), 2018; Ord. 313 § 11, 1965; Ord. 295 § 125, 1962)
18.40.070 Location of Accessory Structures.¶
Accessory structures may be built within yards as follows:
A. Front Yard. No front yard requirements in the A-P District;
B. Side Yards. On other than street side of corner lots, not closer than six (6) feet to side lot line;
C. Rear Yard. Not nearer than three (3) feet to any lot line; except on a reversed corner lot no accessory structure shall project beyond the required front yard line of the key lot in the rear. (Ord. 1030 § 2(12), 2018; Ord. 295 § 126, 1962)
18.40.080 Floor Area Required.¶
18.40.085 Design Review and Heritage Preservation Board Review.¶
All proposed new structures, additions, and other modifications to the exterior of a building shall be subject to the provisions of Larkspur Municipal Code Chapter 18.64, Design Review, and for those parcels in the Combining
Heritage Preservation District, review and recommendation by the Heritage Preservation Board, per Larkspur Municipal Code Chapter 18.19. (Ord. 1030 § 2(12), 2018; Ord. 933 § 1, 2004)
18.40.090 Signs.¶
Signs shall be permitted only in accordance with Larkspur Municipal Code Chapter 18.60. (Ord. 1030 § 2(12), 2018; Ord. 352 § 2, 1968; Ord. 295 § 128, 1962)
18.40.100 Off-Street Parking.¶
When a new building is constructed or a building is structurally altered or the use is substantially changed, the minimum off-street parking and loading space to be provided on the lot shall be as indicated in Larkspur Municipal Code Chapter 18.56. (Ord. 1030 § 2(12), 2018; Ord. 313 § 2, 1965; Ord. 295 § 129, 1962)
18.40.110 Circulation Assessment Permit.¶
The provisions of Larkspur Municipal Code Chapter 18.14, Circulation Assessment Permit, are applicable to properties in this zoning district. (Ord. 1030 § 2(12), 2018; Ord. 737 § 7, 1986)
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