Larkspur Municipal Code Ch. 15.40 Reports of Residential Building Records

Sections: 15.40.010 Purpose. 15.40.020 Definitions. 15.40.030 Report Required. 15.40.040 Application. 15.40.045 Fire Inspection Resale Report Required. 15.40.050 Delivery of Report. 15.40.060 Exceptions. 15.40.070 Violation – Penalty. 15.40.080 Nonliability of City. 15.40.090 Products of Combustion Detector.

Pursuant to the provisions of Section 38780 to and including Section 38785 of the Government Code of the state, it is the purpose of the City Council to assure that the grantee of a residential building within the City is furnished a report of matters of City record pertaining to the use, occupancy and zoning classification of real property prior to sale or exchange. It is further the purpose to protect the unwary buyer of residential property against undisclosed restrictions on the use or occupancy of the property and/or structures therein. (Ord. 483 § 1 (part), 1974)

“Agreement of sale” means any agreement or written instrument which provides that title to any property shall thereafter be transferred from one (1) owner to another owner.

“Condominium” means as set forth in California Civil Code Section 783, and as used here includes “community apartment,” as defined in Business and Professions Code Section 11004, and “stock cooperative” as defined in Business and Professions Code Section 11003.2.

“Owner” means any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property and includes the owner’s authorized representative.

“Residential building” means any improved real property designed or permitted to be used for dwelling purposes, situated in the City. It includes the buildings or structures located on said improved real property.

“Townhouse” means a single-family dwelling unit constructed in a group of three (3) or more attached units in which each unit extends from the foundation to roof and with open space on not less than two (2) sides. (Ord. 1094 § 14, 2026; Ord. 483 § 1 (part), 1974)

Prior to entering into an “agreement of sale” or to the exchange of any residential building, the owner shall obtain from the City a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property. Said report shall be valid for a period not to exceed six (6) months from date of issue. (Ord. 483 § 1 (part), 1974)

A. Upon application of the owner, and payment of a fee established by resolution, the Chief Building Official shall review pertinent City records and inspect the premises in question. Upon completion of the review and inspection, they shall deliver a report to the owner, which shall contain the following information:

1. The street address or other appropriate description of subject property;

2. A parcel drawing of subject property, which may be a reproduction of a portion of the maps of the
County Assessor;

3. The zoning classification and authorized use as set forth in City ordinances and regulations;

4. The occupancy, as indicated and established by permits of record;

5. Variances, conditional use permits, exceptions, and other pertinent legislative acts of record;

6. A statement as to whether there appears to be any nonconformity as to construction, electrical,
plumbing, or heating conditions;

7. A statement as to whether there appears to be any nonconformity or illegality in the structures on the
property or the uses being made thereof;

8. A statement of whether or not the property is listed in the Larkspur historic resources inventory. (Ord.
1094 § 14, 2026; Ord. 1069 § 5, 2023; Ord. 1062 § 14, 2022; Ord. 1043 § 14, 2020; Ord. 853 § 2 (part), 1993;
Ord. 608 § 2, 1979; Ord. 592 § 6, 1978; Ord. 507 § 1, 1974; Ord. 483 § 1 (part), 1974)

A. Prior to the sale or exchange of any residential building or residential parcel located within the City of Larkspur’s designated Wildland Urban Interface area (WUI), the owner or their agent shall obtain from the Central Marin Fire Authority a report of the residential building record showing the following information:

1. Identify if the building/parcel is in a “High or Very High” Fire Hazard Severity Zone and/or located within a
designated Wildland Urban Interface area;

2. Was the building(s) constructed prior to January 1, 2010;

3. Is the building equipped with a fire sprinkler system;

4. Is the property equipped with an emergency gate access key (electronic gates);

5. Disclosing which building features that exist may make the residential building home vulnerable to a
wildfire and flying embers;

6. Whether there exist properly maintained defensible spaces around each building and structure as
provided for in Larkspur Municipal Code Section 14.04.110.

B. Exception. Individual condominium units and individual townhouses do not require a resale inspection. (Ord. 1094 § 14, 2026)

The report of residential building record shall be delivered by the owner or their authorized agent to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt for it as furnished by the City and the receipt shall be delivered to the Department of Planning and Community Development as evidence of compliance with this chapter. (Ord. 1062 § 14, 2022; Ord. 483 § 1 (part), 1974)

The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two (2) years prior to the first sale. (Ord. 483 § 1 (part), 1974)

A. Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as specified in Larkspur Municipal Code Section 9.24.070.

B. No sale or exchange of residential property is invalid solely because of the failure of a person to comply with this chapter, unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this chapter. (Ord. 1069 § 2, 2023; Ord. 723 § 20, 1985; Ord. 647 § 1, 1980; Ord. 483 § 1 (part), 1974)

The residential building record report shall be compiled from the records of the City and from an inspection of the property. The issuance of the report is not a representation by the City that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation and delivery of any report required hereunder shall impose any liability upon the City for any errors or omissions contained in said report, nor shall the City bear any liability not otherwise imposed by law. (Ord. 483 § 1 (part), 1974)

Upon sale or transfer of ownership of any dwelling used for human occupancy, the dwelling unit shall have installed and operating a products of combustion detector, other than heat, conforming to the National Fire Protection Association Standards 74 as amended. The detectors shall be mounted on the ceiling or wall within one (1) foot of the ceiling, centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on the upper level, the detector shall be placed at the center of the ceiling directly above the stairway. Each detector must have the approval of the California State Fire Marshal and shall be tested during the inspection. (Ord. 727 § 1, 1985)