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Larkspur City Zoning Code

18.22 T-R

Tidelands Residential District

The provisions of the Circulation Assessment Permit, Larkspur Municipal Code Chapter 18.14, are applicable to properties in this zoning district.

18.22.010 Purpose.

To establish a district and regulations to:

A. Preserve the natural resources of a tidal marsh.

B. Maintain the existing architectural scale of buildings in the district.

C. Allow for the residential development and maintenance of new and existing structures in this district in a manner consistent with subsections (A) and (B) of this section. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.020 Permitted Uses.

The following uses are permitted in the T-R District:

A. Single-family dwellings.

B. Accessory structures.

C. Accessory uses, including home occupations that do not normally require visitation by the public.

D. Open space maintained in its natural state.

E. Group homes.

F. Transitional and supportive housing.

G. Family day care homes.

H. Accessory dwelling units and junior accessory dwelling units, subject to the provisions of Larkspur Municipal Code Chapter 18.23. (Ord. 1071 § 9, 2023; Ord. 1030 § 2(12), 2018; Ord. 855 § 9, 1993; Ord. 532 § 1 (part), 1975)

18.22.025 Conditional Uses.

The following uses are permitted in the T-R District subject to securing a use permit in each case:

A. Having, keeping, maintaining, or boarding four (4) or more dogs over four (4) months of age. (Ord. 1030 § 2(12), 2018; Ord. 787 § 2, 1989)

18.22.030 Lot Area, Width, and Access Required.

Each single-family dwelling shall be located on a lot meeting the following standards, except that a permitted use may be located on a lot of record; provided, that all other regulations of the T-R District are met:

A. Each lot shall have an area of not less than seven thousand five hundred (7,500) square feet.

B. There is no minimum lot width requirement in the T-R District.

C. Each lot shall abut for at least twenty (20) feet on a public street or boardwalk or have access to same by way of an easement not less than ten (10) feet in width. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.040 Building Height Limit.

No structure shall be erected with more than one story nor be higher than fifteen (15) feet. The height of the structure shall be measured from the lowest point of the floor joists to the peak of a gable or mansard roof or to the coping of a flat roof or roof parapet. The finish floor elevation shall not be significantly higher than eight (8) feet above mean sea level (USGS 1929 datum) plus the additional height determined by the City Engineer as required to maintain this elevation after thirty (30) years of soil subsidence. (Ord. 1030 § 2(12), 2018; Ord. 694 § 1, 1983; Ord. 532 § 1 (part), 1975)

18.22.050 Maximum Lot Coverage.

Structures shall not cover more than either forty (40) percent or three thousand five hundred (3,500) square feet of the lot on which they are situated, whichever is more restrictive. Boardwalks four (4) feet or less in width used solely for access are excluded from the lot coverage calculation. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(29), 2007; Ord. 532 § 1 (part), 1975)

18.22.060 Yards Required for Main Structures.

A. Front Yard. Minimum depth of the front yard shall be twenty (20) feet.

B. Side Yard. Minimum width of the side yard shall be six (6) feet, except that lots with an average width of less than sixty (60) feet shall have a side yard of at least five (5) feet.

C. Rear Yard. The minimum depth of the rear yard shall be six (6) feet.

D. In no case shall these requirements be interpreted to supersede more restrictive limitations (which would include navigation and flood control easements) as to the location of the main structure. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.070 Yards Required for Accessory Structures.

Yards for accessory structures are the same as provided for main structures in Larkspur Municipal Code Section 18.22.060 with the following exceptions:

A. Decks, uncovered balconies, porches, outside stairways, and piers may extend into a required side yard by no more than three (3) feet but shall be no closer than three (3) feet to a side property line and may extend into a required front or rear yard by no more than six (6) feet.

B. Boardwalks used solely for access may have a zero-foot setback from either front or side property lines. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.080 Floor Area Required.

Repealed by Ord. 1079.

18.22.090 Signs.

Signs shall be permitted only in accordance with Larkspur Municipal Code Chapter 18.60. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.100 Off-Street Parking – Exempted.

Due to the physiographic features of the district, the provision of off-street parking as required by Larkspur Municipal Code Chapter 18.56 shall not be required in the T-R District unless the Planning Commission finds it is physically possible to provide off-street parking and vehicular access to a parcel, and that the requirement of such parking is necessary. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.110 Grading, Excavation and Fills.

A. Grading and excavating in the T-R District for other than the provision of required foundations, public utilities, and soils investigation is not allowed.

B. The filling of any portion of the tidal marsh area in the T-R District is not allowed. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.120 Soils Investigation Required.

A. A soils investigation report may be required by either the City Engineer or Building Inspector whenever a structure intended for human habitation is erected, or when such existing structures are to be replaced or rehabilitated at a cost equal to or more than fifty (50) percent of its assessed valuation, or enlarged by more than one hundred (100) square feet, requiring additional foundations, or for an extension of the public portion of the boardwalk. This section shall not be interpreted as limiting the ability of other City officials or departments to require soils reports as may be otherwise legally required.

B. The report may be either a site recognizance or a detailed report (based on borings, laboratory tests and other investigations); this selection is to be made by the City Engineer.

C. The soils report shall be performed by a registered geologist or civil engineer specializing in soils and shall contain the following:

1. A description of the site’s soils and the soil’s engineering characteristics; this shall be supported by boring logs, boring site map and laboratory findings when required;

2. Recommendations for foundation and structural design based on the above findings; and

3. Recommendations for the need and scope of additional studies. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.130 Engineered Foundations Required.

A. All foundations shall be designed so as to:

1. Provide for the safety of the inhabitants and the structural integrity of the buildings;

2. Allow a maximum of free flow of tidal waters beneath the structure;

3. Prevent ponding of water.

B. A foundation designed by a registered civil or structural engineer is required for all structures intended for human habitation when they are to be erected, replaced or rehabilitated at a cost equal to or more than fifty (50) percent of their assessed valuation or enlarged by more than one hundred (100) square feet and require additional foundation.

C. The engineered foundation plans and specifications shall be submitted to the City Engineer for their approval and recommendations. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.140 Width of Boardwalk.

A. That portion of the boardwalk located in the twenty-foot vehicular easement and serving as the common pedestrian way shall have a minimum width of four (4) feet and a maximum width of six (6) feet.

B. Private boardwalks shall have a maximum width of four (4) feet. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.150 Sanitary Sewer Joints, Connections and Materials.

A. All connections between sanitary mains and lateral sewers and all joints in main and lateral sewers shall be of a mechanical type approved by the Building Inspector. No concrete or pour joints or connections are allowed;

B. The materials of sanitary mains and lateral sewers shall be approved by the City Engineer. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.160 Retaining Walls and Bulkheads Permitted.

A. Retaining walls, bulkheads, or other structures constructed for the purpose of maintaining the existing creek bank configurations shall be permitted.

B. Such structures shall be designed with the shortest functional length and whenever possible (1) allow for a maximum free flow of water over or through the wall and (2) prevent the ponding of water. (Ord. 1030 § 2(12), 2018; Ord. 532 § 1 (part), 1975)

18.22.170 Circulation Assessment Permit.

The provisions of the Circulation Assessment Permit, Larkspur Municipal Code Chapter 18.14, are applicable to properties in this zoning district. (Ord. 1030 § 2(12), 2018; Ord. 737 § 3, 1986)