Third Residential District Regulations
The provisions of the circulation assessment permit, Larkspur Municipal Code Chapter 18.14, are applicable to properties in this zoning district.
The purpose of the Third Residential Zoning District is to:
A. Provide for higher density residential uses as set forth in the Larkspur General Plan.
B. Require the provisions of the residential amenities set forth in Larkspur Municipal Code Section 18.20.005 to the greatest extent feasible while accommodating the higher densities.
C. Allow for the increased traffic, parking needs, building bulk and density without jeopardizing public health and safety.
D. Implement the applicable policies of the General Plan. (Ord. 1030 § 2(12), 2018; Ord. 640 § 3, 1980)
The regulations herein are applicable to properties zoned Third Residential and are in addition to the regulations set forth in Larkspur Municipal Code Chapter 18.16. (Ord. 1030 § 2(12), 2018; Ord. 295 § 90, 1962)
The following uses are permitted in the R-3 District:
A. Dwellings, one-family, two-family and multiple-family.
B. Dwelling groups.
C. Public parks and playgrounds, including recreation, refreshment, and service buildings.
D. Churches.
E. Colleges and schools (not including riding schools and riding academies).
F. Accessory buildings and uses, including home occupations.
G. Group homes.
H. Transitional and supportive housing.
I. Accessory dwelling units and junior accessory dwelling units, subject to the provisions of Larkspur Municipal Code Chapter 18.23.
J. Family day care homes.
K. Housing development projects, as defined in California Government Code Section 65589.5, meeting the criteria of California Government Code Section 65913.16, the Affordable Housing on Faith and Higher Education Lands Act of 2023, so long as Section 65913.16 remains in effect.
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 § 11, 2024; Ord. 1078 § 10, 2024; Ord. 1077 § 5, 2024; Ord. 1071 § 9, 2023; Ord. 1030 § 2(12), 2018; Ord. 1012 § 8, 2016; Ord. 921 § 7, 2003; Ord. 855 § 9 (part), 1993; Ord. 698 § 6, 1983; Ord. 295 § 95, 1962)
The following uses are permitted in the R-3 Zoning District subject to securing a use permit in each case:
A. Community clubhouse.
B. Day care center.
C. Public utility or public service uses or buildings.
D. Business incidental to an apartment house constructed for twenty-five (25) or more guest rooms within the structure; provided, that:
1. Floor area of the use shall not exceed twenty-five (25) percent of the ground floor area of the structure.
2. No street frontage will be used for such business.
3. Entrances to such business shall be from the inside of the structure.
4. No sign applicable to such business shall be exhibited on the outside of the structure.
5. Repealed by Ord. 921.
E. Bed-and-breakfast inns, incidental to the residential use for maximum accommodation of eight (8) guests in four (4) rooms, subject to all conditions and restrictions in Larkspur Municipal Code Sections 18.20.025(I)(1) through (10) .
F. Mobilehome parks as defined in California Health and Safety Code Section 18214.
G. Having, keeping, maintaining, or boarding four (4) or more dogs over four (4) months of age.
H. Residential care facility.
I. Other uses found by the Planning Commission to be consistent with the purpose and intent of the R-3 Zoning District and the General Plan. (Ord. 1071 § 9, 2023; Ord. 1030 § 2(12), 2018; Ord. 929 § 21, 2004; Ord. 921 § 8, 2003; Ord. 855 §§ 8, 9 (part), 1993; Ord. 787 § 4, 1989; Ord. 763 § 1, 1988; Ord. 703 § 4, 1983; Ord. 698 § 7, 1983)
The development of condominiums must follow the standards and regulations of Larkspur Municipal Code Chapter 18.38. Further, the conversion of existing residential real property to a condominium project, community apartment project, or stock cooperative requires the approval of a use permit under Larkspur Municipal Code Section 18.38.070 et seq. (Ord. 1030 § 2(12), 2018; Ord. 667 § 7, 1981)
The following lot areas are required in the R-3 District:
A. For each one-family dwelling a minimum of seven thousand five hundred (7,500) square feet of lot area and sixty (60) feet in average width, except that such use may be located on a lot of record, provided all other regulations of the district shall be met.
B. For each two-family dwelling, a minimum of eight thousand (8,000) square feet of lot area and sixty (60) feet in average width, except that such use may be located on a lot of record, provided all other regulations of the district shall be met.
C. For each multiple dwelling, a minimum of two thousand (2,000) square feet of lot area per family and fifty (50) feet in average width for each main building, except that such use may be located on a lot of record having a lesser average width, provided all other regulations of the district shall be met.
D. For other types of structures, the minimum lot size shall be sufficient to provide the required yards and parking spaces. (Ord. 1030 § 2(12), 2018; Ord. 295 § 92, 1962)
A. One-family and two-family dwellings shall not be erected to a height in excess of thirty-five (35) feet.
B. Multiple dwellings and other structures shall not be erected to a height in excess of thirty-five (35) feet. (Ord. 1030 § 2(12), 2018; Ord. 295 § 93, 1962)
Structures shall not cover more than fifty (50) percent of the area of the lot on which they are situated. See also Larkspur Municipal Code Section 18.34.080, Preservation of Natural and Permeable Areas, for lots with an average slope of ten (10) percent or greater. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(34), 2007; Ord. 295 § 94, 1962)
Yard requirements for the main structure in the R-3 District are as follows:
A. Front Yard. Minimum depth is fifteen (15) feet.
B. Side Yard.
1. For one-family and two-family dwellings, the street side yard on a corner lot shall be not less than ten (10) feet. Other side yards shall each have a minimum width of six (6) feet.
2. Each side yard for multiple dwellings shall have a minimum width of eight (8) feet. The street side yard of a corner lot shall be twelve (12) feet.
C. Rear Yard. Minimum depth of a rear yard is fifteen (15) feet. (Ord. 1030 § 2(12), 2018; Ord. 295 § 95, 1962)
Accessory structures may be built within yards as follows:
A. Front Yard. On other than the street side of a corner lot; in steep terrain, either a one-story carport or one-story residential garage (neither a part of the main building) not closer than three (3) feet to either the front lot line or the side lot line, with design review approval by the Zoning Administrator pursuant to Larkspur Municipal Code Section 18.64.020.
B. Side Yards. Not closer than ten (10) feet to the street side lot line of a corner lot. On other than street side of corner lots, not closer than six (6) feet to the side lot line.
C. Rear Yards. No nearer than three (3) feet to any rear lot line. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(35), 2007; Ord. 929 § 22, 2004; Ord. 295 § 96, 1962)
Repealed by Ord. 1079.
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, or for any building listed on the National Register or Larkspur’s Inventory of Historic Resources, review and recommendation by the Heritage Preservation Board, per Larkspur Municipal Code Chapter 18.19. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(36), 2007; Ord. 933 § 1, 2004)
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 § 98, 1962)
When a new dwelling is constructed, or a main building is structurally altered or the use is substantially changed, the minimum number of off-street parking spaces to be provided on the lot shall be as indicated in Larkspur Municipal Code Chapter 18.56. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(37), 2007; Ord. 313 § 2, 1965; Ord. 295 § 99, 1962)
Any property or properties having an average percent of slope (as calculated pursuant to Larkspur Municipal Code Section 18.34.030) equal to or exceeding ten (10) percent shall be subject to the regulations set forth in Larkspur Municipal Code Chapter 18.34. (Ord. 1030 § 2(12), 2018; Ord. 471 § 1 (part), 1973)
A. The following usable outdoor areas shall be required for all residential uses in the R-3 District: three hundred (300) square feet of usable outdoor area for every studio apartment, or three hundred (300) square feet of usable outdoor area for every one-bedroom dwelling unit, plus one hundred (100) square feet of usable outdoor area for each additional bedroom within the unit.
B. Usable outdoor area may consist of outdoor area on the ground, balcony deck or roof deck, all of which are designed and accessible for outdoor living and recreation, complying with the following provisions:
1. Areas included in computing usable outdoor area shall be either common or private, or a combination of both.
2. Common usable outdoor area is an on-site area of lawn, pool, garden court, or deck, which is readily and safely accessible to all dwelling units via a walk, path or stairway. Such required space shall be no less than three hundred (300) square feet in area and have no dimension less than fifteen (15) feet.
3. Private usable outdoor area shall be contiguous and safely accessible only to the dwelling unit it serves, and shall have an area of at least one hundred fifty (150) square feet, if located at ground level, with no dimension less than six (6) feet.
4. Required parking areas, driveways and internal roadway systems, service areas and other areas similar in function shall not be included in computing usable outdoor area.
5. Each element of usable outdoor area shall be open on at least one side and shall have a clear vertical height of not less than seven (7) feet.
6. Not less than fifty (50) percent of the total required usable outdoor area shall be unobstructed to the sky.
7. Outdoor area shall be located on the same zoning plot as the dwelling units for which it is required. The computation of such outdoor area shall include no obstructions other than devices and structures designed to enhance its usability such as swimming pools, game courts, fountains, planters, benches and landscaping.
8. Areas with a slope greater than ten (10) percent are not allowed for computing usable outdoor area.
9. Areas which lie below the mean high water line as established by the United States Coast and Geodetic Survey are not allowed for computing usable outdoor area.
10. Commercial recreation shall not be construed as meeting the usable outdoor area requirement.
11. Those areas used to comply with the above standards shall not be used for dedicated open space easements or park and recreation lands per Larkspur Municipal Code Chapter 17.13. (Ord. 1030 § 2(12), 2018; Ord. 929 § 23, 2004; Ord. 508 § 1, 1975)
The maximum gross floor area for all properties in this district shall be as set forth in Larkspur Municipal Code Chapter 18.35, Residential Floor Area Ratios. (Ord. 1030 § 2(12), 2018; Ord. 687 § 3, 1983)
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 § 5, 1986)
Third Residential District Regulations
The provisions of the circulation assessment permit, Larkspur Municipal Code Chapter 18.14, are applicable to properties in this zoning district.
The purpose of the Third Residential Zoning District is to:
A. Provide for higher density residential uses as set forth in the Larkspur General Plan.
B. Require the provisions of the residential amenities set forth in Larkspur Municipal Code Section 18.20.005 to the greatest extent feasible while accommodating the higher densities.
C. Allow for the increased traffic, parking needs, building bulk and density without jeopardizing public health and safety.
D. Implement the applicable policies of the General Plan. (Ord. 1030 § 2(12), 2018; Ord. 640 § 3, 1980)
The regulations herein are applicable to properties zoned Third Residential and are in addition to the regulations set forth in Larkspur Municipal Code Chapter 18.16. (Ord. 1030 § 2(12), 2018; Ord. 295 § 90, 1962)
The following uses are permitted in the R-3 District:
A. Dwellings, one-family, two-family and multiple-family.
B. Dwelling groups.
C. Public parks and playgrounds, including recreation, refreshment, and service buildings.
D. Churches.
E. Colleges and schools (not including riding schools and riding academies).
F. Accessory buildings and uses, including home occupations.
G. Group homes.
H. Transitional and supportive housing.
I. Accessory dwelling units and junior accessory dwelling units, subject to the provisions of Larkspur Municipal Code Chapter 18.23.
J. Family day care homes.
K. Housing development projects, as defined in California Government Code Section 65589.5, meeting the criteria of California Government Code Section 65913.16, the Affordable Housing on Faith and Higher Education Lands Act of 2023, so long as Section 65913.16 remains in effect.
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 § 11, 2024; Ord. 1078 § 10, 2024; Ord. 1077 § 5, 2024; Ord. 1071 § 9, 2023; Ord. 1030 § 2(12), 2018; Ord. 1012 § 8, 2016; Ord. 921 § 7, 2003; Ord. 855 § 9 (part), 1993; Ord. 698 § 6, 1983; Ord. 295 § 95, 1962)
The following uses are permitted in the R-3 Zoning District subject to securing a use permit in each case:
A. Community clubhouse.
B. Day care center.
C. Public utility or public service uses or buildings.
D. Business incidental to an apartment house constructed for twenty-five (25) or more guest rooms within the structure; provided, that:
1. Floor area of the use shall not exceed twenty-five (25) percent of the ground floor area of the structure.
2. No street frontage will be used for such business.
3. Entrances to such business shall be from the inside of the structure.
4. No sign applicable to such business shall be exhibited on the outside of the structure.
5. Repealed by Ord. 921.
E. Bed-and-breakfast inns, incidental to the residential use for maximum accommodation of eight (8) guests in four (4) rooms, subject to all conditions and restrictions in Larkspur Municipal Code Sections 18.20.025(I)(1) through (10) .
F. Mobilehome parks as defined in California Health and Safety Code Section 18214.
G. Having, keeping, maintaining, or boarding four (4) or more dogs over four (4) months of age.
H. Residential care facility.
I. Other uses found by the Planning Commission to be consistent with the purpose and intent of the R-3 Zoning District and the General Plan. (Ord. 1071 § 9, 2023; Ord. 1030 § 2(12), 2018; Ord. 929 § 21, 2004; Ord. 921 § 8, 2003; Ord. 855 §§ 8, 9 (part), 1993; Ord. 787 § 4, 1989; Ord. 763 § 1, 1988; Ord. 703 § 4, 1983; Ord. 698 § 7, 1983)
The development of condominiums must follow the standards and regulations of Larkspur Municipal Code Chapter 18.38. Further, the conversion of existing residential real property to a condominium project, community apartment project, or stock cooperative requires the approval of a use permit under Larkspur Municipal Code Section 18.38.070 et seq. (Ord. 1030 § 2(12), 2018; Ord. 667 § 7, 1981)
The following lot areas are required in the R-3 District:
A. For each one-family dwelling a minimum of seven thousand five hundred (7,500) square feet of lot area and sixty (60) feet in average width, except that such use may be located on a lot of record, provided all other regulations of the district shall be met.
B. For each two-family dwelling, a minimum of eight thousand (8,000) square feet of lot area and sixty (60) feet in average width, except that such use may be located on a lot of record, provided all other regulations of the district shall be met.
C. For each multiple dwelling, a minimum of two thousand (2,000) square feet of lot area per family and fifty (50) feet in average width for each main building, except that such use may be located on a lot of record having a lesser average width, provided all other regulations of the district shall be met.
D. For other types of structures, the minimum lot size shall be sufficient to provide the required yards and parking spaces. (Ord. 1030 § 2(12), 2018; Ord. 295 § 92, 1962)
A. One-family and two-family dwellings shall not be erected to a height in excess of thirty-five (35) feet.
B. Multiple dwellings and other structures shall not be erected to a height in excess of thirty-five (35) feet. (Ord. 1030 § 2(12), 2018; Ord. 295 § 93, 1962)
Structures shall not cover more than fifty (50) percent of the area of the lot on which they are situated. See also Larkspur Municipal Code Section 18.34.080, Preservation of Natural and Permeable Areas, for lots with an average slope of ten (10) percent or greater. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(34), 2007; Ord. 295 § 94, 1962)
Yard requirements for the main structure in the R-3 District are as follows:
A. Front Yard. Minimum depth is fifteen (15) feet.
B. Side Yard.
1. For one-family and two-family dwellings, the street side yard on a corner lot shall be not less than ten (10) feet. Other side yards shall each have a minimum width of six (6) feet.
2. Each side yard for multiple dwellings shall have a minimum width of eight (8) feet. The street side yard of a corner lot shall be twelve (12) feet.
C. Rear Yard. Minimum depth of a rear yard is fifteen (15) feet. (Ord. 1030 § 2(12), 2018; Ord. 295 § 95, 1962)
Accessory structures may be built within yards as follows:
A. Front Yard. On other than the street side of a corner lot; in steep terrain, either a one-story carport or one-story residential garage (neither a part of the main building) not closer than three (3) feet to either the front lot line or the side lot line, with design review approval by the Zoning Administrator pursuant to Larkspur Municipal Code Section 18.64.020.
B. Side Yards. Not closer than ten (10) feet to the street side lot line of a corner lot. On other than street side of corner lots, not closer than six (6) feet to the side lot line.
C. Rear Yards. No nearer than three (3) feet to any rear lot line. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(35), 2007; Ord. 929 § 22, 2004; Ord. 295 § 96, 1962)
Repealed by Ord. 1079.
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, or for any building listed on the National Register or Larkspur’s Inventory of Historic Resources, review and recommendation by the Heritage Preservation Board, per Larkspur Municipal Code Chapter 18.19. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(36), 2007; Ord. 933 § 1, 2004)
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 § 98, 1962)
When a new dwelling is constructed, or a main building is structurally altered or the use is substantially changed, the minimum number of off-street parking spaces to be provided on the lot shall be as indicated in Larkspur Municipal Code Chapter 18.56. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(37), 2007; Ord. 313 § 2, 1965; Ord. 295 § 99, 1962)
Any property or properties having an average percent of slope (as calculated pursuant to Larkspur Municipal Code Section 18.34.030) equal to or exceeding ten (10) percent shall be subject to the regulations set forth in Larkspur Municipal Code Chapter 18.34. (Ord. 1030 § 2(12), 2018; Ord. 471 § 1 (part), 1973)
A. The following usable outdoor areas shall be required for all residential uses in the R-3 District: three hundred (300) square feet of usable outdoor area for every studio apartment, or three hundred (300) square feet of usable outdoor area for every one-bedroom dwelling unit, plus one hundred (100) square feet of usable outdoor area for each additional bedroom within the unit.
B. Usable outdoor area may consist of outdoor area on the ground, balcony deck or roof deck, all of which are designed and accessible for outdoor living and recreation, complying with the following provisions:
1. Areas included in computing usable outdoor area shall be either common or private, or a combination of both.
2. Common usable outdoor area is an on-site area of lawn, pool, garden court, or deck, which is readily and safely accessible to all dwelling units via a walk, path or stairway. Such required space shall be no less than three hundred (300) square feet in area and have no dimension less than fifteen (15) feet.
3. Private usable outdoor area shall be contiguous and safely accessible only to the dwelling unit it serves, and shall have an area of at least one hundred fifty (150) square feet, if located at ground level, with no dimension less than six (6) feet.
4. Required parking areas, driveways and internal roadway systems, service areas and other areas similar in function shall not be included in computing usable outdoor area.
5. Each element of usable outdoor area shall be open on at least one side and shall have a clear vertical height of not less than seven (7) feet.
6. Not less than fifty (50) percent of the total required usable outdoor area shall be unobstructed to the sky.
7. Outdoor area shall be located on the same zoning plot as the dwelling units for which it is required. The computation of such outdoor area shall include no obstructions other than devices and structures designed to enhance its usability such as swimming pools, game courts, fountains, planters, benches and landscaping.
8. Areas with a slope greater than ten (10) percent are not allowed for computing usable outdoor area.
9. Areas which lie below the mean high water line as established by the United States Coast and Geodetic Survey are not allowed for computing usable outdoor area.
10. Commercial recreation shall not be construed as meeting the usable outdoor area requirement.
11. Those areas used to comply with the above standards shall not be used for dedicated open space easements or park and recreation lands per Larkspur Municipal Code Chapter 17.13. (Ord. 1030 § 2(12), 2018; Ord. 929 § 23, 2004; Ord. 508 § 1, 1975)
The maximum gross floor area for all properties in this district shall be as set forth in Larkspur Municipal Code Chapter 18.35, Residential Floor Area Ratios. (Ord. 1030 § 2(12), 2018; Ord. 687 § 3, 1983)
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 § 5, 1986)