A. The regulations of this chapter shall not be interpreted as rendering existing structures nonconforming.

B. Existing enclosed structures that do not conform to the standards of this chapter may be altered or reconstructed, provided:

C. Each of the following structures is excluded from the calculation to determine the maximum floor area, if they meet all other provisions of the Larkspur Municipal Code and no discretionary land use permits are required:

A. The maximum floor area ratio (FAR) standards for lots in the First, Second and Third Residential Districts are as listed in the second column of Table 35-1.

B. Lots with Slopes of Ten (10) Percent or Greater.

A. The maximum gross floor area of all enclosed structures on a lot shall not exceed the floor area ratio, as set forth in Larkspur Municipal Code Section 18.35.040, multiplied by the area of the lot, except as provided for in this section, or as allowed by an exception permit, pursuant to Larkspur Municipal Code Section 18.35.060.

B. In no case shall the application of this chapter reduce the gross floor area of a dwelling to less than minimum “living area required,” as prescribed in each residential zoning district’s regulations, plus a garage of four hundred (400) square feet for each single-family or duplex unit, and the minimum area required to provide covered parking for every multiple-family residential project. The additional gross floor area of the garages may not be transferred to the floor area of other structures.

C. Pursuant to California Government Code Section 66321(b)(3), the limit on maximum gross floor area of all enclosed structures on a lot shall not apply to an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) that meets the standards in Larkspur Municipal Code Section 18.23.050. However, if an application for an ADU or JADU under Larkspur Municipal Code Section 18.23.050 that meets the standards in California Government Code Section 65852.2(e) is combined with an application to construct or expand the primary residence for purposes other than the ADU or JADU, or if such an ADU or JADU is constructed before the application to expand the primary residence for unrelated reasons, the gross floor area added by the ADU or JADU would be counted in determining whether to allow the proposed construction or expansion of the primary residence that is unrelated to the ADU or JADU. The resulting limit on construction or expansion of the primary residence would potentially discourage an application for and construction of an ADU or JADU. To instead encourage the construction of ADUs and JADUs, the maximum gross floor area for the lot based on the floor area ratio standards in Larkspur Municipal Code Section 18.35.040 (not including additional floor area granted by exception or variance) may be increased by the number of square feet of the qualifying ADUs or JADUs, up to a maximum of eight hundred (800) square feet, for the purpose of constructing or expanding the primary residence only under the conditions set forth in the following subsection. The foregoing shall not be applied in a way that would result in the applicable floor area standard limiting the size of an ADU or JADU that meets the standards in Larkspur Municipal Code Section 18.23.050; it shall limit the increase in size of the newly constructed or expanded primary structure on the same lot only.

D. To increase the maximum gross floor area by the number of square feet of a qualifying ADU or JADU, up to a maximum of eight hundred (800) square feet, for the purpose of constructing or expanding the primary residence only, all of the following must be true:

E. In the event that an ADU or JADU is modified so that it no longer complies with the requirements under Larkspur Municipal Code Section 18.23.050 or this section (e.g., removal of the kitchen) any necessary permits shall be obtained to remove or legalize the additional gross floor area. (Ord. 1090 § 4, 2025; Ord. 1077 § 16, 2024; Ord. 1066 § 5, 2023; Ord. 1030 § 2(12), 2018; Ord. 931 § 1, 2004)

A. Subject to the following procedures, the Planning Commission may grant an exception permit to allow floor areas greater than provided for above; however, the Zoning Administrator may grant an exception permit for additions to or construction of a detached accessory structure on parcels zoned for single-family and duplex use that have a gross floor area of less than five hundred and one (501) square feet.

B. Application may be filed with the City by a property owner or their authorized representative for an exception to the FAR requirements. The application will be made to the Planning Department and be subject to fees as established by a resolution of the City Council.

C. Required Information. The applicant shall provide three (3) or more copies of the following information (additional copies will be required at the time of hearing):

D. Public Hearing. The Planning Commission shall hold a public hearing that has been noticed pursuant to the provisions of Larkspur Municipal Code Section 18.76.030. At this hearing the Commission shall consider the testimony of the applicant and any interested parties and then, based on the following findings, either approve, approve with conditions, or deny the application.

E. Required Findings. The Planning Commission or Zoning Administrator may only grant an exception to the FAR standards if the findings outlined in Larkspur Municipal Code Section 18.64.055 and the following findings can be made:

F. Appeal and Appeal Period. The decision of the Planning Commission may be appealed to the City Council pursuant to Larkspur Municipal Code Chapter 2.50. The Commission’s action will not be final until the appeal period has lapsed.

G. Revocation. The Planning Commission may hold a public hearing, noticed as required above, and revoke the exception permit if it finds that the conditions of the original approval have not been complied with.

H. Expiration. An exception permit shall expire two (2) years after the effective date of the Planning Commission’s action, or final discretionary approval, or at an alternative period specified by the approving body at the time of final discretionary approval. The applicant may apply to the Community Development Director for a one-year extension of the permit prior to its expiration date, and the Director shall grant the extension if they determine that no significant changes to information regarding the condition of the property and/or the surrounding district have occurred since the original approval. An additional one-year extension shall require an application to the Planning Commission, and shall be considered at a duly noticed public hearing. The applicant shall pay a fee for the extension hearing in an amount to cover the costs of processing, and the same criteria used by the Community Development Director for granting the extension shall apply. (Ord. 1062 § 14, 2022; Ord. 1051 § 4, 2020; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(46), 2007; Ord. 945 § 1, 2004; Ord. 933 § 2, 2004; Ord. 931 § 1, 2004; Ord. 929 § 36, 2004; Ord. 857 § 10, 1993; Ord. 818 § 1, 1991; Ord. 804 § 1, 1990)