Restricted Commercial District Regulations
The regulations herein are applicable to properties zoned Restricted Commercial and are in addition to the regulations set forth in Larkspur Municipal Code Chapter 18.16. (Ord. 1030 § 2(12), 2018; Ord. 295 § 130, 1962)
The following uses are permitted in the C-1 District; provided, that all businesses, services and processes shall be conducted entirely within an enclosed structure, except for off-street parking and loading. Further, outdoor dining areas for adjacent restaurants are also allowed subject to securing a use permit where the following criteria are met: (A) The outdoor dining area is contiguous to the main restaurant; and (B) the outdoor dining area is owned and operated by the same person(s) as the main restaurant. Further, no service or storage yards are permitted in the C-1 District.
A. All uses permitted in the A-P District except those subject to use permits and emergency shelters.
B. The following stores and shops for the conduct of retail business:
1. Art, artists’ supplies and art and craft supply stores.
2. Bakery (retail only).
3. Barber shops and beauty shops.
4. Book stores.
5. Candy stores.
6. Cleaning and laundry agency (pickup and delivery only).
7. Clothing stores.
8. Drug stores.
9. Dry goods stores.
10. Florists.
11. Food stores.
12. Furniture stores.
13. Gift shops.
14. Hardware stores.
15. Household appliance stores.
16. 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.
17. Interior decorating shops.
18. Jewelry stores.
19. Millinery shops.
20. Music stores.
21. Nurseries and garden supply stores; provided, that all equipment, supplies and merchandise other than plants shall be kept within a completely enclosed structure and that fertilizer of any type shall be stored and sold in package form only.
22. Photographic supply stores.
23. Realtors and real estate sales offices.
24. Restaurants (not including “drive-in” service).
25. Self-service laundries.
26. Shoe repair shops.
27. Shoe stores.
28. Soda fountains.
29. Sporting goods stores.
30. Stationery and office supply stores.
31. Tailor and dressmaking shops.
32. Toy stores.
33. Knife, tool and other instrument repair and sharpening service.
34. Residential units above first-story commercial, including 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.
35. Incidental and accessory uses and structures on the same site with and necessary for the operation of a permitted use.
36. Food and beverage retail sales as defined in Larkspur Municipal Code Section 18.08.258.
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.
C. Instructional services having no associated noise impact potential, such as language, fine arts/small craft work. (Ord. 1081 § 5, 2024; Ord. 1079 § 11, 2024; Ord. 1078 § 10, 2024; Ord. 1077 § 5, 2024; Ord. 1071 § 9, 2023; Ord. 1030 § 2(12), 2018; Ord. 981 § 5, 2011; Ord. 953 § 1(52), 2007; Ord. 939 § 8, 2004; Ord. 815 § 1, 1991; Ord. 736 § 1, 1986; Ord. 675 § 1, 1982; Ord. 482 § 1, 1974; Ord. 467 § 2, 1973; Ord. 313 § 12, 1965; Ord. 295 § 131, 1962)
The following uses are permitted in the C-1 District, subject to securing a use permit in each case:
A. Automobile courts or motels.
B. Banks.
C. Churches.
D. Colleges and schools.
E. Gasoline service stations, not including automotive repair services; provided, that all operations except the sale of gasoline and oil shall be conducted within a building enclosed on at least three (3) sides.
F. Public utility or public service uses or buildings.
G. Hospitals.
H. Laundry and cleaning.
I. Liquor stores, taverns, and bars.
J. Live Entertainment. In addition to the findings of Larkspur Municipal Code Chapter 18.76, the Planning Commission’s decision on a use permit to allow live entertainment shall be based upon the following:
1. The noise level at the use’s property lines shall not exceed the levels established by the City. This determination shall be based upon studies prepared by an acoustical engineer or by other means deemed appropriate by the Planning Commission.
2. The off-street parking provided for the proposed use is adequate to serve the use.
3. The volume of the project’s traffic shall not exceed the capacity of the street system serving the use.
K. Outdoor dining for restaurants where the following criteria are met:
1. The outdoor dining area is contiguous to the main restaurant;
2. The outdoor dining area is owned and operated by the same person(s) as the main restaurant.
L. Day care center.
M. Live/work unit pursuant to Larkspur Municipal Code Section 18.16.260.
N. Retail or service business, consistent with the intent of the district, conducted out-of-doors or in a nonpermanent shelter.
O. Commercial recreation.
P. Instructional services having the potential for noise impacts such as classes in dance, aerobics or fitness, martial arts, music. (Ord. 1081 § 6, 2024; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(53), 2007; Ord. 940 § 3, 2004; Ord. 855 § 9 (part), 1993; Ord. 815 § 2, 1991; Ord. 736 § 2, 1986; Ord. 686 § 2, 1983; Ord. 675 § 2, 1982)
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 § 9, 1981)
Each main building shall be located on a lot having an area large enough to provide the required yards, parking spaces and loading space specified for the particular use. (Ord. 1030 § 2(12), 2018; Ord. 295 § 132, 1962)
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:
1. The height of the proposed building will be consistent with the pattern of development in the neighborhood;
2. The height exception will result in a building that is either functionally or aesthetically superior to what would have been allowed without the exception;
3. The exception will not result in a building with a floor area that is significantly larger than would have been achieved without the exception;
4. 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 § 133, 1962)
There is no lot coverage requirement in the C-1 District. (Ord. 1030 § 2(12), 2018; Ord. 295 § 134, 1962)
The maximum floor area ratio (FAR) in the C-1 District is 0.40, subject to the following exceptions:
A. Second-story residential units over first-story commercial units are exempt from floor area ratio restrictions.
B. Properties exceeding the maximum FAR on the effective date of the ordinance codified in this chapter shall not be considered nonconforming. If such buildings are damaged or destroyed, floor area equal to the building(s)’ original size may be reconstructed, provided:
1. The floor area of the reconstructed or altered structure does not exceed that of the original.
2. The reconstruction or alteration otherwise meets the provisions of the Larkspur Municipal Code.
C. 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:
1. The architectural space is an amenity and publicly accessible such as, but not limited to, an atrium lobby.
2. The architectural space will not increase the traffic generation of the structure.
3. The design of the proposed building has been determined to be consistent with Larkspur Municipal Code Chapter 18.64, Design Review.
D. 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.
E. Noticing for Exceptions. Public hearings for this exception shall be noticed as required for use permits in Larkspur Municipal Code Section 18.76.030. (Ord. 1030 § 2(12), 2018; Ord. 939 § 9, 2004; Ord. 933 § 3, 2004; Ord. 929 § 44, 2004)
Yard requirements for the main structure in the C-1 District are as follows:
A. Front Yard. Minimum depth of ten (10) feet, no part of which can be used for off-street parking.
B. Side Yards. No side yards are required, except under the following conditions:
1. The street side yard on a corner lot adjoining property in an R District or an A-P District shall be ten (10) feet minimum.
2. Where the side property line of a site adjoins property in an R District, the minimum side yard shall be forty (40) feet, of which the ten (10) feet adjoining the property line shall be landscaped and/or fenced as required by the Planning Commission.
3. Where the side property line of a site adjoins property in an A-P District, the minimum side yard shall be twenty (20) feet, of which the five (5) feet adjoining the property line shall be landscaped and/or fenced as required by the Planning Commission.
C. Rear Yard. No rear yard is required except under the following conditions:
1. Where the rear property line of a site adjoins property in an R District or A-P District, the minimum rear yard shall be twenty (20) feet, of which the five (5) feet adjoining the property line shall be landscaped and/or fenced as required by the Planning Commission. (Ord. 1030 § 2(12), 2018; Ord. 295 § 135, 1962)
Accessory structures may be built within yards as follows:
A. Front Yard. None, other than freestanding signs.
B. Side Yard. No accessory structures shall be constructed on the street side yard of a corner lot or in the required side yard of a site which adjoins property in an R District or A-P District.
C. Rear Yard. No accessory structures shall be constructed in the required rear yard of a site which adjoins property in an R District or A-P District. (Ord. 1030 § 2(12), 2018; Ord. 295 § 136, 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, review and recommendation by the Heritage Preservation Board, per Larkspur Municipal Code Chapter 18.19. (Ord. 1030 § 2(12), 2018; Ord. 933 § 1, 2004)
Signs are permitted only in accordance with Larkspur Municipal Code Chapter 18.60. (Ord. 1030 § 2(12), 2018; Ord. 352 § 2, 1968; Ord. 295 § 138, 1962)
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 except that for residential units above first-story commercial the parking requirement shall be one parking space per dwelling unit. (Ord. 1030 § 2(12), 2018; Ord. 939 § 10, 2004; Ord. 313 § 2, 1965; Ord. 295 § 139, 1962)
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 § 9, 1986)
Restricted Commercial District Regulations
The regulations herein are applicable to properties zoned Restricted Commercial and are in addition to the regulations set forth in Larkspur Municipal Code Chapter 18.16. (Ord. 1030 § 2(12), 2018; Ord. 295 § 130, 1962)
The following uses are permitted in the C-1 District; provided, that all businesses, services and processes shall be conducted entirely within an enclosed structure, except for off-street parking and loading. Further, outdoor dining areas for adjacent restaurants are also allowed subject to securing a use permit where the following criteria are met: (A) The outdoor dining area is contiguous to the main restaurant; and (B) the outdoor dining area is owned and operated by the same person(s) as the main restaurant. Further, no service or storage yards are permitted in the C-1 District.
A. All uses permitted in the A-P District except those subject to use permits and emergency shelters.
B. The following stores and shops for the conduct of retail business:
1. Art, artists’ supplies and art and craft supply stores.
2. Bakery (retail only).
3. Barber shops and beauty shops.
4. Book stores.
5. Candy stores.
6. Cleaning and laundry agency (pickup and delivery only).
7. Clothing stores.
8. Drug stores.
9. Dry goods stores.
10. Florists.
11. Food stores.
12. Furniture stores.
13. Gift shops.
14. Hardware stores.
15. Household appliance stores.
16. 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.
17. Interior decorating shops.
18. Jewelry stores.
19. Millinery shops.
20. Music stores.
21. Nurseries and garden supply stores; provided, that all equipment, supplies and merchandise other than plants shall be kept within a completely enclosed structure and that fertilizer of any type shall be stored and sold in package form only.
22. Photographic supply stores.
23. Realtors and real estate sales offices.
24. Restaurants (not including “drive-in” service).
25. Self-service laundries.
26. Shoe repair shops.
27. Shoe stores.
28. Soda fountains.
29. Sporting goods stores.
30. Stationery and office supply stores.
31. Tailor and dressmaking shops.
32. Toy stores.
33. Knife, tool and other instrument repair and sharpening service.
34. Residential units above first-story commercial, including 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.
35. Incidental and accessory uses and structures on the same site with and necessary for the operation of a permitted use.
36. Food and beverage retail sales as defined in Larkspur Municipal Code Section 18.08.258.
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.
C. Instructional services having no associated noise impact potential, such as language, fine arts/small craft work. (Ord. 1081 § 5, 2024; Ord. 1079 § 11, 2024; Ord. 1078 § 10, 2024; Ord. 1077 § 5, 2024; Ord. 1071 § 9, 2023; Ord. 1030 § 2(12), 2018; Ord. 981 § 5, 2011; Ord. 953 § 1(52), 2007; Ord. 939 § 8, 2004; Ord. 815 § 1, 1991; Ord. 736 § 1, 1986; Ord. 675 § 1, 1982; Ord. 482 § 1, 1974; Ord. 467 § 2, 1973; Ord. 313 § 12, 1965; Ord. 295 § 131, 1962)
The following uses are permitted in the C-1 District, subject to securing a use permit in each case:
A. Automobile courts or motels.
B. Banks.
C. Churches.
D. Colleges and schools.
E. Gasoline service stations, not including automotive repair services; provided, that all operations except the sale of gasoline and oil shall be conducted within a building enclosed on at least three (3) sides.
F. Public utility or public service uses or buildings.
G. Hospitals.
H. Laundry and cleaning.
I. Liquor stores, taverns, and bars.
J. Live Entertainment. In addition to the findings of Larkspur Municipal Code Chapter 18.76, the Planning Commission’s decision on a use permit to allow live entertainment shall be based upon the following:
1. The noise level at the use’s property lines shall not exceed the levels established by the City. This determination shall be based upon studies prepared by an acoustical engineer or by other means deemed appropriate by the Planning Commission.
2. The off-street parking provided for the proposed use is adequate to serve the use.
3. The volume of the project’s traffic shall not exceed the capacity of the street system serving the use.
K. Outdoor dining for restaurants where the following criteria are met:
1. The outdoor dining area is contiguous to the main restaurant;
2. The outdoor dining area is owned and operated by the same person(s) as the main restaurant.
L. Day care center.
M. Live/work unit pursuant to Larkspur Municipal Code Section 18.16.260.
N. Retail or service business, consistent with the intent of the district, conducted out-of-doors or in a nonpermanent shelter.
O. Commercial recreation.
P. Instructional services having the potential for noise impacts such as classes in dance, aerobics or fitness, martial arts, music. (Ord. 1081 § 6, 2024; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(53), 2007; Ord. 940 § 3, 2004; Ord. 855 § 9 (part), 1993; Ord. 815 § 2, 1991; Ord. 736 § 2, 1986; Ord. 686 § 2, 1983; Ord. 675 § 2, 1982)
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 § 9, 1981)
Each main building shall be located on a lot having an area large enough to provide the required yards, parking spaces and loading space specified for the particular use. (Ord. 1030 § 2(12), 2018; Ord. 295 § 132, 1962)
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:
1. The height of the proposed building will be consistent with the pattern of development in the neighborhood;
2. The height exception will result in a building that is either functionally or aesthetically superior to what would have been allowed without the exception;
3. The exception will not result in a building with a floor area that is significantly larger than would have been achieved without the exception;
4. 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 § 133, 1962)
There is no lot coverage requirement in the C-1 District. (Ord. 1030 § 2(12), 2018; Ord. 295 § 134, 1962)
The maximum floor area ratio (FAR) in the C-1 District is 0.40, subject to the following exceptions:
A. Second-story residential units over first-story commercial units are exempt from floor area ratio restrictions.
B. Properties exceeding the maximum FAR on the effective date of the ordinance codified in this chapter shall not be considered nonconforming. If such buildings are damaged or destroyed, floor area equal to the building(s)’ original size may be reconstructed, provided:
1. The floor area of the reconstructed or altered structure does not exceed that of the original.
2. The reconstruction or alteration otherwise meets the provisions of the Larkspur Municipal Code.
C. 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:
1. The architectural space is an amenity and publicly accessible such as, but not limited to, an atrium lobby.
2. The architectural space will not increase the traffic generation of the structure.
3. The design of the proposed building has been determined to be consistent with Larkspur Municipal Code Chapter 18.64, Design Review.
D. 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.
E. Noticing for Exceptions. Public hearings for this exception shall be noticed as required for use permits in Larkspur Municipal Code Section 18.76.030. (Ord. 1030 § 2(12), 2018; Ord. 939 § 9, 2004; Ord. 933 § 3, 2004; Ord. 929 § 44, 2004)
Yard requirements for the main structure in the C-1 District are as follows:
A. Front Yard. Minimum depth of ten (10) feet, no part of which can be used for off-street parking.
B. Side Yards. No side yards are required, except under the following conditions:
1. The street side yard on a corner lot adjoining property in an R District or an A-P District shall be ten (10) feet minimum.
2. Where the side property line of a site adjoins property in an R District, the minimum side yard shall be forty (40) feet, of which the ten (10) feet adjoining the property line shall be landscaped and/or fenced as required by the Planning Commission.
3. Where the side property line of a site adjoins property in an A-P District, the minimum side yard shall be twenty (20) feet, of which the five (5) feet adjoining the property line shall be landscaped and/or fenced as required by the Planning Commission.
C. Rear Yard. No rear yard is required except under the following conditions:
1. Where the rear property line of a site adjoins property in an R District or A-P District, the minimum rear yard shall be twenty (20) feet, of which the five (5) feet adjoining the property line shall be landscaped and/or fenced as required by the Planning Commission. (Ord. 1030 § 2(12), 2018; Ord. 295 § 135, 1962)
Accessory structures may be built within yards as follows:
A. Front Yard. None, other than freestanding signs.
B. Side Yard. No accessory structures shall be constructed on the street side yard of a corner lot or in the required side yard of a site which adjoins property in an R District or A-P District.
C. Rear Yard. No accessory structures shall be constructed in the required rear yard of a site which adjoins property in an R District or A-P District. (Ord. 1030 § 2(12), 2018; Ord. 295 § 136, 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, review and recommendation by the Heritage Preservation Board, per Larkspur Municipal Code Chapter 18.19. (Ord. 1030 § 2(12), 2018; Ord. 933 § 1, 2004)
Signs are permitted only in accordance with Larkspur Municipal Code Chapter 18.60. (Ord. 1030 § 2(12), 2018; Ord. 352 § 2, 1968; Ord. 295 § 138, 1962)
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 except that for residential units above first-story commercial the parking requirement shall be one parking space per dwelling unit. (Ord. 1030 § 2(12), 2018; Ord. 939 § 10, 2004; Ord. 313 § 2, 1965; Ord. 295 § 139, 1962)
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 § 9, 1986)