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Larkspur City Zoning Code

18.45 TD

Transitional Downtown Regulations

The development of condominiums must meet 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.

18.45.010 Intent.

This district is intended to preserve the historic, human-scaled, pedestrian-oriented character of the downtown; preserve and enhance a mix of commercial, public and institutional, cultural, residential and professional office uses; enhance and increase the commercial vitality of the downtown; reinforce the image of the downtown as the “heart” of Larkspur and as a public gathering place, and create places and activities for all ages. The district is intended to continue and enhance the more modern commercial uses in the area, characterized by single use commercial and recreational buildings, relatively low building coverage and large amount of surface parking. (Ord. 1030 § 2(12), 2018; Ord. 841 § 2 (part), 1993)

18.45.020 Permitted Uses.

The following uses are permitted in the TD District:

A. Retail sales of products and services, including food and beverage retail sales as defined in Larkspur Municipal Code Section 18.08.258;

B. Restaurants and food services, including incidental outdoor seating to be located immediately adjacent to the restaurant/shop and not to exceed ten (10) seats;

C. Multifamily residential, including transitional and supportive housing;

D. Hotel/inn;

E. Offices, administrative or professional;

F. Banks and other financial institutions;

G. Community meeting facility, clubhouse, lodge;

H. Church;

I. Government facility or office;

J. Movie theater;

K. Instructional services having no associated noise impact potential, such as language, fine arts/small craft work;

L. Mixed-use buildings, including those having one or two (2) residential units;

M. Incidental outdoor display of products associated with retail sales to be located immediately adjacent to the shop and not to exceed ten (10) square feet in area;

N. Other uses of a similar nature as determined by the Community Development Director;

O. Group homes;

P. Family day care homes;

Q. Accessory dwelling units and junior accessory dwelling units pursuant to Larkspur Municipal Code Chapter 18.23.

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. 1071 § 9, 2023; Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(54), 2007; Ord. 855 § 9 (part), 1993; Ord. 841 § 2 (part), 1993)

18.45.030 Conditional Uses.

The following uses may be permitted subject to securing a use permit in each case:

A. Schools, colleges, nursery school;

B. Instructional services having the potential for noise impacts such as classes in dance, aerobics or other fitness classes, martial arts, music;

C. Recreation, private, nonprofit or commercial;

D. Pet shops, pet grooming, veterinary;

E. Live entertainment, dancing, or amplified music;

F. Outdoor seating associated with a business operation exceeding ten (10) seats;

G. Business conducted out of doors or in nonpermanent shelter which is consistent with the intent of the district;

H. Temporary uses that are consistent with the intent of the district;

I. Gas station, motor vehicle repair and/or service including detailing;

J. Day care center;

K. Senior housing having less than one parking space per unit;

L. Other uses similar to the permitted and conditional uses, but having the potential for adverse impacts to public health and welfare including those by reason of noise, odor, traffic/parking congestion, use of toxic chemicals or substances;

M. Off-site parking required under the provisions of Larkspur Municipal Code Section 18.45.150 for the intensified use of a building/site or for new construction;

N. Development with a floor area ratio of 0.31 to 0.40:

1. In addition to the standard use permit findings in Larkspur Municipal Code Chapter 18.76, a use permit for floor area ratio of 0.31 to 0.40 shall include the finding: “The project provides adequate on-site parking and either exceptional architectural detailing and site design consistent with the intent of the Transitional Downtown design guidelines in the Downtown Specific Plan, or public amenities, or affordable housing.”

O. Conversion of existing residential units to commercial or office space;

P. Medical offices;

Q. Liquor store, tavern, or bar (not an adjunct use of a restaurant). (Ord. 1081 § 7, 2024; Ord. 1071 § 9, 2023; Ord. 1030 § 2(12), 2018; Ord. 939 § 11, 2004; Ord. 855 §§ 8, 9 (part), 1993; Ord. 841 § 2 (part), 1993)

18.45.040 Lot Area Required.

Each lot shall have frontage on a public street of not less than twenty (20) feet or shall have vehicular access to a public street by way of an easement of not less than twenty (20) feet in width. Except for lots of record, the lot area shall be large enough to provide parking spaces for existing and/or proposed uses under the standards listed in Larkspur Municipal Code Section 18.45.150(A). (Ord. 1030 § 2(12), 2018; Ord. 841 § 2 (part), 1993)

18.45.050 Building Height Limit.

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, or provides an architectural element consistent with the historic character of the building;

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 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. (Ord. 1030 § 2(12), 2018; Ord. 841 § 2 (part), 1993)

18.45.060 Percentage of Lot Coverage.

The TD District has no lot coverage requirement. (Ord. 1030 § 2(12), 2018; Ord. 841 § 2 (part), 1993)

18.45.070 Floor Area Ratio.

The maximum floor area ratio (FAR) in the TD District is 0.40. FAR calculations shall be rounded up or down to the nearest percent. For developments in excess of 0.30 FAR, refer to Larkspur Municipal Code Section 18.45.030. Second-story residential units over first-story commercial units are exempt from floor area ratio restrictions. Properties exceeding the maximum FAR on the effective date of 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:

A. The gross square footage of the original building(s) is not exceeded;

B. Reliable documentation to the satisfaction of the City of the square footage of the structure(s) immediately preceding the destruction can be provided;

C. The new construction meets all zoning code provisions;

D. Discretionary review permits are obtained; and

E. A building permit is obtained and reconstruction commences within five (5) years of the date of destruction.

Upon the request of the property owner, the Planning Commission may grant an extension to the five-year reconstruction period provided just cause is shown. (Ord. 1030 § 2(12), 2018; Ord. 939 § 12, 2004; Ord. 841 § 2 (part), 1993)

18.45.080 Slope and Hillside Development Regulations.

The provisions of Larkspur Municipal Code Chapter 18.34, Slope and Hillside Development Regulations, do not apply in the TD District. (Ord. 1030 § 2(12), 2018; Ord. 841 § 2 (part), 1993)

18.45.090 Yard Requirements for Main Structures.

A. Front Yard. Twenty (20) feet. Front yard setback must include at least eight (8) feet of landscaping at the property line. The remainder of the setback may be used for uncovered parking.

B. Side Yards. Six (6) feet. Ten (10) feet for a two-story building that is located on a lot abutting a residentially zoned district.

C. Rear Yards. Ten (10) feet, except for a lot that abuts a residentially zoned lot where the rear yard setback is twenty (20) feet. (Ord. 1030 § 2(12), 2018; Ord. 841 § 2 (part), 1993)

18.45.100 Yard Requirements for Accessory Buildings.

Front yard shall be the same as a main structure. There are no side or rear yard requirements for accessory buildings. (Ord. 1030 § 2(12), 2018; Ord. 841 § 2 (part), 1993)

18.45.110 Floor Area Required.

Repealed by Ord. 1079.

18.45.120 Design Review and Heritage Preservation Board Review.

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 § 3, 2004; Ord. 929 § 45, 2004; Ord. 841 § 2 (part), 1993)

18.45.130 Signs.

Signs shall be permitted only in accordance with Larkspur Municipal Code Chapter 18.60. (Ord. 1030 § 2(12), 2018; Ord. 841 § 2 (part), 1993)

18.45.140 Development Plan.

For construction of five thousand (5,000) gross square feet or more on a legally subdivided parcel, or the incremental development of five thousand (5,000) gross square feet or more during the course of five (5) years, the applicant shall submit a development plan to the Planning Commission for approval.

A. An application shall be submitted, authorized by the property owner, with a deposit on processing costs, and, unless waived in writing by the Community Development Director, the following materials:

1. A topographic map of the subject property or properties, prepared by a registered civil engineer or a licensed land surveyor, including metes and bounds description(s), locating existing buildings, land features, and trees.

2. A site plan, detailing the location of all functional use areas, such as parking areas; landscape areas, recreation or open space areas, plazas; auto, bicycle and pedestrian circulation routes; proposed buildings, existing buildings with notations on whether they are proposed to be retained or removed.

3. A preliminary grading plan showing existing and proposed contours, location and height of retaining walls, cut and/or fill areas depicted by shading or other clear means; a statement should accompany the plan estimating the total amount of material to be imported or exported from the site. A geotechnical report may be required.

4. Section(s) through the site and the proposed building(s).

5. Conceptual building elevations, indicating building height, length, width, and entry locations. Elevations shall include portions of adjacent building for comparison. Architectural details need not be submitted until the design review application is made.

6. Preliminary floor plans with exterior dimensions, denoting major access corridors, divisions of use (e.g., residential unit, office, retail, etc.).

7. Parking plan with details and dimensions sufficient to demonstrate compliance with handicap parking, loading space, bicycle rack, parking and loading area standards – Larkspur Municipal Code Sections 18.56.120 through 18.56.150 .

B. The Planning Commission shall consider testimony and evidence submitted in a public hearing, then approve, conditionally approve or deny the development plan based upon the following finding:

1. The project is consistent with:

a. The Larkspur General Plan;

b. The Downtown Specific Plan. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 929 §§ 46, 47, 2004; Ord. 841 § 2 (part), 1993)

18.45.150 Parking Requirements.

A. Parking Requirements for Construction Resulting in New/Additional Floor Area.

1. Construction of new building(s) or additions to existing buildings shall provide parking on site or, upon the granting of a use permit, off site through contribution to a parking assessment district or other means acceptable to the City. Parking shall be provided for the new/additional floor area only at the following rates:

Retail/service: 2.6 spaces per one thousand (1,000) gross square feet

Restaurant: 7.0 spaces per one thousand (1,000) gross square feet

Office: 2.5 spaces per one thousand (1,000) gross square feet

Residential: 1.0 space per dwelling unit

Hotel/inn: 1.0 space per guest bedroom

Senior housing: To the satisfaction of the Planning Commission based on unit mix, staffing, percentage of affordable units and other professional standards.

B. Parking Requirements for Existing Buildings. Unless sufficient parking is on site for all uses in all buildings at the rates established for new construction above in subsection (A)(1) of this section, intensified use of an existing building, as defined in subsections (B)(1), (2) and (3) of this section, requires additional on-site parking. In lieu of on-site parking, off-site parking may be provided through contribution to a parking assessment district or other means acceptable to the City, provided a use permit is first granted. Parking shall be provided for the intensified use area at the following rates:

1. The development of a residential use within an existing building requires one parking space per unit.

2. The use of a building or portion of a building as a hotel/inn requires the provision of one parking space for each guest bedroom.

3. When an existing building or portion thereof is used for a restaurant, or when an existing restaurant is incrementally expanded within the confines of the present building, 4.4 parking spaces per one thousand (1,000) gross square feet must be provided.

4. Conversion of existing residential units to commercial or office space requires the provision of parking at 2.5 parking spaces per one thousand (1,000) square feet of converted commercial or office space.

C. Nonconforming Parking Layout. Nonconforming parking layouts in existence on the effective date of this chapter may be retained.

D. Retention of Existing Parking. On-site parking which is required to meet the needs of the site uses shall be retained. Site need is defined as the number of parking spaces that can be calculated using the rates in subsection (A) of this section as applied to all buildings on the site. Such required parking may be reconfigured in conformance with subsections (B)(1) through (3) of this section. Required parking proposed to be discontinued from a site may be located off site through contributions to a parking assessment district or, provided a use permit is first granted, other means acceptable to the City.

E. Parking Geometrics and Bicycle Racks.

1. Development of parking spaces associated with intensified uses per subsection (B) of this section, shall be designed in conformance with Larkspur Municipal Code Section 18.56.150(A) through (C) , Dimensions of Parking Areas, Dimensions of Aisles and Driveways, and Turning Radii, Turn-Around Requirements.

2. Development of parking spaces associated with five thousand (5,000) gross square feet of new/additional construction per subsection (A) of this section shall be designed in conformance with Larkspur Municipal Code Section 18.56.140, Bicycle Parking Requirements, and Larkspur Municipal Code Section 18.56.150(A) through (C) , Dimensions of Parking Areas, Dimensions of Aisles and Driveways, and Turning Radii, Turn-Around Requirements.

3. Development of parking spaces required for new construction, additions or intensified uses shall not be in tandem with other parking spaces. (Ord. 1030 § 2(12), 2018; Ord. 939 § 13, 2004; Ord. 841 § 2 (part), 1993)

18.45.160 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. 841 § 2 (part), 1993)

18.45.170 Condominiums.

The development of condominiums must meet 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. 841 § 2 (part), 1993)