1. Elevator and stairwell roof enclosures, chimneys, flues, and vents may exceed the height limit to the minimum extent necessary to allow for the normal function of such facility or appurtenance.

2. Towers and cupolas, occupying no more than twenty (20) percent of the total building footprint, may exceed the height limitation by no more than eight (8) feet. Such structures shall be subject to design review per Larkspur Municipal Code Chapter 18.64.

3. Church spires and flag poles and monuments located on nonresidential properties may exceed the height limit by fifty (50) percent.

1. The obstruction limits at intersections stated in subsection (B) of this section;

2. Three and one-half (3-1/2) feet when located in any front yard or street side yard, except that a decorative entry gate or arbor not exceeding five (5) feet in width, four (4) feet in depth, and eight (8) feet in height, with support pillars no larger than one foot by one foot, may be constructed in a front and/or street side yard; provided, that it is located outside the “clear vision triangle” described in subsection (B) of this section;

3. Six (6) feet when located in any yard other than those described in subsection (C)(1) and (2) of this section; however, an additional one foot of lattice or similar translucent material may be added if agreed to by abutting property owners.

1. Application and Fee. The application for fence height exception shall be made to the Zoning Administrator through the Planning Department. The application shall be accompanied by a fee in the amount established by City Council resolution. The submitted application shall include all required information and materials specified in the most up-to-date Planning Department informational handout for a fence height exception, including but not limited to evidence in support of the required findings.

2. Public Notice and Action.

3. Public Hearing. The Planning Commission shall consider the application and hear protests against and objections to the requested fence height exception and any other evidence which may be presented. The Planning Commission may approve, approve with conditions, continue, or deny the fence height exception application.

4. Required Findings. To approve the fence height exception application, the Planning Commission or Zoning Administrator, as applicable, shall make all of the following findings:

5. 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 Planning Commission’s action will not be final until the appeal period has lapsed.

6. Revocation. The Planning Commission may hold a duly noticed public hearing and revoke the fence height exception permit if it finds that the conditions of the original approval have not been complied with.

7. Expiration. A fence height exception permit shall expire two (2) years after the effective date of approval. (Ord. 1076 § 2 (Exh. A), 2024; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(12, 13), 2007; Ord. 935 § 2, 2004; Ord. 930 § 1, 2004; Ord. 929 § 13, 2004; Ord. 857 § 11, 1993; Ord. 589 § 1, 1978; Ord. 313 § 4.5, 1965; Ord. 295 § 23, 1962)

1. The City Manager may grant a temporary exception to allow moorage of vessels as may be necessary for construction and dredging.

2. A vessel moored alongside a legal, privately owned dock.

1. Roof-mounted solar panels shall be exempt from height limits, but shall be subject to design review pursuant to Larkspur Municipal Code Section 18.64.020.

2. Ground-mounted solar panels and associated equipment shall be subject to the setback requirements for accessory structures, and shall also be subject to the screening requirements described in Larkspur Municipal Code Section 18.16.280(K) to the extent feasible as to not impair the function of the solar energy system. Exceptions to the setback and screening requirements may be made through the conditional use permit or design review process. (Ord. 1069 § 5, 2023; Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(16), 2007)

1. Property Development Standards. The shelter shall conform to all property development standards of the zoning district in which it is located except as modified by these performance standards.

2. Shelter Capacity. The shelter shall contain a maximum of twenty (20) beds and shall serve no more than twenty (20) persons nightly.

3. Resident and Employee Parking. Emergency shelter parking standards shall comply with Larkspur Municipal Code Chapter 18.56.

4. On-Site Waiting and Intake Areas. Shelters shall provide five (5) square feet of interior waiting and client intake space per bed. Waiting and intake areas may be used for other purposes as needed during operations of the shelter.

5. On-Site Management. Management must be provided on site during hours of operation. Contact information for administrator and liaison shall be posted both inside and outside the facility for emergency purposes.

6. 

7. Proximity to Other Emergency Shelters. Emergency shelters shall be at least three hundred (300) feet apart.

8. Length of Stay. The length of stay per individual shall not exceed six (6) months.

9. Facility Lighting. External lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way.

10. Accessibility. All public use and common use areas shall be designed and constructed to comply with accessibility standards in compliance with the Americans with Disabilities Act.

11. Parking Facility Security. Parking facilities shall be designed to provide security for residents, visitors, and employees.

12. Common Facilities. The development may provide one or more of the following specific common facilities for exclusive use of the residents and staff:

1. Outdoor seasonal product sales, including Christmas tree lots, and pumpkin sale lots, for periods not exceeding forty-five (45) consecutive calendar days.

2. Trailers/mobile homes that provide residences for security personnel associated with any construction site or outdoor seasonal product sales.

3. Trailers/mobile homes that provide offices for the following temporary uses:

4. Fairs, festivals, concerts, farmers’ markets, swap meets or other special events when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities.

5. Similar temporary uses which, in the opinion of the Community Development Director, are compatible with the district and surrounding land uses.

1. Events that occur in theaters, meeting halls, or other permanent public assembly facilities, and that are consistent with the intended use of the structure.

2. Carnivals, fairs, bazaars, or other similar special events held on school premises or at religious institutions not more than four (4) times per year.

3. Civic events as permitted under Larkspur Municipal Code Section 18.16.240.

1. The operation of the requested use at the location proposed, and within the time period specified, will not be detrimental to the health, safety, morals, comfort, convenience or general welfare of persons residing or working in the neighborhood of such proposed use, nor be injurious to property or improvements in the neighborhood.

2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

3. The proposed site is adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate.

4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on site or at alternate locations acceptable to the Community Development Director or Zoning Administrator.

1. Temporary Parking Facilities. Appropriate traffic control measures and adequate temporary parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the City Traffic Engineer and the Police Department.

2. Nuisance Factors. Measures to control or mitigate potential nuisance factors such as noise, glare, or heat shall be provided to the satisfaction of the Planning Department.

3. Site Issues. The placement, height and size of temporary buildings, structures and equipment shall be reviewed by the Planning Department for consistency with base district regulations and other zoning ordinance requirements.

4. Sanitary/Medical Facilities. Sanitary and medical facilities shall be provided to the satisfaction of the County Health Department.

5. Trash/Litter Control. Adequate measures shall be taken for the collection, storage and removal of garbage, litter or debris from the site to the satisfaction of the Planning Department.

6. Signs. Any proposed signage for the temporary use shall comply with Larkspur Municipal Code Chapter 18.60, Signs, to the satisfaction of the Planning Department.

7. Hours of Operation. The use shall be limited in terms of operating hours and days to ensure compatibility with surrounding uses and neighborhood to the satisfaction of the Planning Department.

8. Performance Bonds. If deemed necessary by the Community Development Director or Zoning Administrator, a performance bond or other security deposit shall be submitted to the City Finance Department to assure that any temporary facilities are removed from the site within a reasonable time frame following the event and that the property is cleaned up and restored to its former condition.

9. Public Safety. Security and public safety measures shall be provided, including traffic control measures, if needed, to the satisfaction of the Police Department.

10. Compliance with Other Laws. Approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other laws. Any event that includes the preparation, sale or serving of food shall comply with Marin County Health Department standards and permit requirements. Any event including the serving or sale of alcoholic beverages shall comply with the requirements of the State Alcoholic Beverage Control Agency (ABC).

11. Other. Other conditions may be required as needed to ensure the proposed temporary use is managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of this section. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(18), 2007)

1. The establishment or operation of the proposed use, under the circumstances of the particular case, is essential or desirable to the public convenience or welfare;

2. The proposed use is consistent with the purposes and intent of this section.

1. The number of locations of retail on-sale and off-sale licenses in the neighborhood, and the proximity to other establishments selling alcoholic beverages including beer and/or wine;

2. The proximity to and possible detrimental effects on nearby schools, playgrounds, public parks, and other similar uses;

3. Traffic impacts, pedestrian circulation, lighting, noise, littering and trash disposal;

4. Public loitering, nuisance, conduct of illegal activities on and outside the premises, or other crime or law enforcement problems;

5. Hours of operation;

6. Availability of parking.

1. Allow the reuse of existing buildings as live/work space.

2. Allow for the construction of new buildings specifically designed for live/work.

3. Ensure that the permitted commercial uses shall not be interfered with or compromised by the live/work uses allowed under these regulations.

1. The minimum total gross square footage of a live/work space shall be seven hundred fifty (750) square feet.

2. Density for live/work space shall comply with the floor area ratio (FAR) for the underlying zoning district. The living portion of the space shall not be exempt from the FAR standards.

3. The workspace must meet the requirements of the building and fire code for the type of activity/use being undertaken.

The living portion of the unit shall be incidental to the workspace and the live/work space shall be maintained and classified as a business use. There shall be an interior connection between the live and work portions of the unit.

4. The parking and loading requirements for live/work shall be the same as for the similar commercial or industrial use for the commercial or industrial portion of the building or there shall be at least a minimum of one parking space per live/work unit, whichever is greater. Additional parking spaces may be required as determined by the Planning Commission, during the conditional use permit process.

5. The yard/setback requirements shall be the same as the base zoning designation.

6. The height limit requirements shall be the same as the base zoning designation.

7. The permitted work activities shall be in accordance with the base zoning designation.

8. The occupant of a live/work space, by selecting this type of occupancy, accepts the conditions found in the area including, but not limited to, industrial noise, pollution, fumes, dirt, traffic, and odors to the extent that they are permitted by law in the base district. The occupant and property owner should also be aware that a proposed activity or use might require building and fire code upgrades (e.g., firewalls, fire sprinklers). Conditions to this effect shall be recorded with the property and included in any lease agreement.

9. The live/work use must be in compliance with all applicable City performance standards and regulations.

10. There shall be no storage of flammable liquids or hazardous materials beyond that normally associated with a residential use. Storage of flammable liquids and hazardous materials beyond that normally associated with a residential use, such as for an artist studio, shall be allowed only through an approved conditional use permit and approval from the Fire Marshal and Chief Building Official.

11. The living space shall not be rented separately from the working space.

12. There shall be no signs or advertising in conjunction with a live/work facility, except as may be permitted pursuant to Larkspur Municipal Code Chapter 18.60.

13. Live/work units shall be occupied and used only by a business operator, or a family of which at least one member shall be the business operator. (Ord. 1069 § 5, 2023; Ord. 1030 § 2(12), 2018; Ord. 940 § 2, 2004)

1. Minimum requirements for construction materials are:

2. Enclosures shall be constructed to be as inconspicuous as possible, and the contents of such enclosures shall be screened from public view to the extent feasible.

3. Enclosures shall be architecturally consistent with the main structures.

4. The enclosures shall incorporate perimeter landscaping where feasible.

5. Signage identifying the types of recyclable materials accepted for collection shall be conspicuously posted within the enclosure.

6. Enclosures for residential developments should be designed to allow walk-in access by residents without requiring opening of any enclosure gates.

1. The public right-of-way upon which the parcel fronts;

2. Any dwelling;

3. Any building line on an adjoining parcel (i.e., the distance measured from the nearest edge of a primary or accessory structure on the adjoining parcel, or the required setback line on the adjoining parcel, whichever is closer to the common property line). (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(20), 2007)

1. No continuous, frequent, or repetitive odors are permitted that are perceptible at or beyond adjacent property lines. An odor detected no more than fifteen (15) minutes in any one-day period shall not be deemed to be frequent or repetitive for purposes of this regulation.

2. No dust or particulate matter shall be emitted that is detectable at or beyond adjacent property lines by a reasonable person without instruments.

3. Exhaust air ducts shall be located or directed away from abutting residentially zoned properties.

4. Health risk assessments in conformance with Bay Area Air Quality Management District Guidelines and State Office of Environmental Health Hazard Assessment policies and procedures shall be required to be submitted with a building permit application for any residential development or other use that would place sensitive receptors (“Sensitive Receptors”) within one thousand (1,000) feet of U.S. Highway 101 or within one thousand (1,000) feet of other uses generating toxic air contaminants. Sensitive Receptors include children, elderly, asthmatics, and others who are at a heightened risk of negative health outcomes due to exposure to air pollution. Measures identified by the health risk assessment to reduce potential exposure to particulate matter, carbon monoxide, diesel fumes, and other potential health hazards (such as air filtration systems), shall be incorporated into the building permit plans and installed prior to project occupancy.

5. Health risk assessments in conformance with Bay Area Air Quality Management District Guidelines and State Office of Environmental Health Hazard Assessment policies and procedures shall be required to be submitted with a building permit application for any projects that may result in additional toxic air contaminants that are located within one thousand (1,000) feet of Sensitive Receptors. The Community Development Director may increase the screening area distance on a case-by-case basis if an unusually large source of hazardous emissions is proposed or currently exists. Measures identified by the health risk assessment to reduce potential exposure to particulate matter, carbon monoxide, diesel fumes, and other potential health hazards (such as air filtration systems) shall be incorporated into the building permit plans and installed prior to project occupancy and use.

1. During the construction of a project, the construction site shall be secured by temporary fencing.

2. All portions of the construction site shall be watered as necessary to reduce emissions of dust and other particulate matter, and all stockpiles shall be covered. Public streets shall be kept dirt-free to the satisfaction of the Public Works Director.

3. All construction and transport equipment shall be muffled in accordance with state and federal laws and regulations, and the noise standards of Larkspur Municipal Code Chapter 9.54. Construction and transport equipment shall be operated so as to minimize exhaust emissions, and all trucks and construction equipment should be running only when necessary.

4. Hours of construction and grading activities shall be as stipulated in Larkspur Municipal Code Sections 9.54.060(E) and 15.20.190 ^*.

5. All water runoff from construction sites shall be controlled to the satisfaction of the Public Works Director, and in accordance with the Regional Water Quality Control Board standards.

6. At the end of construction, local road surfaces shall be returned to preconstruction condition to the satisfaction of the Public Works Director.

1. All exterior mechanical equipment, except window air conditioners, shall be screened from public view to the extent feasible, including from adjacent properties. Equipment to be screened includes, but is not limited to: heating and/or air conditioning units, water tanks, valves, backflow protection devices, and transformers. See Larkspur Municipal Code Chapter 18.51 for regulations regarding the screening of communication facilities.

2. Screening materials may be solid concrete, wood, or other opaque material, or a combination of fence/wall and landscaping, and shall effectively screen mechanical equipment to the extent feasible so that it is not readily visible from a public right-of-way or adjacent property, as approved by the Community Development Director.

3. Activities requiring outdoor storage must be screened from view to the extent feasible. Machinery or equipment, which, because of size and/or function, cannot practically be installed within an enclosed building, shall also be screened to the extent feasible.

“Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

“Homeless management information system” has the meaning defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

“Low-barrier navigation center” has the meaning defined in Government Code 65660, as may be amended from time to time.

“Low barrier” has the meaning defined in Government Code 65660, as may be amended from time to time.

“Use by right” has the meaning defined in Government Code 65660, as may be amended from time to time.

1. Notice indicating that a permit will be issued unless a written protest is received by the City within fifteen (15) days of the date of the notice shall be made by mail to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.

2. Notice of the meeting shall also be made by posting a notice on the property in question and on three (3) public noticing boards in the City of Larkspur.

1. A notice of the public meeting is to be given by mail at least ten (10) days prior to the date of the meeting to all property owners within three hundred (300) feet of the subject property using names and addresses appearing on the latest adopted Assessor’s roll of the county.

2. A notice of the meeting shall also be posted on the subject property.

3. The Planning Commission shall review the application and shall approve the application if it meets the development and operational standards in subsection (F) of this section.

4. The Community Development Director may act on the project, if necessary, to comply with the sixty (60) day time limit for action on the application.

1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system. (Ord. 1077 § 8, 2024)

1. Size. Units shall have a maximum floor area of four hundred (400) square feet.

2. Occupancy Limit. Each unit shall accommodate a maximum of two (2) persons.

3. Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every ten (10) units or fractional number thereof.

4. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

5. Kitchen. An SRO unit shall have a kitchen that meets minimum requirements of the adopted California Building Code.

6. Code Compliance. SRO units shall comply with all requirements of the adopted California Building Code in Larkspur Municipal Code Title 15. All units shall comply with all applicable accessibility and adaptability requirements.