Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Housing topic
No spam. Unsubscribe anytime.
Planning commission recommends ADU ordinance update to align Larkspur code with state law
Summary
The commission voted to forward a revised accessory-dwelling-unit ordinance to city council that incorporates recent state law changes, clarifies by-right categories, and retains some local design standards while leaving size/bonus choices to local discretion.
The Larkspur Planning Commission on July 8 recommended that the City Council adopt an updated accessory dwelling unit (ADU) ordinance to reflect changes in state law, clarify definitions and streamline language for applicants.
Planning staff explained the overhaul responds to recent state-code changes that altered where ADU regulations sit in state law and the types of ADUs the city must approve without applying certain local standards. Staff proposed moving junior ADU rules into a standalone section, adding legalization provisions for pre‑Jan. 1, 2020 units, clarifying how ADU floor area is measured, and adjusting Larkspur’s floor‑area‑ratio (FAR) bonus so it applies consistently for new construction and additions.
"The primary reason for the update is to update state law code sections because the state moved where the ADU regulations are in state law," staff said, adding that many state-mandated "by-right" categories limit local discretion but that the city retained local design requirements where state law allows.
Zoom commenter James Holmes supported some elements but urged caution about making the local code looser than state requirements. "I would just like it to be clear on whether or not these changes include things that are both not mandated by the state and looser than the state requires," he said.
Commissioners asked detailed questions about the maximum number of units that could appear on a single-family parcel under worst-case scenarios, parking implications, and how bonus FAR calculations would interact with ADU counts. Staff and the city attorney said the city must allow certain ADUs under state law and can only apply limited local standards to by-right units.
A motion to recommend approval of the ADU ordinance as revised — including deleting an outdated Section 2 and adding clarified FAR text — passed on a roll-call vote. Commissioners asked staff to prepare clear handouts and materials to help the public understand which changes are state‑mandated and which are local choices.
Next steps: the commission’s recommendation will go to City Council; staff said they will provide explanatory materials and the city attorney will help confirm that the draft aligns with state requirements.
