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Larkspur introduces ordinance to align local code with state lot-split/duplex rules (SB9/SB450)
Summary
Council introduced, by first reading, draft amendments to municipal code chapters to conform with SB9/SB450; proposed changes remove an 800-sq.-ft. cap, drop a mandatory deed-restriction requirement, and apply objective T3 design standards. Public comment urged clarifying language about off-site improvements (metering), flag-lot exceptions and grading thresholds.
Larkspur 9999Oct. 1, 2025 9999The City Council introduced Ordinance 1091 on Oct. 1, a first reading of draft code amendments intended to bring Larkspur's single-family zoning rules into alignment with state laws (SB9 and SB450) that enable ministerial two-unit developments and lot splits.
Key proposed changes include removing a local 800-square-foot maximum for qualifying units, removing a requirement that new units created under the lot-split rules be deed-restricted affordable, applying the city's existing objective T3 design standards to ministerial SB9/SB450 projects, and clarifying ministerial review timelines.
A public commenter, Matt Papovich, urged careful drafting to avoid running afoul of state rules in narrow ways: he recommended ensuring the code does not require off-site improvements (such as utilities or meter extensions) before recording a parcel split, allowing waivers where frontage or site configuration (for example, flag lots) would otherwise make compliance infeasible, and reviewing the 25-cubic-yard cut-and-fill threshold that could preclude modest two-unit construction on sloped lots. "You can't require offsite improvements prior to recording the parcel split," Papovich told the council, and asked staff to review technical-assistance letters HCD sent to other jurisdictions for guidance.
Staff said the draft ordinance is intended as the first reading and that some of the issues raised (utility-meter installation vs. public sidewalk improvements) are legally distinct from prior HCD guidance; staff also noted that the draft allows administrative waivers where a frontage or topographic impossibility would otherwise bar a lot split or a two-unit project.
The council voted to introduce the ordinance by title and direct staff to continue refining the language; a subsequent meeting will include a second reading and possible adoption after additional technical review and any amendments the council requests.
Provenance: The ordinance discussion began during the public-hearing/ordinance-introduction portion of the Oct. 1 meeting (item 7.3 introduction: SEG 4431) and the council voted to introduce the ordinance by title at the same meeting (motion and vote: SEG 4791).
