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Council introduces ADU code updates to align with recent state law and simplify permitting

Larkspur City Council · August 20, 2025
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Summary

The council introduced Ordinance 1090 to revise accessory dwelling unit rules for consistency with state changes, add clearer definitions, set review timelines and legalize pre‑2020 unpermitted ADUs for health and safety permitting; staff said the changes aim to simplify review and encourage lawful ADU creation.

Elise Smonian, Community Services Director, presented proposed amendments to the city’s accessory dwelling unit regulations to conform with state law and improve clarity for applicants. Smonian said the changes include moving definitions into a single section, clarifying which ADU types are permitted by right, and adding the state‑required review timelines for building‑department decisions.

Smonian told council the ordinance would also require the city to permit units built before Jan. 1, 2020, that had been operating without permits; those units would be legalized to meet health and safety standards but not the full building code for new construction. She also described a previously adopted floor‑area bonus (800 sq. ft.) to encourage ADU construction and said staff corrected prior wording so the bonus applies to both new construction and additions.

The council opened and closed the public hearing with no public speakers on this item and voted to waive further reading and introduce Ordinance 1090 by title only. Staff said permitting the pre‑2020 units may contribute to the city’s housing counts for state reporting and that the planning permit workload has been increasing (20 applications in 2023, 27 in 2024, 16 so far in 2025).