“Applicant” means an individual with a disability, their representative, or a developer or provider of housing for individuals with disabilities, when the application of a zoning or other land use regulation, policy, practice or procedure acts as a barrier to fair housing opportunities for individual(s) with disabilities.

“Director” means the Community Development Director or their designee.

“Disability” means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such impairment; or being regarded as having such an impairment. “Physical or mental impairment,” “major life activities,” “record of such impairment,” and “regarded as having such an impairment” are defined in 28 CFR, as amended.

“Fair housing laws” means the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.), including reasonable accommodation required by 42 U.S.C. 3604(f)(3)(B), and the California Fair Employment and Housing Act (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(1), as any of these statutory provisions now exist or may be amended from time to time.

“Reasonable accommodation” means providing individuals with disabilities or developers of housing for people with disabilities flexibility in the application of zoning or other land use regulations, policies, practices and procedures, or waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

“Reviewing authority” means the Community Development Director, or their designee, or the Planning Commission, as determined in compliance with Larkspur Municipal Code Section 18.82.050. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 984 § 2, 2012)

A. In order to make housing available to an individual with a disability, an applicant may request a reasonable accommodation in zoning and other land use regulations, policies, practices and procedures.

B. All requests shall be reasonable and limited to the minimum that the applicant believes is necessary to accommodate the disability. Requests for reasonable accommodation shall be in writing and provide the following information:

C. Any information identified by the applicant as confidential shall be retained by the City in a manner so as to respect the privacy rights of the individual with a disability and shall not be made available for public inspection.

D. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an applicant’s obligation to comply with other applicable regulations not at issue in the requested reasonable accommodation.

E. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

F. The fee for an application for reasonable accommodation shall be established by resolution of the City Council. (Ord. 1071 § 10, 2023; Ord. 1030 § 2(12), 2018; Ord. 984 § 2, 2012)

A. The housing which is the subject of the request for reasonable accommodation will be used by individual(s) with a disability protected under fair housing laws;

B. The requested accommodation is necessary to make housing available to individual(s) with a disability protected under the fair housing laws;

C. The requested accommodation would not impose an undue financial or administrative burden on the City;

D. The requested accommodation would not require a fundamental alteration in the nature of the City’s land use and zoning or building program; and

E. The requested accommodation would not have a specific, adverse impact upon the public health and safety. (Ord. 1071 § 11, 2023; Ord. 1030 § 2(12), 2018; Ord. 984 § 2, 2012)

A. The reviewing authority shall consider and act on requests for reasonable accommodation and shall issue a written decision on the request for reasonable accommodation. This written decision shall explain in detail the basis of the decision consistent with the criteria set forth in Larkspur Municipal Code Section 18.82.050.

All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth in Larkspur Municipal Code Section 18.82.070.

B. The reviewing authority shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Larkspur Municipal Code Section 18.82.050.

C. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. If additional information is required, a new thirty-day period will be triggered upon submittal of new information.

D. The written decision of the reviewing authority shall be final unless the applicant appeals in accordance with Larkspur Municipal Code Section 18.82.070.

E. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty-day time period the request shall be deemed granted.

F. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

G. If a reasonable accommodation request is granted, an applicant shall nevertheless have to obtain all other applicable zoning, land use, and building approvals. (Ord. 1071 § 12, 2023; Ord. 1030 § 2(12), 2018; Ord. 984 § 2, 2012)