Humboldt County Municipal Code § 312-42 Requests for Reasonable Accommodation for Residential Accessibility

This section implements goals, policies, and programs of the County’s adopted 2019 Housing Element of its General Plan. This section provides a procedure for individuals with disabilities to request reasonable accommodations, consistent with the California Fair Employment and Housing Act, California Government Code Section 11135, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (referred to in this section as the “Acts”), and as they may be amended from time to time. It is the intent of this section to meet the requirements of Federal and State law, including Affirmatively Furthering Fair Housing (AFFH), to ensure that individuals with disabilities have an equal opportunity to use and enjoy housing, including public and common use spaces, by allowing reasonable accommodation(s) with respect to the County’s land use and zoning regulations, policies, practices, and procedures and, if necessary, eliminate barriers in housing opportunities.

The provisions of this chapter shall apply to all housing types in any zoning district within the unincorporated areas of the County. This chapter is intended to apply to any person who requires a reasonable modification because of a disability. A request for a reasonable modification may include, but is not limited to, a modification or exception to the rules, standards and practices of this title for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability with equal opportunity to housing of their choice. In order to remove barriers to fair housing opportunities, a person with a disability, their authorized representative, or a provider or developer of housing for individuals with disabilities may request reasonable accommodation relating to the various land use and zoning laws, rules, policies, practices, and procedures of the County. A request for reasonable accommodation(s) may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. A request may be filed at any time that the accommodation(s) may be necessary to ensure equal access to housing. If the project for which the request is being made also requires some other planning or building permit or approval, then the applicant may file the request together with the application for such permit or approval.

“Person with a disability” is any person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. “Request for reasonable accommodations” means a request to modify land use, zoning and building regulations, policies, practices, or procedures in order to give individuals with disabilities an equal opportunity to use and enjoy a dwelling, so long as the requested accommodation would not require a fundamental alteration in the nature of the County’s land use and zoning regulations, policies, practices, and procedures, and the County’s certified Local Coastal Program.

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Planning and Building Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Planning and Building Department. All notices and forms shall be available in plain language and, with written or verbal notice at least seventy-two (72) hours prior, individuals with qualified communication disabilities may request an appropriate auxiliary aid or service, as described in the Humboldt County ADA Compliance Effective Communication Policy.

The applicant shall submit a request for reasonable accommodation to the Director or their designee. If the applicant cannot readily determine required information in subsections 312-42.5.1.4 through 312-42.5.1.6, the applicant may submit the request without this information and Planning and Building Department staff shall assist in finalizing this information to the extent possible.

obvious to the Director or their designee, then the applicant may provide verification through self-certification or a reliable third party consistent with Title 2, Division 4.1, Chapter 5, Subchapter 7, Article 18, Section 12178 of the California Code of Regulations.

disability-related need for the accommodation shall conform with Title 2, Division 4.1, Chapter 5, Subchapter 7, Article 18, Section 12178 of the California Code of Regulations.

accommodation; however, application fees for any related permit or variance application and any other permits that may be required to construct or otherwise implement the reasonable accommodation shall be required.

of a reasonable accommodation request to ensure the request process is accessible to the applicant. The act of County staff assisting with the completion of an accommodation request does not guarantee that the reasonable accommodation request will be granted by the Director or their designee.

accommodation request shall be kept confidential, shall be retained by the County in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, except as provided in subsection 312-42.9.

or deny applications for reasonable accommodation consistent with this section. When a request for reasonable accommodation is filed with the County, it shall be referred to the Director or their designee for review and consideration.

zoning clearance certificate or entitlement under Title III, Division 1, Chapter 2, Sections 312-3, 312-11, and 312-50 (Required Permits and Variances, Minor Deviations, Modifications and Extensions, and Amendments to the Zoning Regulations and Zoning Maps) and Division 2 of Title III (Subdivision) that may be necessary to construct or otherwise implement the reasonable accommodation, including grading and building permits. However, the request for a reasonable accommodation cannot be effectuated or implemented until a final decision is rendered on the required zoning clearance certificate or entitlement, including grading and building permits.

the submittal of a complete application and may (1) approve the accommodation request or an equally effective accommodation agreed upon with the requestor pursuant to subsection 312-42.8, or (2) deny the request in compliance with subsection 312-42.7.1.

land use entitlement, including grading and building permits, necessitates modification of the accommodation request, the applicant shall have the opportunity to modify the accommodation request and the right to appeal the Director’s or their designee’s determination on the modified accommodation request in accordance with subsection 312-42.9.

information in the completed reasonable accommodation application, the findings in subsection 312-42.7.1, and any additional information consistent with this section and/or State and Federal law. The Director or their designee shall consult with the County’s Americans with Disabilities Act (ADA) Coordinator during the review period.

reasonable accommodation, the Director or their designee may request further information consistent with the Acts and Title 2, Division 4.1, Chapter 5, Subchapter 7, Article 18, Section 12178 of the California Code of Regulations from the applicant. The request for further information shall be made in writing and specify in detail the information that is required. In the event that a request for additional information is made, the thirty (30) calendar day period for the Director or their designee to issue a decision shall be stayed until the applicant responds to the request.

regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

upon, but not limited to, the following findings, and made in writing:

opportunity to use and enjoy a specific dwelling;

zoning laws, policies or procedures of the County, and for housing in the Coastal Zone, the County’s certified Local Coastal Program;

nor would it cause substantial physical damage to the property of others. This finding shall be made unless objective evidence (not unsubstantiated inferences) suggests otherwise. Analysis must consider the following elements:

or of substantial physical damage to property of others;

damage to the property of others would actually occur; and

health or safety of others or substantial damage to the property of others.

designee may impose any nondiscriminatory conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by subsection 312-42.7.1. In order to impose conditions of approval, the Director or their designee shall engage in the interactive process with the applicant and meet the requirements of subsection 312-42.8. Additionally, the approved request for reasonable accommodation shall only be granted to an individual and shall not run with the land unless authorized pursuant to subsection 312-42.10.4.

working days of the Director’s or their designee’s written decision.

information upon which the decision is based.

right to request reasonable accommodations in the appeals process.

impose an undue financial and administrative burden on the County and/or would require a fundamental alteration to the zoning or building laws, policies or procedures of the County, the Director or their designee must engage in an interactive process with the person seeking the accommodation to determine if there is another reasonable accommodation that may provide an equivalent level of benefit.

entitlements, a decision by the Planning Director, or their designee, shall become final ten (10) calendar days after the date of the Director or their designee issues a decision, unless appealed to the Board of Supervisors by the applicant in accordance with subsection 312-42.9.3. In the event that the last date of appeal falls on a weekend, holiday or when County offices are closed, the next date such offices are open for business shall be the last date of appeal.

or their designee shall act on the request for reasonable accommodation, subject to the appeal process described in subsections 312-42.9.3 through 312-42.9.5. The appeal period shall run from the date of the denial of the variance, permit or other entitlement or denial of the reasonable accommodation request, whichever is later.

accommodation request, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination. All appeals shall contain a statement of the grounds for the appeal.

reasonable and necessary to ensure that the appeal process is accessible to the applicant.

shall be kept confidential and shall be retained by the County in a manner so as to respect the privacy rights of the applicant and not be made available for public inspection except as provided by Title 2, Division 4.1, Chapter 5, Subchapter 7, Article 18, Section 12176(e) of the California Code of Regulations.

determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed. Following the filing of an appeal, the Board of Supervisors shall hold a public hearing on the matter to consider the appeal consistent with the Ralph M. Brown Act, Title 5, Division 2, Part 1, Chapter 9, Sections 54950 through 54963 of the California Government Code and 2 CCR Section 12176(e). All determinations and conditions of approval on an appeal shall address and be based upon the same findings and requirements of subsections 312-42.7.1 and 312-42.7.2. A determination by the Board of Supervisors shall be final in all respects. Any appeal of the Board of Supervisor’s determination shall be governed by California Code of Civil Procedure Section 1094.6, as such section may be amended from time to time.

two (2) years after the date of grant if no time is specified, shall expire and be of no further effect, except:

provided an application requesting such extension is filed prior to its expiration date.

authorized construction, development, or use has commenced.

which it was granted has ceased or has been suspended for a consecutive period of two (2) or more years and may be required to be physically removed in accordance with subsection 312-42.7.2, unless the Director or their designee first determines that:

removed or altered to comply with this Zoning Ordinance; or

provide documentation that the subsequent occupants are qualifying persons with disabilities. Failure to provide the documentation within thirty (30) days following the date of a request by the reviewing authority shall constitute grounds for discontinuance by the County of a previously approved reasonable accommodation. (Ord. 2407, § 2, 12/16/2008; Ord. 2774, § 3, 10/21/2025) 312-43 through 312-49 (Sections Reserved for Future Use)