42.7 FINDINGS AND DECISION

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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Title III Land Use and Development | Humboldt County Code

42.7.1 A decision to grant or deny a reasonable accommodation request shall be consistent with the Acts, based upon, but not limited to, the following findings, and made in writing:

42.7.1.1 The housing that is the subject of the requested accommodation will be used by an individual protected under the Acts;

42.7.1.2 The requested accommodation will afford an individual with a disability under the Acts an equal opportunity to use and enjoy a specific dwelling;

42.7.1.3 The requested accommodation would not impose an undue financial and administrative burden on the County;

42.7.1.4 The requested accommodation would not require a fundamental alteration to the land use or zoning laws, policies or procedures of the County, and for housing in the Coastal Zone, the County’s certified Local Coastal Program;

42.7.1.5 For housing in the Coastal Zone, the requested accommodation would not have significant adverse impacts on coastal resources; and

42.7.1.6 The requested accommodation would not constitute a direct threat to the health or safety of others, 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:

42.7.1.6.1 The nature, duration, and severity of the risk of a direct threat to the health or safety of others or of substantial physical damage to property of others;

42.7.1.6.2 The likelihood that a direct threat to the health or safety of others or substantial physical damage to the property of others would actually occur; and

42.7.1.6.3 Whether additional or reasonable accommodations would eliminate a direct threat to the health or safety of others or substantial damage to the property of others.

42.7.2 Conditions of Approval. In approving a request for reasonable accommodation, the Director or their 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.

42.7.3.1 Notice of decision on the request for reasonable accommodation shall be given within five (5) working days of the Director’s or their designee’s written decision.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

Page 75 of 1183

Title III Land Use and Development | Humboldt County Code

42.7.3.2 Notice shall be provided in accordance with subsection 312-6.7, Notice of Decision.

42.7.3.3 The notice shall include the Director’s or their designee’s written findings and any other relevant information upon which the decision is based.

42.7.3.4 The notice shall inform the applicant of the right to appeal and the procedures for appeal, and the right to request reasonable accommodations in the appeals process.