Article 5 — Chapter 17.100 — Tuolumne County Zoning Code

PERMITS AND PROCEDURES

Sections:

17.100.010 Purpose. 17.100.020 Zoning Clearance. 17.100.030 Site Development Permit. 17.100.040 Planned Unit Development. 17.100.050 Use Permit. 17.100.060 Temporary Use Permit. 17.100.070 Minor Modifications. 17.100.080 Reasonable Accommodation. 17.100.090 Variance. 17.100.100 Emergency Permits. 17.100.110 General Plan and Zoning Ordinance. 17.100.120 Home Occupation Permit. 17.100.130 Similar Use Determination. 17.100.140 Specific Plan. 17.100.150 Community Plan.

Purpose. The purpose of this Chapter is to establish permit types and procedures necessary for the efficient processing of land use and development applications, permits, and other approvals.

Zoning Clearance . The Zoning Clearance process is intended to ensure that all new and modified uses and structures comply with applicable provisions of this Zoning Ordinance, using administrative procedures and a thorough but typically "over-the-counter" planning approval for Building Permits, and other County applications that require approval from a different County department and can be processed by the Community Development Department in a relatively short time.

A. Applicability. A Zoning clearance by the Director or designee is required for the following actions:

Ministerial actions:

a. All structures that require a Building Permit. b. Housing projects in R-2, R-3, M-U, C-1, and C-O that comply with the County’s adopted Objective Site and Design Standards that request relief from minimum lot

size, building intensity, floor rea ratio, parking requirements, and setbacks.

c. Discretionary actions:
- a. All planning permit approvals to ensure compliance with applicable conditions of approval.
- b. ABC license c. Stormwater review from Public Works department
- d. Other County applications that may be subject to the provisions of this County Code of Ordinances, including, but not limited to, encroachment, and grading and improvement plans.

B. Application. Zoning Clearance does not require a separate application through the Community Development Department.

C. Approving Authority. A zoning clearance is processed as part of the related County action, such as a Building Permit application.

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D. Notification. No public hearing or public notice is required for review of a Zoning Clearance.

E. Conditions of Approval. The Director or designee may impose requirements on discretionary actions that require Zoning Clearance to ensure compliance with this Zoning Ordinance and to prevent adverse or detrimental impact to the surrounding neighborhood.

F. Findings for Approval. Zoning Clearance shall be granted only when the Director or designee finds the proposal to be in conformance with all applicable provisions of this Zoning Ordinance.

G. Notice of Decision. Approval of a Zoning Clearance shall be issued as part of the related action, such as a Building Permit application. No separate written notice of decision is required by the Community Development Department.

H. Effective Date. A Zoning Clearance is effective immediately following approval of the related action, such as a Building Permit application.

I. Appeals. Zoning Clearances are a ministerial action and are not subject to appeal, regardless of whether a related action is appealable.

J. Expiration. An approved Zoning Clearance does not expire, but may be associated with other entitlements that may expire.

K. Amendments. Any amendments affecting an approved Zoning Clearance shall be handled as a new Zoning Clearance review.

Site Development Permit. The Site Development Permit process is intended to ensure that certain types of proposed developments will serve to achieve a design that is consistent with the purpose for that land use.

A. Applicability.

Permit Required. A Site Development Permit shall be secured prior to construction or expansion (of a use or structure) of the following unless exempted as provided in this section:

a. Building projects in any C-K (commercial recreational), C-O (neighborhood commercial), C-1 (general commercial), C-2 (heavy commercial), C-S (special commercial), BP

(business park), M-1 (light industrial), M-2 (heavy industrial), K (general recreational), R-2 (medium-density residential), R-3 (multiplefamily residential) or MU (Mixed-Use) District.

Exceptions. No Site Development Permit shall be required:

a. When the Director issues a written waiver before construction consisting of exterior repair, construction consisting exclusively of interior remodeling, construction that adds less than 50 percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less, or construction that adds appurtenances, such as fences or overhangs, to exterior areas used for the operation of a permitted use on the site prior to the addition;

b. When the Director issues a written waiver before development for which a Development Agreement, Use Permit, or Planned Unit Development Permit has been issued; c. For construction of residential units; d. For construction of an emergency shelter in any R-2, R-3, C-O, C-1, or M-U District;

e. Commercial structures consistent with zoning designation and general plan land use designations that are less than 10,000 square feet in floor area and meet objective site and design standards. The project shall not involve the use of significant amounts of

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hazardous substances, shall have all the necessary public services and facilities available or can be made available, shall not be within 200 feet of a residential property, shall have primary access from a state highway, countymaintained road, or special districtmaintained road, shall meet standards for parking, lighting, and accessibility, and shall demonstrate community design consistency related to roof, façade, windows and doors, color, and architectural details. The project shall also not result in a condition described in Cal. Code Regs. Tit. 14, § 15300.2.

B. Application.

Application Filing and Processing. Applications for a Site Development Permit shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.
Application Requirements. Evaluation of the application’s request for a Site Development Permit will require plans, elevations, and other information as necessary to show the location and details of the proposed use of land or structures.
Application Completeness Review. An application completeness review will be conducted within 30 days of application submittal. The determination of whether further environmental review is required will be made as part of the completeness review.

C. Approving Authority. Site Development Permits shall be approved by the specified approving authority as designated in Table

17.96.1, Approving Authority for Land Use Permits. These permits may be granted by the Director or referred to the Planning Commission. The decision to refer the application to the Commission will be based on potential project impacts. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Site Development Permit application.

D. Notification. Public notice pursuant to Section 17.98.110, Public Hearing and Public Notice, is required for all Site Development Permits referred to the Planning Commission. No public hearing is required for Site Development Permits where the Director is the approving authority.

E. Conditions of Approval. The approving authority shall review the application and may impose conditions in order to achieve the purposes of this Zoning Ordinance, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

F. Findings for Approval. Before approving or conditionally approving any such application; the approving authority shall find that under the circumstances of the particular case; the proposed development will not be detrimental to the health, safety, or general welfare of persons residing or working in the

neighborhood of the proposed use. No Site Development Permit shall be issued unless it is consistent with the Tuolumne County General Plan.

G. Notice of Decision. Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:

The application request as acted upon by the Director.
The action taken by the Director.
Findings as listed for the permit.
The deadlines, criteria, and fees for filing an appeal.

H. Effective Date. Site Development Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

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I. Appeals. Appeal of an action made
pursuant to this Chapter shall be filed in accordance with Chapter 17.102.
- J. Expiration.

Site Development Permits shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 17.98.120, Permit Time Limits, Expiration, and Extensions.
1. Exceptions. A Site Development Permit for a public utility installation may be valid for a longer period if specified by the approving authority.

K. Extension of Time. The expiration date of
a Site Development Permit may be extended in accordance with Section 17.98.120, Permit Time Limits, Expiration, and Extensions.

L. Amendments. An applicant may request an amendment to a Site Development Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 17.98.130, Amendments to Previously Approved Permits.

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Planned Unit Development. The

purpose of a Planned Unit Development Permit process is intended to encourage the creative use of land by permitting carefully controlled relief from the strict application of some provisions for development in this code. It is the intent of this section to carry out the general purposes of this code by continuing to observe adequate standards related to public safety, health, and general welfare without inhibiting the advantages of modern imaginative site planning and to implement the following objectives:

To provide a more desirable living environment;
To encourage creative approaches to the development of land;
To encourage the observation of and the appropriate use of open space;
To encourage variety in the physical development of the county; and
To conserve cultural and natural resources.
A. Applicability. Within any principal zoning
district with which a Planned Unit Development Combining (PD) District has been overlain, the structures permitted and the regulations applying to such structures as set forth in this

code may be modified or supplemented by a Planned Unit Development Permit.

B. Application.

Application Filing and Processing. Applications for a rezoning and Planned Unit Development Permit shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.

C. Approving Authority. Planned unit developments shall be approved by the specified approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve or deny an application for a planned unit development.

D. Notification. Public notice pursuant to Section 17.98.110, Public Hearing and Public Notice, is required for all Planned Unit Development Permits.

E. Conditions of Approval. In approving a Planned Unit Development Permit, the approving body shall require that the use and development of the property conform with a site plan, architectural drawings, and statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety, or general welfare and to secure the objectives of the General Plan. The approving body may impose conditions as may be necessary to achieve these purposes:

Setbacks, yard areas, and open spaces.
Fences, walls, and screening.
Building materials, building scale, built-in fire protection, and architectural treatments.
Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 17.30, Off Street Parking.
Common and private open space, landscape, and maintenance of landscape and grounds.
Such other conditions as may be determined to ensure that development will be in accordance with the intent and purposes of this section and the General Plan.

F. Findings for Approval. Before approving
or conditionally approving any application for a

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Planned Unit Development Permit, the Planning Commission and Board of Supervisors shall make the following findings:

The proposed planned unit development is consistent with the Tuolumne County General Plan;
The proposed planned unit development will not overburden existing public facilities;
The size and terrain of the parcel are suitable for the proposed planned unit development;
Under the circumstances of the particular case, the proposed planned unit development will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed development, or be detrimental or injurious to property or improvements in the neighborhood;
Under the circumstances of the particular case, the advantages of an efficient, integrated, and well-planned development are sufficient to justify exemption from the normal application of this code; and
Under the circumstances of this particular case, the public benefit derived from the development proposed in the Planned Unit Development Permit can be quantified and is sufficient to justify exemption from the normal application of this code.

The application request as acted upon by the Planning Commission or Board.
The action taken by the Planning Commission or Board.
Findings as listed for the permit.
The deadlines, criteria, and fees for filing an appeal.

H. Effective Date. Planned unit

developments shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

I. Appeals. Appeal of an action made pursuant to this Chapter shall be filed in accordance with Chapter 17.102.

J. Expiration. Planned developments shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 17.98.120, Permit Time Limits, Expiration, and Extensions. When a Planned Unit Development Permit is approved in conjunction with the execution of a development agreement, the time limits shall be extended for the period provided for in the development agreement, but not beyond the duration of the agreement.

K. Extension of Time. The expiration date of a Planned Unit Development Permit may be extended in accordance with Section 17.98.120, Permit Time Limits, Expiration, and Extensions.

L. Amendments. An applicant may request an amendment to a Planned Unit Development Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 17.98.130, Amendments to Previously Approved Permits.

Use Permit. The Use Permit process is intended to allow the proper integration in the community of uses that may be suitable only on certain conditions in specific locations in a zoning district or when a site has certain unusual characteristics.

A. Applicability. A Use Permit is required prior to establishment or construction of any use so designated in the applicable zoning district. Use Permits may be transferred by the permittee to another person but not to another location.

B. Application.

Application Filing and Processing. Applications for a Use Permit shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.

C. Approving Authority. Use Permits shall be approved by the specified approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Use Permit application.

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D. Notification. Public notice pursuant to Section 17.98.110, Public Hearing and Public Notice, is required for all Use Permits.

E. Conditions of Approval. In approving an application for a Use Permit, the approving authority may impose reasonable and appropriate conditions to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include:

Requirements for special building setbacks, open spaces, buffers, fences, walls, and screening.
Requirements for installation and maintenance of landscaping and erosion-control measures.
Requirements for street and other infrastructure improvements and related dedications.
Regulation of vehicular ingress, egress, and traffic circulation.
Regulation of hours of operation or other characteristics of operation.
Requirements for security.
Requirements for periodic review.
Other conditions as may be deemed necessary to make the findings required by this section.

F. Findings for Approval. A Use Permit may only be granted when the following findings are made by the approving authority:

The proposed use is in accordance with the provisions of this section.
The proposed use is consistent with the General Plan.
The proposed use can be
- accommodated within the current capacity of existing municipal facilities.
The size and terrain of the parcel can accommodate the proposed use without negative effects to the environment.
Under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use, or be injurious to property and improvements in the neighborhood.

G. Notice of Decision. Written notice of decision shall be provided within five business days of the date of decision to the applicant and

interested parties having requested notices in writing. The notice shall include:

The application request as acted upon by the Planning Commission.
The action taken by the Planning Commission.
Findings as listed for the permit.
The deadlines, criteria, and fees for filing an appeal.

H. Effective Date. Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

I. Appeals. Appeal of an action made pursuant to this Chapter shall be filed in accordance with Chapter 17.102.

J. Expiration.

Use Permits shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 17.98.120, Permit Time Limits, Expiration, and Extensions.
Exceptions. A Use Permit for a public utility installation may be valid for a longer period if specified by the approving authority.

K. Extension of Time. The expiration date of a Use Permit may be extended in accordance with Section 17.98.120, Permit Time Limits, Expiration, and Extensions.

L. Abandonment of Use.

If the use for which a Use Permit has been granted ceases for a period of 18 months, said use shall be considered to be abandoned and the Use Permit shall become null and void. Reestablishment of an abandoned use shall require the issuance of a new Use Permit.
Uses that were established under Use Permits issued prior to the effective date of the ordinance codified in this section and which have ceased, may be reestablished within a period of 18 months from the effective date of the ordinance codified in this section. Uses that are not reestablished within that time period shall be deemed abandoned.

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M. Amendments. An applicant may request an amendment to a Use Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 17.98.130, Amendments to Previously Approved Permits. (Ord. 3471 § 19, 2024)

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Temporary Use Permit . The

Temporary Use Permit process establishes a process for review and approval of certain uses that are intended to be of limited duration and will not permanently alter the character or physical facilities of the site where they occur.

A. Applicability. A Temporary Use Permit is required for each individual, agency, organization, institution, or business wishing to conduct a temporary activity or use in conformance with the standards of this section.

B. Application.

Application Filing and Processing. Applications for a Temporary Use Permit shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.

C. Approving Authority. Temporary Use Permits shall be approved by the specified approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Temporary Use Permit application.

D. Notification. No public hearing or notice is required for processing of a Temporary Use Permit.

E. Conditions of Approval. In approving an application for a Temporary Use Permit, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this code, ensure consistency with the goals and policies of the General Plan, and justify making the necessary findings. Conditions may include:

Hours of operation.
Walls, fences, and lighting necessary to reduce possible detrimental effects to surrounding properties and to protect the public health, safety, and welfare of the County.
The issuance of a cash performance bond deposited with the County to defray the County’s costs of providing services or cleaning up the property in the event the permittee fails to do so.
An additional insured endorsement of public liability insurance, naming Tuolumne County as an additional named insured, and which includes coverage for the effective dates of the permit with a minimum limit of liability of $1 million per claim or occurrence.

F. Findings for Approval. Prior to approving a Temporary Use Permit as prescribed by this section, the approving authority shall make all the following findings:

The operation will not jeopardize, endanger, or otherwise constitute a risk to public health, safety, or welfare.
The proposed site will accommodate the temporary use without hindering the lawful use of other properties in the vicinity.
The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the traffic that the temporary use will or could reasonably be expected to generate.
Adequate temporary parking will be available either on site or at an acceptable alternate location.

The application request as acted upon by the approving authority.
The action taken by the approving authority.
Findings as listed for the permit.
The deadlines, criteria, and fees for filing an appeal.

H. Effective Date. Temporary Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

I. Appeals. Appeal of an action made pursuant to this Chapter shall be filed in accordance with Chapter 17.102.

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J. Expiration. Temporary Use Permits shall expire one year from the date the original approval was granted, unless a shorter period is specified in the terms of the permit approval. Temporary Use Permits may be renewed in accordance with Section 17.100.080.N.

K. Extensions of Time. No extensions are permitted for Temporary Use Permits.

L. Amendments. Amendments to an approved Temporary Use Permit shall be processed as a new application.

M. Conflicting Regulations. Where this Chapter prescribes regulations more restrictive than the land use district in which a temporary use is proposed, the provisions of this Chapter shall apply.

N. Annual Renewal of Temporary Use Permit.

Request for Renewal. A request for renewal of a Temporary Use Permit must be filed in writing, along with any required fees, with the Director a minimum of 30 days prior to the expiration date of the approved permit.
Temporary Use Permits may be granted a renewal if all of the following conditions are met:
- a. There has been no change in the number of the specified events under the approved Temporary Use Permit.
- b. There has been no change in the duration or operation of the specified events under the approved Temporary Use Permit.
- c. All events have been conducted in accordance with the time and duration specified under the approved Temporary Use Permit. Failure to conduct an approved event as specified in any year will result in termination of the Temporary Use Permit and no renewal shall be granted.
- d. Upon review of the Temporary Use Permit, the Director may modify

the permit at any time to ensure compatibility with existing uses, changes in underlying land use designations, or compliance with the terms of the approved permit.

Minor Modifications. The Minor Modification process establishes an alternate means of granting relief from the requirements of this Title when so doing would be consistent with the purposes of the Zoning Ordinance and it is not possible or practical to approve a variance.

A. Applicability. The Director may grant modifications as specifically identified in any other section of this Title and as follows:

Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this Title, not to exceed 10 percent of the requirement. Types of standards for which modifications may be approved by the Director include:
- a. Setbacks. Front, side, and rear yard setback standards.

b. Parking. The dimensional standards for parking spaces, aisles, driveways, landscaping, garages, and parking facility design.
- c. Fences. Standards for the location, height, and design of fences.
- d. Lot Coverage. Standards for the maximum amount of lot coverage.
- e. Landscaping. Standards for required landscaping and plantings.
- f. Transparency. Required ground-floor building transparency.
- g. Other Standards. Up to 10 percent of other development standards not listed in Section 17.100.090.B, Application.

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Exclusions. Modification of the following standards may not be granted:
- a. Lot area, width, or depth. b. Residential density. c. Maximum floor-area ratio (FAR).

B. Application.

Concurrent Processing. If a request for a Minor Modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.
Application Requirements. An application for a Modification shall be filed with the Planning Department, in accordance with Section 17.98.050, Applications and Fees.
In addition to any other application requirements, the application shall state in writing the nature of the modification requested and explain why the findings necessary to grant the modification are satisfied. The applicant shall also submit plans delineating the requested modification.

C. Approving Authority. Minor

Modifications shall be approved by the specified approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Minor Modification application.

D. Notification. No public hearing or notice
is required to process a Minor Modification.

E. Conditions of Approval. In approving a modification, the approval authority may impose any conditions deemed necessary to:

Ensure that that the proposal conforms in all significant respects with the General Plan and any other applicable plans or policies adopted by the Board of Supervisors;
Achieve the general purposes of this Title or the specific purposes of the zoning district in which the project is located;
Achieve the findings for a modification granted; or
Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
The approval authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

F. Findings for Approval. A decision to grant a Modification shall be based on the following findings.

The Modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.
There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.
Granting the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Title.

The application request as acted upon by the Director.
The action taken by the Director.
Findings as listed for the permit.
The deadlines, criteria, and fees for filing an appeal.

H. Effective Date. Minor Modifications shall

become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

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I. Appeals. Appeal of an action made pursuant to this Chapter shall be filed in accordance with Chapter 17.102.

J. Expiration, Extensions, and Amendments. Modifications granted under this section may only be extended or revised as provided for in Chapter 17.98.

Reasonable Accommodation. In accordance with the Fair Housing Act and with the California Fair Employment and Housing Act, the County provides for reasonable accommodation in the application of zoning regulations to provide equal opportunity to persons with disabilities, as defined in those acts, to use a dwelling.

A. Applicability.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this zoning ordinance or other county requirement, policy, or practice acts as a barrier to fair-housing opportunities. A person with a disability is a person who has a physical or developmental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the acts.
A request for reasonable accommodation 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 reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.
A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.
Application Filing and Processing. Applications for a variance shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.
Application Requirements. Evaluation of the applicant’s request for reasonable accommodation will require written statements and evidence identifying:
- a. The Zoning Ordinance provision from which accommodation is being requested; and
- b. The basis for the claim that the individual, who is or will be the occupant of the dwelling, for which the accommodation is requested, is considered disabled under the Fair Housing Act, and why the accommodation is necessary to make the specific housing available to the individual.

C. Approving Authority. Requests for reasonable accommodation shall be approved by the specified approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a reasonable accommodation request application.

D. Notification. No public hearing or notice is required for processing a reasonable accommodation request.

E. Conditions of Approval. In granting a request for reasonable accommodation, the approval authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall be rescinded if the person for whom the accommodation was requested no longer resides on the property.

F. Findings for Approval. A reasonable accommodation may only be approved or conditionally approved by the decision-making

B. Application.

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body when all the following findings are made by the approving authority:

The individual requesting the accommodation has a disability as defined under the acts or housing that is the subject of the request will be used by an individual considered disabled under the acts;
T he requested accommodation is necessary for the individual to have equal opportunity to use and enjoyment of the housing and housing-related services;
The requested accommodation will not require a fundamental alteration in the nature of a County program or law, including but not limited to land use and zoning;
The requested accommodation will not impose an undue financial or administrative burden on the County.

The application request as acted upon by the approving authority.
The action taken by the approving authority.
Findings as listed for the permit.
The deadlines, criteria, and fees for filing an appeal.

H. Effective Date. Requests for reasonable accommodation shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

I. Appeals. Appeal of an action made pursuant to this Chapter shall be filed in accordance with Chapter 17.102.

J. Expiration and Extension of Time. Approved reasonable accommodation requests expire with transfer of ownership of the property and, if applicable, as detailed in the findings for approval.

K. Amendments. Any amendments affecting an approved request for reasonable accommodation shall be handled as a new reasonable accommodation request (Ord. 3471 § 19, 2024).

Variance. Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

A. Applicability. A Variance is required for any request to modify the requirements of this Title greater than those adjustments allowed through other permit or approval procedures. Variances do not apply to land use or density and shall not waive or modify a specific procedural requirement. In no case shall cost to the applicant be the primary reason for granting a variance. The provisions of this section shall not apply to public safety regulations based on authority mandated by state law or other ordinances.

B. Application.

Application Filing and Processing. Applications for a variance shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.

C. Approving Authority. Variances shall be approved by the specified approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Variance application.

D. Notification. Public notice pursuant to Section 17.98.110, Public Hearing and Public Notice, is required for all Variances.

E. Conditions of Approval. In approving an application for a variance, the approving authority may impose reasonable and appropriate conditions to achieve the purposes of this Zoning Ordinance, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include:

Requirements for special building setbacks, open spaces, buffers, fences, walls, and screening.
Requirements for installation and maintenance of landscaping and erosion-control measures.

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Requirements for street and other infrastructure improvements and related dedications.
Regulation of vehicular ingress, egress, and traffic circulation.
Regulation of hours of operation or other characteristics of operation.
Requirements for increased security.
Requirements for periodic review.
Requirements for special building design and features to enhance the visual impact and integrate the use into the community.
Other conditions as may be deemed necessary to make the findings required by this section.

F. Findings for Approval. A variance may only be granted when the following conditions are met:

The special circumstances or conditions were not created or caused by the applicant.
Granting the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
Granting of the variance does not authorize a use or activity that is not otherwise expressly authorized by the zone where the property is located.
Granting the variance will not under the circumstances of the particular case, be detrimental to the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

The application request as acted upon by the Planning Commission.
The action taken by the Planning Commission.
Findings as listed for the permit.
The deadlines, criteria, and fees for filing an appeal.

H. Effective Date. Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

I. Appeals. Appeal of an action made pursuant to this Chapter shall be filed in accordance with Chapter 17.102.

J. Expiration.

Use Permits shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 17.98.120, Permit Time Limits, Expiration, and Extensions.
Exceptions. A Use Permit for a public utility installation may be valid for a longer period if specified by the approving authority.

K. Amendments. An applicant may request an amendment to a Use Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 17.98.130, Amendments to Previously Approved Permits. (Ord. 3471 § 19, 2024)

Emergency Permits. The purpose of this section is to establish procedures for the issuance of Emergency Permits.

A. Applicability. The procedures of this section apply where persons or public agencies seek a permit for emergency work where the circumstances of an emergency do not allow sufficient time for the permit process otherwise applicable to the work needed to address an emergency.

B. Application. Applications for permits for emergency work shall be made to the Director by letter or email during business hours if time allows, or by telephone or in person if time does not allow. The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency, shall include the following:

The nature of the emergency;
The cause of the emergency, insofar as this can be established;
The location of the emergency;
The remedial, protective, or preventative work required to deal with the emergency;

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The circumstances during the emergency that appear to justify the course(s) of action taken, including the probable consequences of failing to act; and
Any other information deemed necessary by the Director.

C. Approving Authority. The Director is the
approval authority for Emergency Permits.

D. Notification. Prior to issuance of an Emergency Permit, when feasible, the Director shall provide public notice of the emergency work with the extent and type of notice determined on the basis of the nature of the emergency itself.

Verification of Emergency. The Director or designee shall verify the facts, including the existence and nature of the emergency, insofar as time allows.
The Emergency Permit shall be a written document that includes the following information: a. The date of issuance; b. An expiration date; c. The scope of work to be performed; and

d. Terms and conditions of the permit.

E. The Director may grant a permit for emergency work, including an expiration date and the requirement for a regular permit application later, if the Director finds that:

An emergency exists and requires action more quickly than permitted by the procedures for ordinary permits, and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit; and
Public comment on the proposed emergency action has been reviewed if time allows.

F. The Director shall report on the granting of an Emergency Permit in writing to the Board of Supervisors at their next meeting following the issuance of the emergency permit. The report shall contain a description of the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall have been mailed at the time the application summaries and staff

recommendations are normally distributed to all persons who have requested such notification in writing. The report of the Director shall be

informational only. The decision to issue an Emergency Permit is solely at the discretion of the Director.

Amendments to the General Plan and Zoning Ordinance. This section establishes guidelines and procedures for amending the General Plan or Zoning Ordinance. The General Plan and these procedures are to be consistent with state planning laws (California Government Code Section 65300 et seq.) and state General Plan Guidelines. Amendments to the Zoning Ordinance must be consistent with the General Plan.

A. Applicability. The procedures in this section shall apply to:

All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions, and
All proposals to change the text of this Title, a zoning district classification, or a zoning district boundary line shown on the Zoning Map.

B. Application.

Application Filing and Processing. Applications for a General Plan Amendment shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.

C. Approving Authority. General Plan Amendments shall be approved by the specified approving authority as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, modify, or deny a General Plan Amendment application.

D. Notification. Public notice pursuant to Section 17.98.110, Public Hearing and Public Notice, is required for all General Plan Amendments or Zoning Ordinance Amendments.

E. Findings for Approval.

General Plan Amendment. Prior to approving a General Plan Amendment, as prescribed by this Chapter, the Board of Supervisors shall make all the following findings, which shall be made by Resolution:

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a. The general plan amendment is consistent in principle with the general plan, zoning code and any applicable specific plan.
b. The proposed amendment would not be detrimental to the public health, safety, or welfare of the community;
c. The project site is suited to the uses permitted under the proposed land use designation.
d. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

Zoning Ordinance Amendment. Prior to approving a Zoning Ordinance Amendment, as prescribed by this Chapter, the Board of Supervisors shall make all the following findings:
- a. The ordinance amendment is consistent in principle with the general plan, zoning code and any applicable specific plan
- b. The proposed amendment would not be detrimental to the public health, safety, or welfare of the community
- c. The project site is suited to the uses permitted under the proposed zoning district.
- d. The anticipated land uses on the subject site would be compatible with existing and future surrounding permitted uses.
In approving a General Plan or Zoning Ordinance Amendment, the Board of Supervisors may make modifications to the proposal to ensure that the approval will comply with the required findings.

F. Notice of Decision. Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

The application request as acted upon by the Board of Supervisors.
The action taken by the Board of Supervisors.

G. Effective Date. General Plan or Zoning Ordinance Amendments shall become effective 30 days following the date of adoption.

H. Appeals. Actions taken by the Board of Supervisors are final and are not subject to appeal.

I. Expiration. Approved General Plan Amendments and Zoning Ordinance Amendments do not expire.

J. General Plan Amendments. Any amendments affecting an approved General Plan Amendment or Zoning Ordinance Amendment, with the exception of clerical errors, shall be handled as a new application.

K. Frequency of General Plan Amendments. Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

L. Additional Notice Required. Pursuant to Government Code Section 65352, at least 45 days prior to Board action on a proposed General Plan Amendment, the Director shall notify the Local Agency Formation Commission (LAFCO), and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action, including the Yosemite National Park and Stanislaus National Forest, and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the County whose functions include recommending, preparing plans for, or constructing major public works projects.

M. General Plan. Abandonment after Proceedings Have Begun. Any application for an amendment may be withdrawn by the written request of all persons who signed such application prior to the public hearing by the Commission or Board or by verbal statement by the authorized agent of the person who signed such application at the hearing or hearings of the Commission or Board. The Commission or Board may abandon any proceedings for an amendment initiated by the Director, Commission, or Board, provided that any

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hearing of which public notice has been given shall be held (Ord. 3471 § 19, 2024)

Home Occupation Permit . These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

A. Applicability. The provisions of this section shall apply to the operation of small, home-operated businesses and occupations in residential dwellings. A home occupation may be permitted as an accessory use in any structure authorized for residential use in the County with a Home Occupation Permit.

Prohibited Home Occupations. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home occupations shall include:
- a. Barber and beauty shops. b. Food catering or production, except in compliance with the Cottage Food Act (Government Code Section 51035) and Section 17.100.140.F.
- c. Massage, except certified massage practitioners.
- d. Outdoor storage of equipment, materials, and other accessories specific to the construction trades.
- e. Pet sitting and dog walking, except for home office uses associated with this activity.
- f. Vehicle storage, cleaning, dismantling, installation, manufacture, repair, service, sale, lease, rental, or dispatching, and driving instruction.
- g. Welding. h. Any use that does not comply with Section 17.100.140.E.

B. Application.

Application Filing and Processing. Applications for a permit shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.
For home occupations conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to submittal of an application for a Home Occupation Permit.

C. Approving Authority. The Director is authorized to approve, conditionally approve, modify or deny applications for Home Occupation Permits, and may refer applications for Home Occupation Permits to the Planning Commission for review.

D. Notification. The Director shall post all Home Occupation Permits in a database accessible to the public and at the Community Development Department.

E. Operating Standards. Home occupations shall comply with all the following operating standards at all times:

No dwelling shall be built or altered for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted.
No more than two persons other than a member of the immediate family occupying such dwelling shall be employed. Exceptions are allowed for cottage food uses consistent with the State Cottage Food Act (Government Code Section 51035).
There shall be no signs other than those permitted by Chapter 17.34, Signs.
There shall be no advertisement of the location in a public forum.
All merchandise, supplies, equipment, or other materials stored outdoors shall be screened from public view.
The storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas shall be prohibited.

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The conduct of any home occupation, including, but not limited to, the storage of goods and equipment, shall not reduce or render unusable areas provided for off-street parking, setbacks, and yard areas as required by the regulations application to the land use district.
Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that increases noise or fire hazards not normally associated with a residential use shall be prohibited.
There shall be complete conformity with Fire, Building, Plumbing, Electrical, and Health Codes and all applicable state and local laws. Activities conducted and equipment or material used shall not change the fire safety or occupancy classification of the premises.
The use of utilities shall be limited to the usage normally associated with a residential use.
A Home Occupation Permit shall not be transferable to another property or dwelling unit or to any subsequent owner of the property or dwelling unit for which the Home Occupation Permit was originally approved.
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, nor shall the use require additional parking spaces than provided on site.
There shall not be any regular commercial delivery to or from the dwelling where a home occupation is being conducted.
No special off-street parking area shall be allowed in connection with the home occupation; however, the driveway may be used for such parking.
Storage and parking of vehicles on the premises, used in conjunction with the home occupation, shall be limited to automobiles and light trucks not exceeding 15,000 pounds gross vehicle weight.
Home occupation activities shall be conducted indoors.
No more than 500 square feet of floor area may be used for storage of materials and supplies used for the home occupation.
Noise generated by the conduct of the home occupation shall not exceed that normally associated with a residential use.

F. Cottage Food Operation.

Notwithstanding any of the provisions above, a cottage food operation, as defined by the State of California under the provisions and allowances of Assembly Bill 1616, shall be allowed in any legally established residential unit in Tuolumne County provided the following requirements are met:

Each cottage food operation shall conform to all state and county laws, regulations, and requirements.
The operator of a cottage food operation shall reside within the residential unit used for such activity as their primary residence.
No dwelling shall be built or altered for the purpose of conducting the cottage food operation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a cottage food operation is conducted.
No cottage food operation shall be located within 300 feet of another such operation.
Between the hours of 7:00 p.m. one day and 8:00 a.m. the following day, no cottage food operation shall sell or offer for sale from the residence food items prepared from that residence.
Commercial delivery of items used in a cottage food operation shall be prohibited between the hours of 7:00 p.m. one day and 8:00 a.m. the following day.
All cottage food operations shall conform to the requirements and restrictions of the General Plan Noise Element.
Customers shall be prohibited from parking vehicles upon the property where they are purchasing products offered for sale by a cottage food

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operation, unless said property is at least 1 acre in size and occupied by a single-family residence. Customer parking may be permitted on property developed with two or more residential units, provided said property is at least 2 acres in size.

Only those individuals residing in the residential unit, as their primary residence, shall participate in a cottage food operation, with the exception that a cottage food operation may be permitted one full-time equivalent employee.
Customers of any cottage food operation shall be prohibited from consuming any products purchased from the cottage food operation on the property where such product was produced.
Where a cottage food operation is conducted from any residential unit, the operator of the cottage food operation shall police, clean, and maintain the property regarding discarded items that may result from the cottage food operation.
The individual granted approval for a cottage food operation being conducted within or upon a property with more than one residential unit shall post signage and enforce requirements prohibiting, at all times, the loitering of one or more persons within or upon the property where the cottage food operation is being conducted.
There shall be no display, sale, or advertising signs on the premises.
Within 30 days of receipt of a Home Occupation Permit from Tuolumne County for a cottage food operation, the operator of such facility shall present proof of receipt of a permit for same from the County of Tuolumne Environmental Health Services, and Department of Public Health.
The cottage food operator shall contact the local waste disposal company to ascertain whether additional trash removal services shall be required for the level of food production being created. The cottage food operator shall provide to the County comments

from the local waste disposal company that adequate trash removal shall occur for the level of activities added by the Cottage Food Operation.

Violations of Section 17.100.0140.F, Cottage Food Operation, may result in the revocation of the Home Occupation Permit issued by Tuolumne County. Operators who have had their Countyissued Home Occupation Permit revoked shall be prohibited for two years from applying for another Home Occupation Permit for a cottage food operation.
All merchandise, supplies, equipment, or other materials stored outdoors shall be screened from public view.
The storage of hazardous, toxic, or combustible materials shall be in approved containers designated for such materials and shall be screened from public view.
Compliance with section 17.100.120.E.9 above.
The cottage food operation Home Occupation Permit shall not be transferable to another property or dwelling unit or to any subsequent owner or tenant of the property or dwelling unit for which the Home Occupation Permit was originally granted.
For a cottage food operation conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to submittal of an application for a cottage food operation Home Occupation Permit, and shall be submitted with such Home Occupation Permit application.
Cottage food operation activities shall be conducted wholly indoors.
No more than 500 square feet of floor area may be used for storage of materials and supplies used for or in association with the cottage food operation.
Where any cottage food operation employs an individual other than the primary operator, all local, county, state, and federal labor laws shall apply and be conformed with.

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Similar Use Determination . The land use table may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, permitted with a permit or Site Development Permit, or not permitted, the Similar Use Determination establishes a process for the review and possible addition of new uses to the land use table.

A. Applicability. A Similar Use Determination is required when a use is not specifically listed in this Zoning Ordinance but may be permitted if it is determined to be similar in nature to a use that is permitted, or permitted with a Use Permit.

B. Application.

Application Filing and Processing. Applications for a variance shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.

C. Approving Authority. In cases where a specific land use or activity is not defined, the Director shall initially assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the uses in a specified land use district are prohibited in that district. Similar Use Determinations shall be approved by the specified approving authority responsible for the permit approval, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Similar Use Determination application.

D. Notifications. Public notice pursuant to Section 17.98.110, Public Hearing and Public Notice, is required for all Similar Use Determinations when such determinations are referred to the Commission by the Director.

E. Conditions of Approval. In approving an application for a Similar Use Determination, the approving authority may impose conditions in order to achieve the purposes of this Zoning Ordinance, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

F. Findings for Approval. Prior to approving a Similar Use Determination as prescribed by

this Chapter, the approving authority shall make all the following findings:

The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher intensity of activity, environmental impact, or population density than the uses permitted in the district.
The proposed use will be consistent with the purposes of the applicable district.
The proposed use will be consistent with the goals and policies of the adopted General Plan, any applicable Specific Plan, and the Zoning Ordinance.

G. Notice of Decision. Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

The application request as acted upon by the approving authority.
The action taken by the approving authority.
Findings as listed for the approval. 4. The deadlines, criteria, and fees for filing an appeal.

H. Effective Date. Similar Use

Determinations shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

I. Appeals. Appeal of an action made pursuant to this Chapter shall be filed in accordance with Chapter 17.102.

J. Expiration. Approved Similar Use
Determinations do not expire.

K. Amendments. Any amendments affecting an approved Similar Use Determination shall be handled as a new application.

L. Record of Determinations. The Community Development Department shall maintain all such determinations on record for review by the general public upon request.

Specific Plan. The purpose of this section is to establish procedures for adoption, maintenance, and administration of specific plans, in accordance with the provisions of

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Sections 65450 through 65457 of the California Government Code, and as may be required for the implementation of the General Plan. The purpose of a Specific Plan is to establish policies and development standards that address areaspecific issues. Specific plans are intended to carry out the General Plan in one of three ways:

By providing clearer definition of planning policy applicable to the Specific Plan area;
Regulating land use for a particular geographic area in greater detail than that provided by the Zoning Ordinance; and/or
Bringing together detailed policies and regulations into a focused development scheme.

B. Intent. Specific plans are intended to:

Provide a planning framework to guide future public and private developments and promote flexibility while ensuring a coherent community design.
Encourage creative approaches to the use of land, through variation in the location of buildings and the appropriate mix of land use activities and dwelling types.
Promote and create public and private open space as an integral part of land development design.
Provide development regulations for an area without changing countywide ordinances.
Provide the ability to respond to changing conditions in the Specific Plan area without the need for a Zoning Ordinance Amendment.

C. Applicability. The following shall serve as
a guide for the appropriate use of specific plans:
1. Where unique results or treatments are desired or in areas having sensitive environmental qualities;
2. Where there is a complicated mixture of conditions such as new development, deteriorated structures, underutilized land, and mixed uses;
3. Where there is a need to incorporate considerable detail in a proposed development project that would justify its approval; and/or
4. Where it is more cost-effective to include, with the proposed project, a Master Environmental Impact Report

so that subsequent projects within the Specific Plan area would require no further environmental documentation or require only focused environmental reports.

D. Consistency with General Plan. Specific plans shall be consistent with the General Plan.

E. Density Bonus.

Specific plans shall be consistent with the density standard prescribed by the General Plan. Transfer of density may occur in the Specific Plan provided that the total density attributable to the Specific Plan area shall not be exceeded, except as specified in Section 17.100.140.D.2.
As an incentive to preserving large areas of protected open space, preserving historically and culturally significant resources, and/or developing inclusionary housing programs for the provision of affordable housing, the Board of Supervisors may approve a density bonus of up to 5 percent within medium- and high-density residential land use areas. This bonus may be over and above any other housing bonus incentives provided in this Zoning Ordinance.

F. Specific Plan Content. A Specific Plan may include written text, maps, diagrams, and descriptions of allowable uses. At a minimum, specific plans shall include:

A statement of the relationship of the Specific Plan to the General Plan.
A map indicating the distribution, location, and extent of land uses, including open space, within the area covered by the plan.
All permitted uses and land use densities.
Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.
A map and/or text specifying the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, energy, and other essential facilities in the Specific Plan area.

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Public works projects, programs, and implementation measures necessary to carry out the Specific Plan's stated purpose.
A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the above noted provisions of the Specific Plan.

G. Application.

Application Filing and Processing. Applications for a variance shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.

H. Approval Authority. Specific Plans shall be approved by the specified approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Specific Plan application.

I. Notification. Public notice pursuant to Section 17.98.110, Public Hearing and Public Notice, is required for all Specific Plan applications.

J. Findings for Approval. Prior to approving a Specific Plan as prescribed by this section, the approving authority shall make the following findings:

The Specific Plan is consistent with the intent of the goals and policies of the General Plan as a whole and is not inconsistent with any element thereof.
The Specific Plan prescribes controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.
The Specific Plan provides property development rights while protecting environmentally sensitive land uses and species.
The Specific Plan provides for the protection of the health, safety, and/or general welfare of the community.

K. Adoption.

Upon approval of the final Specific Plan by the Board of Supervisors, the Land Use Map shall be amended to identify the area covered by the plan.

The Board of Supervisor’s approval of the final Specific Plan and the establishment of Specific Plan (SP) zoning shall be by Ordinance.

The approved final Specific Plan shall be filed in the office of the clerk of the Board and in the Community Development Department.

L. Amendments . Specific Plans may be amended or repealed in the same manner as originally adopted.

M. Relationship to the Zoning Ordinance. Development standards, procedural regulations, and other provisions of this Title shall apply within a Specific Plan except where they conflict with provisions of the Specific Plan. In that case, the Specific Plan shall supersede the Zoning Ordinance.

Community Plan. The purpose of this section is to establish procedures for adoption, maintenance, and administration of Community Plans as may be desired by the County for the tailoring of goals, policies, and implementation programs for certain communities in the county. The purpose of a Community Plan is to work in concert with the General Plan and provide additional detail and direction for development and services in those communities.

A. Applicability.

Community Plans shall be initiated by the County.
The following shall serve as a guide for the appropriate use of Community Plans:
- a. Where unique results or treatments are desired or in areas having sensitive environmental qualities; and/or
- b. Where there is a complicated mixture of conditions, such as new development, deteriorated structures, underutilized land, and mixed uses; and/or
- c. Where it is more costeffective to include, with the proposed Community Plan, a Master Environmental Impact Report so that subsequent projects

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within the Community Plan area would require no further environmental documentation or require only focused environmental reports.

B. Consistency with General Plan. Community Plans shall be consistent with the General Plan.

C. Community Plan Content. A Community Plan may include written text, maps, diagrams, and descriptions of background information on the community, and goals, policies, and implementation programs.

D. Application.

Application Filing and Processing. Applications for a variance shall be filed and processed in accordance with Chapter 17.98.
Application Fees. Application fees shall be collected in accordance with Section 17.98.050, Applications and Fees.

E. Approval Authority. Community Plans shall be approved by the specified approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits. The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Community Plan application.

F. Notification. Public notice pursuant to Section 17.98.110, Public Hearing and Public Notice, is required for all Community Plan applications.

G. Findings for Approval. Prior to approving a Community Plan as prescribed by this section, the approving authority shall make all the following findings:

The Community Plan is consistent with the intent of the goals and policies of the General Plan as a whole and is not inconsistent with any element thereof.
The Community Plan provides property development rights while protecting environmentally sensitive land uses and species.
The Community Plan provides for the protection of the health, safety, and general welfare of the community.

H. Adoption.

Upon approval of the final Community Plan by the Board of Supervisors, the Land Use Map shall be amended to identify the area covered by the plan.
The approved final Community Plan shall be filed in the office of the clerk of the Board of Supervisors and in the Community Development Department.

I. Amendments . Community Plans may be

amended or repealed in the same manner as originally adopted.

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ARTICLE 5 - Chapter 17.102

APPEALS

Sections:

17.102.010 Purpose 17.102.020 Appeal Authority. 17.102.030 Right to Appeal. 17.102.040 Filing an Appeal. 17.102.050 Board of Supervisors Right to Appeal. 17.102.060 Notice and Schedule of Hearings. 17.102.070 Appeal Hearing and Action. 17.102.080 Effective Date of Entitlement.

17.102.010 Purpose. This Chapter establishes procedures for the appeal of determinations by the Community Development Director (Director) or the Planning Commission.

17.102.020 Appeal Authority. Any discretionary action of the Director or Planning Commission made pursuant to this Zoning Ordinance may be appealed to the designated appeal authority listed in Table 17.102.1, Appeal Authority. Nondiscretionary decisions by the Director may not be appealed. Actions taken by the Planning Commission as appeal authority may be further appealed to the Board of Supervisors. Decisions by the Board of Supervisors are final and may not be appealed.

17.102.030 Right to Appeal. Any aggrieved person may file an appeal pursuant to this Chapter. An aggrieved person shall be any person who, in person or through a representative, appeared at a public hearing of the County of Tuolumne in connection with the decision or action being appealed; or who, by other appropriate means prior to the hearing, informed the approving authority of the nature of their concern(s).

17.102.040 Filing an Appeal. Appeals shall be submitted to the Director with the appropriate fees, as determined by the County’s fee schedule adopted by Board resolution, on forms provided by the Community Development Department and shall include, at a minimum:

A. The date the action was taken.

B. Specific condition, standard(s), or action being appealed.

C. The Zoning Ordinance provision(s) or other standard(s) applicable to matter(s) being appealed.

D. A written statement specifying the basis or grounds of the appeal, including why the decision of the approving authority is not in accord with the standards and regulations of the Tuolumne County Code of Ordinances, Zoning Ordinance, or other policy or regulation, and/or why it is believed that there was an error or an abuse of discretion by the approving authority.

E. Appeals shall only be considered if filed within 10 consecutive calendar days following the date of action for which the appeal is made at the close of business of the Community Development Department on the final day of the appeal. If the last day to act falls on a nonbusiness day, the following business day shall be deemed to be the last day to file the appeal.

17.102.050 Board of Supervisors Right to Appeal ¶

A. Any member of the Board of Supervisors may initiate an appeal of any action of the Planning Commission or Community Development Director based on the requirements of Section 17.102.040, Filing an Appeal. Appeals filed by the Board of Supervisors, as set forth herein, shall be exempt from payment of fees that would otherwise apply.

B. The Director or Planning Commission, depending on which ruled on the particular entitlement, shall be notified of the request, and shall submit a report to the Board setting forth the reason or reasons for its action, or shall be represented at the meeting of the Board when such review is considered. The Board shall at its

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next meeting after the filing of such request, consider the request to review the action of the Director or Planning Commission, and shall, on an affirmative vote, set the matter for review. Such review shall be a public hearing held within 45 days of the filing of the request for such review. Notice of such hearing shall be published at least once in a local newspaper of general circulation and mailed to adjacent property owners at least 10 days prior to the hearing.

the following business day shall be deemed to be the last day to file the appeal.

17.102.080 Effective Date of Entitlement. All entitlements contained in this Title, except those pertaining to amendments under Chapter 17.104, shall not be issued, nor shall the same become effective until any appeal filed pursuant to Section 17.102.030 has been concluded or the time for filing an appeal has expired.

17.102.060 Notice and Schedule of Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to the noticing requirements of Section 17.98.110, Public Hearing and Public Notice.

17.102.070 Appeal Hearing and Action.

A. The appeal authority, within 45 days of the date of the conclusion of the first hearing, shall approve, conditionally approve, or deny the application.

B. In taking its action on an appeal, the appeal authority shall state the basis for its action. If the appeal authority finds that the approving authority did not misinterpret any policy or ordinance or did not err in exercising its discretion, the appeal shall be denied. If the appeal authority finds that the approving authority did misinterpret a policy or ordinance and/or err in exercising its discretion, the appeal authority shall provide written findings for its decision prior to taking action to approve the appeal. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. Written notice of decision shall be issued in accordance with Section 17.98.110.H, Notice of Decision.

scretion, the appeal authority shall provide written findings for its decision prior to taking action to approve the appeal. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. Written notice of decision shall be issued in accordance with Section 17.98.110.H, Notice of Decision.

C. If the applicant or any aggrieved party is dissatisfied with the decision of the appeal authority, they may, within 10 calendar days of the date of the decision, appeal to the Board of Supervisors, in accordance with Section 17.102.030. If 10 days fall on a non-business day,

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TABLE 17.102.1

TABLE17.102.1
Approval Authority for Action Being Appealed	Appeal Authority
	Planning Commission	Board of Supervisors
Community Development Director	X
Planning Commission		X

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