Tuolumne County Municipal Code Art. 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.

procedures for the appeal of determinations by the Community Development Director (Director) or the Planning Commission.

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.

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).

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

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

17-315

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.

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.

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

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.

17-316

TABLE 17.102.1 Approval Authority for Action Being Appealed Appeal Authority Planning Commission Board of Supervisors Community Development Director X

Planning Commission

X

17-317