Tuolumne County Municipal Code Art. 5 Chapter 17.96

Purpose. The purpose of this Chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of this Title. Subsequent chapters of this article provide detailed information on procedures, applications, and permits, including zoning and General Plan text and map amendments, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Title as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan. The approving authority, as designated in Table 17.96.1, Approving Authority for Land Use Permits, shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this Title. Board of Supervisors. The powers and duties of the Board of Supervisors under this Title include, but are not limited to, the following:
A. Consider and act on amendments to the General Plan, Zoning Ordinance, Zoning Map, and environmental documents related to any of the foregoing.
B. Hear and decide applications for Development Agreements.
C. Hear and decide appeals from decisions of the Planning Commission.
D. Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this ordinance. E. Hear and decide on Director or designee proposed revocations of permits. F. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act. Planning Commission. The powers and duties of the Planning Commission under this Title include, but are not limited to, the following:
A. Annually review progress towards implementation of the General Plan and recommend to the Board of Supervisors changes needed due to new legislation; development trends; and changing economic, social, and environmental conditions. B. Make recommendations to the Board of Supervisors on proposed amendments to the General Plan, Zoning Ordinance, Zoning Map, and environmental documents related to any of the foregoing following a public hearing. C. Make recommendations to the Board of Supervisors on Development Agreements. D. Approve, conditionally approve, or deny Use Permits and Variances. E. Hear and decide on revisions to approved Use Permits and Variances pursuant to Section 17.98.130, Amendments to Previously Approved Permits. F. Hear and decide appeals for decisions of the Community Development Director. G. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act. H. Such other duties and powers are assigned or directed by the Board of Supervisors. Community Development Director.
The powers and duties of the Community Development Director (Director) under this Title include, but are not limited to, the following:

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A. Have the responsibility to perform all the functions designated by state law, including, but not limited to, the following: 1. Prepare an annual report related to implementation of the General Plan in compliance with Government Code Section 65400; 2. Review public works projects for conformity to the General Plan, in compliance with Government Code Section 65401; and 3. Review acquisition of property for conformity to the General Plan, in compliance with Government Code Section 65402. B. Maintain and administer the Zoning Ordinance, including processing of applications, abatements, and other enforcement actions. C. Prepare and effect rules and procedures necessary or convenient for the conduct of the Director’s business. These rules and procedures must be as approved by a resolution of the Board of Supervisors following review and recommendation of the Planning Commission. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping). D. Interpret the Zoning Ordinance for members of the public and other County departments. E. Issue administrative regulations for the submission and review of applications subject to the requirements of this Title and Government Code Section 65950, Deadlines for Project Approval Conformance: Extensions. F. Review applications for permits and licenses for conformance with this Title and designate staff persons as review authorities to issue Zoning Clearances when proposed uses, activities, or building is allowed by right and conforms to all applicable development and use standards. G. Review applications for discretionary permits and approvals under this Title for conformance with applicable submission requirements and time limits. H. Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the County’s environmental review requirements and notify the applicant if any additional information is necessary to conduct the review. I. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act. J. Hear and decide requests for minor revisions to approved permits, pursuant to Section 17.98.130, Amendments to Previously Approved Permits. K. Process and make recommendations to the Board of Supervisors on all applications, amendments, appeals, and other matters upon which the Board has the authority and the duty to act under this Title. L. Process and make recommendations to the Planning Commission on all applications, appeals, and other matters upon which the Commission has the authority and the duty to act under this Title. M. Approve, conditionally approve, or deny Minor Use Permits pursuant to the provisions of Chapter 17.100.070, Use Permit. N. Approve, conditionally approve, or deny requests for minor modifications to dimensional requirements and requests for reasonable accommodation, pursuant to Chapter 17.100.070, Minor Modifications, and Chapter 17.100.080, Reasonable Accommodation. O. Review and decide on temporary use permits pursuant to Chapter 17.100.060, Temporary Use Permits. P. Review and decide on emergency permits pursuant to Chapter 17.100.100, Emergency Permits. Q. Negotiate the components and provisions for Development Agreements for recommendation to the Board of Supervisors. R. Investigate and make reports to the Board of Supervisors on violations of permit terms and conditions when the County has initiated revocation procedures. S. Refer items to the Planning Commission when a determination is made by Director or designee that the public interest would be better served by a Planning Commission public hearing and action. T. Delegate the responsibilities of the Director, as permitted, to Community Development Department staff under the supervision of the Director.
U. Act as the Environmental Coordinator, and delegate this duty during times of absence to appropriate Community Development Department staff.

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V. Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

TABLE 17.96.1 APPROVING AUTHORITY FOR LAND USE PERMITS Permit Type Zoning Ordinance Section Notice of Hearing Public Hearing Approval Authority Appeal Authority Zoning Clearance

No Staff level review CDD Site Development Permit1

is approval authority Yes, if PC is approval authority CDD/PC PC/BOS Planned Unit Development

is approval authority Yes, if PC is the approval authority CDD/PC BOS Temporary Use Permit

No CDD N/A General Plan or Zoning Ordinance Amendment

PC/BOS BOS N/A Home Occupation Permit

PC/BOS BOS N/A BOS = Board of Supervisors PC = Planning Commission
CDD = Community Development Director
N/A = Not Applicable

1 If a project contains a zone change or General Plan Amendment, then the Board of Supervisors would also act on the Site Development Permit as the highest required approval body.

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