§ 17.08

The regulations established by this title shall apply to all property within the boundaries or the agreed upon line of assessment of Mariposa county, except such lands as may be specifically excluded from county land use regulations by federal statute or regulations. Nothing contained in this title shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore been issued and which is valid and unexpired.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

The Mariposa County board of supervisors shall by resolution, establish a schedule of fees for processing the various applications required by this title. No application shall be considered complete and ready for processing until the required fees have been paid to the county of Mariposa.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.08.060 Completeness Of Applications

Not later than thirty (30) calendar days after receiving an application, the planning department shall notify the applicant in writing as to the completeness of the application. If the application is not complete, the planning department shall specify those parts of the application which are incomplete, and shall indicate the manner in which the application can be made to meet the requirements of the county. The applicant may be requested to clarify, amplify, correct, or otherwise supplement the information required for the application. After the planning department accepts an application as complete, the application shall not be refused for failure to provide any new, or additional information.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.070 Planning Commission

The Mariposa County planning commission shall review and hear such matters which, as set forth in this title, require planning commission action.

Any determination or decision of the planning commission which is made in accordance with the provisions of this title may be appealed to the Mariposa County board of supervisors, in accordance with Chapter 17.136.

The planning commission shall adopt such rules of procedure and forms, etc., as necessary for the implementation of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.080 Burden Of Proof

It shall be the burden of an applicant to provide all necessary information in support of any matter heard and decided by the planning commission or board of supervisors. Failure to provide such necessary information in support of a matter as described above shall be deemed grounds for denial of application.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.090 Site Plans Required

A site plan shall be submitted to and approved by the Mariposa County planning department prior to the issuance of a building permit or change in use which requires a permit. All site plans shall be reviewed by the Mariposa County planning department for conformance with the provisions of this title prior to the issuance of a building permit. All site plan reviews shall be completed within forty-five (45) days of submittal, provided that the site plan conforms with the provisions of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.100 Approval Or Disapproval

Any application made pursuant to this title shall be approved or disapproved within the time limits specified by state law. With the mutual consent of both the body considering the application and the applicant, the time period may be extended one six (6) month period.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.08.110 Resubmittal Of Application

When any application is denied by the planning commission or board of supervisors it shall not be eligible for resubmittal within six (6) months, unless, in the opinion of the planning director, there is new evidence which was unavailable and beyond control of the applicant, or conditions have changed to the extent that the planning commission agrees that further consideration is warranted.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.08.120 Interpretation By The Planning Director

The planning director shall make interpretations:

1. Where a proposed land use is not specifically listed as permitted or conditional, the planning director shall review the proposed use when requested to do so in writing and, based upon the characteristics of the use, determine if the use proposed is similar to those permitted or conditionally permitted.

2. Prior to making a similar use determination, the planning director shall find that such use is similar to the listed use in areas including, but not limited to, intensity, density, traffic, noise and other environmental factors as specified in the county initial study checklist items.

3. Upon a written determination by the planning director that a proposed unlisted use is similar in its nature and intensity to a permitted or conditionally permitted use, the proposed use shall be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what standards affect its establishment.

4. All planning director determinations shall be noticed in a newspaper of general circulation within the county at least once prior to the end of the appeal period, and posted in not less than 3 public places within 24 hours after determination is made, and shall remain posted during the length of the appeal period. The planning department shall maintain a list of sites where notice in neighborhoods or communities will be posted.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.08.130 Notice To County Assessor And Owner

Whenever the zoning of a property is changed from one classification to another, or a zoning variance, or conditional use permit, or use permit determination is granted, the planning department shall notify the county assessor of such action within thirty (30) days. If the zoning classification change, variance, or conditional use permit was requested by other than the owner of record, the planning department shall simultaneously notify the owner of record of such property of the action taken and that notice has been sent to the assessor.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.08.140 Single Family Dwelling Site Plans

Site plans for single family dwellings shall be submitted to the planning department. These site plans shall contain the following:

1. Plot plan showing location of dwelling with distance to lot lines, streets, etc.;

2. Location of other buildings, both existing and proposed;

3. Location of existing or proposed septic tank and leach fields;

4. Source of existing or proposed water supply;

5. Significant terrain features such as streams, water courses or springs;

6. Proposed on-site parking areas;

7. Existing or proposed means of access, location, width and type. An approved encroachment permit from the California Department of Transportation, or the Mariposa County building department, or the Mariposa County road department if applicable.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.08.150 Commercial, Industrial, Or Multi-Family Dwelling Site Plans

Site plans for commercial, industrial, or multi-family dwellings shall contain the following:

1. Parcel or lot dimensions;

2. All buildings, existing and proposed, their locations, size, height, and proposed use;

3. Fences, walls, their location, height and materials;

4. On-site parking; location, number of spaces, size and type of spaces, intended circulation path;

5. Loading areas, drive-in or drive-through facilities;

6. Landscaping;

7. Signs: locations, sizes, heights, and types;

8. Public rights of ways, easements, recreation/open space areas existing or proposed;

9. Grading and drainage plans;

10. Outdoor storage areas, location of outdoor lighting and equipment storage areas if applicable;

11. Existing or proposed water and wastewater treatment facilities;

12. Existing or proposed means of access, location, width and type. An approved encroachment permit from the California Department of Transportation, or the Mariposa County building department, or the Mariposa County road department if applicable.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Amended by Ord. 912 Sec. II on 1/7/1997

17.08.160 Site Plan Processing Procedures

This section applies to new construction or modifications of existing structures requiring a building permit:

1. The applicant shall apply to the Mariposa County building division for site plan review and approval. The building official shall forward the application to the planning department.

2. The planning commission or planning department, as appropriate, shall:

   1. Approve the application;

   2. Disapprove the application if it does not comply with this title;

   3. Conditionally approve the application stating conditions necessary to satisfy requirements of this title;

   4. Return the application to the building official for the necessary action due to inadequate, illegible or otherwise insufficient information as required in sections 17.08.140 and 17.08.150 above or other required information pursuant to this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.170 Permit Time Limits

An approved site plan shall be null and void if the project is not completed within three (3) years from date of approval thereof, unless the approval authority finds and stipulates in its original approval that a different time limit is necessary and not detrimental to the public health, safety and welfare, or, unless an extension of time has been approved. Notwithstanding anything to the contrary contained in this title, and notwithstanding the length of time for which

within three (3) years from date of approval thereof, unless the approval authority finds and stipulates in its original approval that a different time limit is necessary and not detrimental to the public health, safety and welfare, or, unless an extension of time has been approved. Notwithstanding anything to the contrary contained in this title, and notwithstanding the length of time for which

permits may be issued pursuant to this title, nothing contained herein shall in any way affect the length of time for which permits are issued pursuant to the Mariposa County Building and Construction Code (Title 15).

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.08.180 Extension Of Time

The approval authority may approve one extension of time on a permit approved pursuant to this title, for up to eighteen (18) additional months after notice is given in the same manner as the original approval, if it finds that such extension is necessary and not detrimental to the public health, safety and welfare.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

Project completion is the point at which active county review of project progress is terminated. A development project is considered completed when:

1. A certificate of occupancy has been issued by the building official verifying that all structures, site improvements and/or off-site work has been completed; and any Bonds or monies guaranteeing site improvements have been released.

2. The planning director verifies that a use or activity not involving a building or grading permit is occurring on the subject site in accordance with all applicable provisions of this title and any adopted conditions.

3. A final map is recorded, unless conditions of approval of the development plan specify other standards for determining project completion.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Any application approved pursuant to section 65956 of the Government Code shall be subject to all applicable provisions of this title, which must be satisfied by the applicant before any construction permit is issued.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

When a project requires the approval of multiple applications, the county shall make every effort to process those applications concurrently to assure a timely and equitable permit process. Where such applications are subject to different county approval authorities, the applicant may elect to have all applications heard and decided upon concurrently by the approval authority that has highest jurisdiction among all those reviewing the multiple applications. If the applicant selects this option, the original approval authority would review the application in the same manner it otherwise would, but instead of rendering a decision it would formulate a recommendation to the new approval authority.

HISTORY

Adopted by Ord. 912 Sec. II on 1/7/1997 17.12 Town Planning Area (TPA) 17.12.010 Town Planning Area (TPA)