Mariposa County Municipal Code § 17.336 Zoning

Unless otherwise prescribed, the following setback standards shall apply to all buildings, structures except as permitted by subsection C, and uses set forth in subsection D. These setback standards shall also apply to additions to existing buildings, structures, or uses set forth in subsection D.

1. Residential uses:

1. Street and front yard: The front yard setback shall be a minimum of fifty (50) feet from the centerline of a local street or state highway and a minimum of twenty (20) feet from the nearest point on a front property line or edge of any right-of-way boundary of a local street or state highway. The front yard setback is established parallel or concentric to the front property line. Fences, three (3) feet or less in height, shall be allowed within the front yard setback.

2. Side yard: The side yard setback shall be a minimum of five (5) feet from a side property line. Fences, six (6) feet or less in height, shall be allowed within the side yard setback.

3. Rear yard: The rear yard setback shall be a minimum of twenty (20) feet from a rear property line. For parcels with two or more front yards, the rear yard setback shall be a minimum of five (5) feet from a rear property line. Fences, six (6) feet or less in height, shall be allowed within the rear yard setback.

4. Subdivisions: Setbacks which vary from the setback standards contained herein may be established for parcels created through the subdivision process. The setbacks shall be established by the planning commission through the subdivision review process and shall be shown on the final/parcel map.

5. Commercial, institutional, and industrial uses:

   1. Street and front yard: The front yard setback shall be a minimum of thirty (30) feet from the centerline of a local street or ten (10) feet from the nearest point on the edge of a right-of-way boundary of a state highway. The front yard setback is established parallel or concentric to the

front property line. Off-street parking spaces and parking aisles shall not be allowed within the front yard setback.

2. Side and rear yard: There shall be no mandatory side and rear yard setbacks. Appropriate setbacks shall be determined based upon design review considerations, circulation, and loading/unloading needs.

3. Uses permitted in setback areas: The following uses shall be permitted in setback areas:

   1. Septic systems.

   2. Wells.

   3. Residential propane storage tanks except in the front yard setback.

   4. Mail boxes.

   5. Retaining walls not part of a building or structure.

   6. Underground utilities and appurtenant above-ground structures.

   7. Uncovered walkways.

   8. Driveways.

   9. Free-standing and monument signs, as long as the sign or signs do not interfere with sight distance for any driveway or roadway.

4. Uses prohibited in setback areas: The following uses shall be prohibited in setback areas:

   1. Above ground fuel storage tanks or non-residential propane storage tanks.

5. Signs attached to a building or structure which extend more than three (3) feet from the face of the building or structure.

   3. Refuse storage areas, outdoor storage areas, and outdoor work areas for commercial, institutional, or industrial uses.

   4. Decks and porches.

   5. Pools.

6. Projections in setback areas: Architectural projections including eaves, canopies, and balconies; deck and porch overhangs; and signs attached to a building shall not project more than three (3) feet into a required setback area.

7. Projections in public right-of-way: Architectural projections including eaves, canopies, and balconies; deck and porch overhangs; and signs attached to a building are allowed over and/or in the public rightof-way if a design review permit is obtained first, and then an encroachment permit is obtained from the Mariposa County public works department and/or the California Department of Transportation, whichever has jurisdiction. Any existing sign projecting into a public right-of-way that is expanded, remodeled or enlarged shall be subject to these provisions. This section of county code is applicable to businesses which are at a zero (0) lot line or within three (3) fee of the edge of the right-of-way boundary.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 Amended by Ord. 862 Sec. I on 11/9/1993 Amended by Ord. 1093 Sec. I on 12/4/2012 17.336.015 Setbacks From Drainage Ways

Unless otherwise prescribed, the following setback standards shall apply to all buildings, fill placements, and uses set forth in subsections C and D. These setback standards shall also apply to additions to existing buildings, fill placements, and uses.

1. Major drainages: The setback from major drainages shall be a minimum of fifty (50) feet from the apparent centerline of Mariposa and Stockton Creeks and in no case shall buildings, fill placements, and uses set forth in Subsections D be placed within the 100-year floodway as established by the Flood Insurance Rate Maps on file in the Mariposa County planning department. The uses set forth in subsection C may be approved by the planning director in the setback area when it is determined that the use will not result in any increase to flood levels and will not alter the flow of floodwaters on upstream and downstream properties during the occurrence of the 100-year base flood discharge. The planning director may require any information, including an engineered study, necessary to determine the impact on the flow of floodwaters.

2. Minor drainages: The setback from minor drainages shall be a minimum of twenty-five (25) feet from the apparent centerline of minor drainages as identified in Exhibit 7 of the Mariposa Town Planning Area Specific Plan. Lesser setbacks from minor drainages, the uses set forth in subsection C, and replacement of natural drainages with stormwater drainage facilities may be approved by the planning director when it is determined that the drainage will not be adversely affected. The planning director may require any information, including an engineered study, necessary to determine the impact on the flow of floodwaters. Engineered studies shall analyze the entire watershed of the minor drainage based upon planned buildout.

3. Uses permitted in setback areas subject to special standards:

   1. Bridges and other types of creek crossings, pedestrian and vehicular, and appurtenant fill materials. Fill materials shall be protected from scouring and erosion. An engineered study shall be required.

   2. Pedestrian and vehicular access improvements and appurtenant fill materials. Fill materials shall be protected from scouring and erosion.

   3. Underground utilities, appurtenant above-ground structures, and appurtenant fill materials. Fill materials shall be protected from scouring and erosion.

4. Uses prohibited in setback areas: The following uses shall be prohibited in the setback area except as permitted by subsection C:

   1. Buildings.

   2. Fill placements.

   3. Above ground fuel storage tanks.

   4. Residential or commercial propane storage tanks.

HISTORY

Adopted by Ord. 862 Sec. I on 11/9/1993 17.336.017 Highway 49 North Right-Of-Way

Unless otherwise prescribed, the following standards shall apply to all buildings, structures except as permitted by subsection C, and uses set forth in section 17.336.010(D). These standards shall also apply to additions to existing buildings, structures, or uses set forth in section 17.336.010(D).

1. Setbacks: The setback from the proposed right-of-way boundary for Highway 49 North as determined by CalTrans shall be a minimum of ten (10) feet. Commercial and multi-family residential parking areas required to meet the requirements of this title shall not be permitted in the setback area.

2. Uses allowed within proposed right-of-way:

   1. Buildings, structures except as permitted by Subsection C, and uses set forth in section 17.336.010(D) shall not be permitted in the proposed right-of-way for Highway 49 North unless the following standards are met:

3. The right-of-way necessary to construct the Highway 49 North improvement project is reduced by utilization of retaining walls or other similar improvements and/or execution of drainage and maintenance agreements and such improvements and/or agreements are approved by the planning director upon consultation with the California Department of Transportation.

   2. The building, structure, use, or parking area is setback a minimum of ten (10) feet from the reduced right-of-way boundary.

   3. A cooperative agreement between the property owners, the county, and the California Department of Transportation if necessary is executed whereby any improvements will be constructed prior to or concurrently with the Highway 49 North improvement project.

   4. The property owner shall be responsible for initiating this process; preparing all necessary studies, plans (including engineering), and agreements; and all associated costs including the costs of the improvements.

4. Uses permitted in proposed right-of-way and setback areas: The following uses shall be permitted in the proposed right-of-way and setback areas:

   1. Mail boxes.

   2. Retaining walls not part of a building or structure.

   3. Underground utilities and appurtenant above-ground structures.

   4. Uncovered walkways.

   5. Driveways.

   6. Parking areas not required to meet the requirements of this Title.

5. Proposed right-of-way boundaries: The boundaries of the proposed right-of-way boundary for Highway 49 North shall be as determined by the California Department of Transportation and as shown on the right-of-way map on file in the Mariposa County planning department.

HISTORY

Adopted by Ord. 862 Sec. I on 11/9/1993 17.336.020 Building Height

No building or structure shall be erected, constructed, or altered in any manner so that the building or structure exceeds its present height, two (2) stories or thirty-five (35) feet as measured from natural grade as defined in section 17.108.140(C) of this title, whichever constitutes the greatest height. These standards establish maximum heights, and lesser heights may be required on buildings and structures subject to design review standards.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.336.030 Parking Standards

The following parking standards shall apply to all new development and changes of occupancy which increase the required number of parking spaces. The purpose of these standards is to insure adequate on- or off-site parking so that development does not increase congestion or unsafe maneuvering within public rights-of-way or impact public parking lots financed by existing development. This section shall not apply to those properties within the boundaries of the Mariposa Parking District.

1. On-site parking space requirements:

   1. Residential uses:

      1. Studio or one bedroom apts - one and one-half (1.5) parking spaces per unit;

   2. Two (2) or more bedroom apartments or single family residential - two (2) parking spaces per unit.

2. Commercial uses:

3. Professional office - one (1) space for each three hundred fifty (350) sq. ft. of gross floor area, except floor area used exclusively for storage;

   2. Medical offices - one (1) space for each two hundred (200) sq. ft. of gross floor area, except floor area used exclusively for storage;

   3. Grocery stores, drug stores and similar intensive retail establishments - one (1) space for each three hundred (300) sq. ft. of gross floor area, except for floor area used exclusively for storage and not accessible to the public;

   4. Restaurants - one (1) space for each one hundred fifty (150) sq. ft. of gross floor area or one (1) for each three (3) persons occupancy, whichever is greater;

   5. Fast food restaurants, drinking establishments - one (1) space for each one hundred (100) sq. ft. of gross floor area;

   6. Furniture, appliance, carpet and similar low intensity retail sales - one (1) space for each one thousand (1000) sq. ft. of gross floor area;

   7. General retail except as otherwise specified herein - one (1) space for each five hundred (500) sq. ft. of gross floor area;

   8. Exterior retail sales such as auto dealer shops - one (1) space for each one thousand (1000) sq. ft. of sales and display area;

   9. Fuel service stations - three (3) spaces plus two (2) additional spaces for each service bay;

   10. Auto repair - one (1) space for each eight hundred (800) sq. ft. of gross floor area plus two (2) additional spaces for each service bay;

   11. Hotels/motels - one (1) space for each unit, plus two (2) additional spaces;

   12. Bowling alleys - two (2) spaces for each lane plus one (1) space per each employee on the maximum shift;

   13. Health clubs - one (1) space for each three hundred (300) sq. ft. of gross floor area;

   14. Theaters - one (1) space for each four (4) fixed seats or one (1) space for each fifty (50) sq. ft. of gross floor area if seats are not fixed;

   15. Barber/beauty shops - one (1) space per employee on maximum shift plus 1.5 spaces for each barber chair and/or beautician station;

   16. Dry cleaning facilities - one (1) space for each two hundred (200) sq. ft. of gross floor area used by the public;

   17. Laundromats - one (1) space for each two hundred fifty (250) sq. ft. of gross floor area;

   18. Banks and savings and loans - one (1) space for each three hundred (300) sq. ft. of gross floor area plus two (2) additional spaces per automated teller unit if there are outside automated teller machines.

4. Industrial uses

   1. Mini-storage/outside storage - three (3) customer spaces plus one (1)space per employee on maximum shift;

   2. Manufacturing, processing, fabrication and warehousing uses - one (1) space for each one thousand (1000) sq. ft. of gross floor area within a building plus one (1) space for each two thousand (2000) sq. ft. of exterior active use area plus one (1) space for each five thousand (5000) sq. ft. of exterior storage area;

   3. Research and Development Facilities - one (1) space for every employee on the maximum shift plus one (1) space for each company vehicle.

5. Institutional uses:

6. Churches, lodge halls and other public assembly areas - one (1) space per four (4) fixed seats (eighteen [18] linear inches along a bench is considered one [1] fixed seat), or one (1) space per fifty (50) sq. ft. if fixed seats are not provided;

   2. Libraries, galleries and museums - one (1) space for each three hundred fifty (350) sq. ft. of gross floor area; .

   3. Day care and pre-school - one (1) parking space plus one (1) loading/unloading space for each five (5) children;

   4. Elementary and junior high school - one (1) space for each classroom and one (1) space for each four (4) fixed seats or fifty (50) sq. ft. of area in the auditorium or gymnasium;

   5. High schools - six (6) spaces for each classroom and one (1) space for each four (4) fixed seats or fifty (50) sq. ft. of area in the auditorium or gymnasium;

   6. Hospitals - two (2) spaces for each bed;

   7. Convalescent hospitals, nursing homes - one (1) space for each five (5) beds plus the number of spaces required for the office and the residence, if applicable.

7. General Provisions: Accessible on- or off-street parking areas shall be provided and maintained as set forth in this section. Parking areas shall provide parking and maneuvering room for motor vehicles and for pedestrian safety based on the anticipated occupancy of the related building, structure or exterior use. Where there is a combination of principal uses in any one facility, the sum of the parking requirements of these uses shall be provided unless otherwise addressed by these standards. If the calculation of parking requirements results in the requirement for a fraction of a parking space, such parking space need not be provided unless the fraction exceeds fifty percent. This section shall not be construed to prohibit the installation and maintenance of more parking spaces than the minimum required.

   1. Parking review: Plans submitted for a building permit shall include the design of the required parking area drawn to scale. Such plans shall include all parking spaces and maneuvering areas, curb cuts, landscaping and other improvements. The building permit shall not be issued until such parking plans have been approved by the planning department and no final inspection shall be approved until the parking spaces and required landscaping are installed. . If the parking demand is increased due to a change of occupancy which does not require a building permit, the planning department shall review and approve the parking plan prior to the establishment of the new occupancy. The parking plan shall be approved in this case if it complies with all standards contained in this section.

   2. Seats or seating capacity: Where the standards for parking set forth in this section are based upon seating capacity, the capacity shall be determined by reference to the actual seating capacity of the subject area based upon the number of seats or one (1) seat per eighteen (18) inches of bench or pew length and one (1) seat per twenty-four (24) inches of booth length for dining, but in no case shall seating be less than as required by the Uniform Building Code.

   3. Parking reductions:

      1. Parking reductions or modifications to parking standards may be granted by the planning commission when considered through the variance process or in conjunction with a use permit or other discretionary application. Such reductions or modifications shall only be granted when findings are made that there are unique circumstances, that such reduction does not compromise the intent of providing adequate parking, and that there will be no adverse impact on access or circulation. The project proponent shall submit evidence documenting the existence of these circumstances.

      2. In addition to this process, the following variation to the parking standards may also be granted:

   4. Shared parking - At the discretion of the planning director or the planning commission, whichever has jurisdiction, where two (2) or more commercial uses share parking facilities, the minimum space requirement may be reduced by up to fifty percent (50%) of the parking requirement for the use requiring the least parking, subject to a minimum of ten (10) parking spaces being provided. In order to allow such reduction, the approval authority shall find that such reduction does not compromise the intent of providing adequate parking considering hours of operation or other factors and that there will be no adverse impact on access or circulation. Such a reduction shall be subject to the recordation of enforceable agreements prior to issuance of a building permit, which ensures that appropriate programs are implemented for the life of the use and shall be required as a condition of approval of the parking reduction;

   5. Bus spaces - For parking lots containing fifteen (15) or more parking spaces and serving tourist oriented uses as determined by the planning director, one bus space shall be allowed to take the place of six (6) conventional parking spaces. One bus space shall be allowed in this manner for each fifteen (15) conventional parking spaces within a parking lot. A bus parking space shall have a minimum dimension of twelve (12) feet by fifty (50) feet and shall include adequate maneuvering room for safe ingress and egress;

   6. On-street spaces - When required parking cannot be located on site, on-street parking spaces may be developed by the applicant in lieu of the on-site parking as approved by the planning director and public works director in accordance with the following:

      1. A minimum of two (2) on-street spaces shall be provided.

      2. Two (2) on-street spaces shall be required for each required on-site space.

      3. Spaces shall be constructed in accordance with applicable provisions in the Road Improvement and Circulation Policy.

8. An encroachment permit shall be required for development of spaces within a county maintained road right-of-way.

   5. Existing on-street spaces may be counted if approved by the planning commission following a noticed hearing. In order to allow such reduction, the approval authority shall find that such reduction does not compromise the intent of providing adequate street parking to the general public considering hours of operation or other factors.

   6. The spaces shall be developed within the project site frontage or immediately adjacent to the project site.

   7. There shall be safe, convenient pedestrian access from the parking spaces to the subject use.

   8. Signs which reserve the on-street parking spaces for the applicant’s clientele or others shall be prohibited.

9. Existing facilities: Any building or use for which parking facilities become substandard by the adoption of this sub-title shall be considered a nonconforming use. Such nonconforming use may continue, but no enlargement or expansion shall be made in such use or building, unless the required number of parking spaces or parking areas required by this section for the enlargement or expansion are provided in addition to the existing parking spaces and areas. Any change of occupancy or use in an existing building or lot which requires more parking space shall provide the additional parking spaces and areas required by this section.

   5. Tandem parking: Except where specifically permitted by this section, parking spaces shall not be in tandem. All parking spaces shall be free of obstructions, and parking should be accomplished in a continuous forward movement. Tandem parking shall mean one (1) parking space located behind another parking space which has no direct access to the driveway or street.

   6. Provisions for residential uses:

      1. Parking locations: Off-street parking spaces for single-family detached dwellings shall be located on the same lot or parcel on which the dwelling is located. Offstreet parking spaces for all other dwellings shall be located on the same development site and on the same lot or parcel or not more than two hundred (200) feet from the lot or parcel on which the dwelling is located. There shall be safe, convenient pedestrian access from the parking spaces to the subject use.

      2. Senior citizen parking: The total number of parking spaces required for senior citizen housing may be reduced by up to twenty-five percent (25%), based upon a finding that the proposed development is located within five hundred (500) feet of a shopping center or is served adequately by a transportation system;

      3. Assigned spaces: One (1) of the required parking spaces for each multi-family dwelling unit shall be an assigned parking space, not more than two hundred (200) feet away from the unit to be served.

      4. Where more than one (1) parking space is provided for a residential unit, tandem parking shall be permitted provided at least one (1) space per dwelling is individually accessible.

   7. Provisions for commercial and industrial uses:

10. Parking locations: 1) In commercial zones, off-street parking shall be located on the same lot as, or on a lot contiguous to, the building, structure, or use to be served except for uses within the Mariposa Parking District; 2) Parcels off-site from the project site may also be approved by the planning director as satisfying a portion of required parking if the director finds that the parking spaces are within a safe, convenient walking distance of two hundred (200) feet from the project site, that the uses on the project site are conducive to remote parking, that there will be no adverse impact on access and circulation, and that said parking is not being used as required parking for another use. A recordable, enforceable agreement shall be executed prior to issuance of a building permit or use of the project site ensuring the continued availability of this parking or its equivalent. Distances in excess of 200 feet may be approved by the director if there are special circumstances that shall meet the above criteria;

    2. Spaces not for repair or storage: Required parking spaces shall not be used, or be permitted to be used, for the repair, servicing, or storage of vehicles or for the storage of materials.

    3. Uses not specified: Commercial parking requirements for uses not specified in this part shall be based upon a standard of one (1) space per three hundred (300) square feet of gross floor area, unless the planning director or planning commission approves a different parking requirement, based on the most comparable uses specified in this part.

11. Design standards:

    1. Parking stall sizes: Except for designated employee parking spaces, each standard off-street parking space shall be at least the following minimum sizes:

All compact off-street parking spaces shall be at least the following minimum sizes:

For designated employee parking space, the space width may be reduced to eight feet-six inches (8'6") for ninety degree (90º) parking.

No more than forty percent (40%) of the required number of parking spaces may be sized for compact cars. Such spaces shall be clearly marked "compact cars only".

All standard and compact parking stalls shall be clearly striped;

2. Handicapped requirements: Off-street parking spaces shall be provided for handicapped persons. The number of handicapped spaces and the design shall be as specified by Title 24 of the California Code of Regulations. Generally, all handicapped parking spaces shall be located in proximity to curb ramps or other pedestrian walks providing the most direct access to the primary entrance of the building served by the parking lot and where the handicapped person is not required to maneuver behind any parked vehicles;

3. Driveway access to parking spaces for a single family dwelling unit shall not be less than nine feet (9’) in width. Driveway access used to serve more than two (2) dwelling units shall not be less than twelve feet (12’) in width. The maximum driveway grade for a single-family residence and for commercial development shall be sixteen percent (16%). Driveway access to all uses other than residential shall have a width of not less than fourteen feet (14’) if one-way, or not less than twenty-two feet (22’) for a two-way, combined entrance and exit. Minimum aisle widths shall be as follows:

• • Denotes one-way aisles only.

Where two-way traffic is permitted, the minimum aisle width shall be twenty-six (26) feet.

4. Parking lot and access surface: (a) Except as provided for by Subsection B, all areas used for parking and access to such parking areas shall be completely paved with asphalt or concrete surfacing. When findings are made that the use is low intensity and that alternative surfacing materials are adequate for the use such alternative materials may be approved by the planning director. Further, all parking areas and accesses shall be provided with adequate drainage as approved by the planning director. Any portion of the parking area not paved shall be landscaped; . (b) All areas used for parking and access to such parking areas for single family residences constructed on parcels greater than one (1) acre (net) may be surfaced with a minimum of two (2) inches of aggregate road base or equivalent with adequate drainage as approved by planning director.

5. Parking lot slope: Commercial parking lots shall not have a slope exceeding four and one-half percent (4.5%), except for access ramps or driveways which shall not exceed a slope of sixteen percent (16%);

6. Wheel stop standards: Wheel stops shall be installed two feet (2’) from the edges of the required sidewalks, planters, and landscaped areas for all parking spaces in order to protect the required sidewalks, planters and landscaped areas from vehicular overhang and to protect any structure from vehicular damage. A planter curb may function as the wheel stop but the planter shall be a minimum of six feet (6’) in width. All wheel stops shall be maintained in good condition;

7. Off-street loading and unloading spaces: Offstreet loading and unloading spaces shall be provided as determined necessary by the planning director during project design review.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 Amended by Ord. 862 Sec. I on 11/9/1993 Amended by Ord. 904 Sec. 1 on 9/24/1996 17.336.040 Hillside Development

These standards shall regulate all new construction, including residential construction, on parcels or construction areas with an average slope in excess of 20% as determined by the planning director.

1. Building design: All structures shall be designed and constructed using stepped foundations to reduce required cut and fill. Conventional monolithic slabs shall be prohibited on such slopes. This requirement may be waived where it can be shown to the satisfaction of the planning director that the proposed building site has a natural grade of less than 10%.

2. Grading and foundation standards:

   1. All grading shall be based upon engineered plans prepared in accordance with the standards in the Grading Ordinance and based upon a specific building design. The grading plans shall include soil stabilization and revegetation measures based upon soil conservation service or comparable standards. The grading plan shall include gutter and down spout locations.

   2. All building footings shall have a minimum depth of 18 inches below undisturbed native ground and a minimum width of 12 inches unless a reduction to the depth and/or width of the footings is allowed by specific geotechnical analysis. All footings shall be inspected by a soils engineer prior to concrete placement unless inspection is waived by the building official.

   3. Cut slopes less than 5 feet high shall not be steeper than 1 to 1. Cut slopes higher than 5 feet shall not be steeper than 1 1/2 to 1. Cut slopes greater than 10 vertical feet (aggregate total) shall be prohibited. If retaining walls are utilized, the height of cut banks shall be measured from the top of the retaining wall. Cut slopes within building areas shall not exceed 2 to 1 unless specifically engineered. Fill placements greater than 10 vertical feet (aggregate total) shall be prohibited. Fill slopes shall not be steeper than 2 to 1. All cut and fill slopes shall be restabilized and revegetated.

   4. No grading plans shall be approved and no grading shall occur except in conjunction with approved building plans for residential construction or approved road plans based on an approved tentative map.

3. General development standards:

   1. A landscaping plan shall be submitted in conjunction with the grading plan for individual lot grading. The landscaping plan shall be designed to provide for the permanent revegetation of all disturbed areas that will not be covered with buildings, driveways or parking areas. The landscaping plan shall be prepared and reviewed in accordance with the plan preparation and plant criteria established in Chapter 17.66 and section 17.336.060 of this title. The landscaping shall be installed and approved prior to the issuance of a certificate of occupancy to the residence.

   2. The maximum lot coverage for buildings and structures shall be thirty percent (30%).

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 Amended by Ord. 862 Sec. I on 11/9/1993 17.336.050 Improvement Standards

The following improvements shall be completed in conjunction with all construction within the Mariposa town planning area. Issuance of building permits shall be subject to an approved design of the required improvements and a certificate of occupancy for a structure shall not be issued until the required improvements are completed or deferred based upon an approved improvement agreement or payment of an equal in-lieu fee as determined by the public works director.

1. Roads: Road improvements shall include roadways, parking lanes, curbs, gutters and sidewalks, pedestrian paths, street lights and street landscaping as appropriate.

   1. Single family residences: No improvements required except as specified by the final subdivision map creating the parcel upon which construction is occurring.

   2. Commercial, industrial, institutional, and multifamily: Frontage improvement, as defined by the Mariposa County Road Improvement and Circulation Policy, shall be required for all projects generating more than one hundred (100) average daily trips as determined by the public works director.

2. Water and sewer: All new construction located within the Mariposa Public Utility District which increases the demand for water and/or sewer services shall connect to the MPUD water and sewer system. The developer shall provide the necessary infrastructure including adequate fire flows and fire hydrants as determined by the district. All new development within the TPA shall be subject to the following water conservation standards:

   1. Specific low-flow fixtures and devices required: The plumbing fixtures and devices specified in this section shall be installed, unless otherwise indicated herein, in every new building or addition to an existing building for which a building permit is required, and when a replacement fixture or device is required in any building.

   2. Faucets (general): All lavatory, kitchen and bar sink faucets shall be designed, manufactured, installed or equipped with a flow control device or aerator which will not allow a water flow rate in excess of two and three-fourths (2.75) gallons per minute.

   3. Faucets (public restrooms): In addition to the general requirements set forth in subsection (a) above, lavatory faucets located in restrooms intended for use by the general public shall be of the metering or self-closing type.

   4. Showerheads: Showerheads, except where provided for safety reasons, shall be designed, manufactured and installed with a flow limitation device which will not allow a water flow rate in excess of two and three-fourths (2.75) gallons per minute. The flow limitation device must be a permanent and integral part of the showerhead and must not be removable to allow flow rates in excess of two and three-fourths (2.75) gallons per minute.

   5. Urinals: Urinals shall be designed, manufactured and installed so the maximum flush will not exceed one and one-half (1.5) gallons of water. Adjustable type flushometer valves may be used provided they are adjusted so the maximum flush will not exceed one and one-half (1.5) gallons of water.

3. Water closets: Water closets shall be designed, manufactured and installed so the maximum flush will not exceed one and one-half (1.5) gallons of water.

4. Utilities: All construction on parcels of three (3) acres (gross) or smaller in size shall be required to underground all power, phone, cable t.v. and other similar utility lines. Undergrounding of utilities shall occur from the nearest overhead line, if applicable.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992

These standards shall apply to multi-family residential, commercial and industrial development within the Mariposa town planning area and shall be applied to all new construction and building modifications/renovations requiring a building permit.

1. Site development standards:

   1. Minimize grading by utilization of multiple or stepped buildings conforming with the natural topography. Onsite grading shall not be allowed until a development plan for the site is approved;

   2. Maximum building area for development shall be determined by appropriate building scale and landscaping;

   3. Require desirable and appropriate transition from street to building, including landscaping, pedestrian access and parking;

   4. Preserve prominent or unique natural features including topographic features, rock formations, water courses and vegetation;

   5. Encourage clusters of buildings which are in scale with the area in which they are located;

   6. Allow designs incorporating passive and active solar design for both heating and cooling;

   7. Establish Mariposa Creek as an open space area for flood control, recreation, pedestrian circulation and community enhancement purposes, and require individual development to observe and enhance the open space area;

   8. All utilities, with the exception of propane storage tanks, shall be underground within the project site.

2. Building design standards:

   1. Diversity of architectural style is encouraged within the broad bounds of what is appropriate for Mariposa;

   2. Buildings shall incorporate functional elements of the historic buildings of the region, such as porches and roof overhangs for shade and weather protection, durable and fire resistant building materials and limited site excavation. The historic design review overlay architectural theme and development guidelines shall provide specific information regarding historical buildings;

   3. Buildings shall have an appropriate scale which is harmonious with the neighborhood;

   4. Building design and character should not conflict with adjoining development;

   5. Monotony of design within the community should be avoided. Projects involving multiple buildings should include variation in building location and detail;

   6. Base color for buildings (largest building surface) should generally be light colors in warm tones. Trim may be brighter or darker colors to compliment architectural features. Natural finishes such as stone, wood, brick, and tile are encouraged. Painted surfaces shall be harmonious with the natural finish. Quality and longevity of exterior finishes will be an important consideration in the design review;

   7. All exterior mechanical equipment on roof, building and ground should be enclosed or screened from public view either by utilizing materials compatible with the building or locating them away from public view. Refuse storage areas, service yards and exterior work areas shall be screened from public areas such as streets, sidewalks and parks;

3. Drive-thru facilities shall be prohibited unless all of the following conditions are met:

   1. The drive-thru facility is not a part of a commercial use that takes direct access from either State Highway 140 or 49;

   2. The drive-thru facility shall be solely limited to providing prescription pharmaceutical products.

4. Landscaping standards:

   1. Landscaping shall include existing and planned vegetation, fences, walls, pedestrian ways, exterior furniture and patios, berms, and irrigation systems;

   2. Landscaping is necessary to enhance architectural features, screen unsightly areas and provide an attractive transition from street to building and between adjacent developments;

   3. Utilization of indigenous and/or water conserving plants shall be required. Utilization of plants which are susceptible to insects and disease shall be strongly discouraged;

   4. Natural topographic and vegetative elements should be incorporated into the project design when such elements contribute to the attractiveness of the development;

   5. Trees and landscaping shall be included in all parking lot designs. A differentiation between perimeter landscaping and interior landscaping is made in these requirements. The purpose of perimeter landscaping is to screen parking areas from the street and/or adjacent residential uses. The purpose of interior landscaping is to provide shade within the parking area, reduce heat generated by paved parking areas, assist in on-site circulation and improve the general appearance of the site;

   6. Planting areas for interior landscaping shall be designed so as to maximize provision of shade throughout the parking area during the summer months. For new construction or expansion of existing parking lots by fifty percent (50%) or more, the minimum area for interior landscaping shall be calculated as follows:

      1. Option one - Ten percent (10%) of the total parking area, including drive aisles shall be landscaped. Generally a minimum of one (1) tree shall be provided in the interior landscaping areas for every five (5) parking spaces. Developments requiring less than five (5) parking spaces are exempt from the interior landscaping standard. Perimeter landscaping may count for up to fifty percent (50%) of the required interior landscaping if site conditions dictate;

5. Option two - Interior landscaping shall be provided so as to meet minimum shading requirements. Shading requirements shall be achieved by use of on-site shade trees placed so that the required percentage of the total parking area, including drive aisles, is shaded by tree canopies within fifteen (15) years of securing a building permit for the proposed development. Minimum shading requirements are established as follows:

Parking spaces required Percent of total parking shaded

Tree coverage shall be determined by the approximate crown diameter of each tree at fifteen (15) years as estimated on the approved tree list. The percentage of area required to be shaded shall be based upon the number of above-ground and uncovered parking spaces provided. Developments providing less than five (5) parking spaces shall be exempt from the minimum shading requirements;

7. Planting areas for perimeter landscaping shall be designed so as to maximize effectiveness of the landscaping as a visual screen. Planting areas for perimeter landscaping shall be a minimum of three (3) feet wide. Shrub materials used in perimeter landscaping areas shall be a minimum of five (5) gallons in size at the time of planting. Perimeter planting areas shall only be required when screening of parking areas from the street or adjacent residential uses is necessary;

8. If landscaping is utilized for screening of mechanical or electrical equipment, or service areas including those which contain such items as trash dumpsters and propane tanks, vegetation used shall be equally effective at all times of the year;

9. Landscaping shall be designed so that it will not obstruct sightlines necessary for safe vehicular and pedestrian circulation, and will not interfere with public utilities;

10. Landscaping plans shall consider the full growth of the vegetation;

11. Parking lots shall contain plantings and walkways that help direct pedestrians safely and comfortably to their destinations;

12. Planting areas subject to damage from foot or vehicle traffic shall be protected by curbing, fencing or walls;

13. Parking areas and pedestrian ways shall be surfaced with A.C. paving, concrete or similar materials unless a determination is made that the traffic intensity of the use is low enough that such surfacing is not required;

14. All trees utilized in landscapes shall be from the approved tree list and a minimum of fifteen (15) gallons in size at the time of planting. Dwarf trees or unique specimens or species are exempted from this requirement when used as accents and not to meet shade requirements;

15. Provisions for irrigation shall be provided within all landscaped areas where necessary. Drip irrigation systems shall be encouraged as a water conservation measure;

16. The property owner shall be responsible for the maintenance of all landscaping in good condition so as to present a healthy, neat and orderly appearance for the life of the development. Dead or diseased plants shall be immediately replaced with plants which meet the size requirements established herein;

17. Grades for berms used in perimeter landscaping areas shall not exceed thirty-three percent (33%);

18. All landscaped areas must incorporate use of ground cover. Use of vegetative ground cover is encouraged and use of gravel, rock or bark, may be allowed if determined appropriate based upon the proposed landscape theme.

19. Sign standards:

    1. For the purpose of this policy, signs shall be defined as advertising displays visible from the exterior of a building;

20. Signs shall be integrated into the building design and harmonize with the overall site development. Signs on the face of the building or low lying monument signs are encouraged. Roof signs and perpendicular signs attached to the building, and extending more than six (6) ft. from the face of the building, shall be strongly discouraged;

    3. Signs constructed of natural materials (wood, stone, brick, etc.) shall be encouraged. Modern materials which closely resemble natural materials are allowable;

    4. Overall sign size shall be related to the scale and type of development. Maximum area for sign(s) complying with paragraph No. three (3) shall be sixty-four (64) sq. ft. for each sign and the total aggregate area of all signs for each business. Internally lit signs or signs not made of natural materials or modern materials which closely resemble natural materials, shall have maximum area of thirty-two (32) sq. ft. for each sign and the aggregate of all signs for each business. Businesses utilizing any internally lit signs or signs not made of natural materials or modern materials which closely resemble natural materials, shall be subject to the thirty-two (32) sq. ft. maximum sign area. If external lighting is used for signs, the lighting shall be shielded and directional and shall not shine light off-site. Larger signs for “large scale development” may be considered if they comply with all of the standards within this paragraph. The allowance of larger signs for “large scale development” shall be based on the building square footage. Businesses which are over 10,000 sq. ft. in size (gross floor area as established by either the building permit plans for the building or as established by the assessor/recorder files) shall be “large scale development”. In the case of a multi-story building, the square footage of each story or floor shall be included in the calculation of the total gross floor area. Large scale development businesses shall be allowed an additional 64 square foot of advertising signage when all advertising signage complies with paragraph no. three (3) above. Large scale development businesses shall be allowed an additional 32 square feet of advertising signage with businesses utilize any internally lit signs or signs not made of natural materials. The additional advertising signage for large scale development businesses allowed by this paragraph shall be located on the face of the building;

    5. Graphic elements on signs shall be limited to the minimum necessary to convey services offered and shall be proportional to the overall sign area;

    6. On-site directional signs which are less than ten (10) sq. ft. in size and do not advertise the business or contain the business logo or trademark shall not be included in calculating the overall sign area, however, such signs shall be reviewed as a part of the overall design plan;

    7. In no instance shall it be appropriate for a sign to extend above the roofline of the building;

21. Temporary signs and banners for short-term sales and events shall not be regulated by these policies, other than as contained herein. Banners and signs displayed for longer than twenty-one (21) days shall be subject to these regulations. Advertising flag signs are considered temporary signs. Sandwich board signs are not considered temporary signs and allowed pursuant to the regulations established by the following paragraph and this code. A display, information sign, banner or other advertising device erected for an initial business opening may be displayed for a total of sixty (60) days or less. Temporary signs or banners for special community events shall be

removed within five (5) calendar days after the event. Temporary sign size limitations are as follows: a) an individual temporary sign and aggregate of all temporary signs displayed at any one time on-site shall not exceed thirty-two (32) square feet. Temporary signs may consist of a maximum of one banner sign and/or a maximum of 2 flag signs and/or signs displayed in windows. No more than five (5) temporary signs may be displayed at any one time;

9. Sandwich board signs shall only be displayed during regular business hours and shall be maintained in good repair. A maximum of two (2) sandwich board signs are allowed per business. Sandwich board signs are not counted toward the allowed sign area established by other sections of this code;

10. Community information boards, not exceeding ninety-six (96) sq. ft. in area and constructed of natural materials, may be located within the Mariposa town planning area. Such signs may include a map of the community, the location of groups, civic organizations, churches and matched business advertisements each of which may not exceed two (2) sq. ft. in area. The maximum size standards shall not apply to the existing sign located at the northwest corner of the intersection of Highway 140 and 6th street (2012 APN 013-182-003), which may be maintained, including replacement of facial copy but which may not be increased in size;

11. Off-site signs shall be specifically prohibited.

12. Window signs which comply with specific provisions as described herein shall be permitted on all parcels within the Mariposa Town Planning Area notwithstanding anything to the contrary contained in any regulatory language contained in this specific plan and shall not be included in calculating the overall sign area permitted by the appropriate design review district. For the purposes of this section, a window sign shall be defined as a sign that is applied or attached to the exterior or interior of a window or located within a building, and is readable and conspicuously visible from the exterior of the structure. Signs hung in, or visible through, open doorways shall be considered window signs. Sign copy for window signs shall not exceed twenty-five percent (25%) of the total building face window area including windows in doors, or shall not obscure vision through the window for more than twenty-five percent (25%)of the total building face area, as determined by the planning director, unless such signs are not conspicuously visible from the public right-of-way. In addition, all window signs shall be confined within a generally rectangular area not to exceed fifty percent (50%) of the total window area. Graphic elements should comply with the standards of the appropriate design review district. Sign copy shall be measured by the smallest rectangle within which the copy can be enclosed. Internally illuminated signs including neon signs and signs with predominately florescent colors shall not exceed one-half (1/2) of the window sign copy allowed by this section.

13. Wayfinding signs as defined in Section 17.148.010 of Mariposa County Code are a permitted use on all parcels.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 Amended by Ord. 904 Sec. 1 on 9/24/1996 Amended by Ord. 1036 Sec. I on 3/3/2007 Amended by Ord. 1093 Sec. II on 12/4/2012

These standards shall apply to residential, commercial and industrial development within the historic design review overlay zone.

1. Development standards: All standards of the architectural theme and development guidelines for the design review overlay zone shall apply within the historic design review overlay zone except as modified by the following specific standards:

   1. All construction within the historic overlay zone shall comply with historical Mariposa architecture defined as architecture generally utilized in the region from the years 1850 to 1920 and which is exemplified by the buildings outlined in the list of historical resources in Mariposa contained in the Mariposa TPA specific plan. Spanish style construction is included as historically significant;

   2. Buildings shall be constructed of wood, brick, adobe, stone, or other historic materials. Modern materials which closely resemble the historic materials are allowable. Examples of the desired surface and texture of the historic material are provided as an appendix to this document;

   3. All buildings shall comply with the style of architecture typical to the region in the period identified above. Such architecture typically included design features such as gabled or shed roofs, tall narrow windows and doors, dormer windows, functional iron or wood shutters, balconies, porches, awnings, detailed scroll work, ornate functional elements such as vents, railings, support posts, etc. Examples of the desirable architectural elements are contained in the Mariposa County Gold Rush Design Review Guidelines, Mariposa County planning department;

   4. Signs shall be constructed of materials consistent with no. two (2) above. Modern materials which closely resemble the natural or historic materials are allowable. The maximum sign area for any business shall be thirty-two (32) sq. ft. If external lighting is used for signs, the lighting shall be shielded and directional, and shall not shine lights off site. Graphic elements on the signs shall be designed utilizing the lettering types and techniques of the historic period. Lighting equipment for signs shall not be visible from public view or shall be an historically compatible fixture. Sign standards shall be constructed of materials consistent with the historic architecture. Internally lit signs shall be prohibited within the district except for those provided for in section 17.336.060.D.11. Larger signs for “large scale development” may be considered if they comply with all of the standards within this paragraph. The allowance of larger signs for “large scale development” shall be based on the building square footage. Businesses which are over 10,000 square feet in size (gross floor area as established by either the building permit plans for the building or as established by the assessor/recorder files) shall be “larger scale development”. In the case of a multi-story building, the square footage of each story shall be included in the calculation of total gross floor area. Large scale development businesses shall be allowed an additional 32 square feet of advertising signage when all advertising signage complies with paragraph no.two (2) above. The additional advertising signage for large scale development businesses allowed by this paragraph shall be located on the face of the building. Wayfinding signs as defined in section 17.148.010 of the Mariposa County Code are a permitted use on all parcels;

   5. New structures within the district shall not be significantly larger in size and scale than existing buildings within the historic overlay zone;

   6. New development shall be designed to promote foot traffic throughout the historic overlay zone. Signs shall be designed to provide information to the pedestrian as well as the automobile;

   7. Screening of parking areas from public view shall be strongly encouraged. This can be accomplished by locating the parking behind buildings or by utilizing landscaping;

   8. Exposure and renovation of original building surfaces on historical structures shall be encouraged.

2. Notwithstanding the setback standards as contained in section 17.336.010, awnings, canopies, covered walkways, and other similar structures may be permitted in the front yard setback if reviewed and approved as part of the overall design plan of the building.

3. Drive-thru facilities shall be prohibited.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 Amended by Ord. 862 Sec. I on 11/9/1993 Amended by Ord. 904 Sec. 1 on 9/24/1996 Amended by Ord. 1036 Sec. I on 3/3/2007 Amended by Ord. 1093 Sec. III on 12/4/2012

1. Application: These standards shall apply to all exterior modifications and demolitions of buildings and structures designated as historic as shown in Appendix C of the Mariposa Town Planning Area Specific Plan.

2. Development standards and plan review requirements: The development standards, plan review requirements, plan processing procedures, and demolition permit and review standards for this section shall be as set forth in Chapter 17.332 (Historic Design Review Overlay Zone) and section 17.336.070 (Architectural Theme and Development Guidelines for HDRO) of this title.

HISTORY

Adopted by Ord. 862 Sec. I on 11/9/1993 17.336.080 Grading

1. A sediment control plan prepared and approved in accordance with section 15.28.120(C) of County Code shall be required for all grading activities conducted between November 1 and April 1 requiring a grading permit.

2. A stormwater drainage plan, prepared and approved in accordance with section 15.28.110 of County Code, shall be required for all multi-family residential, commercial, and industrial development which have building and parking areas exceeding five thousand (5,000) sq. ft.

3. The one hundred (100) year flood plains of Mariposa and Stockton Creeks as delineated in the Flood Insurance Rate Maps on file in the Mariposa County planning department are identified as flood hazard areas in accordance with section 15.28.150 of County Code.

4. All exposed and/or disturbed soils created by grading which requires a grading permit shall be watered down or suppressed during grading operations to reduce the generation of fugitive dust. During nongrading periods, all stockpiles of debris, soil, sand, or other materials shall be protected from wind erosion.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.336.090 Private Wells

The drilling, construction, and/or utilization of new private water wells within the Mariposa Public Utility District shall be prohibited.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.336.100 Woodstoves, Fireplaces, And Chimneys

1. Woodstoves and fireplaces: All new woodstoves and fireplaces, including replacement woodstoves, installed within the town planning area shall comply with the phase II standards of the United States Environmental Protection Agency. Repair of existing fireplaces shall be exempt from this standard.

2. Chimneys: A maximum of one (1) chimney associated with a wood burning heat source shall be allowed in new residential units constructed within the town planning area.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.336.110 Wildlife Protection

Prior to any construction that displaces soil requiring a building and/or grading permit within the habitat boundaries of the Mariposa Clarkia as identified in Exhibit 34 of the Mariposa Town Planning Area Specific Plan, a botanical survey shall be conducted by a qualified botanist. The purpose of this survey is to locate any existing populations of Mariposa Clarkia that may be impacted by the proposed construction or grading. Measures shall be incorporated into the construction plans to avoid any adverse impacts on the Mariposa Clarkia. Individual botanical surveys shall not be required if the county performs an area wide survey identifying and mapping all existing populations.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.336.120 Archaeological Protection Standards

1. Prior to any construction that displaces soil requiring a building and/or grading permit on the properties comprising assessor's parcel numbers 12-200-18 and 19, an archaeological reconnaissance shall be performed by a qualified archaeologist. The construction/grading plans shall incorporate all mitigation measures identified in the archaeologist's report. The mitigation measures identified in the archaeologist's report shall comply with the criteria established by Appendix K of the California Environmental Quality Act Guidelines.

2. Prior to consideration of any land division application proposing parcels less than five (5) acres in size or specific plan amendments on property in the northern part of the TPA outside the MPUD boundaries, an archaeological reconnaissance shall be performed on the subject property. The approving body shall develop mitigation measures to preserve, protect, or excavate any important archaeological resources based on the recommendations contained in the reconnaissance report and the recommended mitigation set forth in Appendix K of the California Environmental Quality Act Guidelines.

3. If human remains not previously identified are discovered or recognized during grading or development activities in the identified areas listed in Subsections A and B of this section, there shall be no further excavation or disturbance of the site or nearby area reasonably expected to overlie adjacent human remains. The county coroner shall investigate the cause of death of the remains, and an archaeological reconnaissance shall be performed on the subject property to evaluate the remains. The planning director shall develop mitigation measures to protect, preserve, or properly excavate the remains in accordance with the mitigation for human remains set forth in Appendix K of the CEQA guidelines.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.336.130 Emergency Shelter Standards

Emergency shelters shall be subject to the development standards in the zone district(s) that permit this use. In accordance with the authority to the county of Mariposa in section 65583(a)(4) of the California Government Code, emergency shelters shall also meet the following standards:

1. Building Code Standards In addition to the standards set forth in here and below emergency shelters shall also be required to comply with the California Building Standards Code in effect at the time of permit application or issuance.

2. Management Plan Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be approved by the planning director. The management plan must include the following:

   1. Provisions for staff training

   2. Resident identification process

   3. Policies regarding pets

   4. The timing and placement of outdoor activities

   5. Temporary storage of residents’ personal belongings

   6. Safety and security

   7. Screening of residents to insure compatibility with services provided at the facility

   8. A description of training, counseling and social service programs for residents, as applicable.

3. Location An emergency shelter shall not be located within 300 feet of another emergency shelter.

4. Occupancy Load and Bathroom Facilities Each resident shall be provided a minimum of 50 gross square feet of personal living space per person, not including space for common areas. In no case shall occupancy exceed 15 residents at any one time. Bathing facilities shall be provided in quantity and location as required in the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2).

5. Parking Off-street parking shall be provided at the ratio of 1 space per 6 beds, plus 1 space per manager or staff person on duty.

6. Lighting Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and the public right-of-way, utilize full cut-off lighting meeting International Dark Sky Standards, and be of an intensity compatible with the neighborhood.

7. Laundry Facilities The shelter shall provide laundry facilities or services adequate for the number of residents.

8. Refuse A refuse storage area shall be provided that is screened from view by the public right-of-way.

9. Storage Storage outside of the shelter facilities shall be in a structure or shall be screened from surrounding properties.

10. Common Facilities and Services The emergency shelter facility may provide one or more of the following specific facilities and services, including but not limited to:

11. Adequate kitchen facilities designed and operated in compliance with the California Retail Food Code;

12. Dining area;

13. Laundry;

14. Recreation facilities;

15. Support services, (e.g., training, counseling);

16. Child Care Facilities

17. On-site waiting and intake areas. If the emergency shelter provides on-site waiting and intake areas, such areas shall be located either inside the facility or fully screened from the view of the public right-of way and neighboring properties.

12. Length of stay occupancy in an emergency shelter is limited to 6 months.

HISTORY

Adopted by Ord. 1090 Sec. VII on 8/7/2012