Mariposa County Municipal Code § 2.52 Administration And Personnel

The planning commission shall consist of five (5) members appointed by a majority vote of the board of supervisors. Each supervisorial district shall be represented by one regular member who shall reside within the district.

HISTORY

Adopted by Ord. 387 Sec. 2 on 8/13/1974 Amended by Ord. 390 Sec. 1 on 1/7/1975 Amended by Ord. 581 Sec. 1 on 7/6/1982 Amended by Ord. 632 Sec. 1 on 11/27/1984 Amended by Ord. 848 Sec. 1 on 1/19/1993 2.52.020 Qualifications

Each member of the planning commission shall be a qualified elector of the county.

HISTORY

Adopted by Ord. 387 Sec. 3 on 8/13/1974 2.52.030 Term, Nomination And Appointment

The term of each member of the planning commission shall coincide with the term of the supervisor of the district which the member represents at the time of appointment. Re-election of the supervisor of that district shall not constitute reappointment of the planning commission member. If for any reason a new supervisor is appointed or elected for a district, the term of the planning commission member of that district shall immediately terminate on the date the new supervisor assumes office. The supervisor of each district shall nominate one or more candidates to represent that district for appointment by the board of supervisors. Each member shall serve until his successor is appointed.

HISTORY

Adopted by Ord. 387 Sec. 4 on 8/13/1974 Amended by Ord. 390 Sec. 2 on 1/7/1975 Amended by Ord. 581 Sec. 2 on 7/6/1982 Amended by Ord. 632 Sec. 2 on 11/27/1984 Amended by Ord. 848 Sec. II on 1/19/1993 2.52.040 Removal From Office Or Vacancy

A member of the commission may be removed by a majority vote of the board of supervisors. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term.

HISTORY

Adopted by Ord. 387 Sec. 5 on 8/13/1974 2.52.050 Absence From Meeting

1. A member’s absence without cause from two (2) consecutive meetings is grounds for removal action by the board of supervisors. The vacancy is to be filled in the same manner as the original appointment.

HISTORY

Adopted by Ord. 387 Sec. 6 on 8/13/1974 Amended by Ord. 1106 Sec. III on 6/24/2014 2.52.060 Meetings--Place

The regular meeting place of the commission shall be at the government center located at 5100 Bullion Street, Mariposa, California, or at such other location approved in advance by the board of supervisors.

HISTORY

Adopted by Ord. 387 Sec. 7 (a) on 8/13/1974 Amended by Ord. 581 Sec. 3 on 7/6/1982 Amended by Ord. 987 Sec. 1 on 1/7/1997 2.52.070 Meetings--Date And Time

Regular meetings of the planning commission during the year shall be scheduled a minimum of two (2) times each month, the date and time to be set by the planning commission. Notwithstanding anything to the contrary contained in this section, the planning commission may, by majority vote, cancel or reschedule any regular meeting of the commission. Any cancellation or rescheduling of a regular planning commission meeting by the planning commission shall be conducted in open session at a regular meeting of the commission. Additionally, the planning director may cancel any regular meeting of the commission if there is no regular business to be conducted by the commission. Notice of a cancelled regular meeting of the planning commission shall be by posting at least 72 hours before the scheduled regular meeting in a location that is freely accessible to members of the public and on the county’s internet web site. This posting requirement shall apply to all cancelled meetings of the commission.

HISTORY

Adopted by Ord. 381 Sec. 7 (b) on 2/26/1974 Amended by Ord. 400 Art. 1 on 5/20/1975 Amended by Ord. 415 Sec. 1 on 2/3/1976 Amended by Ord. 444 Sec. 1 on 2/15/1977 Amended by Ord. 581 Sec. 4 on 7/6/1982 Amended by Ord. 672 Sec. 1 on 9/23/1986 Amended by Ord. 1062 Sec. 1 on 10/20/2009 Amended by Ord. 1106 Sec. III on 6/24/2014 2.52.080 Meetings--Adjourned And Special

Adjourned meetings and special meetings shall be held in accordance with the Ralph M. Brown Act, Government Code sections 54950-54961, as may be amended from time to time.

HISTORY

Adopted by Ord. 387 Sec. 7(c) on 8/13/1974 2.52.100 Compensation

Members of the planning commission shall receive such compensation as shall be determined by resolution of the board of supervisors and such resolution shall also determine mileage reimbursement and the compensation of the secretary of the commission for attendance at commission meetings outside normal working hours.

HISTORY

Adopted by Ord. 387 Sec. 8 on 8/13/1974 Amended by Ord. 396 on 3/11/1975 Amended by Ord. 535 Sec.. 1,2 on 3/11/1980 Amended by Ord. 567 Sec. 1 on 9/1/1981 2.52.110 Appointment Of Chair, Vice Chair And Secretary

The commission shall elect a chair and vice-chair from among its members. The chair and vice-chair serve for a term of one (1) year and until the successor of each is appointed and qualified. The commission shall appoint a secretary who need not be a member of the commission.

HISTORY

Adopted by Ord. 387 Sec. 9 on 8/13/1974 2.52.120 Adoption Of Rules

The commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations.

HISTORY

Adopted by Ord. 387 Sec. 10 on 8/13/1974 2.52.130 Duties And Powers

In addition to the duties, rights and powers imposed by state law, the commission shall perform the duties, and has the rights, powers and privileges provided by ordinance or resolution of the board of supervisors.

HISTORY

Adopted by Ord. 387 Sec. 11 on 8/13/1974 2.52.140 Quorum

Three (3) members of the commission shall constitute a quorum for the transaction of business.

HISTORY

Adopted by Ord. 387 Sec. 12 on 8/13/1974 Amended by Ord. 581 Sec. 5 on 7/6/1982 2.52.150 Duties Of Chair

The chair shall preside at all meetings of the commission. The chair shall perform all the duties necessary or incidental to the office.

HISTORY

Adopted by Ord. 387 Sec. 13(a) on 8/13/1974 Amended by Ord. 910 Sec. II on 1/7/1997 Amended by Ord. 1106 Sec. III on 6/24/2014 2.52.160 Vice-Chair

The vice-chair is chair in the absence or inability of the chair to act.

HISTORY

Adopted by Ord. 387 Sec. 13(b) on 8/13/1974 Amended by Ord. 1106 Sec. III on 6/24/2014

The secretary shall keep minutes of each meeting and shall record each hearing and official action. The secretary shall examine incoming mail for proper referral and answer correspondence for the commission. The secretary shall maintain records of operations and shall perform such other duties as the commission may assign.

HISTORY

Adopted by Ord. 387 Sec. (c) on 8/13/1974 Amended by Ord. 576 Sec. 1 on 4/20/1982

• 2.52.180 Applications--Scope Of Matters To Be Heard By Commission And Its Committees

  1. The planning commission shall hear and decide:

     1. Each application for conditional use permit, use permit determination or variance permit, including applications for amended conditions or an amended map or site plan;

     2. An appeal from an order; requirement, permit, decision, or determination made by the planning department staff;

     3. Each application for a tentative tract map, or revised tentative tract map, including amended conditions;

     4. Each application for a parcel map, or revised parcel map, including amended conditions referred to the commission;

     5. Applications for time extensions;

     6. Applications for a mining permit, reclamation plan and financial assurances, including amendments, as specified in Section 18.02.030, County Code;

     7. Applications for planned residential developments, as specified in section 17.108.100, County Code;

     8. Applications for planned unit developments, as specified in section 17.328.030, County Code;

     9. Environmental determinations pursuant to the California Environmental Quality Act and county policy adopted to implement said Act;

     10. Recommendations on filing “tentative notices of violation”, and “notices of violation”, in accordance with Government Code section 66499.36.

  2. The planning commission shall hear and make a recommendation to the board of supervisors for action on the following:

     1. Any application involving land conservation act applications or applications involving amendments or cancellations to existing land conservation act contracts;

     2. Any application involving a general plan, area plan, specific plan or zoning amendment;

     3. Any application involving a timber exclusive zone, including amendments to existing zones;

  3. The planning commission shall hear and decide any other matter that may be designated by resolution or ordinance;

  4. The planning commission shall hear and decide, or shall hear and make a recommendation to the board of supervisors for action on items as assigned or as established by California Government Code; .

  5. Where this title designates the planning director as the approval authority for any permit or approval, the planning director may refer the decision to the planning commission.

HISTORY

Adopted by Ord. 710 Sec. 1 on 7/12/1988 Amended by Ord. 910 Sec. II on 1/7/1997 Amended by Ord. 1062 Sec. 1 on 10/20/2009

HISTORY

Adopted by Ord. 388 Art. 2, Sec. 2 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.200 Applications--Refunds (Reserved)

HISTORY

Adopted by Ord. 388 Art. 2, Sec. 2 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.210 Applications--Referral To Planning Commission

When a person applies to the county for a conditional use permit, variance or other matter which is under the approval authority of the commission, the applications shall be referred to the planning commission. The procedure is provided in sections 2.52.180 through 2.52.320.

HISTORY

Adopted by Ord. 388 Art. 2, Sec. 4 on 10/1/1974 Amended by Ord. 910 Sec. II on 1/7/1997 2.52.220 Applications--Receipt--Hearing

The secretary of the planning commission shall endorse the date of its receipt on the application and set the matter for hearing before the planning commission. Procedures for the hearing shall be as specified in section 17.132 of County Code.

HISTORY

Adopted by Ord. 388 Art. 2, Sec. 5 on 10/1/1974 Amended by Ord. 910 Sec. II on 1/7/1997 2.52.230 Applications-Posting Of Public Notice (Reserved)

HISTORY

Adopted by Ord. 388 Art. 2, Sec. 6 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.240 Applications--Posted Notice May Be Dispensed With In Certain Cases (Reserved)

HISTORY

Adopted by Ord. 388 Art. 2, Sec. 7 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.250 Applications--Form Of Notice To Be Posted (Reserved)

HISTORY

Adopted by Ord. 388 Art. 2, Sec. 8 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.260 Hearing-Burden Of Proof Of Making Showing (Reserved)

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 10 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.270 General Standards In Considering Application (Reserved)

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 11 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.280 Specific Findings By Commission Which Are Necessary To Granting A Variance (Reserved)

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 13 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.290 Commission May Grant Variance Subject To Conditions (Reserved)

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 13 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.300 Specific Findings By Commission Which Are Necessary To Granting Land Use Permit (Reserved)

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 14 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.310 Commission May Grant Land Use Permit Subject To Conditions (Reserved)

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 15 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.320 Time And Manner Of Planning Commission Decision

After hearing the evidence and considering the application, the planning commission shall make its findings and have them entered in the minutes of the commission and shall file them with the planning department. In its findings, the commission shall report the facts found and its conclusion whether a permit, application or appeal is granted, granted with conditions or denied.

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 16 on 10/1/1974 Amended by Ord. 412 Sec. 1 on 12/2/1975 Amended by Ord. 910 Sec. II on 1/7/1997 2.52.330 When Decision Is Final (Reserved)

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 17 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.340 Time Limit On Reapplication For Same Matter (Reserved)

HISTORY

Adopted by Ord. 388 Art. 3, Sec. 18 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.350 Land Use Permits-Expiration (Reserved)

HISTORY

Adopted by Ord. 388 Art. 4, Sec. 21 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.360 Land Use Permits-Grounds For Revocation (Reserved)

HISTORY

Adopted by Ord. 388 Art. 4, Sec. 22 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.370 Land Use Permits--Procedure For Revocation (Reserved)

HISTORY

Adopted by Ord. 388 Art. 4, Sec. 23 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.380 Duties Of Planning Commission (Reserved)

HISTORY

Adopted by Ord. 388 Art. 5, Sec. 31 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.390 Nonconforming Uses--Historical Sites (Reserved)

HISTORY

Adopted by Ord. 388 Art. 6, Sec. 50 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.490 Appeals-From Decision Of Planning Commission (Reserved)

HISTORY

Adopted by Ord. 388 Art. 7, Sec. 61 on 10/1/1974 Amended by Ord. 576 Sec. 3 on 4/20/1982 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.491 Appeals-Fees On Appeals (Reserved)

HISTORY

Adopted by Ord. 571 Sec. 1 on 11/17/1981 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.500 Appeals-Time And Manner Of Conducting Hearing To Be Set By Board (Reserved)

HISTORY

Adopted by Ord. 388 Art. 7, Sec. 62 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.510 Appeals-Notice Of Hearing (Reserved)

HISTORY

Adopted by Ord. 388 Art. 7, Sec. 63 on 10/1/1974 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.520 Appeals-Hearing And Decision By Board (Reserved)

HISTORY

Adopted by Ord. 388 Art. 7, Sec. 65 on 10/1/1974 Amended by Ord. 570 Sec. 1 on 11/10/1981 Repealed by Ord. 910 Sec. II on 1/7/1997 2.52.530 Judicial Review (Reserved)

HISTORY

Adopted by Ord. 570 Sec. 2 on 11/10/1981 Repealed by Ord. 910 Sec. II on 1/7/1997 2.54 Wawona Appeals Board 2.54.005 Authority, Purpose, And Intent 2.54.010 Staff Support