Mariposa County Municipal Code Title 18 Miscellaneous Land Use Regulations

Title 18 Miscellaneous Land Use Regulations

The following terms, when used in this chapter, shall have the meaning ascribed to them in this section as follows:

1. "Dredging" means the process of extracting minerals and other substances from creekbeds, riverbeds, lakebeds or other water bodies and watercourses, their banks, adjacent lands and subsurface soils, with or without the actual presence of natural water, by means of mechanical devices, machines, or other implements.

2. "County property" means real property of any kind, type or description owned, controlled or maintained by the county of Mariposa so long as it is not abandoned or conveyed to another owner.

HISTORY

Adopted by Ord. 544 Sec. 1 (part) on 5/20/1980 18.03.020 Prohibited Activities

The following activities are prohibited on county property:

1. Dredging, mining, or other mineral extraction activity by means of engine-driven dredge or machine, or other motorized mechanical devices;

2. Any activity connected with dredging, mining and mineral extraction which obstructs in whole or in part a county highway, watercourse, road or public thoroughfare;

3. Any activity connected with dredging, mining and mineral extraction which creates a public hazard or nuisance, pollutes or defaces public property, or otherwise endangers the public peace, health or safety;

4. The placement within specified county property of any engine-driven dredge or machine, or other motorized mechanical device capable of being used for activities prohibited in this section.

HISTORY

Adopted by Ord. 544 Sec. 1 (part) on 5/20/1980

Amended by Ord. 909 Sec. I on 12/10/1996 18.03.030 Exceptions And Exclusions

1. The following shall be excluded from the provisions of this chapter:

   1. County officers and employees while on official county business;

   2. Persons or entities who have entered into written contracts or agreements with Mariposa county for the purpose of conducting the specified activities on the county property;

   3. Persons or entities who have received the express written consent of Mariposa county respecting the property and activities described in this chapter.

2. The following shall constitute exceptions to the provisions of this chapter;

   1. Extraction of minerals by means of a pan, shovel, or other hand tool not powered, driven or connected to a motor or engine of any kind, provided the use thereof does not otherwise violate subsections A or B of section 18.03.020.

HISTORY

Adopted by Ord. 544 Sec. 1 (part) on 5/20/1980 Repealed by Ord. 909 Sec. II on 12/10/1996 Reenacted by Ord. 909 Sec. III on 12/10/1996 18.03.040 Violations And Penalties

Each and every calendar day upon which any activity is conducted in violation of the provisions of this chapter shall constitute a separate violation; the penalties for violation of any of the provisions of this chapter shall be as prescribed in section 1.20.010 of this code, or as otherwise provided in this title. Any device placed upon county property in violation of this chapter may be impounded at the owner's expense and held as evidence until a final disposition of the matter is effected. The provisions of this chapter may also be enforced by injunction or other civil remedy by the county or any person affected by such violation, and the methods of enforcement set forth herein shall be cumulative and in no way affect the penal provisions hereof.

HISTORY

Adopted by Ord. 544 Sec. 1 (part) on 5/20/1980 Amended by Ord. 909 Sec. IV on 12/10/1996 18.04 Right To Agricultural Activity 18.04.010 Definitions 18.04.020 Findings And Policy 18.04.030 Nuisance 18.04.040 Disclosure 18.04.050 Notice 18.04.060 Penalty For Violation 18.04.070 Separability 18.04.080 Precedence

1. "Agricultural land" shall mean all that real property within the boundaries of Mariposa county currently used for agricultural activities or operations or upon which agricultural activities or operations may in the future be established.

2. "Agricultural activity or operation" shall mean any activity or operation which has to do with agriculture and shall include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fur-bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

3. "Commercial purposes" shall mean an activity or operation that is primarily conducted for commercial use or sale of an agricultural product or commodity on the activity or operation site with financial gain as the primary aim.

4. "Nuisance" shall mean anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

5. "Private nuisance" shall mean every nuisance which is not included in the definition of a public nuisance.

6. "Public nuisance" shall mean a nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

HISTORY

Adopted by Ord. 888 Exh. "A" on 7/25/1995 18.04.020 Findings And Policy

1. It is the declared policy of this county to enhance and encourage agricultural operations within the county. It is the further intent of this county to provide to the residents of this county proper notification of the county's recognition and support through this ordinance of those persons' and/or entities' right to conduct agricultural activity.

2. Where non-agricultural land uses extend into agricultural areas or exist side by side, agricultural operations frequently become the subject of nuisance complaints due to lack of information about such operations. As a result, agricultural operators are forced to cease or curtail their operations. Such actions discourage investment in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this section to reduce the loss to the county of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. This ordinance is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relative to nuisances; rather, it is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations.

3. An additional purpose of this ordinance is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential effects associated with such purchase or residence. Such concerns may include, but are not limited to, the noise, odor, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosure, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

HISTORY

Adopted by Ord. 888 Exh. "A" on 7/25/1995

No existing or future agricultural activity, operation, or facility or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs, standards, and practices and with all chapters of the Mariposa County Code, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private, pursuant to the Mariposa County Code, after the same has been in operation for more than one year if it was not a nuisance at the time it began. The provisions of this section shall not apply whenever a nuisance results from agricultural operations inconsistent with accepted customs, standards, and practices or contrary to local, state, or federal ordinances, laws, and regulations.

HISTORY

Adopted by Ord. 888 Exh. "A" on 7/25/1995 18.04.040 Disclosure

1. Pursuant to section 1102.6a of the California Civil Code, it is intended by this section to require disclosures in addition to those disclosures required by section 1102.6 of the California Civil Code.

2. Upon any transfer of real property by gift, sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative improved with dwelling units, the transferor shall require that the disclosure statement set forth in section 18.04.040(C) shall be signed by the grantee, purchaser, or lessee.

3. The disclosure required by section 18.04.040(B) is set forth herein, and shall contain, and be in the form of, the following:

"REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE COUNTY OF MARIPOSA, STATE OF CALIFORNIA, DESCRIBED AS

_________________________________________________________. THIS

STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH MARIPOSA COUNTY CODE SECTION _______. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTION OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

(I)

SELLER INFORMATION

The seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in a real estate transaction dealing with the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE COUNTY OF MARIPOSA AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

The county of Mariposa permits properly conducted agricultural operations within the county. You may be subject to inconveniences or discomfort arising from such operations including but not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation which is in conformance with existing laws and regulations and accepted customs and standards. You should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Mariposa county has determined that no existing or future agricultural activity, operation, or facility or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs, standards, and practices and with all chapters of the Mariposa County Code, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private, pursuant to the Mariposa County Code, after the same has been in operation for more than one year if it was not a nuisance at the time it began. If you have any questions concerning this policy, please contact the Mariposa County planning and building departments.

Seller certifies that the information herein is true and correct to the best of seller's knowledge as of the date signed by the seller.

Seller _____________________________ Date _____________________ Seller ______________________________ Date ____________________

(II) BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTION OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTION/DEFECTS.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Seller __________ Date _________ Buyer ___________ Date _______ Seller __________ Date _________ Buyer ___________ Date _______

Agent (Broker representing Seller):

__________________________________ By ______________ Date _______ (Associate licensee or Broker signature)

Agent (Broker obtaining the offer):

__________________________________ By ______________ Date _______ (Associate licensee or Broker signature) Present Assessors Parcel No. __________________

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY."

4. If a buyer refuses to sign the disclosure statement set forth in section 18.04.040(C), the transferor may comply with the requirements of this ordinance by delivering the statement to the buyer as provided in section 18.04.040(C) and affixing and signing the following declaration to the statement:

I, (name), have delivered a copy of the foregoing disclosure statement as required by law to (buyer's name), who has refused to sign.

I declare the foregoing to be true.

Date: ____________________ ________________________________

Signature

Print Name: ____________________________________

5. Forms for the disclosure statement set forth in section 18.04.040(C) shall be printed and made available to property owners and real estate agents by the Mariposa County planning and building department.

HISTORY

Adopted by Ord. 888 Exh. "A" on 7/25/1995 Amended by Ord. 1018 Sec. I on 6/7/2005 18.04.050 Notice

1. The Mariposa County planning and building department shall provide all applicants for building permits for new residential construction or mobile home installation with a "Right-to-Agricultural Activity Notice" in substantially the form provided in section 18.04.050(B).

2. To provide all property owners with constructive notice of Mariposa county’s right-to-agricultural activity policy, this chapter of county code shall be recorded with the Mariposa County recorder.

“Mariposa County Right-to-Agricultural Activity Ordinance”

“The county of Mariposa permits properly conducted agricultural operations within the county and it is the declared policy of this county to enhance and encourage agricultural operations within the county. It is the further intent of this county to provide to the residents of this county proper notification of the county's recognition and support of those persons' and/or entities' right to conduct agricultural activity. Residents of property on or near agricultural land should be prepared to accept the inconveniences or discomfort arising from such operations. Such discomfort or inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation which is in conformance with existing laws and regulations and accepted customs and standards. You should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector.

Mariposa county has determined that no existing or future agricultural activity, operation, or facility or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs, standards, and practices and with all chapters of the Mariposa County Code, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private, pursuant to the Mariposa County Code, after the same has been in operation for more than one year if it was not a nuisance at the time it began. If you have any questions concerning this policy, please contact the Mariposa County planning and building department.”

HISTORY

Adopted by Ord. 888 Exh. "A" on 7/25/1995 18.04.060 Penalty For Violation

Noncompliance with any provision of this ordinance shall not affect title to real property, nor prevent the recording of any document. Any person who violates any provision of this ordinance is guilty of an infraction punishable pursuant to County Code section 1.20.030.

HISTORY

Adopted by Ord. 888 Exh. "A" on 7/25/1995 18.04.070 Separability

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance.

HISTORY

Adopted by Ord. 888 Exh. "A" on 7/25/1995 18.04.080 Precedence

This ordinance shall take precedence over all ordinances or parts of ordinances, or resolutions or parts of resolutions in conflict herewith and to the extent they do conflict with this ordinance they are hereby repealed with respect to the conflict and no more.

HISTORY

Adopted by Ord. 888 Exh. "A" on 7/25/1995 18.05 Post-Disaster Recovery 18.05.010 Purpose 18.05.020 Declaration Of Emergency; Duration 18.05.030 Definitions 18.05.040 Temporary Replacement Housing On-Site 18.05.050 Permanent Replacement Of Damaged Or Destroyed Housing Or Other Structures 18.05.060 Repair Criteria

The purpose of this chapter is to facilitate the establishment of temporary replacement housing for residents who have lost their homes due to a disaster and to establish procedures for rebuilding structures damaged or destroyed as a result of a disaster. This chapter is also intended to protect the public health and safety of the residents within a declared disaster area, and to provide for temporary facilities for post-disaster recovery operations.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 18.05.020 Declaration Of Emergency; Duration

The provisions of this chapter are applicable for a period of five (5) years following the date of action by the board of supervisors to declare a local emergency following a disaster. These provisions shall take precedence over any conflicting ordinances in the Mariposa County Code that would apply in the absence of the emergency. By resolution of the board of supervisors, the provisions of this chapter may be extended for up to two (2) additional years. Extensions may be granted in six (6) month increments.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 Amended by Ord. 1153 Section I on 6/9/2020 Amended by Ord. 1180 on 11/22/2022 18.05.030 Definitions

The following terms as used in this chapter shall have the following meanings, unless the context in which a term is used plainly requires another meaning:

1. "Disaster" means a wildfire, flood, earthquake, or other natural or human-caused event that damages or destroys dwellings or other property and displaces people, and which is the basis for a declared local state of emergency.

2. “Footprint” means the area that falls directly beneath and shares the perimeter of a structure and any area in which debris from a destroyed building or structure remained after the disaster.

3. "Recreational vehicle" for the purposes of this chapter, means a motor home, travel trailer, truck camper, or camping trailer which is self-contained and designed for human habitation for recreational or emergency occupancy; which is self-propelled, truck-mounted, or permanently towable on California roadways; and which is a California department of motor vehicles licensed vehicle.

4. "Displaced resident or residents" means a Mariposa County resident or residents whose residential dwelling has been destroyed or damaged by a disaster, such that the resident(s) cannot occupy the dwelling as determined by the building department. Displaced resident(s) may be required to provide verification to the building department, to substantiate their eligibility for permits as described in this chapter. Evidence may consist of a driver's license or other government-issued identification card or utility bill, etc. with a physical address showing the resident resided on a legal parcel impacted by the disaster. A business which, or a person or persons who purchased a property after the improvements were destroyed or damaged by a disaster shall not be a displaced resident or residents for the purpose of this chapter.

5. "Health Department" shall mean the director of the environmental health unit or designee.

6. “Building Department” shall mean the director of the building department or designee.

7. “Planning Department” shall mean the director of the planning department or designee.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 Amended by Ord. 1153 Section I on 6/9/2020 Amended by Ord. 1180 on 11/22/2022

Temporary replacement housing for displaced resident(s), consisting of a recreational vehicle or recreational vehicles, as defined herein, located on a legal parcel which sustained damage as a result of a disaster shall be authorized by the building department subject to the following provisions:

1. Except as provided in section 18.05.040.B, temporary replacement housing authorized pursuant to this chapter shall no longer be used in lieu of permanent housing within five (5) years of the date of the board of supervisors' action declaring the local emergency, unless an extension is granted by the board of supervisors pursuant to section 18.05.020, in which case it shall be removed by the extended deadline.

2. Temporary replacement housing shall no longer be used in lieu of permanent housing immediately following issuance by the building department of a final inspection or certificate of occupancy for a permanent replacement dwelling unit on-site.

3. Temporary replacement housing may only be occupied by a displaced resident or residents.

4. Temporary replacement housing shall meet the following standards:

   1. The property owner or the property owner's authorized agent shall apply for a permit from the building department.

   2. The permit shall only be considered for a parcel on which a residence was destroyed, or substantially or partially damaged and uninhabitable, as determined by the building department as a result of the disaster. If there was confirmed illegal marijuana cultivation and/or related activities on the parcel as determined by the Planning Director based on consultation with Code Compliance staff, the permit may be denied.

   3. No more than two (2) recreational vehicles used for temporary replacement housing shall be permitted per parcel.

   4. If the temporary replacement housing is utilized prior to approval by the health department of the site as being free of all public hazards and toxic debris, the following provisions shall apply:

      1. A waiver of county liability, approved as to legal form and sufficiency by county counsel, shall be signed by the property owner and any authorized agent.

      2. The temporary replacement housing shall be located a minimum of one hundred and fifty (150) feet from the footprint of any damaged structure and in a manner that does not impede the debris removal process. Lesser setbacks may be approved by the health department on a case-by-case basis.

      3. The property owner and all occupants shall implement mitigation measures adequate to prevent exposure of hazardous wastes and safety risks to humans and animals, as determined necessary by the health department.

   5. Except as provided in section 18.05.040.D.4, a permit for temporary replacement housing shall not be issued by the building department until the site is approved by the health department as being free of all public hazards and all toxic debris or residue caused by the disaster.

5. The temporary replacement housing shall be located outside the boundaries of any recorded easements and may be located within the zoning ordinance required setback areas such that placement of the temporary replacement housing will allow for unobstructed reconstruction on the site.

6. The temporary replacement housing shall be connected to an approved source of water meeting one of the following criteria:

   1. Public water supply;

   2. Existing well provided that it has been approved by the health department as safe for domestic consumption; or

   3. Other water source approved by the health department.

7. The temporary replacement housing shall be connected to an approved sewage disposal system meeting one of the following criteria:

   1. Public sewer system;

   2. Existing on-site sewage disposal system that has been approved by the health department to be intact, adequately sized, and functioning following the disaster;

   3. Temporary holding tank with a contract with a pumping company for regular pumping. A copy of the contract shall be provided to the health department; or

   4. Other method of sewage disposal approved by the health department.

8. The temporary replacement housing shall be connected to an approved source of electricity meeting one of the following criteria:

   1. Permitted electrical service hook-up; or

   2. Other power source approved by the building department.

9. Temporary replacement housing shall not be located in either of the following areas:

10. a flood hazard area established by separate action of the board of supervisors or other authorized federal, state, or local official; or

11. an area affected by the disaster which, due to hazards to health and safety directly or indirectly resulting from the disaster, require in-depth study before allowing rebuilding of any kind as determined by the building department or health department.

12. The temporary replacement housing allowed by this chapter may be converted to temporary construction housing upon issuance of a building permit for a permanent residence, pursuant to County Code section 15.10.270.B.

13. Camping cabins, recreational vehicle park models, tiny homes, yurts, multiple bedroom FEMA trailers and/or FEMA trailers installed similarly to a mobile or manufactured home, mobile homes, and similar units as determined by the building official are not considered temporary replacement housing for the purposes of this chapter.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 Amended by Ord. 1153 Section I on 6/9/2020 Amended by Ord. 1180 on 11/22/2022

Structures damaged or destroyed by a disaster may be replaced pursuant to the following provisions:

1. Structures illegally constructed before the disaster may only be reconstructed if all current and applicable state and local requirements are satisfied.

2. Structures legally constructed before the disaster may be reconstructed provided all current and applicable state and local requirements are satisfied, including zoning ordinance provisions for nonconforming structures.

3. Prior to the issuance of a building permit, the site of the structure shall be approved by the health department as being free of all public hazards and toxic debris or residue caused by the disaster.

4. Replacement of mobile homes or manufactured homes shall comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S. C. §5401 et. seq.), the Mobilehome Parks Act (Health and Safety Code §18200 et seq.) the Special Occupancy Parks Act (Health and Safety Code §18860 et. seq.), the Manufactured Housing Act of 1980 (Health and Safety Code §18020 et seq.), current California Code of Regulations, Title 25 standards, and Mariposa County Code section 17.108.095.

5. A garage or storage building may be permitted as an accessory structure prior to the issuance of a permit for a single family dwelling on any parcel on which a residence was destroyed by a disaster.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 18.05.060 Repair Criteria

1. Permitted or legally established structures that have been damaged as the result of a disaster shall be repaired in accordance with the following criteria: When the estimated value of repair is less than fifty percent (50%) of the replacement value of the structure, the damaged elements may be repaired. Any repairs must comply with the current California Code of Regulations, Title 24 standards, or, as an alternative, a California design professional of record shall be retained by the property owner to evaluate the damages, and design, oversee and approve repairs in accordance with the current California building code.

2. When the estimated value of repair is fifty percent (50%) or more of the replacement value of the structure, the entire structure shall be brought into conformance with the current California Code of Regulations, Title 24 standards.

3. Determinations made relative to the provisions within this section shall be the authority of the building department.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 Amended by Ord. 1180 on 11/22/2022 18.05.070 Temporary Replacement Housing Off-Site

Installation of temporary replacement housing off-site for displaced resident(s), consisting of a recreational vehicle or recreational vehicles, as defined herein, may be authorized by the building department subject to the following provisions:

1. A maximum of two (2) recreational vehicles shall be authorized on a privately owned parcel which is off-site from the disaster and which is zoned for primary residential use as determined by the planning department.

2. Except as provided in section 18.05.070.C, temporary replacement housing off-site authorized pursuant to this section shall no longer be used in lieu of permanent housing within five (5) years of the date of the board action declaring the local emergency, unless an extension is granted by the board of supervisors pursuant to 18.05.020, in which case it shall be removed by the extended deadline.

3. Temporary replacement housing off-site shall no longer be used in lieu of permanent housing immediately following issuance by the building department of a final inspection or certificate of occupancy for a permanent replacement dwelling unit for the displaced resident or residents.

4. The permit for temporary replacement housing off-site shall only be considered for a displaced resident who occupied a residence that was destroyed, or substantially or partially damaged and uninhabitable as determined by the building department as a result of the disaster.

5. Temporary replacement housing shall be occupied by a displaced resident or residents.

6. Temporary replacement housing off-site shall be located outside the boundaries of any recorded easements and shall comply with all zoning ordinance setback requirements.

7. Temporary replacement housing off-site shall meet the following standards:

   1. The property owner or the property owner’s authorized agent shall apply for a permit from the building department.

   2. The temporary replacement housing off-site shall be connected to an approved source of water meeting one of the following criteria:

      1. Public water supply;

      2. Existing well provided that it has been approved by the health department as safe for domestic consumption; or

      3. Other water source approved by the health department.

   3. The temporary replacement housing off-site shall be connected to an approved sewage disposal system meeting one of the following criteria:

      1. Public sewer system;

      2. Existing on-site sewage disposal system that has been approved by the health department to be intact and functioning following the disaster and adequately sized;

      3. Temporary holding tank with a contract with a pumping company for regular pumping. A copy of the contract shall be provided to the health department; or

      4. Other method of sewage disposal approved by the health department.

   4. The temporary replacement housing off-site shall be connected to an approved source of electricity meeting one of the following criteria:

      1. Permitted electrical service hook-up; or

      2. Other power source approved by the building director.

   5. Temporary replacement housing off-site shall not be located in either of the following:

      1. a flood hazard area established by separate action of the board of supervisors or other authorized federal, state, or local official; or

8. an area affected by the disaster which, due to hazards to health and safety caused by the disaster, require in-depth study before allowing rebuilding of any kind as determined by the building department or health department.

9. Camping cabins, recreational vehicle park models, tiny homes, yurts, multiple bedroom FEMA trailers and/or FEMA trailers installed similarly to a mobile or manufactured home, mobile homes, and similar units as determined by the building official are not considered temporary replacement housing for the purposes of this chapter.

HISTORY

Adopted by Ord. 1126 on 8/8/2017

Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 Amended by Ord. 1153 Section I on 6/9/2020 Amended by Ord. 1180 on 11/22/2022

1. All current permit fees apply, including demolition permit fees, unless otherwise modified or waived by the board of supervisors.

2. During the time period when this chapter is applicable pursuant to section 18.05.020, application plan check fees that are normally paid at the time an application is submitted may be deferred by the building department, at the applicant's request, and paid at the time the permit is issued.

3. The current process for determining school impact fees, which involves the Mariposa County Unified School District, shall be followed.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 18.05.090 Debris Removal; Site Approval Required

1. All hazardous materials and debris, including but not limited to household hazardous wastes, asbestos, ash from burned structures, metals, damaged or destroyed vehicles, and all public hazards shall be removed prior to reconstruction or reuse of property damaged by the disaster and shall, in all cases, be removed and disposed of within one hundred eighty (180) days of the disaster for which the local state of emergency was declared unless the health department grants a discretionary ninety (90) day extension upon a showing of good cause. Debris removal and disposal shall comply with all laws and regulations and shall be within the time period described herein. Upon completion of debris removal, the site shall be approved by the health department as being free of all toxic debris or residue caused by the disaster.

2. A demolition permit for hazardous materials and debris removal may be required by the building department, unless a county-approved hazardous materials and debris removal program is utilized by the property owner.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018

Temporary facilities necessary for the timely removal of debris, stabilization of soils, erosion control, and other needs as determined by the agency or agencies directing post-disaster recovery and clean-up operations may be established as needed. Temporary facilities may include staging areas for equipment, vehicles, and storage on private property. Temporary facilities may also include off-site processing and storage, recycling, or other handling of disaster-generated debris. Temporary facilities are subject to all of the following provisions:

1. The duration of the temporary facilities shall not exceed the time period established by Section 18.05.020 or the duration of the local emergency, whichever is more.

2. Temporary facilities shall be subject to issuance of an administrative use permit pursuant to County Code Chapter 17.114, prior to establishment or within 30 days of establishment.

3. In addition to the requirements established by County Code Chapter 17.114, approval of temporary facilities shall be based upon a finding that the site zoning allows for public uses and the proposed temporary facilities provide or address an immediate public need or immediate public purpose.

4. The administrative use permit shall identify the expiration date of the approval and shall specify cleanup and restoration provisions for the site upon termination of the use.

5. The administrative use permit may address impacts resulting from the temporary use, including but not limited to dust, noise, water quality, traffic safety, lighting, trespass and any secondary impacts.

6. Alternative sites that may be available resulting in fewer impacts shall be considered prior to issuance of an administrative use permit.

7. Temporary facilities on public land shall be subject to the authorization of the agency managing said land.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 18.05.120 Severability And Pre-Emption

1. If any section, subsection, sentence, clause, or phrase of this chapter, is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any or all other portions of this chapter.

2. To the extent that any part of this chapter conflicts with any portion of an executive order signed by the Governor of the State of California related to a disaster for which this chapter is invoked, the executive order shall control.

HISTORY

Adopted by Ord. 1126 on 8/8/2017 Amended by Ord. 1128 on 9/22/2017 Amended by Ord. 1133 on 7/10/2018 18.06 Indemnification Agreements 18.06.010 Purpose 18.06.020 Obligation To Defend And Indemnify 18.06.030 Form Of Agreement 18.06.040 Notification

This chapter is enacted to ensure the taxpayers of the county of Mariposa do not pay legal costs associated with private projects.

HISTORY

Adopted by Ord. 1134 on 9/11/2018 18.06.020 Obligation To Defend And Indemnify

As a condition for a land use entitlement or issuance of any development permit (hereafter referred to as “Project”), an owner or applicant shall provide an indemnity agreement that defends, indemnifies, and holds harmless (including legal fees and costs) Mariposa county and its agents, officers, and employees from and against any and all claims, actions, or proceedings against Mariposa county or its agents, officers, or employees to attack, set aside, void, or annul the project or any prior or subsequent development approvals regarding the project or project condition imposed by the county or any of its agencies, departments, commissions, agents, officers or employees concerning the said project, or to impose personal liability against such agents, officers or employees resulting from their involvement in the project, including any claim for private attorney fees claimed by or awarded to any party from the county. Any requirement for an indemnity agreement may be appealed pursuant to the Mariposa County Appeals Procedures.

HISTORY

Adopted by Ord. 1134 on 9/11/2018 18.06.030 Form Of Agreement

The indemnification agreement shall be executed on a form approved as to legal form by Mariposa county counsel.

HISTORY

Adopted by Ord. 1134 on 9/11/2018 Amended by Ord. 1139 on 2/19/2019 18.06.040 Notification

In the event of any claim, action, or proceeding against Mariposa county as described in section 18.06.020, Mariposa county shall promptly notify the owner, applicant or permit holder of such claim, action, or proceeding and Mariposa county shall fully cooperate with the owner, applicant or permit holder in the defense of the action.

HISTORY

Adopted by Ord. 1134 on 9/11/2018 Amended by Ord. 1139 on 2/19/2019