#1 mariposa general plan vol 1 - dec...

TT HE HE CCOUNTY OF OUNTY OF MM ARIPOSAARIPOSA

GENERAL PLANGENERAL PLAN

VOLUME I COUNTYWIDE GENERAL PLAN

MARIPOSA COUNTY PLANNING DEPARTMENT P.O. Box 2039 • Mariposa, CA 95338 • 209.966.5151 www.mariposacounty.org/planning •

[email protected]

MARIPOSA COUNTY GENERAL PLAN ADOPTION AND UPDATES

DATE RESOLUTION December 18, 2006 06-575

Board of Supervisors Lee Stetson, District One Lyle Turpin, District Two

Janet Mankins-Bibby, District Three Dianne Fritz, District Four

Robert “Bob” Pickard, District Five

Former Board of Supervisors Patti A. Reilly, District One (1995-2002) Doug Balmain, District Two (1993-2004)

Robert C. Stewart, District Three (1995-2002) Garry Parker, District Four (1993-2004)

Planning Commission Harry Hagan, District One Norm Ross, District Two

Robert Rudzik, District Three Skip Skyrud, District Four

Paul De Santis, District Five

Former Planning Commission Gary W. Colliver, District One (1997-2003) Denise Ludington, District One (2003-2006) Don Pucilowski, District Two (1997-2001) Lyle E. Turpin, District Two (2002-2004)

Leroy Radanovich, District Four ( 1996-2004) Susan Taber Crain, District Five (2001-2005)

Elected Officials Robert Lowrimore, Assessor/Recorder

Christopher Ebie, Auditor Bob Brown, District Attorney

James H. Allen, Sheriff/Coroner/Public Administrator Wayne R. Parrish, Superior Court Judge F. Dana Walton, Superior Courty Judge

Marjorie Wass, Treasurer/Tax Collector/Clerk

Appointed Officials Richard Benson, County Administrative Officer

Kathleen Boze, Agricultural Commissioner John Davis, Building Department Director

Gail Neal, Chief Probation Officer Debra A. Walton, Child Support Services

Mary Williams, Community Services Director Thomas P. Guarino, County Counsel

Karen Robb, Farm Advisor Blaine E. Shultz, Jr., Fire Chief/Emergency Planning Coordinator

Cheryle J. Rutherford-Kelley, Human Services Director Jaqueline M. Meriam, County Librarian

Kris Schenk, Planning Director Charles Mosher, M.D., Public Health Officer

Dana Hertfelder, Public Works Director Rick Peresan, Technical Services Director

Planning Department Staff Sarah Williams, Deputy Planning Director

Megan Tennermann, Associate Planner Wes McCullough, Assistant Planner

Todd Lewis, Technician/Cartographer Sharon Haley, Planning Technician

Shari Allen, Office Technician Carol Suggs, Secretary

Consultant

HAUGE BRUECK A S S O C I A T E S

in association with

Mogavero Notestine Associates Agajanian and Associates

Bollard & Brennan

County of Mariposa General Plan – Volume I Countywide General Plan

TTABLE OF ABLE OF CCONTENTSONTENTS

Table of Contents..........................................................................................v

Introduction...................................................................................................1 1. The General Plan’s Purpose .......................................................................................... 1 2. General Plan Consistency.............................................................................................. 1 3. Relation to Other Land Use Laws.................................................................................. 1 4. The General Plan and the Rights and Responsibilities of Holding Property .............. 2 5. Elements of The General Plan....................................................................................... 2

5.01 Foundational Elements .................................................................................... 2 5.02 Required Elements........................................................................................... 2 5.03 Optional Elements ............................................................................................ 3 5.04 Area Planning ................................................................................................... 3

6. History of General Planning In Mariposa ...................................................................... 3 7. Structure of The General Plan ....................................................................................... 4

Volume I: Countywide General Plan ........................................................................... 4 Volume II: Area Plans............................................................................................... 4 Volume III: Technical Background Report ............................................................. 5 Volume IV: Environmental Impact Report and Documentation ............................ 5

8. General Plan Terminology ............................................................................................. 5 9. Organization .................................................................................................................... 6 10. Summaries of Major Findings........................................................................................ 7 11. Implementation ............................................................................................................... 7

11.01 Goal ................................................................................................................. 7 11.02 Policy............................................................................................................... 7

12. General Plan Timelines.................................................................................................. 8 1 The Mariposa County Setting............................................................. 1-1

1.1 Where We Are ............................................................................................................. 1-1 1.2 Who We Are................................................................................................................. 1-2 1.3 Where We Live ............................................................................................................ 1-2 1.4 Why We Live, Work, and Play Here........................................................................... 1-3 1.5 Our Place In The World: An International Destination.............................................. 1-3 1.6 Our Human and Natural Environment ....................................................................... 1-4 1.7 The Cultural Traditions and Written and Oral History of Mariposa County ............. 1-4 1.8 Population Growth.....................................................................................................1-10

1.8.01 Growth Influences For Mariposa County ................................................1-10 1.8.02 Build-Out Projections ...............................................................................1-12

1.9 The Governance of Mariposa ...................................................................................1-17


1.9.01 Mariposa County Government ................................................................1-17 1.9.02 Planning Roles and Responsibilities In Mariposa County.....................1-17

1.10 Special Districts .........................................................................................................1-19 1.10.01 Independent Special Districts ................................................................1-19 1.10.02 Dependent Special Districts ..................................................................1-20

1.11 Mariposa County’s Government Neighbors ............................................................1-21 1.11.01 Yosemite National Park .........................................................................1-21 1.11.02 United States Forest Service.................................................................1-21 1.11.03 Bureau of Land Management................................................................1-22 1.11.04 Madera County .......................................................................................1-22 1.11.05 Merced County .......................................................................................1-22 1.11.06 Mono County ..........................................................................................1-22 1.11.07 Stanislaus County ..................................................................................1-22 1.11.08 Tuolumne County ...................................................................................1-22 1.12.09 Merced Irrigation District ........................................................................1-23

1.12 Education In Mariposa County .................................................................................1-23 1.12.01 Primary and Secondary Education .......................................................1-23 1.12.02 Post Secondary Education ....................................................................1-24

1.13 Volunteerism In Mariposa County ............................................................................1-24 2 Issues Important To Mariposa County Citizens................................ 2-1

2.1 The General Plan Issues ............................................................................................ 2-1 2.2 Issues of Importance................................................................................................... 2-2 2.3 Overarching General Plan Issues .............................................................................. 2-2

2.3.01 County Character ....................................................................................... 2-3 2.3.02 Flexibility ..................................................................................................... 2-3 2.3.03 The General Plan Is Mandatory ................................................................ 2-3 2.3.04 Caring For The Land .................................................................................. 2-4 2.3.05 Decision-making and Neighboring Properties.......................................... 2-4 2.3.06 General Plan Development Should Be Community, Not Staff, Driven... 2-4 2.3.07 General Plan Program Enforcement......................................................... 2-5 2.3.08 Enhancing Mariposa County’s Way of Life............................................... 2-5 2.3.09 Effective and Efficient Application Processing ......................................... 2-5 2.3.10 Raising Household Income In Mariposa County...................................... 2-6 2.3.11 Mariposa County Not Matching The State Growth Rate ......................... 2-6 2.3.12 Meeting Changing Population Needs ....................................................... 2-7 2.3.13 Understandable Requirements and Predictable Outcomes.................... 2-7 2.3.14 Private Property Rights In The General Plan ........................................... 2-7 2.3.15 Providing Knowledge and Support To County Citizens For Using

The General Plan ..................................................................................... 2-8 2.3.16 Mariposa County’s Relationship To The University of California

at Merced .................................................................................................. 2-8 2.3.17 Use of Public Lands ................................................................................... 2-9

2.4 Objectives For The General Plan............................................................................... 2-9 3 Guiding Principles of the Board of Supervisors............................... 3-1


3.1 Guiding Principles ....................................................................................................... 3-1 3.1.01 We Are One County ................................................................................... 3-2 3.1.02 This Update Is Built On The 1981 General Plan’s Foundation ............... 3-2 3.1.03 Mariposa County Economy Is A Partnership ........................................... 3-2 3.2.04 Implementation Tools Are Consistent With The General Plan

and Area Plans ......................................................................................... 3-2 3.2.05 The General Plan Provides For Flexible Implementation........................ 3-3 3.2.06 Development Focus Is Area-Centered ..................................................... 3-3 3.2.07 Establish Clear Approval Standards ......................................................... 3-3 3.2.08 Nexus Between Project Conditions and Impacts ..................................... 3-3 3.2.09 The Protection of Agriculture is Critical for the County’s Future ............. 3-4 3.2.10 Home Ownership Is A Priority ................................................................... 3-4 3.2.11 Sustainable and Diverse Economy ........................................................... 3-4 3.2.12 Connectivity ................................................................................................ 3-4 3.2.13 Plan for and Ensure the Delivery of Infrastructure................................... 3-4 3.2.14 Access To The General Plan .................................................................... 3-5

4 General Plan Administration .............................................................. 4-1 4.1 Interpretation of General Plan Provisions.................................................................. 4-1

4.1.01 Interpreting Maps ....................................................................................... 4-1 4.1.02 Final Arbiter ................................................................................................ 4-2 4.1.03 Compliance with Federal and State Laws ................................................ 4-2 4.1.04 Conflicts Between Adopted County Codes and The Updated

General Plan............................................................................................. 4-4 4.2 Review and Update of the General Plan ................................................................... 4-4

4.2.01 Annual Review............................................................................................ 4-4 4.2.02 Five Year Update ....................................................................................... 4-4 4.2.03 The 20-Year Rewrite .................................................................................. 4-5

4.3 Amending the General Plan ....................................................................................... 4-5 4.4 Interim Administration of the General Plan................................................................ 4-5 4.5 General Plan Implementation ..................................................................................... 4-6

5 Land Use .............................................................................................. 5-1 5.1 Land Use Issues and Findings ................................................................................... 5-1

5.1.01 Rural Character .......................................................................................... 5-1 5.1.02 Growth......................................................................................................... 5-2 5.1.03 Land Use and Transportation Linkage...................................................... 5-2 5.1.04 Economic Opportunity................................................................................ 5-3 5.1.05 Agriculture................................................................................................... 5-3 5.1.06 Natural Resources...................................................................................... 5-4 5.1.07 Public Facilities ........................................................................................... 5-4 5.1.08 Collaborative Planning ............................................................................... 5-4 5.1.09 Five-Acre Density and Rural Character .................................................... 5-5 5.1.10 Ready to Build Land................................................................................... 5-5 5.1.11 Scenic Character ........................................................................................ 5-6 5.1.12 Legally Existing Uses of Land ................................................................... 5-6


5.1.13 Existing Contracts and Agreements.......................................................... 5-7 5.1.14 Existing Zoning Consistency ..................................................................... 5-7

5.2 General Plan Implementation ..................................................................................... 5-8 5.3 Land Use Classifications...........................................................................................5-17

5.3.01 Planning Area Land Use Classification ..................................................5-18 5.3.02 Residential Land Use Classification........................................................5-31 5.3.03 Rural Economic Land Use Classification................................................5-36 5.3.04 Agriculture/Working Landscape Land Use Classification......................5-41 5.3.05 Natural Resource Land Use Classification.............................................5-45

5.4 Related General Plan Elements ...............................................................................5-47 5.4.01 Relation to the Agriculture Element ........................................................5-47 5.4.02 Relation to the Circulation, Infrastructure, and Facilities Element ........5-47 5.4.03 Relationship to Implementation Tools.....................................................5-47

5.5 Relationship of Specific Plans to General Plans and Area Plans ..........................5-51 6 Economic Development...................................................................... 6-1

6.1 Economic Development Issues and Summary of Major Findings ........................... 6-1 6.1.01 Livelihood and County Character.............................................................. 6-2 6.1.02 Growth and Economic Development ........................................................ 6-2 6.1.03 Brand Positioning and Marketing .............................................................. 6-2 6.1.04 Diversification ............................................................................................. 6-3 6.1.05 Enhancing the County’s Economic Sectors ............................................. 6-3 6.1.06 The Public-Private Partnership.................................................................. 6-6

6.2 General Plan Implementation ..................................................................................... 6-6 6.3 Related General Plan Elements ................................................................................. 6-9

6.3.01 Relation to the Land Use Element ............................................................ 6-9 6.3.02 Relation to the Arts and Culture Element ................................................. 6-9 6.3.03 Relation to the Housing Element............................................................... 6-9 6.3.04 Relation to the Agriculture Element ........................................................6-10 6.3.05 Relation to the Conservation and Open Space Element.......................6-10 6.3.06 Relation to the Regional Tourism Element.............................................6-10 6.3.07 Relation to the Historic and Cultural Resources Element .....................6-10

7 Arts and Culture .................................................................................. 7-1 7.1 Arts and Culture Issues and Summary of Findings .................................................. 7-1

7.1.01 Arts and Community Fabric ....................................................................... 7-1 7.1.02 The Role of Arts and Culture ..................................................................... 7-2 7.1.03 Arts, Culture, and Economic Integration................................................... 7-2 7.1.04 Places for Arts and Cultural Activities ....................................................... 7-3 7.1.05 Art in Public Areas...................................................................................... 7-3 7.1.06 The Role of County Government .............................................................. 7-3

7.2 General Plan Implementation ..................................................................................... 7-4 8 Housing ................................................................................................ 8-1

8.1 Scope and Revision of This Element ......................................................................... 8-1 8.2 Public Participation...................................................................................................... 8-2


8.3 Housing Market Analysis ............................................................................................ 8-2 8.3.01 Population ................................................................................................... 8-2 8.3.02 Economy ..................................................................................................... 8-5 8.3.03 Housing Profiles ......................................................................................... 8-9

8.4 Housing Needs ..........................................................................................................8-12 8.4.01 Housing Construction Need.....................................................................8-12 8.4.02 Low- and Moderate-Income Housing Need............................................8-13 8.4.03 Rehabilitation and Replacement Needs .................................................8-13 8.4.04 Overcrowding............................................................................................8-14 8.4.05 Overpayment ............................................................................................8-15 8.4.06 Special Housing Needs............................................................................8-15 8.4.07 Publicly Assisted Rental Housing............................................................8-20

8.5 Land Availability.........................................................................................................8-21 8.5.01 Federal, State, and Local Government Land Ownership ......................8-25

8.6 Governmental Constraints ........................................................................................8-25 8.6.01 Permit Process .........................................................................................8-25 8.6.02 Permit Fees ..............................................................................................8-26 8.4.01 Zoning and Other Land Use Regulations ...............................................8-27 8.6.03 Subdivision Map Act and Standards .......................................................8-27 8.6.04 Condominium Conversions .....................................................................8-28 8.6.05 Building Construction Standards.............................................................8-28 8.6.06 On and Offsite Requirements..................................................................8-28 8.6.07 California Environmental Quality Act (CEQA) ........................................8-29 8.6.08 Williamson Act ..........................................................................................8-29 8.6.09 Forest Taxation Reform Act.....................................................................8-29

8.7 Non Governmental Constraints ................................................................................8-29 8.7.01 Environmental Features...........................................................................8-29 8.7.02 Interest Rates and Availability of Financing ...........................................8-30 8.7.03 Land and Construction Costs ..................................................................8-31 8.7.04 Land Costs................................................................................................8-31 8.7.05 Construction Costs ...................................................................................8-32 8.7.06 Services ....................................................................................................8-33

8.8 Housing Issues ..........................................................................................................8-34 8.8.01 Mariposa County Housing and Community Development Agency.......8-34 8.8.02 Economic Development ...........................................................................8-34 8.8.03 Energy Conservation................................................................................8-35

8.9 Housing Element Review..........................................................................................8-36 8.9.01 Analysis of The County’s Progress In Implementing The

Housing Element ....................................................................................8-36 8.9.02 Achieving The 1995 Housing Element Goal ..........................................8-36 8.9.03 Progress In Implementing Housing Element Programs ........................8-37

8.10 Housing Goals, Policies, and Programs ..................................................................8-44 8.10.01 Findings Unique to the County of Mariposa .........................................8-45 8.10.02 Mariposa County’s Housing Goal..........................................................8-45 8.10.03 Mariposa County’s Housing Policies ....................................................8-45


8.10.04 Housing Objectives and Programs .......................................................8-46 8.11 Quantified Objectives ................................................................................................8-55 8.12 Housing Issues Unique to the County of Mariposa.................................................8-56

8.12.01 Seasonal Employee Housing ................................................................8-56 8.12.02 Housing and University of California at Merced...................................8-56

9 Circulation, Infrastructure, and Services .......................................... 9-1 9.1 Circulation, Infrastructure and Services Issues, and Summary of Findings ....................... 9-2

9.1.01 Roadways ................................................................................................... 9-3 9.1.02 Transit ......................................................................................................... 9-5 9.1.03 Non-Motorized Transportation................................................................... 9-5 9.1.04 Airport.......................................................................................................... 9-5 9.1.05 Water and Wastewater .............................................................................. 9-5 9.1.06 Solid Waste................................................................................................. 9-6 9.1.07 Schools ....................................................................................................... 9-6 9.1.08 Electrical and Telecommunication Services............................................. 9-7 9.1.09 Emergency and Law Enforcement Services ............................................ 9-7

9.2 General Plan Implementation ..................................................................................... 9-7 10 Agriculture ......................................................................................... 10-1

10.1 Agriculture Issues and Summary of Findings..........................................................10-1 10.1.01 Preserving Agricultural Lands ...............................................................10-2 10.1.02 Working Landscape Stewardship..........................................................10-2 10.1.03 Nurturing the Agricultural Economy Throughout the County ..............10-3 10.1.04 Maintaining the Rural Character of the County....................................10-3

10.2 General Plan Implementation ...................................................................................10-5 11 Conservation and Open Space......................................................... 11-1

11.1 Conservation and Open Space Issues and Findings .............................................11-1 11.1.01 Scenic Resources ..................................................................................11-2 11.1.02 Water Resources....................................................................................11-2 11.1.03 Mineral Resources .................................................................................11-2 11.1.04 Wildlife and Vegetation ..........................................................................11-3 11.1.05 Forest ......................................................................................................11-4 11.1.06 Soils.........................................................................................................11-4

11.2 General Plan Implementation ...................................................................................11-4 11.3 Related General Plan Elements .............................................................................11-11

12 Local Recreation................................................................................ 12-1 12.1 Local Parks and Recreation Issues and Findings...................................................12-1

12.1.01 Programs, Facility Development, and Maintenance ............................12-1 12.1.02 Intergovernmental Cooperation.............................................................12-2 12.1.03 Park and Recreation Funding................................................................12-2

12.2 General Plan Implementation ...................................................................................12-2 12.3 Related General Plan Elements ...............................................................................12-5

12.3.01 Land Use.................................................................................................12-5 12.3.02 Circulation, Infrastructure, And Services ..............................................12-5


12.3.03 Conservation and Open Space .............................................................12-5 12.3.04 Regional Tourism ...................................................................................12-5

13 Regional Tourism .............................................................................. 13-1 13.1 Regional Tourism Issues and Summary of Findings ..............................................13-1

13.1.01 Expansion and Integration of County Regional Tourism Opportunities ..........................................................................................13-2

13.1.02 Intergovernmental Cooperation.............................................................13-3 13.2 General Plan Implementation ...................................................................................13-4 13.3 Related General Plan Elements ...............................................................................13-6

13.3.01 Land Use.................................................................................................13-6 13.3.02 Economic Development .........................................................................13-6 13.3.03 Circulation, Infrastructure, and Facilities ..............................................13-6 13.3.04 Local Recreation ....................................................................................13-6

14 Historic and Cultural Resources...................................................... 14-1 14.1 Historic Resources Issues and Summary of Findings ............................................14-1

14.1.01 Deterioration of Historic and Cultural Resources.................................14-1 14.1.02 Identification of Historical and Cultural Resources ..............................14-2 14.1.03 Relationship of Cultural and Historic Resources to the

General Plan Issues...............................................................................14-2 14.1.04 Opportunities for Preservation of Historic and Cultural Resources ....14-2 14.1.05 Balancing Private Property Rights and Historic Preservation .............14-3 14.1.06 Native American Consultation ...............................................................14-4

14.2 General Plan Implementation ...................................................................................14-4 14.3 Related General Plan Elements ...............................................................................14-7

14.3.01 Economic Development .........................................................................14-7 14.3.02 Regional Tourism ...................................................................................14-8

15 Noise................................................................................................... 15-1 15.1 Noise Issues and Summary of Findings ..................................................................15-1

15.1.01 Mariposa Yosemite Airport ....................................................................15-2 15.1.02 Motor Vehicle Noise ...............................................................................15-2 15.1.03 Off-road Vehicles and Recreational Uses ............................................15-2 15.1.04 Special Events........................................................................................15-2

15.2 General Plan Implementation........................................................................................15-3 16 Safety.................................................................................................. 16-1

16.1 Safety Issues and Summary of Findings .................................................................16-1 16.1.01 Fire Hazard .............................................................................................16-1 16.1.02 Flood Hazard ..........................................................................................16-2 16.1.03 Geologic Hazards...................................................................................16-3 16.1.04 Seismic Hazards ....................................................................................16-3 16.1.05 Airport Safety ..........................................................................................16-4 16.1.06 Naturally-Occurring Asbestos................................................................16-5 16.1.07 Hazardous Materials and Hazardous Waste........................................16-5 16.1.08 Emergency Management and Evacuation Plans .................................16-6


16.2 General Plan Implementation ...................................................................................16-7 Appendix A Glossary of Terms..................................................................1

Defining Words ....................................................................................................................... 1 Use of General Terms.................................................................................................. 1 Definitions Within Area Plans and Specific Plans...................................................... 1 “Shall” and “May”.......................................................................................................... 2 “and” and “Or” ............................................................................................................... 3 Sources of Definitions .................................................................................................. 3

Definitions ............................................................................................................................... 4 Interpretation of Terms and Concepts ................................................................................ 21

Historic and Cultural Resource Terms and Meanings ............................................. 21 Contiguity of Land Use Classifications for Agriculture/Working Landscape .......... 23

Appendix B Background Information ........................................................1 Planning Commission Preface .................................................................................... 1 Land Use Element........................................................................................................ 3 Safety Element ............................................................................................................. 7 Housing Element .......................................................................................................... 8

Housing Inspection ................................................................................................................. 9 Cluster Housing .................................................................................................................... 10

Appendix C Future Consideration..............................................................1 “Future Considerations List” ............................................................................................. 1

General Plan Administration........................................................................................ 2 Land Use 3 Economic Development ............................................................................................... 3 Arts and Culture............................................................................................................ 5 Housing 5 Circulation, Infrastructure, and Services..................................................................... 7 Agriculture..................................................................................................................... 7 Conservation and Open Space ................................................................................... 7 Local Recreation .......................................................................................................... 8 Regional Tourism ......................................................................................................... 8 Historic and Cultural Resources.................................................................................. 9 Noise 9 Safety 11

Appendix D Guidance for the Interpretation of the General Plan............1

List of Tables

Table 16-1: Secondary Seismic Hazards........................................16-4

List of Figures

Figure 1-1: Regional Map .......................................................... 1-1


Figure 1-2: Population Trends and Projections ..................... 1-2

Figure 5-1: Planning Areas........................................................5-17

Figure 5-2: Mariposa County General Plan Land Use Map5-22 Figure 8-1: Population Demographics by Age ..................... 8-4 Figure 8-2: Employment by Category ................................... 8-6 Figure 8-3: Household Income Distribution and

Median Household Income ................................. 8-7 Figure 8-4: Median Priced Home Trends .............................8-10 Figure 8-5: Land Ownership in Mariposa County..............8-25 Figure 9-1: County of Mariposa Circulation System ........... 9-4

Explanations

Explanation 5-1: ...............................................................Planning Areas 5-5-19 Explanation 8-1: Zoning Nomenclature .......................................8-22


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IINTRODUCTIONNTRODUCTION

1. THE GENERAL PLAN’S PURPOSE he State of California requires every city and county to adopt a legally adequate General Plan containing mandatory elements on issues important to the people of California. The law permits General Plans to incorporate optional elements to address issues important to the people in the jurisdiction adopting the Plan.

The California Supreme Court calls the General Plan the “constitution” of a County, and it serves as more than a document regulating land use. Although zoning is the more commonly known land use regulation tool, the General Plan is distinct and more fundamental in its role. The General Plan provides the long-range vision and policy direction defining what the County is and wants to become.

The General Plan comprises the written adopted policies of the Board of Supervisors with input from County residents. It represents a commitment to the County’s future. The General Plan creates a business plan for the County of Mariposa. For Mariposa County, the General Plan’s implementation is the foundation for the future, guiding the County’s growth and development for the next 20 years.

2. GENERAL PLAN CONSISTENCY No matter how many elements a General Plan contains, the law dictates equal weight and value to all. This means components of the General Plan—goals, policies, and implementation measures—must work together.

3. RELATION TO OTHER LAND USE LAWS The Board of Supervisors implements the General Plan through development and adoption of ordinances and standards. The General Plan focuses on policies to manage land development and capital infrastructure.

In addition to updating Title 17, the County will need to consider revision of both Title 16 of the Mariposa County Code, Subdivisions, Title 18, Miscellaneous Land Use codes, certain components of the Title 15, Building Code, and will need to consider road standards, design review guidelines, and historic review guidelines.

T


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4. THE GENERAL PLAN AND THE RIGHTS AND RESPONSIBILITIES OF HOLDING PROPERTY

The County of Mariposa General Plan recognizes the constitutional right to hold and use property. An important purpose of the General Plan is to entrust the right to use property in a manner beneficial to - the County’s constituencies. The General Plan establishes goals, policies, and implementation programs to define the highest and best use of lands within its jurisdiction.

When policies are implemented, the structure of the General Plan creates a due process whereby a property owner is able to hold and use property in balance with the rights of all other property owners.

The General Plan is a catalog of choices. Almost all actions of the County involve competing issues and values. The General Plan consolidates some of the choices as County policy. Through the public review of this document as it is being developed, through the public hearing process as its policies are implemented, and through the power granted by the State, the County of Mariposa General Plan grants those property rights and establishes equitable property responsibility.

5. ELEMENTS OF THE GENERAL PLAN An “element” is a component or chapter of the General Plan. State law requires that some elements be contained in the General Plan. Planning issues of special significance for a particular city or county can be placed in a series of optional elements.

5.01 FOUNDATIONAL ELEMENTS The first three chapters of the General Plan, together based on the philosophy of the 1981 General Plan, input from Mariposa County citizens, and guidance from the County Board of Supervisors, form the foundation of this General Plan . The goals, policies, and implementation measures of the Plan all rest on and must be consistent with the foundation in these three chapters.

1. Mariposa County Setting and Governance

2. Planning Issues Raised by County Residents

3. Guiding Principles of the Mariposa County Board of Supervisors

5.02 REQUIRED ELEMENTS California law requires every General Plan to address a minimum of seven elements.1

• Circulation (including infrastructure and services)

• Conservation

1 Section 65300 et. seq. of the California Government Code defines the minimum content requirements for each of these elements.


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• Housing

• Land Use

• Noise

• Open Space

• Safety

The State allows maximum flexibility in preparing the General Plan. For example, cities and counties are permitted to combine elements. In the Mariposa County General Plan, Open Space and Conservation are combined into one element.

5.03 OPTIONAL ELEMENTS In order to address important issues specific to Mariposa County, the General Plan includes the following six optional elements.

• Agriculture

• Arts and Culture

• Economic Development

• Historic and Cultural Resources

• Local Recreation

• Regional Tourism

In addition, the County expanded the Circulation Element to become the Circulation, Infrastructure, and Services Element.

5.04 AREA PLANNING Mariposa’s diverse communities create unique planning areas, each with their own distinct character. Therefore, the County incorporates area plans into the General Plan. Each area plan acts as a mini-General Plan and falls into one of three categories: town plans, community plans, or special plans.

6. HISTORY OF GENERAL PLANNING IN MARIPOSA Planning in Mariposa began in the late 1940s when the County contracted with an engineering firm to prepare a master plan. Zoning regulations started evolving in the mid-1950s. In the late 1950s and early 1960s, Mariposa started seeing the creation of extremely large subdivisions, such as Lake Don Pedro, Lushmeadows Mountain Estates, Mariposa Pines, Ponderosa Basin, and Yosemite West. Since the 1960s, there have been few major subdivisions of this magnitude. In the mid-1970s, the County adopted Ordinance 180, which was the first organized zoning regulation, but left most of the County zoned “Unclassified.”

Between 1978 and 1981, the General Plan elements required by State law were adopted separately, then consolidated into a single document; the 1981 General Plan. With several minor amendments over the years, and a major Housing Element Update in 1995, the 1981 General Plan has served the County for the past 20 years. At the outset, the General Plan was


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the County’s zoning regulations as well as its policy document. Rather than serving as a road map for the future, the 1981 General Plan was used as a zoning tool; however, in 1988, the County adopted Title 17, Zoning.

Recognizing the need to address planning issues that are unique to individual communities, the County prepared “town planning area” plans for Coulterville (1980), Fish Camp (1983), Mariposa (1981), and Wawona (1987). The “Wawona Town Specific Plan” is unique in that its implementation is carried out jointly with the National Park Service.

With guiding policies in the 1981 General Plan calling for its replacement in 2000, the Board of Supervisors initiated this General Plan Update process.

7. STRUCTURE OF THE GENERAL PLAN The subject matter and complex approval process of the General Plan creates a voluminous document. For convenience, the General Plan is published in four volumes.

• Volume I — Countywide General Plan

• Volume II — Area Plans and Interim Land Use Plans

• Volume III — Technical Background Report

• Volume IV — Environmental Impact Report

Only two volumes—the countywide General Plan and the Area Plans—constitute the actual General Plan. The other two are reference documents that provide information to support the General Plan goals, policies, and implementation measures contained in the first two volumes.

VOLUME I: COUNTYWIDE GENERAL PLAN Volume I contains the countywide General Plan, consisting of seven mandatory General Plan elements and six optional elements added by the County. This Volume applies to all portions of the County, unless otherwise addressed in the Area Plans.

VOLUME II: AREA PLANS The General Plan identifies “planning areas” for communities and towns. “Area plans” are the adopted documents defining land use and planning policy for planning areas. The Land Use Diagram identifies “Planning Study Areas” to define those lands that do not have adopted Area Plans but are to be considered for inclusion in the Area Plan during the area planning process.


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When adopted, area plans are separate documents. Area plans are one of four types: town plans, community plans, special plans, or the Yosemite National Park General Management Plan—which incorporates a number of subsidiary plans, including among them the Yosemite Valley Plan. The Yosemite General Management Plan is not a General Plan document, and the County has no authority over the Yosemite National Park plans but its planning process is recognized as a component of overall planning in Mariposa County.

Each of the area plans addresses specific issues and opportunities for its planning area. The area plans may include any number of elements to address General Plan programs. The Wawona Town Specific Plan and the Fish Camp Town Specific Plan are considered Area Plans for purposes of the General Plan. The term “specific plan” is reserved for precise development plans of private or major mixed-use County projects. While specific plans are not incorporated into the General Plan as an element, the documents must be consistent with the General Plan.

Volume II contains interim land use maps for the Planning Study Areas.

VOLUME III: TECHNICAL BACKGROUND REPORT The General Plan has supporting technical data. The Technical Background Report contains a summary of this data. The Report is updated, as new technical information related to the General Plan is made available to the County.

VOLUME IV: ENVIRONMENTAL IMPACT REPORT AND DOCUMENTATION

The California Environmental Quality Act (CEQA) requires environmental analysis of all discretionary projects to be approved by the County. The Mariposa County General Plan Update is analyzed with a Program Environmental Impact Report (EIR) because the impacts of a General Plan cannot be as precisely defined and proposed mitigation cannot be as specific as for a Project-level EIR.

This General Plan, consists of Volumes I and II, together with the description of the environmental setting in Volume III and analysis of impacts in Volume IV, Environmental Impact Report. These volumes, when read together, incorporate the required topics needed for a complete Draft Environmental Impact Report.

Proposed projects that are at or below thresholds are generally approvable without a project-specific environmental impact report. Projects that have impacts above the assessed thresholds will need more detailed environmental analysis demonstrating that project impacts can be mitigated to less-than-significant levels. This can be done as part of the development of the proposed project prior to application submittal by the preparation of a project-specific environmental impact report for the project.

8. GENERAL PLAN TERMINOLOGY To the extent possible, the General Plan is written in plain language. However, as in any technical planning document, there are “terms of art,” (i.e., statutorily assigned definitions and document-specific terms). The General Plan provides a glossary (Appendix A) to aid in


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the understanding of the document. The glossary establishes specific rules on the meaning of words in the General Plan and provides a hierarchy explaining how the definitions are established.

9. ORGANIZATION The General Plan is divided into Chapters that correspond to the Elements of the Plan. Each of the chapters is subdivided into sections. The terms “Chapter” and “Element” have the same meaning related to the General Plan’s organization.

Chapters are denoted with a number and title appearing in large type at the beginning of each Chapter.

Example:

33 GGUIDING UIDING PP RINCIPLESRINCIPLES

For each subsequent page of the Chapter, the name of the Element or Chapter is set in italics within the header.

Example:

Guiding Principles Within each Element, the sections and subsections lead with the Chapter number. This way the reader is able to know where in the General Plan information is cited.

Example:

3.4 OVERALL GENERAL PLAN GOALS

“Section 3.4” refers to the fourth major topic in Chapter (or Element) 3. This number is also referenced as part of the numbering for goals, policies, and implementation measures as described below.

Subsections are numbered with 01, 02, and so on.

Example:

3.4.01 SUMMARY OF MAJOR FINDINGS

The subsection divides the major issue into a series of related topics. If further division of a topic is required, the following identification sequences are used:

Example:

B. REGULATIONS IN PLANNING AREAS

Example:

B(1) INTERIM REGULATIONS FOR AREA PLANS


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Example:

[A] SPECIAL POLICY PROGRAMS

Goals, policies, and implementation measures are numbered to identify the section with which they are associated.

Examples:

Goal 3-2: The “3” is the Element number, the “2” reflects the goal number. This means this is the second goal in Element 3.

Policy 3-2c: This shows that the policy is the third policy under Goal 3-2. The “3-2” is the goal number, the “c” is the policy number.

Implementation Measure 3-2c(1): This identifies the first implementation measure under Policy 3-2c. The “3-2c” is the Policy, the “(1)” is the implementation measure number.

For each implementation measure, the following are provided:

Timing: Identifies the time frame during which an implementation measure is anticipated to be completed.

Responsibility: Identifies which agency or department is responsible for carrying out the measure.

Fiscal Impact: Generalizes the type of monetary impact on the County’s budget generated by the implementation measure.

Consequences: Is a statement of the intended or sometimes unintended results of carrying out this implementation measure.

10. SUMMARIES OF MAJOR FINDINGS Each General Plan element, except for the Foundational Elements, includes a “summary of major findings.” The summaries define the issue being addressed; discuss the problems, solutions, options, or opportunities in general terms; and reach conclusions about why policy programs are incorporated into the General Plan. The summary is the “reason why” particular issues are addressed and incorporated into the General Plan.

11. IMPLEMENTATION In order to accomplish the objectives defined for issues by the Board of Supervisors, the Plan identifies goals and policies and incorporates specific implementation measures.

11.01 GOAL Goals are the broad objectives or destinations of the General Plan and identify major concepts the community wishes to achieve.

11.02 POLICY A policy refines the goal into one or more specific components. Policies may divide goal accomplishments into separate steps. The policy states the Board of Supervisors’ official


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intent as to how or why a goal is to be accomplished. “Policy” guides regulatory action programs, operations and maintenance costs, and capital improvement programs for the County.

11.03 IMPLEMENTATION MEASURE An implementation measure carries out a policy. These measures ensure Board policy is carried out through the County’s administrative process. Implementation measures are either time-specific or quantifiable. Implementation measures are mandatory components that make the General Plan work.

12. GENERAL PLAN TIMELINES To carry out the General Plan, certain implementation measures are prioritized to occur within three time frames in the future. It is expected that the Board of Supervisors will evaluate the appropriateness of the time frames during updates of the General Plan based on current issues, financial feasibility, current Federal and State law, and County priorities. Rather than assigning specific dates to time-specific implementation measures, the actions are prioritized into one of three planning horizons: short-, intermediate-, or long-term. Quantifiable implementation measures are “ongoing” actions or “ongoing review standards.”

12.01 SHORT-TERM PLANNING PERIOD The short-term planning period covers the first five years from General Plan adoption.

12.02 INTERMEDIATE-TERM PLANNING PERIOD The intermediate-term planning period is the second five years from General Plan adoption. Items prioritized for the midterm period are obviously speculative priorities. Each year the County will review the intermediate-term priorities and determine which will be moved into the upcoming short-term planning period, which will be retained, and which will be deferred to the long-term planning period. Some may be eliminated entirely due to changes in County policy direction.

12.03 LONG-TERM PLANNING PERIOD The long-term planning period follows the intermediate-term planning period and covers the last ten-year period of the 20 year General Plan horizon. This projects conceptual ideas and programs well into the future. As the Plan is carried out, some of these programs will be assigned higher priorities and moved to a more predictable and accomplishable time frame. Others may be retained as long-term goals or as programs not ready for capital improvements or implementation. As time passes and the County’s needs change, some low priority long-term programs may be dropped.


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11 TTHE HE MM ARIPOSA ARIPOSA CCOUNTY OUNTY SSETTINGETTING

This chapter of the General Plan lays out the County’s setting and projections for the future.

1.1 WHERE WE ARE he County of Mariposa is located in central California, adjacent to the San Joaquin Valley within the central Sierra Nevada. Mariposa County is surrounded by Tuolumne County on the north and east, Madera County on the south, and Merced and Stanislaus counties on the west (Figure 1-1). Mariposa County boundaries are approximately 25 minutes from Merced and one hour from the cities of Modesto, Madera,

Sonora, and Fresno. The Town of Mariposa is a little less than two hours from Fresno-Yosemite International Airport, three and one half hours from Oakland International Airport, four hours from Sacramento International Airport, and over four hours from San Francisco International Airport. Merced’s Amtrak train station is an inter-modal transfer point with the Yosemite Area Regional Transit System.

Figure 1-1: Regional Map

T


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1.2 WHO WE ARE In January 2006 the California Department of Finance estimates that Mariposa County was home to 18,216 residents, up nearly six percent from the 2000 census, which was an increase of almost twenty percent from the 1990 census. At the build-out of the General Plan, the County analyzes a population potential of 28,000, which theoretically could be reached within the planning horizon of 2020 (Figure 1-2).

The demographics of Mariposa County have not changed much between the 1990 census and 2000 census. Mariposans tend to be older than the statewide median age with a third of the County’s population in the 35 to 54 year old cohort, while a quarter of the population is under 19, and nearly half the families in the County have children at home.

Figure 1-2: Population Trends and Projections

1.3 WHERE WE LIVE Approximately half of the County’s population lives in rural settings with the balance residing in and around various towns and communities. The Town of Mariposa, with approximately 2,500 people, is the County seat and largest town in the County. The next largest community is Yosemite Village, headquarters for Yosemite National Park with over 1,300 full time residents, while the Lake Don Pedro subdivision is the third largest with just under 1,300 residents.

With the recorded data available, determining the population for the unincorporated communities was challenging. 2000 Census Block population counts were calculated through matching up the Block boundaries as closely as possible with the Planning Areas. These two boundaries do not always coincide, and as a result, the Planning Area populations are generalized estimates and not an exact population count.


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1.4 WHY WE LIVE, WORK, AND PLAY HERE One of the main attractions of Mariposa County is its scenery. The scenic views of the area are why so many have moved to the County in recent years. Living in Mariposa offers a quiet atmosphere created by the rural character and the relaxed pace of life.

Residents and visitors speak about the quality of the “rural lifestyle.” The rural lifestyle in Mariposa County is beloved and virtually every person involved with the General Plan process has stated the rural character of the County must be preserved. No matter where people stand on the issue of property rights or growth management, the majority of people want to preserve the rural lifestyle.

The term “rural lifestyle” means different things to different people. At the outset, the General Plan process intended to create one single definition. However, it became apparent from participant’s comments that no single definition is feasible. The General Plan respects the diversity of ideas throughout the County.

Mariposa County does not support the “suburban foothill economy” found in portions of the rural counties of El Dorado, Nevada, and Placer. Mariposa does provide a landscape of rural homes with reasonable commutes to Fresno, Merced, and Modesto. The variety of terrain, climate, and access to recreation throughout the entire year combine to make Mariposa County’s character a treasure that residents and visitors desire to protect. Mariposa County residents have witnessed the impact of rural sprawl in surrounding counties, and as a result, have clearly stated a desire to avoid this type of development pattern. This General Plan intends to ensure that rural sprawl is not repeated in Mariposa County.

1.5 OUR PLACE IN THE WORLD: AN INTERNATIONAL DESTINATION

The County of Mariposa is an international destination because of Yosemite National Park. Each year, thousands of visitors from the nation and the world come to Yosemite to experience its natural wonders. Yosemite National Park is considered a crown jewel of the National Park system. It is internationally recognized as one of the natural wonders of the world. Most visitors arrive by automobile, while others arrive as part of a bus tour. For these visitors, there are four access routes to or from Yosemite through Mariposa County –--Highways 140, 41, 120, and 132.

Highway 140 through Mariposa County provides direct, all-weather access to Yosemite Valley. As such, Highway 140 facilitates the Town Planning Areas of Mariposa and El Portal and the Community Planning Area of Midpines to serve as hosts to thousands of international visitors.

Visitors from southern California enter via Highway 41, a more challenging bus route, but heavily traveled. This creates international gateway opportunities for Fish Camp and Wawona. The Buck Meadows area is located on the Highway 120 route from the Bay Area.

Highway 132 brings visitors to Yosemite National Park through Coulterville and Greeley Hill via J132 to Highway 120. From the Central Valley, Highway 132 offers the most direct route into the Park.


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Over the Sierra Nevada in the summer, Highway 120 brings traffic into Yosemite Valley from both US 395 in Mono County and from the Bay Area through Crane Flat near Buck Meadows. Many international visitors on bus trips travel to the County from Las Vegas and exit via Highway 140.

1.6 OUR HUMAN AND NATURAL ENVIRONMENT Mariposa County’s human environment is defined by its relative isolation from large urban centers and its rural settlements with concentrations of homes in distinct small towns and communities. Many of the County’s residents enjoy lifestyles offering direct access to and interaction with open spaces and the natural environment. Yosemite National Park and other features of the County attract millions of visitors and thousands of part-time residents.

Human settlement in Mariposa County reflects the natural environment and topography of the County. The western edge of the County, characterized by gentle terrain and rolling hills blending into the San Joaquin Valley, is sparsely populated grazing land. Most of the County’s population lives within the low elevation foothills and valleys of the Sierra Nevada’s west slope. Several small communities, with a mix of permanent and seasonal residents, are located in mid-elevation areas west and south of Yosemite National Park. The eastern portion of the County, part of the famed High Sierra region, has several small High Sierra camps in Yosemite National Park that are used during the summer.

1.7 THE CULTURAL TRADITIONS AND WRITTEN AND ORAL HISTORY OF MARIPOSA COUNTY

The indigenous ancestors of the Southern Sierra Miwuk Nation (The “Tribe”) have occupied their traditional territory for 10,000 years. The Tribe’s traditional territory encompasses much of what are now Yosemite National Park, Northern Valley Foothills and the San Joaquin Valley (Mariposa, Merced and Madera Counties). The Tribe continues to maintain strong ties and relationship to their traditional territories. The indigenous people were the first stewards of the land, water, air, and natural resources. The indigenous people lived off the ecosystems, which is valued as the life force of all living things. Traditional gathering and best agricultural practices of the native people were very complex and were based on needs and usage in each family use district. Trade among the indigenous people included Pinon Pine nuts, obsidian, Black Oak acorns, Indian hemp, Soap root, seashells, salmon and medicinal materials. Traditional basketry by the indigenous people employed methods of weaving with willow, redbud, bracken fern root, bunch grass and other native plants.

The Tribe has sustained its language, tribal organization, traditional cultural and spiritual connection to the land for thousands of years. The Tribe is actively maintaining a government-to-government relationship with Federal, State and local government of cities and towns in three major counties. The indigenous people have endured many hardships and cultural disruption since the influx of the Spanish before the 1800’s.

The Spanish domination of California and Mexico ended in l804 with the Mexican Revolution. With the withdrawal of the Spanish Military and the Mission Fathers, the land that had belonged to both the crown and the church were secularized. This meant that those who had worked the mission lands, both Indian and Mexican, were left to attempt to continue the work done by the Padres.


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California became divided into many large land grants issued to families for purposes of ranching. Without the protection of the Spanish, California became vulnerable to unofficial exploration by Americans moving west from the Rocky Mountains. While elements of the Mexican Army would patrol occasionally, they were poorly trained and equipped. On one short foray in 1806 into the interior of California with which they were unfamiliar, Mexican Army patrols came upon a side stream of the San Joaquin River. It was here that a Padre with the group, Fr. Pedro Munoz, noted in his diary that this area would be known as “Las Mariposas,” or the Butterflies. This site of many Butterflies earned the title that was to name the stream, a Mexican Land Grant, and the County and Town of Mariposa.

The Mexican troops subsequently returned to the coast probably by way of San Juan Bautista and little was heard of the interior of this region of California until a request was made for a grazing land grant to be given to the retiring Mexican Governor of California, Juan Bautista Alvarado. Alvarado was given such a grant with the stipulation that he perfect the title by its use. It is not clear that he ever complied with the requirement but when Thomas Larkin, American Council General of California, stationed in Monterey, was asked by Col. John C. Fremont to seek land for him, he purchased the land grant from Alvarado on behalf of Fremont. This grant consisted of ten square leagues of land but did not have fixed boundaries. Being essentially an unperfected grazing grant, Fremont could only rely on a crude map that Alvarado prepared. This map placed the grant somewhere between the Chowchilla and Merced Rivers, in the foothills, and little else. Fremont attempted to perfect the grant title but the natives drove off the men that he sent to settle the land. Soon this land would become part of the United States.

During the period before the discovery of gold at John Sutter’s sawmill, east of Sacramento, Fremont was involved in an insurrection in California, which would ultimately lead to U.S. ownership. The war with Mexico, primarily over Texas, was finally settled by treaty in l848, giving much of the west, including California, to the United States. On January 24, l848, even before the treaty was signed, Sutter’s men, directed by James Marshall found gold in a millrace from a sawmill that was being constructed. Word of the discovery spread slowly, and it was not until the next year, l849 that the world became aware of the seemingly easy wealth and began descending on California from all over the world. A worldwide depression sent many to California hoping to regain their fortunes. They were poorly prepared for the wilderness they were to find.

Because of disagreements with superiors during the war with Mexico, Fremont was sent to Washington D.C. to be court-martialed. He was convicted, but President James Polk remitted the judgment and Fremont resigned from the Army to return home to California in 1849. In route to California, Fremont encountered a group of miners from the state of Sonora, Mexico, who were on their way to the California Gold Rush. With some knowledge, perhaps of gold on his property purchased by Larkin, Fremont struck a deal with the miners to proceed to the Las Mariposas and begin development. Alex Goday, a trusted lieutenant of Fremont’s, accompanied the Mexican miners to oversee the work and return Fremont’s share to him. The Mexican miners first worked on Agua Fria Creek, just west of the present town of Mariposa, and then moved eastward to discover a rich vein and surface gold bearing rock on the east side of the Mariposa River (Creek). They gathered the surface quartz (called float) and constructed two arastas along the creek to crush the ore. They then washed the sand in Mariposa Creek to separate the gold. This work occurred approximately in the area below the location of St. Joseph’s Church in Mariposa today.


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The Mexicans gathered their findings and divided them according to the agreement with Fremont. They then delivered his share to him and his wife, Jessie, in Monterey. Around l850, the desire for statehood for California gained momentum. Development of the mining areas north of Mariposa occurred more rapidly because of a relative abundance of water and few disagreements over ownership of the land. Others moved south into Mariposa County to begin placer mining. It became important for Fremont to stake his claim showing his land and mining properties. He then proceeded to attempt to obtain clear title to his Mexican Land Grant.

While the legislature met early in 1850, agreement over various items, including slavery, delayed final adoption of statehood until September. During the legislative process that created the state, districts were formed for purposes of drawing representation for a constitutional convention. The largest district, or department, was that of the San Joaquin. Because Mariposa area was the southern end of the gold activity, areas south to Los Angeles were either vacant or still held by Indians and large Mexican Ranchos. For the most part, the land south of Mariposa was considered of little interest. It is not clear why Mariposa County was so large but it is suggested that because most of this area south to Fort Tejon and beyond was of little interest, it could be left for later development. This large County, which covered one fifth of the state, was to be the source of all or part of eleven counties carved out of the original Mariposa County over the next 73 years. Even today, portions of the boundary between Mariposa County and its northern neighbor, Tuolumne County, are unclear.

During the same timeframe, Fremont’s claim to land, based on a Mexican Land Grant, had not been recognized under American law. In 1852, the State of California sent its surveyor, Von Schmidt, to Mariposa to survey Fremont’s version of the grant. That original map survives at the California State Mining and Mineral Museum. It shows a grant boundary that follows the Mariposa River (Creek) from the area around Mariposa and Mt. Bullion, forming a head or pan shaped section of land, along the river to the west almost to the San Joaquin River. The map was given the name “Pan Handle Grant Map” because of its shape. However, when the Supreme Court considered Fremont’s request, under the title of California Land Case #1, they directed the state court to restructure the 44,000-acre plus grant, to give Fremont land that he did not claim. This included land north of Mt. Bullion, including Mt. Ophir, Bear Valley and to Ridley’s Ferry on the Merced River. Because others had already started development of mining properties that were given to Fremont, a series of court cases were heard, many in the new l854 Court House in Mariposa. The most significant case was titled “Biddle Boggs vs. The Merced Mining Company.” The decisions from this case formed the basis for most of the mining law written in various states of the west during their subsequent development. In l856, Fremont finally received clear title to his property. By this time his capital was depleted and his property in poor condition.

As early as l850, Fremont began development of property that he believed to be his. He leased the area along the Mariposa River (Creek) to the San Francisco banking firm of Palmer Cook and Co. Although many were searching for gold in the placers on property Fremont claimed, he seemed to be more interested in the larger scale development of the underground veins. He was correct about turning his attention to this method of development because of the lack of water on a consistent basis to wash the ore. Palmer Cook and Co. came to Mariposa with skilled tradesmen and miners. They laid out the town of Mariposa and began the development of the Mariposa Mine. Fremont’s lease to Palmer Cook and Co. had little legal basis except his reputation and the lure of quick wealth. Within eighteen months, Palmer Cook and Co. returned the property to Fremont and left Mariposa, leaving behind a


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new town. Fremont proceeded to lease ground to any who would use it, promising them ownership whenever he gained clear title.

Fremont built an adobe building at the corner of 5th and Charles Streets, primarily to house his attorneys Green B Abel and Rufus Lockwood. After a major fire in 1866, the building was given a brick veneer on the front and side, but the adobe sections still remain, especially the three-story section at the rear. The town that Fremont received from Palmer Cook and Co., was laid out on a proper grid, unlike many Gold Rush era communities up and down the Mother Lode. Although Agua Fria was the first county seat of Mariposa County, a series of events, including fire, flood, and declining placer mining activity, caused the moving of the counties business to the new Town of Mariposa. From late l851 until early 1854, County business was conducted in various locations within the town. In 1853, the governing body of the County, then a three judge Courts of Sessions, determined that a proper Court House be constructed. By early l854, the structure was located on a “high eminence” at the north edge of town. The opening of the seat of government and justice was accompanied by the publishing of a new newspaper that would become the Mariposa Gazette. The clock tower was added to the Court House in l863.

By 1856, Fremont’s Mexican Land grant was given recognition by American courts. The cost of attaining clear title and mismanagement of his properties left Fremont in debt, seeking a way out of his dilemma lead to the sale of the grant properties. The arrival of Treanor Park of Vermont began the process of disposing of the grant; and by l861, new owners took over.

In l850, there were a number of incidents between the miners in the placers and the native population. For centuries, the native people had lived in balance with what the land could provide. Being hunters and gatherers meant that they had to move with the seasons to survive. The miners arrived with little skill living off the land and in such numbers that they soon depleted the food reserves as well as occupied the seasonal routes that the Indians were accustomed to using. Incidents related to the killing of miners, especially those employed by Col. James Savage, and the destructions of his stores, caused the raising of a vigilante group. Fearing the slaughter of the Indians, the Sheriff of Mariposa County appealed to the Governor of the State for a militia to be formed to bring in the Indian population. Such a group was formed and given the name of the Mariposa Battalion. Under the leadership of Col. Savage, the Battalion divided into three companies and began the process of gathering the Indians and moving them to an area on the Fresno River. One group, the Yosemite led by Chief Tenaya, refused to be gathered. The search for the Yosemite led the Battalion to the brink of Yosemite Valley. It was this discovery by the Americans that changed the course of history of Mariposa County.

Mining soon became a seasonable activity in Mariposa County, with farming and grazing becoming a staple of life. Yosemite Valley was divided, for a time, into farms until the Federal Government granted the valley and the Mariposa Grove of Big Trees, in l863, to the State of California for the purposes of creation of a Park. Most homesteaders would graze their livestock in the high country of the Sierra during the summer, causing conflicts with those who felt that uncontrolled use of the fragile landscape was destroying it. John Muir arrived in Yosemite in l869, and began to develop the concepts of preservation that resulted in the formation of Yosemite National Park and Sequoia National Park in l890. Yosemite Valley remained a State Park until l913 when both the valley and the Mariposa Grove were retroceded to the Park. By 1914, the Department of Interior was formed and a civilian ranger corps took charge of protecting the Park. Some of the last years of the Army control involved


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the patrol of “Buffalo Soldiers,” black cavalry from San Francisco, pressed into service due to the Spanish American War.

By 1856, Galen Clark had moved to Wawona, then called Palachum, because of a seemingly fatal case of Consumption. Within a short time he, and Milton Mann, a Mariposa trail and road builder, discovered the Mariposa Grove of Big Trees. People arriving as visitors interrupted Clark’s solitude, and soon he was operating a small wayside cabin, which he enlarged into Clark’s Ranch providing lodging and meals. But this was not his main interest, and by l876 he sold his property to Albert Henry Washburn, who built the Wawona Hotel. Washburn also built a road from Wawona to Yosemite Valley, which opened just a short time after the completion of two roads from the north. One, the Coulterville Road, financed by Dr. McLean, and another from Chinese Camp called the Big Oak Flat Road, all rushed to be the first to deliver carriages to the new hotels in Yosemite Valley. By the late 1880s, tourism had become a major seasonable industry. By 1900, hotels and Camp Curry were entertaining thousands each summer. Access was still by horse drawn stage. By l906, the Yosemite Valley Railroad was completed from Merced to El Portal, bringing many from around the world to view Yosemite Valley. Yosemite did not have a first class hotel and the Del Portal Hotel in El Portal offered the only up-to-date facility in the area. Once the Federal Government took over Yosemite Valley, there was a great desire to improve accommodations in the Valley. By 1913, motorized vehicles were allowed in Yosemite and the trip from El Portal was reduced from four hours and fifteen minutes by carriage to one hour and fifteen minutes by bus.

By 1918, a state highway from Merced was started and slated to pass through the town of Mariposa, which for most of its history had been bypassed by the tourist routes. The Mariposa County Board of Supervisors had ordered a competition between designers of routes to Yosemite using the Merced River Canyon during the l880s. Although a route was adopted, no road was built. The town of Mariposa continued to be the county seat and was one of the two major commercial centers serving the ranches, mines, and lumber mills on the south side of Mariposa County. By l924, the new highway, now called Highway 140, reached Mariposa and began the push to Yosemite Valley via Midpines and the Merced River Canyon. Its completion in l926, along with the opening of the Ahwahnee Hotel, gave a low-level all year route to Yosemite Valley, and first class accommodations, long desired by the Park Service and the Department of Interior. The opening of the road began the decline of the Yosemite Valley Railroad. Had it not been for the logging operations both north and south of the river by long incline railroads, plus the mining and mineral development in the canyon, the railroad would have failed much earlier than its final demise following the flood of l937.

From the early 1880s until about l914, industrial mining was important in all parts of Mariposa County. With its center in Coulterville, the north county prospered. As well, Coulterville provided one of the three main routes to Yosemite Valley, a convenience not offered by Mariposa. The Potosi Mine group, including the Mary Harrison, was very active, and Coulterville easily rivaled Mariposa as a commerce center. On the south side of the County, the Mariposa and Commercial Mining Company operated mines in Mariposa and Mt. Bullion with capital acquired from English investors. The burning of the mills at the two mines in about l914 closed those operations, never again to be significant providers of jobs. Around Hornitos, a number of mines, primarily the Jenny Lind/Washington group and the Mt. Gains, provided employment almost until the Second World War. These mining operations, as well as others on the north side of the County such as the Bondurant, Dudley, North Fork and others, did not have to deal with the problems of distant ownership and huge


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holdings with great debt. The Diltz and the Clearing House Mines also operated from time to time until the war and provided employment to many.

Many residents of Mariposa County survived by a combination of seasonal work in Yosemite in the sawmills and woods, and by mining. Many engaged in subsistence agriculture, which meant that they would raise much of their own food. There was no electricity in rural Mariposa County for the most part until l948, and telephone service was mostly in towns or by farmer-installed single wire lines. Roads were maintained by members of the Board of Supervisors acting as Road Commissioners for each of their districts. They were mostly dirt and maintained by labor hired locally on a seasonal basis. Only the main highways maintained by the state were paved.

The Second World War stopped travel to Yosemite National Park. Many of the families left Mariposa to either enter the service or work in shipyards or factories in the San Francisco Bay Area. The mines were closed by Presidential order and stripped of their machinery, except for those that produced essential minerals. Following the war, Yosemite gradually began to regain visitation. Many of the small resorts built when Highway 140 and Highway 41 on the east side of the County opened, once again began serving visitors. A number of small sawmills began operation and agriculture began developing with many poultry farms and hog ranches. Raising cattle had always been important in the County and continued. Electricity began reaching rural areas, and telephone service was extended. The lack of basic services no longer was good enough for those who had spent the war years in the service or in cities working in war industries. The town of Mariposa created a utility district delivering water, sewer, and fire services, and John C. Fremont Hospital was opened to serve a younger and growing population. Mariposa was changing. By 1950, a gymnasium was built at the High School and the elementary school districts had unified. A new car in town was a big event and if it was a Buick or Cadillac, it could cause grudging envy. New homes were being built and the Mueller Tract near the hospital developed with new homes. By 1960, major subdivisions were springing up around the County with Don Pedro being the largest, followed by Lushmeadows Mountain Estates, Ponderosa Basin, Mariposa Pines, and Yosemite West. Yosemite Alpine subdivision in Fish Camp was formed with a community service district that provided water, roads, and snow removal. A small electronic based plant was created which continues to employ approximately fifty people. Visitation to Yosemite increased past three million, causing a change in the thinking about the use of the Sierra.

The history of Mariposa County can be best characterized by its periods of moderate growth, interspersed by periods of quiet economic activity. However, it can also be characterized by the sense of community that has always prevailed. The ability to know most of the citizens gives one a feeling of responsibility for our neighbors. It drives people to volunteer for just about everything. For the most part, when there was no ambulance, people found a way to create the service. When there was no fire protection, volunteer departments were formed. More than two-thirds of the roads in Mariposa are privately maintained today. Many volunteer to assist in schools, become 4-H leaders, help at the County fair, lead an Arts Council, participate in the Chamber of Commerce, serve on many boards and committees, and clean the roadsides. There is no end to the volume of volunteerism that makes Mariposa County whole.


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1.8 POPULATION GROWTH Projecting population growth for the next two decades is a combination of art and science. Historic trends are part of the process, but events surrounding Mariposa County make it obvious the County may face significant population growth. Although the 1981 General Plan allocated land for a holding capacity of more than 85,000 persons, the population increased from around 12,000 in 1981 to just over 17,000 in 2000.

1.8.01 GROWTH INFLUENCES FOR MARIPOSA COUNTY Foothill growth has always been “fed” by growth surges in valley communities west of the Mother Lode. 1970s and 1980s growth in the Sacramento region fueled surges in Nevada, Placer, and El Dorado counties. 1980s and 1990s growth in Lodi, Stockton, and Modesto impacted Amador, Calaveras, and Tuolumne counties. Current growth in Fresno-Clovis is driving suburbanization of eastern Fresno, Madera, and southern portions of Mariposa County.

Recent changes in the Central Valley have potential to apply population growth pressures on Mariposa County not experienced during the last twenty years.

To the north of Mariposa County, natural growth and pressure from the San Francisco Bay Area into the Modesto region caused Modesto’s population to increase from 165,000 in 1990 to over 189,000 in 2000, and increased housing costs for local residents. Modesto’s commute zone now moves beyond Oakdale and Waterford, bringing Tuolumne County’s Jamestown and Sonora, Stanislaus County’s LaGrange, and the Lake Don Pedro area of Mariposa and Tuolumne into its commute shed. Continued pressure from the San Francisco Bay Area commuters living in Modesto drive up the cost of living in that region. This has far-reaching effects that impact Mariposa County as well.

Informal polls in the Lake Don Pedro area find some commuters traveling as far as Tracy, Pleasanton, and Livermore for regular employment. The 20-year projection for Merced County shows population increases of more than 70 percent of its 2000 population, while Madera County will nearly reach 50 percent of its 2000 population (Table 1-1).


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Table 1-1: Neighboring County Population Trends and Projections

County 19902 20003 20065 2000 – 2006 Percent Change

2020 Projection4

2000 – 2020 Percent Change

Mariposa 14,302 17,130 18,216 6% 20,607 20%

Fresno 667,490 799,407 894,514 13% 1,114,654 39%

Madera 88,090 123,109 144,396 17% 183,966 49%

Merced 178,403 210,554 246,751 17% 360,831 71%

Stanislaus 370,522 446,997 514,370 15% 653,841 46%

Tuolumne 48,456 54,501 58,231 7% 65,452 20%

In addition to the Mariposa area, the Lake Don Pedro-Coulterville area is one of the few geographic areas of the County with public water and public sewage disposal systems. While there are capacity issues at present, the “Lakes” area of the County has the potential of accommodating significant new populations. There are more than 2,200 undeveloped lots with sewer and without sewer connection in the Lake Don Pedro area on which single-family residences can be constructed.

Western Mariposa County is facing urbanites fleeing urban growth and its associated cost of living. Among reasons for this boom is the new University of California campus at Merced. UC Merced will reach its peak enrollment of over 20,000 full time equivalent students during the life of the General Plan. With 6,000 staff and faculty members, the campus has a potential growth impact on western Mariposa County. However, significant issues limit that impact and can divert the growth north to Don Pedro or east, deeper into the County.

The lack of available services in the Catheys Valley region makes it difficult to develop suburban style tract housing. Large expanses of lands under twenty year Williamson Act Land Conservation contracts preclude significant subdivision activity. With a primary inventory in the vicinity of Catheys Valley of five-acre parcels for residential development, population growth potential in the area could spike over the next ten to twenty years, but build-out may be quickly reached.

From the south, Mariposa County faces significant growth pressure from the Fresno-Clovis metropolitan area. A projected extension of Highway 41 freeway from Children’s Hospital, just north of the San Joaquin River, to Highway 145 in Madera County, reduces Mariposa town to north Fresno commute times to under two hours. This places the Ponderosa Basin, Bootjack, Triangle Park, Indian Peak, Woodland, Usona, Darrah, Jerseydale, Fish Camp, and Wawona areas all within the Fresno commuter shed. Fresno is projected to increase its population 39 percent by 2020, and Madera County by 49 percent.

There is a mutual water company in Ponderosa Basin, a small water supply and wastewater treatment district in Mariposa Pines near Jerseydale, and no other provisions for public water

22000 U.S. Census. 32000 U.S. Census. 4California Department of Finance (DOF) Demographic Research Unit, May, 2006.


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or wastewater systems in this area of the County. The Bootjack-Usona-Triangle Area/Ponderosa Basin area is currently the most populous area of the County.

Eastern Mariposa County growth potential is limited by elevation, topography, climate, and lack of available private land; however, planned movement of employees and services out of Yosemite National Park will cause some growth to relocate to eastern and central Mariposa County.

1.8.02 BUILD-OUT PROJECTIONS When creating its General Plan, Mariposa County developed a population build-out projection for the Plan based on a methodology and set of assumptions.

The General Plan uses two population forecast methods to identify short-term and long-term issues and actions, a growth projection and a build-out projection. The growth projection is utilized to identify programs that need to occur in a short period of time, generally within a 15-year time frame. The build-out projection is utilized to anticipate programs and actions that will occur beyond a 15-year time frame but that need to be considered in any actions in the short-term period.

The growth projection is based on historic and project growth rates to forecast the pace of growth within the County. The most recent growth forecast was issued by the State of California for a period through 2050. This forecast projects a population of approximately 25,500 in Mariposa County in the next 40+ years.

The population projection reflects the implementation of the policies in this General Plan assuming the continuation of existing trends in development investment. Build-out of this General Plan would result in a population of 28,000 persons.

The projections were derived in several steps. The County first evaluated vacant land under two categories: 1) lands within the designated planning areas, and 2) lands outside of the designated planning areas. Mariposa County has approximately 50,100 acres of vacant residential land; of which, approximately 37,000 acres are within the County but outside of the planning areas and 13,100 acres are within designated planning areas (Table 1-2).

Table 1-2: Residential Land Evaluation Source: Mariposa County, 2006.

In addition to the vacant residential land within the County, there are 1,173 vacant private parcels outside the Plan Areas within the Natural Resource and Agriculture/Working Landscape designations and 6,800 acres of vacant land within the Plan Areas designated

Residential Land Use Designation (acres, rounded)

Vacant Land in the Residential Land Use Designation (acres, rounded)

Countywide, Outside Planning Areas

86,700 37,000

Within Designated Planning Areas

-25,000 13,100

Total 111,700 50,100


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Natural Resource, Agricultural/Working Landscape, Interim Community Center and Town Plan Area.

To determine the potential residential build-out one residential unit was allocated to each vacant parcel of private land outside the Plan Areas designated Natural Resource and Agricultural/Working Landscape. For vacant residential land outside of the planning areas, the County implemented a building density methodology that considers both slope and density in determining feasible developable acreage. Due to the varied sloping topography in Mariposa County, which creates constraints for development, it is unrealistic for the County to calculate residential build-out densities at 100 percent of a parcel’s development potential. Further, there are undeveloped areas of the County without infrastructure improvements, suitable soils, and/or access to a County maintained road or an improved road within 2,500 feet of the parcel. Table 1-3 presents feasible building density percentages based on slope for countywide land outside of the designated planning areas – Class A, B1, and B2.

Within designated planning areas, building densities were determined based on methodology within the adopted General Plan Housing Element, which evaluates development potential as a reasonable buildable percentage per land use designation. Table 1-3 presents the feasible building density percentages based on slope for countywide land outside of the designated planning areas, classified as Class A, B1, and B2, and the uniform percentages used for each land use. Within planning areas, the following land use designations were analyzed that allow for residential development: Residential, Agricultural/Working Landscape, and Natural Resources. Residential uses are also allowed within the Rural Economic/Commercial subclassification at one dwelling unit supporting each retail or commercial use; the Rural Economic designation was not analyzed because it is not a primary residential zone, and as such, the unit density per acre is not defined.


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Table 1-3: Feasible Building Density Percentages

Slope Vacant Land Feasible Onsite Building Density

Countywide, Outside Planning Areas

0-15% 30%

15-30%

10% Class A

30+% 3%

Class B1 n/a 35%

0-15% 30%

15-30%

5% Class B2

30+% 2%

Within Designated Planning Areas

Residential 30%

Agricultural/Working Landscape 20%

Natural Resources

n/a

25%

Interim Community Center n/a 40% Source: Mariposa County, 2006.

• Class A (parcels over 10 acres and over $15,000 in existing improvements). The following building densities are used for the established methodology: 30 percent for parcels with an average slope of under 15 percent, 10 percent for parcels with an average slope of 15-30 percent, and 3 percent for parcels with an average slope of 30+ percent. Because these parcels have some development, including residential development based upon the assessed value of improvements, it is assumed that basic requirements such as road access and suitable soils are present. However, as slope increases, road access and septic capabilities are adversely impacted; therefore, building densities that reflect the effects of slope are appropriate. There are 3,900 acres of residential buildable vacant land in Class A.

• Class B1 (parcels under 10 acres with under $15,000 in existing improvements). A building density of 35 percent of the total acres in this class is used for the established methodology regardless of slope. This figure is appropriate because development is a right; no discretionary permit is required for full residential development of parcels of this size. However, a building density of 100 percent is not likely because of the decisions of some property owners to withhold certain parcels from development. There are 1,800 acres of residential buildable vacant land in Class B1.

• Class B2 (parcels over 10 acres with under $15,000 in existing improvements). The following building densities are used for the established methodology: 30 percent for parcels with average slope of under 15 percent, 5 percent of parcels with average slope of 15 to 30 percent, 2 percent for parcels with average slope of 30+ percent. A more


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conservative building density figure was implemented for this class compared to Class A because there is no residential development likely to exist on the parcels in this class based upon assessed value of improvements. Therefore, basic requirements for development such as roadway access and suitable soils are not guaranteed. It is likely that the majority of these parcels are not within 2,500 feet of a County maintained road or improved road. The maximum building densities were based on slope and the previously stated predictable existing site conditions. There are 3,800 acres of residential buildable vacant land in Class B2.

• Planning Areas. The following flat rate percentage building densities were used to determine buildable vacant land acreage in the planning areas. The methodology is based on development potential per land use designations within the adopted General Plan Housing Element: Residential, 30 percent; Agriculture/Working Landscape, 20 percent; and Natural Resources, 25 percent. It is assumed that 40 percent of the acreage designated in the Residential land use will be developed, based on topography, ability to construct an approved onsite sewage disposal system, and ability to find an adequate supply of potable water. Because of the extremely low density of the Agriculture/Working Landscape and Natural Resources designations, it is assumed that 35 percent of the acreage designated in this land use will be developed. Slope was not used as a factor in the methodology for determining building density for land within designated planning areas because the planning areas are generally the historic communities within the county, which were built out of necessity in areas of fewer slope constraints than found in the rural parts of the county. There are 10,800 acres of buildable vacant land for residential dwelling units within designated planning areas.

With the total buildable vacant land/parcels for residential dwelling units calculated (Table 1-4), the County then determined the allowable dwelling units per acre in following three ways.

1. By the appropriate land use designation density within the planning areas.

2. By the County’s General Plan rural density policy of 1 dwelling unit per 5 acres for lands countywide outside of designated planning areas.

3. By allocating one dwelling unit to each private parcel outside the Plan Area within the Natural Resource and Agriculture/Working Landscape designations.

Table 1-4: Buildable Vacant Land/Parcels Acres/Parcels

Countywide, Outside Planning

Areas 9,500/1,200

Within Designated Planning Areas 10,800

Source: Mariposa County, 2006.

After the densities were determined, the total dwelling unit count was calculated. Within the designated planning areas, 1,200 dwelling units are projected, while outside of planning areas countywide, 3,100 dwelling units are projected. This equates to a net increase of 4,300 dwelling units. The County then applied the dwelling unit net increase to the Mariposa County 2000 U.S. Census average persons per household size (2.37) and then added that number to the existing population total to calculate population at build-out .


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Table 1-5 summarizes the build-out projection for this General Plan resulting in a population of 28,000 persons.

Table 1-5: Summary of Build-Out – Mariposa County General Plan

General Plan Dwelling Units Population

Existing Total 8,9915 17,8036

Net Increase 4,300 10,200 Build-out

Total 13,300 28,000

Persons Per Household

2.377

Source: U.S Census Bureau, 2000 and Mariposa County, 2006.

The California Department of Finance (DOF) Demographic Research Unit prepares population projections for the State and is designated as the single official source of demographic data for the State of California planning and budgeting. The most recent population projections released by DOF (May 2000) for California and its counties, from years 2010 through 2050, estimates the following populations for Mariposa County.

2010 2020 2030 2040 2050

18,608 20,607 22,435 23,979 25,456

These DOF estimates project a growth rate for Mariposa County at or below 10 percent per decade. This estimate of growth mirrors the conditions that have occurred between 2000 and 2006 where on an annual basis Mariposa County averaged a less than 1 percent growth rate, which is less than other rural counties such as Calaveras (1.8 percent), El Dorado (1.7 percent), and Tuolumne (2.9 percent) or surrounding counties such as Fresno (2.0 percent), Madera (3.0 percent), and Merced (2.6 percent). Since the 2000 Census was released, the DOF reports that Mariposa’s population has increased by 1,086 persons, estimating a January 1, 2006 population of 18,216. On a statewide comparison, Mariposa County is projected to have a slower growth scenario than California, which has a projected annual growth rate of 1.5 percent.

.

52002 U.S. Census Updated. 62003 U.S. Census Estimate. 72000 U.S. Census.


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1.9 THE GOVERNANCE OF MARIPOSA

1.9.01 MARIPOSA COUNTY GOVERNMENT The County of Mariposa is a general law county. The County is administered by an elected, five member Board of Supervisors. Except for departments run by constitutional officers, the Board appoints all department heads. The County has decentralized management with each department head reporting directly to the Board of Supervisors. Elected department heads include the Auditor, Assessor/Recorder, Treasurer/Tax Collector/County Clerk, District Attorney, Sheriff/Coroner, and California Superior Court Judges.

Appointed department heads are Agriculture Commissioner/Sealer, Building Director, Child Support Services Director, Clerk of the Board, County Administrative Officer, County Counsel, Farm Advisor, Fire Chief/Emergency Planning Coordinator, County Health Officer, Human Services Director, Planning Director, Chief Probation Officer, Public Works Director, Librarian, and Community Services Director. The Superior Court Judges appoint the Chief Probation Officer.

The Board of Supervisors appoints commissions and committees to consider and provide advice on designated matters and Board members serve as the directors for a number of dependent special districts in the County.

1.9.02 PLANNING ROLES AND RESPONSIBILITIES IN MARIPOSA COUNTY

A. Board of Supervisors

The Board of Supervisors is responsible for all planning policy in Mariposa County. Due to the diversity of requirements, the amount of work, and the need for expertise, the Board delegates some tasks to the Planning Commission or Staff. Some of the delegation includes decision-making authority. Other issues are delegated for purposes of obtaining advice and recommendations. The Board of Supervisors cannot delegate its legislative responsibilities for the General Plan and its implementing ordinances.

B. Planning Agency

The Mariposa County Planning Agency (established in Chapter 2.50 of the Mariposa County Code) comprises the Board of Supervisors, Planning Commission, Planning Advisory Committees, and the Planning Director. The Agency’s legislation empowers the Board to direct the Planning Department. It also empowers the Planning Commission, Planning Advisory Committees, and the Planning Director to accomplish tasks and assignments on behalf of the Board of Supervisors.

C. Planning Commission

The Planning Commission consists of five citizen volunteers appointed by the Board of Supervisors. There is one commissioner from each Supervisorial District. Commissioner terms are concurrent with the elected Board member. The Planning Commission has the


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authority to approve quasi-judicial actions such as use permits, variances, and subdivisions. The Commission provides recommendations to the Board on legislative actions such as general plan and zoning amendments.

D. Planning Advisory Committees

Planning Advisory Committees of local citizens are appointed by the Board of Supervisors and used to provide recommendations, suggestions, and assistance on various matters of importance to local communities. The Committees are charged with the responsibility of preparing the preliminary version of area plans.

E. Historic Sites and Records Preservation Committee

Formed on April 4, 1972 by the Board of Supervisors in response to community desire, the Historic Sites and Records Preservation Committee is charged with reviewing and compiling an inventory of historic sites and buildings in Mariposa County. It has the responsibility to review County records prior to destruction to ensure important records of County history are preserved. Additionally, the Committee has the responsibility to review proposed road names, public projects, and private projects that may affect the County’s cultural and historic resources.

F. Agricultural Advisory Committee

The Mariposa County Agricultural Advisory Committee is formed to review and recommend on the inclusion or removal of any land in the Agriculture Exclusive Zone, and other matters associated with the agricultural economy of Mariposa County. The Committee reviews applications; makes recommendations regarding the inclusion of land in an Agricultural Preserve; and makes recommendations on Land Conservation (Williamson) Act contracts. Advisory Committee members are representatives of the agricultural community. Appointments to the Committee are determined by the Board of Supervisors.

G. The Planning Department

Mariposa Planning is responsible for the administration, operations, and management of all planning activities. The Department is not compartmentalized, but activities fall under Permit Activities, Policy Planning, and Enforcement. Mariposa Planning carries out police powers enabled by the General Plan and zoning regulations.

The Permit Activities Division processes applications for public and private parties interested in obtaining various types of permits and development entitlements from the County. The Division’s activities range from providing information and disclosure for due diligence analysis to shepherding Environmental Impact Reports through the administrative process. These activities involve decisions from the Staff level through the Planning Commission and Board of Supervisors.

The Policy Planning Division comprises the research and support arm of the Department. The Division provides background materials, reports, and research for Planning Advisory Committees, other boards, other committees and commissions, the Planning Commission, and the Board of Supervisors. The Division may prepare preliminary versions of reports, plans, and documents for public review and comments.


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The Enforcement Division carries out the police powers of Mariposa Planning in terms of investigating and preparing required actions related to violations of the General Plan, development permits, and zoning code provisions.

H. Development Services

Virtually all proposals to undertake any activities on private land in Mariposa County are regulated by the Development Services departments. These three departments—Building, Health, and Planning—are each independently managed but integrated by process. The Development Services departments work cooperatively to expedite project review and permit issuance as authorized by the Board of Supervisors.

I. Inter-Related Agencies

Obtaining permits in Mariposa County also involves cooperation and interaction with a series of County departments such as the Fire Department; Public Works Department, and its divisions; state agencies such as the Air Quality Control Board, California Department of Forestry, Central Valley Region/Water Quality Control Board, Mariposa Office of Education, Mariposa County Water Agency, California Department of Transportation, and California Department of Fish and Game; and for certain services in Foresta, El Portal, and Wawona, the services of Yosemite National Park. Involvement of the Mariposa County LAFCO, the Local Agency Formation Commission, may also be necessary, should a project necessitate the formation of a new special district, or a boundary change for an existing special district.

1.10 SPECIAL DISTRICTS A special district is a limited purpose governmental entity. There are two types of special districts: independent and dependent. Dependent districts are separate governmental entities that are managed by the Board of Supervisors sitting as the district’s board of directors. An independent special district is a separate governmental entity managed by an independently elected board of directors.

1.10.01 INDEPENDENT SPECIAL DISTRICTS

A. John C. Fremont Hospital District

The John C. Fremont Hospital District is a countywide independent district. Its five-member elected Board of Directors is independent of the County. The hospital operates a clinic, an extended care facility, inpatient beds, twenty-four-hour emergency trauma services, and a heliport for emergency air transportation.

B. Lake Don Pedro Community Services District

The Lake Don Pedro Community Services District is an independent entity that provides potable water for the Lake Don Pedro subdivision and environs and serves over 1,300 residents in northwest Mariposa County and southwest Tuolumne County. The district is chartered in Mariposa County and is governed by a five-member elected Board of Directors.


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C. Mariposa Public Utilities District

Mariposa Public Utility District is an independent special district providing water, sewer, and fire protection services within portions of the Mariposa Town Area. The independent district has a five-member elected Board of Directors. The District serves approximately 2,500 hookups in the Mariposa Town Area, although water and sewer services are provided to a smaller population of approximately 1,800 hookups.

D. Yosemite-Alpine Community Services District

The Yosemite Alpine Community Services District currently provides snow removal and water service to the 46 properties within the District, which includes a portion of the Fish Camp Town Planning Area. Road maintenance is provided to roads that fall within the District that are not County maintained. The District is governed by a five-member elected Board of Directors and has latent powers to provide sewage disposal, garbage collection, recreational facilities, street lighting, library facilities, street improvements and underground utilities, and other governmental services.

E. Mariposa County Resource Conservation District

The Mariposa County Resource Conservation District develops and administers programs of soil, water, and other natural resource conservation. The District provides advice and guidance to land owners on matters of grading, erosion control, and soil conservation. The District provides coordination of special programs for the benefit of all County residents, timber and agrarian interests, and environmental enhancement. The District is governed by an independent 7-member Board of Directors, appointed by the Mariposa County Board of Supervisors.

1.10.02 DEPENDENT SPECIAL DISTRICTS Dependent special districts are special districts that are managed by the Board of Supervisors as the Board of Directors. A dependent special district has its own funding sources and does not receive general fund monies from the County. The Board of Supervisors is actually serving as a separate board and not the Board of Supervisors when undertaking business for a dependent special district.

The County has the following dependent special districts.

• Coulterville Lighting District • County Service Area 1-M

o Don Pedro Sewer Zone o Coulterville Sewer and Water Zone o Mariposa Pines Sewer Zone

• Countywide Community Service Area No. 1 o Road Maintenance Zones of Benefit o Midpines Fire Equipment Zone

• Hornitos Lighting District • Mariposa Lighting District


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• Vehicle Parking District No. 1 o Mariposa

• County Service Area 2W o Wawona

• Yosemite West Maintenance District • Mariposa County Water Agency

A. Zones of Benefit

Zones of benefit are sub-districts within a special district in which a special service is delivered to a small group of property owners or residents. Typically in Mariposa County, zones of benefit have been used for road maintenance and improvements. In recent land division approvals, however, mandatory road maintenance associations have been preferred over the formation of zones of benefit.

B. Special Improvement Districts

Special improvement districts are similar to zones of benefit, but are created as defined district boundaries for limited purposes. Parking, sidewalks, and street lighting are examples of special improvement districts.

1.11 MARIPOSA COUNTY’S GOVERNMENT NEIGHBORS

1.11.01 YOSEMITE NATIONAL PARK Yosemite National Park, managed by the Department of Interior/National Park Service (NPS), has over 400,000 acres within Mariposa County containing five major activity centers: El Portal, Glacier Point, Mariposa Grove of Big Trees, Yosemite Village, and Wawona. Two other major activity centers—Crane Flat and Tuolumne Meadows—are within Tuolumne County. Other facilities, including the internationally renowned Ahwahnee and Wawona hotels, Curry Village, and Yosemite Lodge are within Mariposa County, as are its best known natural features—El Capitan, Half Dome, Yosemite Falls, Bridal Veil Fall, Vernal Fall, Nevada Fall, and Chilnualna Fall. Mariposa County shares jurisdictional authority and services with the National Park Service in El Portal, Foresta, and Wawona.

1.11.02 UNITED STATES FOREST SERVICE The United States Department of Agriculture/United States Forest Service (USFS) manages approximately 100,000 acres of two national forests in Mariposa County: Stanislaus National Forest and Sierra National Forest, which are divided by the Merced River. The County is within the Groveland Ranger District of the Stanislaus National Forest and the Mariposa-Minaret District of the Sierra National Forest.


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1.11.03 BUREAU OF LAND MANAGEMENT The United States Department of Interior Bureau of Land Management (BLM) manages several thousand acres of scattered holdings in the County. The lands are primarily along the Merced River and some of its tributaries, which include some mid-elevation grazing lands.

1.11.04 MADERA COUNTY Madera County (2006 population 144,396) adjoins Mariposa County along its entire south boundary. The unincorporated community of Oakhurst in eastern Madera County is a major regional shopping and employment area for southern Mariposans and is accessed by Highway 49, the Golden Chain Highway that terminates in Oakhurst. Paved access to Fish Camp and Wawona from the town of Mariposa passes through Madera County in Oakhurst and at Sugar Pine. Mariposa County’s principal connection to Fresno is through Madera County on Highway 41.

1.11.05 MERCED COUNTY Merced County (2006 population 246,751) adjoins most of the western boundary of Mariposa County. Residents of central and western Mariposa County tend to travel to Merced County for shopping and medical services. The University of California/Merced campus, located at Yosemite Lakes, is close in proximity to Mariposa County—six miles via the La Paloma Road right-of-way in Merced and Mariposa counties and approximately 25 minutes via Planada on Highway 140. Merced County is part of the joint powers authority for the Yosemite Area Regional Transit System.

1.11.06 MONO COUNTY Mono County (2006 population 13,597) does not physically adjoin Mariposa County. However, Mariposa and Mono counties share a number of cultural, geographic, political, economic, and transportation features. For example, Mono County is a member of the Yosemite Area Regional Transit District, and Mono and Mariposa County are both “frontier counties” with economic dependency on tourism.

1.11.07 STANISLAUS COUNTY A small portion of Stanislaus County (2006 population 514,370) adjoins Mariposa County to the northwest. Highway 132 connects northern Mariposa County into Stanislaus County to major shopping and medical facilities in Modesto. Mail service for the Lake Don Pedro Town Planning Area is from La Grange in Stanislaus County.

1.11.08 TUOLUMNE COUNTY Tuolumne County (2006 population 58,231) adjoins Mariposa along its northern and eastern boundaries. Mariposa and Tuolumne share Highway 120 access to the northern portions of Yosemite via Big Oak Flat. The Mariposa County community of Buck Meadows, and to some degree the community of Foresta, derive access from Tuolumne County. State Highway 132—which terminates in Coulterville—connects to Highway 120 via Junction 132 from Coulterville through Greeley Hill and into Tuolumne County.


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1.12.09 MERCED IRRIGATION DISTRICT The Merced Irrigation District, based in Merced, owns many of the surface water rights in Mariposa County’s segment of the Merced River and the County and District have contractual arrangements covering Merced River Water. The district operates the dams on Lakes McClure and McSwain, both in Mariposa County, and owns and leases out recreational facilities on Lake McClure.

1.12 EDUCATION IN MARIPOSA COUNTY

1.12.01 PRIMARY AND SECONDARY EDUCATION

A. Mariposa Unified School District

The Mariposa County Unified School District provides K-12 educational services for children in Mariposa County. The following elementary and middle schools are under the jurisdiction of the school district: Catheys Valley Elementary, Jessie B. Fremont School (Hornitos), Coulterville-Greeley Elementary, El Portal Elementary, Lake Don Pedro Elementary, Mariposa Elementary, Mariposa Middle School, Woodland Elementary, and Yosemite Valley School. The four district high schools are Coulterville High School, Mariposa County High School, Spring Hill School (Mariposa), and Yosemite Park High School (El Portal). Service needs are determined through monitoring housing development and home statistics.

Enrollment projections are made in February and facilities and staffing are adjusted accordingly at that time. District enrollment was 2,447 students at the beginning of the 2004–2005 academic year. Of the total enrollment, 1,593 students were enrolled in kindergarten through grade eight, and 854 students were enrolled in grades nine through 12. These enrollment figures do not include 44 students enrolled in alternative schools or programs through the Mariposa County Office of Education. The District has experienced a steady decrease in enrollment for the past 10 years.

B. Bass Lake Union School District

The Bass Lake Union School District is located in eastern Madera County. The District has elementary and intermediate schools. Mariposa County students of elementary school age from the Fish Camp and Wawona areas attend the Wawona Elementary School, a kindergarten through sixth grade school in the Bass Lake School District. Over the past decade, enrollment at Wawona Elementary School has varied from 15 to 21 students. Enrollment in 2004 was 16. The District estimates fewer than 10 other Mariposa County residents attend other schools in Madera County.

C. Private Schools

Several private schools and one charter school are situated within the County, but total enrollments are a very small percentage of the number of County students.


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D. Home Schooling

Several dozen children throughout the County are schooled at home under California regulations supporting home schooling. There is a home schooling organization in the County.

1.12.02 POST SECONDARY EDUCATION The County of Mariposa is not included in a community college district. Columbia Community College is located near Columbia State Park, approximately 45 minutes from Coulterville, Merced Community College is located approximately 45 minutes west of Catheys Valley, and Central California College is located in Fresno, approximately an hour south of the County. Merced College offers classes in Mariposa, and Central California College offers classes in Oakhurst.

California State University at Fresno is located in Fresno, approximately an hour south of Mariposa County. California State University at Stanislaus is located approximately 90 minutes north and west of the County. The University of California at Merced campus broke ground in 2002 and is now operating.

1.13 VOLUNTEERISM IN MARIPOSA COUNTY Many Mariposa County residents act as volunteers—and this commitment is a major component of County governance. The County has an amazing range of service clubs, nonprofit organizations, and church groups. Local businesses and industries give generously with donations, products, time, and participation for local groups’ fundraising. Mariposa County residents look out for each other and this “small-town” American character permeates the communities.


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22 IISSUES SSUES II MPORTANT MPORTANT TTO O MM ARIPOSA ARIPOSA CCOUNTY OUNTY CC ITIZENSITIZENS

pdating the General Plan achieves important objectives for Mariposa County. Differing in its approach from the 1981 General Plan, this Update identifies issues of importance and systematically creates strategies and implementation programs to address those issues.

This General Plan Update began with a comprehensive review of the underlying goals and policies foundation of the 1981 General Plan. The issues of importance in 1981 are still important today and they provide the foundation for Mariposa’s future.

2.1 THE GENERAL PLAN ISSUES • Economy

• Character

• Housing

These are the three primary issues driving the General Plan. Every goal, policy, and implementation measure affects all three interlinking issues. The General Plan’s objective is finding the balance that simultaneously ensures a thriving economy, safe and decent housing, and preservation of the County’s character.

This “economy” has been identified as a Public-County partnership in the General Plan. It involves more than economic development. The power to accomplish the General Plan comes from the community. The General Plan policies provide an environment in which the broader community can assist in creating opportunities for success. Economic policies evolve options and programs to systematically grow the County’s economic base while anticipating the opening of new markets. The long-term benefits of a healthy economic base include fiscal stability for the County, better paying jobs, and more career opportunities for residents. Different individuals and groups define Mariposa’s character differently. The General Plan defines rural character for the County holistically, while each area plan defines community character for the planned area. No single definition of rural or community character is defined for Mariposa County’s residents or communities. The essence of rural character in Mariposa County is the people, the volunteerism, and the commitment to the local community. Rural character ranges from those volunteering to be part of County government; to those who pick up litter along the roads; to people helping people, running errands, and watching the neighbor’s kids. While the General Plan does not define “rural character,” it does provide the policy tools that ensure that the County’s residents—whether living on a 5,000-acre ranch or a home in the Town of Mariposa—can continue to define and preserve local character for the next generation.

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Housing is an important issue for the County and as character and economy is defined, the ability to house the families of the future is of greater importance. Housing is imperative for the youth who wish to stay in the County; for those who ensure the County’s visitor-based economy can function; for young families to grow; and for those adding to the diversity of the economy. The economy cannot grow if appropriate housing is not provided. If the housing permitted to be developed is not appropriate for each community, the County’s character suffers. The General Plan defines housing issues and needs in Chapter 8—the Housing Element. The policies within the Housing Element do not dictate who builds the housing, they instead provide the opportunity to balance housing with the County’s economy and character.

2.2 ISSUES OF IMPORTANCE There were a series of important issues defined early in the public participation process. The General Plan identifies these to be issues of importance. These issues are similar to those identified in the 1981 General Plan. During the public participation process, it was found that the same issues remain important to the people of the County.

• Agricultural, Forest, Water, and Mineral Resources

• County Character

• County Heritage

• Economic Environment

• Growth and Development

• Housing

• Natural Environment

• Public and Community Services

• Recreational Opportunities

• Public Lands

• Social Environment

Each of these issues is addressed within the individual elements of the General Plan at the same policy level established with the creation of the 1981 General Plan.

2.3 OVERARCHING GENERAL PLAN ISSUES During the initiation period for the General Plan, between January 2001 and April 2001, many members of the public raised issues they wanted to have addressed within the Plan. Over a thousand comments were received creating more than 500 distinct issues. The Board of Supervisors interpreted, debated, and discussed each of the issues and consolidated the list to over 300. After reviewing each issue, the Board directed 176 to be included in the General Plan. Of the 176 issues for which the Board provided direction in the General Plan, most are incorporated into individual elements. However, a number of points do not fit into issue-oriented elements, but really drive the General Plan itself. These overarching issues are addressed in this chapter.


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2.3.01 COUNTY CHARACTER Issue: During the initial planning fairs and subsequent meetings with County

residents, the theme of defining and preserving the County’s rural character was heard repeatedly. This issue was described as the one overriding concern within the County.

It is the interaction of human and natural resources that defines the character of Mariposa County. That character reflects not only the values and lifestyles of current residents, but also the historical patterns of human settlement. This settlement occurred in communities such as the gold rush era towns of Coulterville, Hornitos, and Mariposa; those that have developed near, and serve, Yosemite National Park; and the smaller communities that have sprung-up along major transportation routes. In addition, Mariposa County’s character is greatly influenced by the natural environment, which ranges from gentle terrain and rolling foothills on the western edges of the County, to the foothills and intermountain valleys of its midsection, to the steep mountain and alpine terrain along the eastern edge of the County.

The character of the County will not be defined by a few words or phrases. The current collective vision of the County’s character is embedded in the General Plan’s policies and programs, as well as the public processes for preserving and keeping the vision alive.

2.3.02 FLEXIBILITY Issue: Mariposa governance is not suited to the strict application of a rigid set of

planning and development rules.

The General Plan must be and is flexible. Its flexibility is derived from the procedures for its administration and implementation by providing for a range of development options within the parameters of the Plan’s policies.

The General Plan provides choice. The General Plan is fair, efficient, and predictable and allows property owners and applicant’s choices. It permits one who is planning an investment in Mariposa’s future to understand the requirements of carrying out the investment. The Plan ensures disclosure of the County’s minimum acceptable objectives, defines maximum requirements as needed, and allows an individual to plan for the use of his or her property. The County welcomes new growth and development as long as it meets the flexible requirements of the General Plan.

2.3.03 THE GENERAL PLAN IS MANDATORY Issue: Public sentiment supports a General Plan in which well thought out goals and

polices are implemented to accomplish agreed upon Plan objectives.

The General Plan is designed to be implemented. The Board of Supervisors has not incorporated policy programs within the General Plan that the Board feels have not been confirmed in discussions with the public and that the Board does not intend on implementing. The terms “shall” and “should” are carefully used within the General Plan.


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2.3.04 CARING FOR THE LAND Issue: During public discussions, it was clear that both residents and visitors value the

County’s varied landscape greatly. With character and economy central to the General Plan, policies ensuring stewardship of the land are necessary.

Both the County’s character and economy fundamentally depend on the land—air, water, soil, and physical and ecological processes that together sustain the County’s human, plant, and animal communities. Therefore, land stewardship is the basis of conservation and development. Accepted practices of stewardship vary among using the land in different ways. Whether these are agriculture uses, timber harvesting, mining, wildlife habitat protection, or recreation use, stewardship is the watchword for land use and protection.

2.3.05 DECISION-MAKING AND NEIGHBORING PROPERTIES Issue: County landowners and residents seek assurances that the use of a neighbor’s

property will be compatible with the health, safety, welfare, and preservation of property values, the economy, and County’s character. Therefore, facilitating land development and land use must balance a property owner’s right of reasonable use and the impact of that use on neighboring property owners.

“Balance,” “options,” and “opportunities”—these words appear throughout the General Plan. The Plan defines a property owner’s rights and responsibilities and provides a policy framework allowing neighbors and others to understand the objectives of how property owners and residents can use their land. General Plan policies also establish a series of thresholds below which neighbors are assured of development acceptability. When these thresholds are crossed, neighbors become participants in the decision-making process.

2.3.06 GENERAL PLAN DEVELOPMENT SHOULD BE COMMUNITY, NOT STAFF, DRIVEN

Issue: A certain level of distrust of planning professionals or outside consultants’ ability to understand community needs was apparent from the beginning of the General Plan process. This prompted some to ask the County not to let planning Staff prepare the General Plan, but to instead allow the residents in each area of the County to write the Plan.

The General Plan is a complex mix of policies, some of which are intended to guide the County as a whole, while others are for planning in certain local areas. There are many different general plan preparation options. Some jurisdictions utilize Planning Advisory Committees to prepare the preliminary version of the Plan; however, others minimally involve the public in the preparation process. The citizens of Mariposa County have had, and will continue to have, a very active role in the development of this General Plan .

The General Plan addresses issues mandated by the State and those that are of countywide interest. Citizen input on the countywide issues was critical. The Board of Supervisors defined clear objectives for Staff based on input from, and on behalf of, countywide constituents. The Planning Commission provided clear policy direction to Staff for assembling the planning policy and implementation tools for the Update. Although the


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Planning Commission Draft of the General Plan Update reflects Staff-generated proposals for consideration, its course was set by decisive Board leadership and was refined by public input to the Planning Commission during its deliberations.

During Planning Commission deliberation and development of the Draft General Plan, extensive public participation and review resulted in extensive rewriting—removal of some features, inclusion of others, and further clarification of many ideas—reflecting what the Commission heard from citizens, as well as the initial direction from the Board of Supervisors. Additionally, the Board of Supervisors’ held a series of public involvement activities to review the Planning Commission’s Draft to ensure that the Final General Plan truly reflected broad community objectives and goals. The Mariposa County General Plan Update provides unique opportunities for the development or amendment of sixteen area plans. Each of the four currently adopted area plans addresses issues of importance specific to local communities that were written by a local Planning Advisory Committee.

2.3.07 GENERAL PLAN PROGRAM ENFORCEMENT Issue: A frequent comment heard from the public to explain why the 1981 General

Plan did not accomplish all that it could have was that policies were sometimes not implemented. Clearly, to be effective, General Plan programs must be carried out.

The General Plan is not a regulatory document, so it is not “enforced” as a zoning ordinance is enforced. The Plan is a policy document, and its enforcement is implemented through project review, guiding development of new ordinances, and changes in operational policy. The Plan includes mandatory implementation measures. The key to “enforcing” the Plan’s objectives is to include only those policy programs the County is committed to carry out. When necessary, there will be enforcement of General Plan implementation measures. The County will ensure that this is done by appropriately trained professionals.

2.3.08 ENHANCING MARIPOSA COUNTY’S WAY OF LIFE Issue: Citizens were clear that the quality of life in Mariposa County is something

precious that needs to not only be “maintained,” but must be nurtured and enhanced as well.

Quality of life, or the way of rural life, in Mariposa County is a major component of “character” in the General Plan. The entire General Plan—its policies, processes, and implementation programs—is designed to define, nurture, and enhance the quality of life in the County.

2.3.09 EFFECTIVE AND EFFICIENT APPLICATION PROCESSING

Issue: Obtaining permits and approvals requiring Planning Commission action takes a significant amount of time and the amount of time is extended when an appeal is made to the Board of Supervisors.


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The General Plan provides policy direction allowing the permitting and approval process to become a more effective and efficient system. The idea of permit streamlining is not to bypass legally required processes, but to establish clear, well-defined procedures and objective standards that are understandable. When procedures are followed and projects meet standards, application processing is less complex and costly.

2.3.10 RAISING HOUSEHOLD INCOME IN MARIPOSA COUNTY

Issue: Mariposa County’s median household income is below the State’s and region’s median household income. The Community desires to raise the median income level.

The County’s lower household median income reflects the large number of seasonal workers. However, the number of lower wage jobs in the County also affects the County’s median household income. State data from 1999 identified County median household income as approximately $25,000, equal to two family members earning a minimum wage. Although higher, the Census 2000 median household income of $34,626 still creates significant concern about the need to raise area wages.

The General Plan recognizes that the County’s tourism base will continue to rely on seasonal and low paying jobs, which have minimal career ladder opportunities. The General Plan proposes economic diversification as part of the solution. Public-private sector partnerships providing housing and other programs to offset inherently low wages is an option being explored. Further discussion of this important issue and a comprehensive economic development strategy are included in the Economic Development Element (Chapter 6).

2.3.11 MARIPOSA COUNTY NOT MATCHING THE STATE GROWTH RATE

Issue: For some time, Mariposa County’s population growth rate has been slower than the statewide average. Several factors, including continuing economic expansion and the high cost or lack of developable land in and around many thriving urban areas, are creating unprecedented growth pressure and opportunities for development in Mariposa County. Community comments question whether or not Mariposa County should take advantages of these growth opportunities, and if so, how best to do it.

Over the past five years on an annual basis, Mariposa County averaged a one percent growth rate, a rate significantly less than Nevada, El Dorado, and Placer counties. According to the U.S. Census Bureau, Mariposa’s population in 2000 was 17,130. Since 2000, the California Department of Finance (DOF) estimates that Mariposa’s population has increased by 1,086; estimating a January 1, 2006 population of 18,216. Since the 1960s, foothill growth has been spurred by its “related” growth of valley cities such as Sacramento, Modesto, and Fresno. Other foothill counties have experienced jumps in property values, increased population, and changes in the local economy.

The General Plan’s assessment of this issue is that, without undermining Mariposa’s character, the County has limited potential for population growth, in particular, the type of


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growth called suburbanization. In order not to undermine the County’s character, growth must occur primarily in modest scale developments focused on the three areas already providing some level of infrastructure and services: Coulterville, Lake Don Pedro, and the Town of Mariposa. Under reasonable assumptions, the policies of the Plan reflect a capacity to support a population of approximately 28,000 persons. Modest and small-scale developments are consistent with the County’s character and maintain the necessary balance of character, economic development, and housing.

2.3.12 MEETING CHANGING POPULATION NEEDS Issue: As in the past, people moving to Mariposa County will likely want more and

different types of services than those currently available. Can the County welcome these new people and meet their expectations while maintaining the General Plan’s integrity?

The General Plan provides definitions, policies, and programs to balance the County’s economy, character, and housing. The Plan’s programs are specifically designed to protect and enhance current values and resolve issues of importance, while taking advantage of the opportunities for growth and development that will occur during the life of the General Plan. This defines the manner in which the County meets the changing and diversified needs of existing and future residents.

2.3.13 UNDERSTANDABLE REQUIREMENTS AND PREDICTABLE OUTCOMES

Issue: Developers expressed concern that before submitting a project application they are often not sure of the County’s development standards or whether they will be able to achieve desired results on their property. It is imperative that when new development proposals are submitted, the applicant must be aware of the procedural and substantive requirements of the County’s planning processes.

The General Plan establishes parameters that will guide development into the future. These parameters build the “box” within which development must “fit,” ensuring the Plan’s policies create a fair, efficient, and predictable environment for applicants. Clearly defining County expectations in the General Plan results in understandable development regulations.

2.3.14 PRIVATE PROPERTY RIGHTS IN THE GENERAL PLAN Issue: Mariposa County has traditionally been a “property rights” county. How can

the Plan accomplish its goals and respect this history?

The entire structure of the General Plan creates a due process. Through this process, a property owner is able to responsibly use property.

The right to hold and use property comes with responsibilities. Mariposa County recognizes and promotes a property owner’s right to use the development processes in the General Plan to responsibly achieve the “highest and best use” of his or her land, balanced with the same rights applied to neighboring property owners and other residents and visitors of the County.


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Together, the elements of the General Plan define the “highest and best use” of lands as that balance of competing issues.

2.3.15 PROVIDING KNOWLEDGE AND SUPPORT TO COUNTY CITIZENS FOR USING THE GENERAL PLAN

Issue: The General Plan Update changes the way the General Plan works and how citizens and communities can use the Plan. The County must provide convenient access to the General Plan and support its citizens in their efforts to understand and use the Plan.

The General Plan, combined with the responsibilities of the Planning Agency and the processes of the Planning Commission and the Board of Supervisors, serves as a development constitution.

The responsibility of the Mariposa County Planning Staff is to meet with community members and groups to help citizens understand and effectively use the General Plan. Participation in Planning Commission and Board of Supervisors’ meetings is a means for citizens to affect County government decisions. Together, these provide citizens many opportunities to learn about and understand County policies and procedures and how and why they change from one generation to the next.

The Planning Commission should be a leader in the ongoing effort to inform the public about the General Plan. The Commission must continuously reach out to the Planning Advisory Committees, and the community at large, to ensure increasing understanding of how the General Plan works and how it represents the changing needs of the County. Perhaps most important, this outreach demonstrates how the public can be participants in County decision-making.

2.3.16 MARIPOSA COUNTY’S RELATIONSHIP TO THE UNIVERSITY OF CALIFORNIA AT MERCED

Issue: The new University of California campus at Merced has the potential to significantly affect the growth and development of the County. How can the General Plan address and use this relationship to its best advantage?

One of the most challenging aspects of preparing the General Plan is assessing the benefits and impacts of the University of California at Merced campus. UC Merced has opened during the short-term planning period, slow growth through the intermediate term planning period, and achieving full growth with a full-time-equivalent enrollment of over 20,000 students by the end of the long-term planning period. With a projected staff and faculty of over 6,000 and spin-off employment topping 12,000, many families and individuals likely will appreciate the character of Mariposa County and seek housing in the County. The General Plan anticipates approximately five percent of the University-generated area residents will live in Mariposa County.


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2.3.17 USE OF PUBLIC LANDS Issue: The National Park Service, Bureau of Land Management, United States Forest

Service, and Merced Irrigation District control over half of the land in Mariposa County and affect the land use and population holding capacity. How can the General Plan help the County protect its interests when dealing with these agencies?

Of the County’s approximately one million acres of land area, 550,000 are in public ownership. These public lands are an integral part of the County’s rural character and its economy. The use of these lands affects the County’s housing, character, and economy. Thus, Mariposa County is greatly affected by the decisions of public land management agencies. To a lesser, but still important degree, the actions of Mariposa County can affect the management of public lands and their uses. Clearly, there is interdependence between the functioning of these levels of government in Mariposa County and a need to work together to identify and achieve mutual and respective interests.

The General Plan embraces policies intended to establish collaborative working relationships with other agencies responsible for managing land in Mariposa County. The Plan supports responsible protection and multiple use of public lands constrained only by the needs of reasonable stewardship, recognizing the varied missions and management objectives of the different agencies.

2.4 OBJECTIVES FOR THE GENERAL PLAN This General Plan will diversify the County’s economy by providing safe, decent housing, while maintaining the rural character. The General Plan was spurred by recognition and a desire for the County to improve its systems for serving its constituency during the development process. In the 1981 General Plan, overall goals for the Plan were identified, but implementation was not as effective as desired. The objective of the General Plan is to meet community needs for all constituencies. Therefore, General Plan goals and policies shall:

• result in programs which coordinate and integrate decision-making, thereby providing a fair, efficient, and predictable permitting process;

• provide the parameters to meet the decision-making needs of project-specific challenges and opportunities; and

• define the growth potential for Mariposa County, its direction and its character.

General Plan implementation measures shall:

• create opportunities for citizen participation in the County decision process;

• ensure project review is based on merits and completed in a timely manner;

• provide project applicants with options and choices;

• identify lands for commerce and industry to accommodate the business sector of the County;


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• provide adequate guidance so a property owner or project applicant can find sites, when available, for a proposed project conforming to County requirements; and

• consider the highest and best use as viewed in relation to the values of the community.


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33 GGUIDING UIDING PP RINCIPLES OF THE RINCIPLES OF THE BB OARD OF OARD OF SSUPERVISORSUPERVISORS

he General Plan is structured in layers. At the top level are the guiding principles. Guiding principles define the high-level direction of the Board of Supervisors for the entire General Plan. Woven together, the guiding principles provide the fabric from which the goals, policies, and implementation measures are developed, which address the issues of importance raised by Mariposa County citizens in conformance with the

General Plan’s fundamental philosophy.

3.1 GUIDING PRINCIPLES By consensus, the Board of Supervisors has agreed to base the General Plan’s development on the following guiding principles.

• We Are One County

• This Update is Built on the 1981 General Plan’s Foundation

• Mariposa County Economy is a Partnership

• Implementation Tools are Consistent with the General Plan and Area Plans

• The General Plan Provides for Flexible Implementation

• Development Focus is Area-Centered

• Establish Clear Approval Standards

• Nexus Between Project Conditions and Impacts

• The Protection of Agriculture is Critical for the County’s Future

• Home Ownership is a Priority

• Sustainable and Diverse Economy

• Connectivity

• Plan for and Ensure the Delivery of Infrastructure

• Access to the General Plan

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3.1.01 WE ARE ONE COUNTY The General Plan embodies unified countywide policy. Mariposa County comprises diverse communities and regions, each with a unique identity. There are issues more pertinent to one region or community than others. Unique area issues are addressed in community or area plans within Volume 2 of the Plan.

Even more, the diverse regions, communities, and organizations all depend on each other in various ways. Although implementation may be based on particular needs, overall General Plan policy is based on countywide direction. This guiding principle cements the three primary issues of economy, character, and housing as applicable countywide, and supports policies balancing the location of commercial and residential development throughout the County, while allowing area plans to address local issues.

3.1.02 THIS UPDATE IS BUILT ON THE 1981 GENERAL PLAN’S FOUNDATION

The long-established fundamental policies of Mariposa County reflected in the 1981 General Plan are the foundation for the General Plan Update.

This guiding principle enables the use of policies from the 1981 General Plan as the source for policies within this General Plan .

3.1.03 MARIPOSA COUNTY ECONOMY IS A PARTNERSHIP Accomplishing economic diversity requires a partnership among the private sector, the County, other governmental entities, community based organizations, and the public at large. The County has limited resources to invest. These resources must be sustained through investments by the community at large if the actions are to provide a return to residents, businesses, and institutions of the County. The General Plan provides a fundamental approach to enhancing and diversifying the economic base, which is more successful when multiple interest groups participate.

These guiding principles result in the County increasing its role as a catalyst in the local economy. The intent is not for the County to tell business how to operate, but to leverage its unique abilities to help local business grow and thrive.

3.2.04 IMPLEMENTATION TOOLS ARE CONSISTENT WITH THE GENERAL PLAN AND AREA PLANS

There are many tools for implementing the General Plan. Zoning and subdivision ordinances are two such tools, while design review and historic preservation guidelines are other tools. These tools, however, serve the needs of the County at large. For more focused development, a specific plan is the best tool. Specific plans are not area plans. The specific plan is required by State law to be consistent with the General Plan. The role of a specific plan is to provide an opportunity for a project developer to obtain a vested entitlement to proceed with a project over a number of years. Specific plans, depending on where the subject property is located,


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connect to the General Plan for lands outside of planning areas, or to the appropriate town plan, community plan, or specific plan when located within a planning area.

This guiding principle enables the conversion of specific plans into area plans and ensures that future specific plans maintain integrity of the community-initiated area plans.

3.2.05 THE GENERAL PLAN PROVIDES FOR FLEXIBLE IMPLEMENTATION

The General Plan provides clear direction through goals and policies. Implementation measures allow flexibility in determining how a proposal meets the goals and policies, providing property owners with choices when planning development proposals.

This guiding principle enables the General Plan to provide options allowing property owners a range of options to achieve Plan implementation objectives.

3.2.06 DEVELOPMENT FOCUS IS AREA-CENTERED The General Plan establishes planning areas that are managed through adoption of “area plans.” These consist of town planning areas, community planning areas, and special plan areas. These areas are the focus for diverse activities. Addressing local policy needs and direction within area plans provide opportunities for local citizens to ensure that policy direction unique to each planning area is incorporated into the County’s general planning process.

This guiding principle enables the extensive use of area plans and the concept of concentric development.

3.2.07 ESTABLISH CLEAR APPROVAL STANDARDS The General Plan provides clear parameters for approvable projects. Prior to spending any funds on a project application, the proponents can clearly understand the rules and standards that will be applied.

This guiding principle requires any development standards contained in the General Plan be clearly defined ensuring consistent interpretation.

3.2.08 NEXUS BETWEEN PROJECT CONDITIONS AND IMPACTS

The requirements imposed on a project or proposal shall relate to and be proportional to its impacts.

This guiding principle limits the extent of implementing ordinances to ensure development standards and other regulatory requirements do not overburden proposed projects.


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3.2.09 THE PROTECTION OF AGRICULTURE IS CRITICAL FOR THE COUNTY’S FUTURE

Strong policies are established in the General Plan to protect and preserve agriculture for Mariposa County’s future. Agriculture contributes to the County’s economic and social sustainability and is a major aspect of the County’s rural character.

This guiding principle establishes the framework for policies established in the Land Use and Agriculture elements.

3.2.10 HOME OWNERSHIP IS A PRIORITY In balance with its diverse housing needs, active programs to open the door to first time homebuyers are essential to the County’s social and economic well-being. This crucial principle weaves families into the community fabric and rural character of Mariposa County.

This guiding principle enables the General Plan to incorporate programs designed to actively help County residents become homeowners for the first time. It directs the County’s efforts and involvement in housing to be centered on creating ownership opportunities.

3.2.11 SUSTAINABLE AND DIVERSE ECONOMY The General Plan capitalizes upon and nurtures the County’s unique and diverse human, natural, and physical resources to achieve a sustainable, diverse, and robust economy.

This guiding principle further reinforces the ability of the County to leverage its unique capabilities as a partner improving the local economy.

3.2.12 CONNECTIVITY Mariposa County is connected politically, socially, and economically with other governments, businesses, industries, and organizations in the region. The General Plan focuses on partnerships to seize technological, physical, and organizational opportunities to enhance Mariposa’s connection to the nation and the world. Connectivity can be strengthened with partnerships formed for mutual success.

This guiding principle enables the County to take a leadership role in seeking infrastructure improvements for the County from both the public and private sectors.

3.2.13 PLAN FOR AND ENSURE THE DELIVERY OF INFRASTRUCTURE

Supporting Mariposa’s economy, character, and housing, the County must take responsibility to determine the appropriate levels of service, the areas where infrastructure is to be provided, when service levels will be achieved, and how they will be funded. The General Plan requires that potable water, sewage disposal, and fire safe road access be available to the property consistent with State and County regulations.


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The Mariposa County Capital Improvement Program managed by the County Administrative Officer is the key tool for ensuring the delivery of infrastructure. The County is preparing the Capital Improvement Program and Development Impact Fee Program, scheduled for adoption in 2007 after the General Plan adoption.

This guiding principle requires the General Plan to provide standards for infrastructure in compliance with California law, and ensures that the adopted infrastructure standards will be implemented in order to serve future development.

3.2.14 ACCESS TO THE GENERAL PLAN Ensuring the General Plan goals are achieved requires understanding of the process and the implications of the Plan. It is therefore recommended that the County maintain public involvement programs to ensure the policies and requirements of the Plan reflect community values.

This guiding principle enables the County to maintain programs of community involvement as an ongoing part of the General Plan’s evolution. This principle sets the foundation for Planning Advisory Committees.


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44 GGENERAL ENERAL PPLAN LAN AADMINDMINISTRATION ISTRATION

his Chapter of the General Plan incorporates goals, policies, and implementation measures related to interpreting the Plan, interim administration until implementing ordinances are adopted, legally existing-nonconforming land uses and structures, and General Plan amendments.

The General Plan is the prevailing document defining County planning policy. The Board of Supervisors’ implementation of ordinances, regulations, or policies should be based upon and consistent with the General Plan. Interpreting General Plan policy is, therefore, of paramount importance. Provisions for amending and updating the General Plan will be developed so that as conditions change, the Plan will continue to reflect the vision of the County. Because the General Plan provides for the preparation and adoption of area plans to guide development in the County’s communities, there must be interim provisions for administering the General Plan in these areas until area plans are adopted. These issues are defined and addressed in this Chapter as follows:

• interpretation of General Plan provisions,

• review and update of the General Plan,

• amending the General Plan,

• interim administration of the General Plan, and

• General Plan implementation.

4.1 INTERPRETATION OF GENERAL PLAN PROVISIONS The General Plan is based upon the guiding principles of the Board of Supervisors. This means the General Plan and its elements comprise an integrated, consistent, and compatible statement of policies for the County of Mariposa. Every project is subject to review against the measures in the Plan. Variances are permitted from the standards of a zoning code only when specific statutory requirements are satisfied.

There are situations where interpretation may be needed. The General Plan’s text and glossary are written to ensure maximum clarity. However, occasional ambiguities are inevitable. Chapter 2.50 of the Mariposa County Code provides a process to resolve any issues.

4.1.01 INTERPRETING MAPS Parcels which are 40 acres or a legal quarter quarter section in size or less shall be assigned one land use designation. Parcels which are greater than 40 acres or a legal quarter quarter section in size may be assigned more than one land use designation.

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4.1.02 FINAL ARBITER The Board of Supervisors is the body hearing appeals for General Plan interpretation issues. While other appeals may go through the Planning Commission before Board hearing, the General Plan is the Board’s policy document and therefore the Board is the final arbiter.

4.1.03 COMPLIANCE WITH FEDERAL AND STATE LAWS The County of Mariposa complies with federal and state laws and regulations as amended. Because federal and state laws change, they are not incorporated into the General Plan. A summary of key federal and state regulations that are implemented by the County of Mariposa follow:

Air Quality

• Federal Clean Air Act as amended in 1990 – Establishes the overall national framework and regulation for attainment and maintenance of air quality standards, including the promulgation of federal air quality standards and setting requirements for air quality planning.

• State of California Air Pollution Control Laws (also known as the “Blue Book”) - This publication is updated annually and compiles air pollution control laws from various State of California legal codes. The California Air Resources Board (ARB) also establishes statewide Ambient Air Quality Standards for criteria air pollutants, and requires the preparation of air quality plans under the California Air Quality Act.

• Mariposa County Air Pollution Control District (APCD) Rules and Regulations – The most applicable regulations for General Plan implementation include those for the control of nuisance emissions (Regulation II), open burning (Regulation III), authority to construct stationary sources and permits to operate (Regulations IV and V), and air quality zoning (Regulation VIII).

Biological resources

• Federal Endangered Species Act of 1973 (FESA) – Provides for the protection of federally listed threatened and endangered plant and animal species.

• California Endangered Species Act (CESA) California Fish and Game (CDFG) Code Sections 2050-2098 – Provides for the protection of state-listed threatened and endangered plant and animal species.

• California Native Plant Protection Act (Fish and Game Code Sections 1900-1913) – Also known as the California Native Plant Protection Policy, provides for the protection of rare and endangered plants in the state.

• Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 CFR 10.13), Federal Eagle Protection Act, and California Department of Fish and Game Code Sections 3503, 3503.5, and 3513) – Provides for protection of nongame native birds including raptors, and their active nests. The Eagle Protection Act provides additional protection for Bald Eagles and Golden Eagles.


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• California Oak Woodlands Conservation Act – Provides local jurisdictions assistance in protecting and enhancing oak woodland resources through the California Oak Woodlands Conservation Program.

Water Quality

• Federal Clean Water Act (CWA) 40 CFR 404(b)(1) – Provides for protection of wetlands and jurisdictional waters (Waters of the United States).

• Water Quality Order 99-08-DWQ – National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) for projects which disturb 1 or more acres or soil or those that disturb less than 1 acre but are part of a larger plan.

• State Water Resources Control Board, Central Valley Region – This state agency establishes beneficial uses for surface water and water quality standards, including wastewater treatment requirements.

History

• National Register of Historic Places (Authorized under National Resources Preservation Act of 1966) and California Register of Historic Places (Public Resources Code [PRC] Section 5024.1) – Provides for listing and preservation of historic places that meet specific criteria.

• Protection of Archaeological Resources PRC (21083.2) provides for protection of archaeological resources under CEQA.

• Protection of Paleontological Resources (PRC 5097.5) – Prohibits the excavation or removal of any “vertebrate paleontological site or any other archaeological, palenotological or historical feature situated on public lands except with the express permission of the public agency having jurisdiction over such lands.”

• Native American Graves Protection and Repatriation Act (NAGPRA) (43 CFR Part 10) – Provides for the protection of Native American graves and cultural items.

Geology

• Alquist-Priolo Earthquake Fault Zones Act of 1972 – Provides for disclosure of earthquake fault hazards and prohibits new construction in earthquake zones unless a comprehensive geologic study determines that there would be no structural hazard.

• California Division of Mines and Geology Guidelines (1997, Chapter 4) – Provides guidance to local agencies to protect against earth hazards through the publication of geologic hazard maps and guidance for the prevention of earthquake and earthquake-induced hazards such as landslides and soil liquefaction.


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Agriculture

• Williamson Land Conservation Act (California Government Code Title 5 Division 1 Part 1 Chapter 7)– Provides for the protection of agricultural lands through a contract mechanism with the County to continue agricultural use of prime lands.

Housing and Building

• California Resources Code Section 65852.1 – zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed for the sole occupancy of one adult or two adult persons 62 years or older.

• Universal Building Code (1997) with California Amendments (1998) – Sets building code requirements for structures

4.1.04 CONFLICTS BETWEEN ADOPTED COUNTY CODES AND THE UPDATED GENERAL PLAN

Mariposa County codes, policies, regulations, and ordinances were adopted over a quarter century period prior to this General Plan . The General Plan is the written policy of the Board of Supervisors. It is known and understood that inconsistencies exist between prior practice, existing ordinances, and the policies of the General Plan . Under California law, the updated General Plan is the prevailing document.

4.2 REVIEW AND UPDATE OF THE GENERAL PLAN

4.2.01 ANNUAL REVIEW California law requires a report on the implementation of the General Plan be sent to the Board of Supervisors each year. The first step in this process is for the Planning Director to report to the Planning Commission early in each calendar year; following the Commission’s review of the report, their recommendations and comments are sent to the Board of Supervisors. The Board of Supervisors then reviews the report and the Planning Commission’s comments and recommendations. This annual review process apprises the Board of implementation measures requiring action during the short-term planning period, keeping on schedule to carry out time-specific Plan requirements. The process may provide opportunities for comments and recommendations from the public during Planning Commission and Board of Supervisors’ review.

4.2.02 FIVE YEAR UPDATE The General Plan is organized into three planning periods: short-, intermediate-, and long-term. At the five-year increment, the Plan is updated by moving intermediate-term implementation measures to the new short-term period and adding new implementation measures where appropriate. Long-term implementation measures are either prioritized into the intermediate-term planning period or remain long-term goals of the County. With regular review to determine if updates are needed and the potential for updates up to four times a year , it is possible that future comprehensive updates of the General Plan may not be required.


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4.2.03 THE 20-YEAR REWRITE Although carrying out the process for annual review and five-year updates will maintain the General Plan’s function in defining the current policy directions for the County, there is also a need to periodically step back and take a longer view of what the County has achieved and what opportunities and challenges it may face in the future. The 20-year rewrite of the General Plan is a means for the County and its residents to engage in a process of looking ahead to the long-term and validating the County’s vision of its future. As indicated in the discussion of the five-year updates above, the 20-year rewrite need not be an extensive process. The focus of the rewrite should be on engaging the County’s residents in reviewing what has been accomplished over the previous 20 years and to determine what the overall vision should be for the County’s next 20 years.

4.3 AMENDING THE GENERAL PLAN California law permits General Plan amendments four times each calendar year. The Mariposa County General Plan may be amended by private application three times each year. The fourth amendment is held for use by the Board of Supervisors during the Annual Review. The Plan is policy driven. This means that General Plan amendments must conform to policy standards and requirements within the Plan.

Amending the General Plan is a policy-based process, rather than a zoning process. The General Plan, initially adopted in 1981, functioned as a zoning plan. Its map mirrored the zoning map, its policies mirrored Title 17, Mariposa County Code, Zoning. Almost every zoning action required a General Plan Amendment, creating a patchwork of land use classifications without long-range objectives.

The General Plan is policy based. The land use classifications are purposely broad and embrace a menu of zoning districts. Zone changes within the menu of consistent zones for a land use classification are feasible without a General Plan amendment. However, to change into a different land use classification requires a property owner or applicant to demonstrate conditions have changed relative to the subject property substantiating findings necessary to approve an amendment. Also, all land use classifications include “criteria for inclusion” for lands to be added to the classification. This requires a property owner to demonstrate how his or her property meets the requirements for inclusion in the new land use classification. Applications to change from one land use classification to another must be found consistent with both of these policies of the General Plan.

An applicant must demonstrate there is a reason to warrant the proposed change and that the land meets the criteria for inclusion in the new land use classification.

4.4 INTERIM ADMINISTRATION OF THE GENERAL PLAN Under the General Plan certain areas of the County are designated as a “planning area,” which identify “towns,” “communities,” and “special” planning areas. Within these planning areas, the General Plan provides that area plans are to be adopted to meet the needs of each town, community, or uniquely identified special area. For Mariposa, Coulterville, Fish Camp and Wawona, the town planning area (TPA) designation remains the same as existed in the 1981 General Plan. Each of these communities currently has adopted “town planning area


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specific plans.” These plans will remain in effect and are incorporated into Volume II of the General Plan, though modifications or updates may be necessary to address new lands added to the communities or new policies. For Mariposa and Coulterville, these area plans change from “specific plan” to “area plan”. For Fish Camp and Wawona, the name of the plan will remain “town planning area specific plan”.

Area plans have not been adopted for the other designated planning areas, these areas are designated Planning Study Areas on the Land Use Diagram. Therefore, the General Plan must provide interim regulations for the Planning Study Areas until area plans are adopted. Section 5.3.01 in the Land Use Element provides interim regulations for these areas.

4.5 GENERAL PLAN IMPLEMENTATION Goal 4-1: The General Plan is to be the prevailing document defining the

Board of Supervisors’ Planning policy for the County of Mariposa.

Policy 4-1a: Interpreting Board of Supervisors’ policy in the General Plan shall follow the direction of the guiding principles.

Implementation Measure 4-1a(1): Conformance with guiding principles is to be used as the foundation for interpreting General Plan goals, policies, and implementation measures. Timing: Ongoing review standard Responsibility: Mariposa Planning. Fiscal Impact: Ongoing program. Consequences: Improved planning processes.

Implementation Measure 4-1a(2): When a conflict exists between the General Plan and an enacted ordinance, regulation, or a policy of the Board of Supervisors, the General Plan shall be the prevailing language. Timing: Ongoing review standard Responsibility: All County Departments. Fiscal Impact: Ongoing program. Consequences: Conflict resolution.

Policy 4-1b: Interpretation of the Plan is the responsibility of the Planning Agency of the County of Mariposa.

Implementation Measure 4-1b(1): The Planning Agency of Mariposa County is authorized to utilize appropriate judgment in determining the meaning of General Plan policy. Timing: Ongoing Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing program. Consequences: This implements existing provisions of Mariposa County

Code Chapter 2.50.


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Implementation Measure 4-1b(2): The Director of Public Works shall be the County official empowered to define road systems consistent with current and future transportation patterns as needed for implementation of the General Plan. Timing: Ongoing Responsibility: Department of Public Works. Fiscal Impact: Ongoing program. Consequences: This makes no change in current policy.

Goal 4-2: The General Plan is to be reviewed and updated on a regularly scheduled basis.

Policy 4-2a: Maintaining a regularly updated Plan ensures its ongoing use in the decision-making process.

Implementation Measure 4-2a(1): Mariposa Planning shall review and recommend changes to the General Plan as a part of its annual report on Planning in the County of Mariposa. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: The Planning Department becomes the catch-point for

amendments to the General Plan and is responsible for reporting the needs for change to the Board of Supervisors.

Implementation Measure 4-2a(2): Mariposa County’s Capital Improvement Program (CIP) shall be consistent with the General Plan. Timing: Short-term Responsibility: County Administrative Officer. Fiscal Impact: Adds time and long-range planning to the capital

improvement process. Consequences: Capital Improvement Program – General Plan consistency.

Goal 4-3: General Plan amendments are to be regularly scheduled to better serve constituents.

Policy 4-3a: General Plan amendments shall be scheduled on a regular basis every year.

Implementation Measure 4-3a(1): The Mariposa County Planning Department will report to the Board of Supervisors on the need for General Plan amendments at the beginning of each year. The Board of Supervisors will schedule a meeting to consider, as appropriate, General Plan amendments hearing dates for the public and general use. Per state law, the Board of Supervisors can amend the General Plan no more than four times per year. Timing: Short-term Responsibility: Board of Supervisors and Mariposa County Planning

Department. Fiscal Impact: None. Consequences: Enhanced General Plan review.


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Implementation Measure 4-3a(2): The fourth General Plan amendment hearing shall be held for the use of the Board of Supervisors to adopt updates and modifications to the General Plan as generated by the Annual Review. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: Ensures the Board of Supervisors always has an

amendment period for its own use to comply with requirements to update and amend the General Plan.

Goal 4-4: Mariposa County should not enforce, unless required to do so by law, third party land use conditions and regulations.

Policy 4-4a: In implementing General Plan land use requirements the County may deem the failure to respond by any state or federal agency as “no comment,” unless otherwise required by law or as necessary to protect public health and safety.

Implementation Measure 4-4a(1): The Board of Supervisors will develop a resolution to implement the policy regarding third party agency responses. Timing: Short-term Responsibility: Mariposa County Counsel and Mariposa County Planning

Department. Fiscal Impact: Minimal staff time to develop resolution and schedule for

Board of Supervisors’ action. Consequences: Creates formal County policy.


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55 LLAND AND UUSESE

he Land Use Element identifies issues and defines policies associated with using land and the location of land uses in Mariposa County.

5.1 LAND USE ISSUES AND FINDINGS The Land Use Element incorporates implementation programs that resolve issues identified in the General Plan. Some of these implementation programs overlap other element boundaries and are implemented through other elements’ programs. The following are key issues of the Land Use Element.

• Rural Character

• Growth

• Land Use and Transportation Linkage

• Economic Opportunity

• Agriculture

• Natural Resources

• Public Facilities

• Collaborative planning

• Five-Acre Density and Rural Character

• Ready to Build Land

• Scenic Character

• Legally Existing Uses of Land

5.1.01 RURAL CHARACTER The General Plan creates a balance through which new residents, new property owners, visitors, and existing constituencies can enjoy quality of life aspects countywide. Privacy is reflected in community desires to maintain open space between homes in rural areas of the County. Effective design review guidelines created for planning areas can ensure rural character is maintained, even with higher densities and commercial and industrial uses. The General Plan delegates responsibility for recommending these policies to the Planning Advisory Committees when area plans are developed.

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A challenge to the implementation of the General Plan will be to balance the expectations, anticipations, and perceptions of current residents with those of new residents. The end result of General Plan implementation is an assurance that the County’s character will be maintained for future generations.

This section of the General Plan provides basic principles included throughout the Plan, implementing local guiding principles.

5.1.02 GROWTH Throughout California, the words “smart growth” and “growing smart” are becoming more commonplace. The 2001-2002 Legislature initiated laws designed to ensure that local jurisdictions utilize smart growth planning concepts as a prerequisite to obtaining certain grants from the State.

Smart growth principles focus on reducing urban sprawl. The Sierra Nevada foothills provide examples of urban sprawl moving from valley counties into the Mother Lode. Urban sprawl in these areas creates patterns of suburbanization that undermine the historic and rural character. Under the definitions and concepts of growing smart, the General Plan anticipates Mariposa County could be subject to urban growth pressures from development in Modesto, Merced, and Fresno.

The greatest cost in local development is the establishing, developing, and delivering infrastructure and services. Small subdivisions of two to four parcels, when added together, result in dozens of parcels served by roads that cannot carry greater traffic volumes and are unable to be accessed quickly by emergency response personnel.

Changes in infrastructure financing and general costs are expensive, including costs previously absorbed by local public and private utilities. With limited acreage available for subdivision or residential development, it becomes important for the County to ensure such land is ready for development.

The General Plan creates managed growth by facilitating new subdivision activity close to available infrastructure. While the Plan does not preclude more isolated development, the requirement to ensure “development-ready” land results in an isolated subdivider facing some significant economic costs. The economics of developing close to services allows development to grow out from areas with existing infrastructure.

Keeping general commercial development in town planning areas with services deters rural sprawl. To avoid lengthy trips by County residents for basic goods and services, it is important to identify sites for rural commercial development.

5.1.03 LAND USE AND TRANSPORTATION LINKAGE The County road network serves many single-access road systems. The County’s overall transportation network relies heavily on private roads. The Land Use Element and the Circulation, Infrastructure, and Facilities Element are closely integrated. One of the overall objectives of the General Plan is to ensure that residents, customers, and personnel providing emergency and other public services, can access developed parcels.


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The County recognizes the need to improve the public and private road systems. Ensuring access to maintained roads is a major precept in the General Plan. Road design must be consistent with planned land uses.

This section of the Land Use Element includes policies to ensure safe and adequate access to newly subdivided parcels.

5.1.04 ECONOMIC OPPORTUNITY Achieving and maintaining a thriving local economy with good paying jobs and diverse career opportunities is one of the most critical General Plan goals. Diversifying the economy is important and this significance is reflected with the inclusion of an Economic Development Element in the General Plan.

There is the recognition that clustering commercial and service businesses provides a greater chance for success. Locating businesses together provides opportunities to share a customer base. This is best accomplished by siting commercial and service businesses within developed towns and communities countywide. The General Plan focuses the siting of job-creating businesses in the town planning areas—where public services are available.

The challenge facing the General Plan is finding locations that are consistent with the Plan’s policies to support new job-creating businesses that will add to the locally established tourism, retail, research and development, light industrial, and government employment, and maintain agriculture. Ensuring adequate land area for growing home industries requires each planning area to accommodate job creation. This issue has countywide significance and is applicable to area plans as well as the countywide General Plan.

Tourism is another important aspect of Mariposa’s economic growth. With its diversity of recreation and visitor opportunities, the County needs to encourage full service recreation properties in appropriate locations to meet diverse market needs.

An objective of the General Plan is to ensure there are policies to accommodate the unique characteristics of Mariposa’s economy in conjunction with providing housing opportunities. This section of the Land Use Element includes the Rural Economic land use classification and focuses on commercial and job creation within the extent of uses for planning areas.

5.1.05 AGRICULTURE Moving into the 21st Century, Mariposa County finds agricultural opportunities are expanding. Traditional ranching is still the major use of agriculture lands. Other specialties include greenhouse farming, orchards, medicinal and culinary herbs, vineyards and wineries, and honey. The General Plan creates the land use classification “Agriculture/Working Landscape.” The purpose of this approach is to ensure that agriculture is recognized as an economic use and not a holding classification for open space. California’s General Plan law specifically cites agriculture as a subset of open space. To the greater public, open space has a distinct meaning—land retained in an undeveloped state for its visual character. This section of the Land Use Element includes the extent of uses to be defined for the Agriculture zoning districts.


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5.1.06 NATURAL RESOURCES Mariposa County has an incredible variety of natural resources. As a result of its topography, climate, and water supply, the County of Mariposa is home to unique ecosystems and habitats. The lack of population and urban development results in Mariposa County still retaining many natural, unchanged habitats. Some of these resources warrant protection to assure the continued health and availability of these important components to the quality of life countywide.

This section of the Land Use Element includes the “Natural Resources” land use classification and supports the role of the “Agriculture/Working Landscape” land use classification.

5.1.07 PUBLIC FACILITIES The General Plan is required to address the location of existing and proposed public facilities and sites. Mariposa’s growth, projected to increase substantially during the life of the General Plan, will require siting and development of new public facilities and/or expansion of existing facilities. Some of the areas that once anticipated new or expanded facilities may find that General Plan policies shift growth into other areas, reducing the need or priority for the facilities. Other areas of the County may find that new facilities are needed where never before anticipated due to growth patterns.

The General Plan allows public facilities and sites to be considered in all land use classifications. The key to locating public facilities will be utilization of the zoning regulations to add site-specific regulatory and development considerations.

This section of the General Plan provides for the overall approach to locating public facilities and complies with requirements to identify certain public facilities. The linkage with the Circulation, Infrastructure, and Facilities Element ensures long-range capital improvement planning.

5.1.08 COLLABORATIVE PLANNING In Mariposa County, several governmental agencies control vast expanses of land, with more than 55 percent of the County’s land in public ownership. The Federal Government owns almost all of the public land in the County, with the Department of Interior’s National Park Service and Bureau of Land Management combined holdings totaling over 40 percent of the County. The remaining Federal land is under the jurisdiction of the U.S. Department of Agriculture in the Stanislaus National Forest or Sierra National Forest. The State of California has minor land ownership in the County. Caltrans has responsibility for state highway rights-of-way and maintenance facilities located throughout the County.

Other large public landowners include the Merced Irrigation District—which owns lands along the Merced River and around Lakes McClure and McSwain —and the Mariposa County Unified School District.

The General Plan provides for the County to work with agencies such as the California Department of Forestry, Army Corps of Engineers, and California Department of Fish and Game to create mutually beneficial programs. Coordination not only offers significant


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benefits to the residents and visitors of the County, but also allows for efficient allocation of resources by coordinating common objectives. The County has unique opportunities to create collaborative planning processes with its major landowning public agencies.

This section of the General Plan enables the County to integrate its planning with the National Park Service and other agencies.

5.1.09 FIVE-ACRE DENSITY AND RURAL CHARACTER For two generations, the five-acre parcel has been the standard lot size for outlying residential land in the County. The General Plan recognizes this tradition. From a practical perspective, the five-acre parcel appears to be sized to provide the appearance of a rural landscape, ensure adequate room for most individual onsite sewage disposal systems, and provide suitable separation between wells and sewage disposal.

The General Plan changes the five-acre standard from one of “parcel size” to “density.” Density and minimum parcel size may be combined. In the Residential Land Use classification for the countywide General Plan, the maximum density is one dwelling unit per five acres of net land area, but the minimum parcel size is 2.5 acres. This means a twenty-acre parcel can be divided into four lots with a density of one dwelling per five acres based on the land’s carrying capacity. However, the parcel size configuration could be approved as two 2.5-acre parcels and two 7.5-acre parcels, or as 5.0, 5.0, 3.0, and 7.0-acre parcels. Other configurations may be considered provided no parcel is less than 2.5 acres in size.

Mariposa County complies with State law regarding the ability to construct an additional dwelling unit on a parcel zoned for single-family or multi-family residential. California Government Code 65852 provides for the creation of second units on a parcel zoned for single-family or multi-family residences. The Code establishes size, occupancy, and other limits on the second unit. The Code states “No changes in zoning ordinances or other ordinances or any changes in the General Plan shall be required to implement this subdivision.” and states “A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot.”

This section of the General Plan creates the “Residential” land use classification with its five-acre density patterns.

5.1.10 READY TO BUILD LAND Providing ready-to-build land in the County means that the planning process can be streamlined for approvals of new subdivisions. Subdivisions and development in all areas require access to roads and sewer and water services. This creates options for a subdivider because of the costs of extending or bringing services to isolated parcels.

The result of this policy approach supports development patterns where new subdivisions and the majority of construction activity will be centered in and around the town planning areas or in close proximity to already developed areas of the County.


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This section of the General Plan includes policies providing a greater range of consumer protection in the purchase of undeveloped land. It results in the “ready-to-build” implementation requirements.

Further definition of “ready to build land” is provided in this General Plan. Goal 5-10 requires new subdivisions to be “Ready to Build.” Section 5.4.02 E, New Subdivisions, establishes criteria including; road capacity, access, hillside, and ridge top design, approved areas for individual onsite sewage disposal systems, potable water supply, wildland fire hazard, emergency services, and location of flood zone or risk of flooding.

5.1.11 SCENIC CHARACTER Mariposa County’s most significant asset is its scenic character, and there is an extraordinary diversity of scenic resources contributing to the County’s overall character and its tourism base. The Yosemite Valley is a world-renowned scenic area anchoring the beauty of Mariposa County. The County’s scenic resources encompass its forested ridges and valleys, grasslands and rolling hills, free-flowing rivers and streams, agricultural landscapes, and the historic character of its towns and settlements.

The viewsheds along the County’s scenic highways and backcountry roads provide motorists with views of resources that are among the most important scenic values, which complement the scenic beauty of the Yosemite Valley and Merced River Canyon. Along with the County’s dedicated scenic lands, the open space that contributes to the scenic character of much of the County is residential and working landscape.

The County’s history and growth patterns result in a significant inventory of buildings and sites representing the culture of the County’s native populations and its western traditions stemming from Spanish and territorial American settlers. The communities of Bear Valley, Coulterville, El Portal, Hornitos, Mariposa Town, Wawona, and Yosemite Village are saturated with historic buildings.

This General Plan provides policies to maintain the significant scenic resources of the County.

5.1.12 LEGALLY EXISTING USES OF LAND The General Plan and its implementation tools regulate three major uses of land:

• the use of land and structures—as assigned by zoning regulations or authorized through conditional use permits, or other permits;

• the density associated with subdivision of land—parcel size, units per acre, number of dwelling units; and

• the construction of structures upon the land—building standards, size, bulk, height, or location.

When a land use is properly established, a subdivision recorded, or a building completed in conformance with the regulations in effect at the time the approvals were granted, and then the regulations subsequently changed, the project is a “legally existing nonconformity.” The commonly used term for a legally existing nonconformity is “grandfathering.”


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Historically, Mariposa County has allowed a high range of flexibility in expansion and conversion of uses. Part of the reason for this flexibility was the lack of appropriately zoned land to relocate a nonconformity.

The General Plan continues flexibility on nonconformities from past historic precedent. The Plan recognizes the importance of property responsibilities, and as a result, ensures that enlargement, expansion, or a change of nonconformities are reviewed in a public forum.

Abatement of the nonconformity can be ordered through the normal enforcement process. A discovered illegal nonconformity may become conforming through compliance with County regulations in effect at the time of discovery of the violation.

Signs present a challenge to the issue of nonconformities. As a part of the County’s overall marketing and brand identification it is important to move towards conformity for signage. In the mid 1990s, the County adopted a sign code requiring amortization and conformance within a fifteen-year period ending in 2006. On the anniversary date, nonconforming signs are to be replaced with conforming signs.

5.1.13 EXISTING CONTRACTS AND AGREEMENTS The County has entered into contracts and agreements that constrain the uses of land. These include Williamson Act contracts and development agreements. The land under contract or agreement is subject to the terms and conditions of the contract or agreement.

5.1.14 EXISTING ZONING CONSISTENCY The 1981 General Plan managed land use similar to a zoning ordinance that included multiple land use designations. The General Plan reduces the number of Land Use Classifications from 30 to 5. The Board of Supervisors determined that the existing zoning on land within the Agriculture/Working Landscape and Natural Resource land use designations as of December 1, 2006 is consistent with the land use designations. This means that the subdivision of such parcels pursuant to their December 1, 2006 designations may occur in compliance with this General Plan. The existing zoning designation shall remain consistent with the General Plan land use classification unless or until the owner requests a change in zone designation, or the County applies a new zone designation to the land.


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5.2 GENERAL PLAN IMPLEMENTATION Goal 5-1: Maintain the rural character of Mariposa County. Policy 5-1a: New development shall be in keeping with the County’s rural character.

Implementation Measure 5-1a(1): Rural character for each of the planning areas is to be defined by Area Plans. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Requires the preparation and adoption of multiple area

plans along with associated staff costs. A typical Area Plan takes two years.

Consequences: Area Plans developed for the Planning Areas of the County can more precisely set standards to meet local needs. This provides more details for development within Planning Areas. It may also result in stricter standards within some Planning Areas.

Implementation Measure 5-1a(2): Land development regulations should respect the diversity of rural lifestyles allowing the right to use one’s property. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: When Title 17 of the Mariposa County Code, Zoning, is

revised, the zoning regulations will provide for assessment of compatibility issues in the proposed performance standards.

Implementation Measure 5-1a(3): Land development regulations shall define thresholds within which uses are complementary to the concept of rural character as defined by the General Plan and in regulations associated with the Area Plans. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: The thresholds between whether a project’s impacts are

environmentally significant or not significant are pre-defined. This provides surety to interested parties in a project to know whether approval can be considered with a negative declaration, an environmental impact report, or if additional information needs to be submitted with an application.


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Goal 5–2: Create land use density and development patterns to manage growth in patterns avoiding sprawl.

Policy 5-2a: Ensure that development shall occur first where services are located.

Implementation Measure 5-2a(1): Development shall grow outward from Planning Areas and Residential Areas with available services. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: Orderly growth.

Implementation Measure 5-2a(2): Establish land development regulations defining permitted uses and establishing standards for close-to-services development. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Included in the cost of updating Title 17. Consequences: The code will have siting criteria to ensure development

occurs close to available public services. This means that isolated commercial developments or “leapfrog” type development may not be possible even if other site criteria would normally allow commercial development.

Implementation Measure 5-2a(3): The County shall make findings that the development will not result in premature urbanization of the Planning Study Areas. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: Orderly growth.

Implementation Measure 5-2a(4): No urban expansion shall occur within the Mariposa Town Planning Study Area unless water and sewage disposal are available from a centrally coordinated and managed system. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: Orderly growth.

Goal 5-3: Integrate transportation and land use decisions to achieve the County’s managed growth objectives.

Policy 5-3a: New subdivisions and lands created for commercial and industrial purposes shall have direct access to maintained roads.


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Implementation Measure 5-3a(1): Prior to the consideration of an application to change a land use classification into a non-residential land use classification, the subject property shall front on or shall have direct access to a maintained road. • This is a prerequisite of the application and shall not replace any

project-specific conditions that may be required.

• A paved maintained road requirement shall not be imposed when the requested land use classification is “Agriculture/Working Landscape” or “Natural Resources.”

Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: This policy, while meeting the absolute letter of State law,

imposes a standard which may preclude General Plan amendments from being approved on some lands served by private non-maintained roads without a maintenance program being created first.

Implementation Measure 5-3a(2): Prior to consideration of a change of zoning district from residential into a commercial or industrial zoning district, the subject property shall be found to be located on a maintained road. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: This policy, while meeting the absolute letter of State law,

imposes a standard which may preclude non-residential development or rezoning occurring on lands with private non-maintained roads without a maintenance program being created first.

Implementation Measure 5-3a(3): No subdivision shall be approved unless it is found that there is adequate road capacity to serve the new traffic. Timing: Ongoing review standard Responsibility: Public Works Department. Fiscal Impact: Ongoing. Consequences: This policy, while meeting the absolute letter of State law,

imposes a standard which may preclude subdivisions from occurring on lands accessed by either privately or publicly maintained roads which do not have adequate capacity for existing traffic.

Policy 5-3b: All subdivision roads shall be maintained roads.

Implementation Measure 5-3b(1): No subdivision shall be approved unless a mandatory contribution road maintenance mechanism is created for roads within the subdivision that are not within the County-maintained road system. Timing: Ongoing review standard Responsibility: Public Works Department. Fiscal Impact: Ongoing. Consequence: The ability to waive a requirement for a subdivision is not

feasible the way this Measure is written.


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Goal 5-4: Designate land areas and establish siting criteria to enhance economic opportunities.

Policy 5-4a: Cluster commercial and service development in Planning Areas and Rural Economic land use classifications.

Implementation Measure 5-4a(1): Commercial, healthcare, financial, and other service businesses intended to serve the greater County population, a regional or greater customer base, shall be located only within Town Planning Areas. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequence: Large-scale development—including industrial—is limited

to Planning Areas. Implementation Measure 5-4a(2): Commercial, healthcare, financial, and other service

businesses intended to serve the neighborhood needs may be located in Planning Areas and Rural Economic land use classification. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: Allows for neighborhood commercial growth to occur

outside of planning areas; creates the authority for the Rural Economic land use classification.

Implementation Measure 5-4a(3): All community plans should include land area to accommodate local rural home industries that out-grow their home-based location. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: Each Community Planning Area (except as stated in the

footnote)8 must include land area capable of accommodating the growth of local rural home industries. This ensures that a “homegrown” business remains close-to-home. It is a balance between the requirements of the General Plan to limit rural home industries to five employees and the desire to nurture local businesses for economic diversification. The County would need to monitor business development and business relocation to ensure an adequate inventory.

8 It is recognized that Fish Camp and Wawona are town planning areas in which the local industry is tourism. No industrial land is required in the Fish Camp Town or Wawona Town Specific Plans. This footnote is a part of Implementation Measure 5-4a(3).


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Policy 5-4b: Businesses, services, and industries need properly classified sites on which to grow.

Implementation Measure 5-4b(1): Zoning shall include provisions to include zoning districts with flexible standards for defining business and industry uses in a changing economy. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Incorporated into the costs of preparing the update to Title

17. Consequences: The current zoning code prescribes uses in a narrow way.

This means that it is difficult for a non-defined use to be easily accommodated even when it is similar to permitted uses. This policy requires the zoning ordinance update to include more performance standards. Performance standards allow a business to substantiate how it meets County objectives and standards for a zone. If it meets standards, it is then permitted.

Implementation Measure 5-4b(2): Establish provisions to accommodate businesses in the home consistent with the purpose of the land use classifications. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Incorporated into the costs of preparing the update to Title

17. Consequences: Combined with later policies in the Economic

Development element, this policy enables home businesses to continue.

Policy 5-4c: Establish siting criteria to provide areas for visitor recreation opportunities.

Implementation Measure 5-4c(1): Accommodate appropriate siting and development standards for recreation and resort uses within the County. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Incorporated into the costs of preparing the update to Title

17. Consequences: This Measure enables the Resort Commercial land use

classification. Implementation Measure 5-4c(2): Standards shall be included that protect visual

character related to: • Viewsheds; • Structure design, landscaping and scenic environment; • Landform grading; • Site development; and • lighting.

Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Incorporated into the costs of preparing the update to Title

17. Consequences: This Measure protects visual character.


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Goal 5–5: Designate land areas to maintain the County’s agricultural/working landscape.

Policy 5-5a: Maintenance of the agricultural/working landscape shall recognize the economic use of these lands, as well as their scenic and open space functions.

Implementation Measure 5-5a(1): The Land Use element shall identify lands within which the economic uses for the production, extraction, or harvesting of food, fiber, timber, and minerals shall be the primary purpose. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: This Measure enables the Agriculture/Working Landscape

land use classification.

Goal 5–6: Designate land areas and establish siting criteria for the management of natural resources.

Policy 5-6a: Managing natural resources shall allow a balance of uses.

Implementation Measure 5-6a(1): The Land Use element shall identify lands within which the management of natural resources shall be the primary purpose. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: This creates a land use classification that primarily applies

to lands in the Merced River Canyon from El Portal to Lake McClure.

Goal 5-7: Designate land areas and establish siting criteria for public facilities to support current and future populations.

Policy 5-7a: Public facilities and services may be sited in all General Plan land use classifications with due consideration for area-specific issues.

Implementation Measure 5-7a(1): Establish siting and development criteria for public facilities and sites. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: This provides for standards to be created for public sites

and facilities without necessitating a General Plan amendment.


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Goal 5-8: Create collaborative planning efforts. Policy 5-8a: Establish ongoing collaborative and cooperative planning relationships.

Implementation Measure 5-8a(1): The Board of Supervisors shall initiate discussions with representatives from public agencies to establish a formal collaborative cooperation and planning process. Timing: Short-term Responsibility: Board of Supervisors. Fiscal Impact: Allocation of staff time, possible miscellaneous

operational and meeting costs. Consequences: This policy requires the Board of Supervisors to serve as

the leaders, in effect, of the Mariposa County Council of Governments (COG). It does not, however, require the creation of a COG or the creation of special staff to serve the COG.

Goal 5-9: Maintain rural densities for residential development outside planning areas.

Policy 5-9a: One house per five acres is the County’s rural density.

Implementation Measure 5-9a(1): Outside Planning Areas, the maximum allowable density for residential development shall be one dwelling unit per five acres. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: This fixes the standard of the “five acre parcel” as the rural

standard in the County. It does not, however, require that this density be based on a minimum parcel size, just an average density of one house per five acres.

Implementation Measure 5-9a(2): In a proposal to modify the boundaries of one or more parcels or lots where one or more of these parcels or lots do not meet minimum parcel size or density of the applicable land use, the County may approve such boundary modifications provided such modifications will result in the improvement of the circumstances and/or design of both parcels or lots and in achieving the goals and policies of the General Plan and the purpose of the applicable land use classification. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing review. Consequences: This sets a higher standard of review.

Goal 5-10: Require new subdivisions to be “Ready to Build.” Policy 5-10a: New subdivisions (minor and major) shall be required to have necessary

infrastructure to enable all parcels to be “Ready to Build.”


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Implementation Measure 5-10a(1): Require that infrastructure for new subdivisions meet the General Plan’s requirements for ready to build parcels. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Adds cost to land prices normally associated with the cost

of building a home. Consequences: This is an essential part of the County’s growth

management program. By purposely requiring infrastructure to be installed at the time a map records, it creates an economic disincentive to subdivide lands isolated from existing services.

Goal 5-11: Facilitate the transition of the 1981 General Plan and permit legally existing nonconformities to continue use and operation.

Policy 5-11a: Legally existing nonconformities may continue.

Implementation Measure 5-11a(1): No implementation of the General Plan shall be enacted to force the amortization, closure, and relocation of any legally existing nonconformity except signs and/or billboards and as otherwise provided in adopted planning areas. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: This policy prohibits the County from enacting

amortization provisions for grandfathered uses and structures. While it extends current ‘unofficial’ official policy, this raises the bar to create a thoughtful and public process if the Board of Supervisors wants to change the policy. In effect, this makes it a official policy.

Policy 5-11b: Accommodate the ability to subdivide parcels of land based on existing

zoning within the Natural Resource and Agriculture/Working Landscape land use designations.

Implementation Measure 5-11b(1): The Land Use Element shall identify lands and allow their subdivision in compliance with the zoning as of December 1, 2006 within the Natural Resource and Agriculture/Working Landscape land use designations. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: This measure recognizes the 1981 General Plan zoning

subdivision potential and implements Section 5.2.02 N of this General Plan.


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Goal 5-12: Protect significant timberlands and provide for sustainable management and harvesting of timber resources.

Policy 5-12a: Protect significant timberland from conversion to non-timber related uses.

Implementation Measure 5-12a(1): Use the Timber Preserve zoning district within the Agricultural/Working Landscape and Natural Resource land use classifications to limit development in areas of identified potential timber resources. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: Protects timberlands


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5.3 LAND USE CLASSIFICATIONS California law requires General Plans to include diagrams designating the general distribution and location of land uses in the County. With no incorporated cities, the Mariposa County General Plan serves both the regional needs of the County and the more precise planning needs of the various towns, communities, and special planning areas. Land use classifications are used to generally identify the areas where the County desires specific types of existing and future land uses.

The General Plan has five land use classifications: Planning Area, Residential, Rural Economic, Agriculture/Working Landscape, and Natural Resources.

Land use classifications are different from base zoning districts. The purpose of a land use classification is to lay out the desired land use patterns of the County. The land use classifications may shift patterns of development in some areas of the County. The objective is to ensure that any new land uses, changes in land use, and/or development are both defensible and achieve the desired goals. Base zoning districts (zones) are implementation tools of the General Plan—they incorporate the Plan’s purposes. The zones specify property rights by prescribing permitted uses. The zones prescribe property privileges through conditional uses, accessory uses, temporary uses, and site development standards. For example, in Mariposa County zoning designations, residential uses are permitted uses and churches and organized recreation camps are conditional uses.

General Plan law requires land use classifications to describe the extent of uses, population density, and building intensity for each category. As described below, Mariposa County’s land use classifications include these components, as well as: purpose, consistent zoning classifications, and criteria for inclusion in the land use classification. Actual development standards, prescription of uses, and other requirements are implemented through the Mariposa County Code.

• The purpose defines the need for that classification and the reasons for its inclusion in the General Plan.

• The extent of uses defines the general characteristics of land use within a classification. The extent of uses does not supplement or override the prescribed, permitted, and conditional uses implemented through zoning. Rather, the “extent of uses” creates a sketch of conceptual uses, while specific uses are defined in the zoning and subdivision regulations.

• Zoning consistency establishes a menu or description defining which of the County’s zoning districts are permitted within a land use classification.

• Population density is the theoretical maximum number of persons per acre of gross land area based on the maximum potential number of dwelling units and the most recent (Year 2000) Census number of persons per dwelling unit. Population density is a numeric calculation required by State law and has no regulatory purpose.

• Building intensity is based upon different characteristics that are appropriate for different types of uses. For residential development, building intensity is the number of dwelling units per acre of gross land area. For commercial, industrial, or public facility development, building intensity is the employee/user capacity of a facility.


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This may be determined in square footage, lot coverage, traffic generation, or other defined factor in the explanation under a land use classification.

• Criteria for inclusion within a land use classification are policy statements applicable to the review of any application proposing to change a land use classification from one classification to another.

• Parcels of 40 acres or larger in size may be designated on the Land Use Diagram with more than one General Plan land use classification. Classification boundaries are intended to coincide with zoning boundaries whenever possible and shall follow legally defined boundaries.

• Parcels less than 40 acres shall be designated on the Land Use Diagram with one General Plan land use classification, the classification with the greatest area. Classification boundaries shall follow legally defined boundaries.

5.3.01 PLANNING AREA LAND USE CLASSIFICATION

A. Purpose

The General Plan creates the land use classification “planning area.” Planning areas identify “towns,” “communities,” and “special” planning areas (Figure 5-1). Planning areas are implemented by area plans adopted by the Board of Supervisors. Volume II is where adopted area plans are published. “Area plans” are mini-General Plans adopted to meet the needs of each town, community, or uniquely identified special area of the County.

Figure 5-1: Planning Areas


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The towns of Mariposa, Coulterville, Fish Camp and Wawona each have adopted “town planning area specific plans”. These plans will remain in effect and are incorporated in Volume II of the General Plan as the community’s area plans, though modifications or updates may be necessary to consider Planning Study Areas adjacent to the communities or address new policies. For Mariposa and Coulterville, the name of the plan will change from “specific plan” to “town plan”. For Fish Camp and Wawona, the name of the plan will remain “town planning area specific plan”.

The planning area land use classification identifies the geographic areas subject to the goals, policies, and implementation measures of adopted area plans The Planning Study Area diagrams in Volume II identify the geographic areas subject to the goals, policies, and implementation measures of the General Plan. The planning area is depicted on the Land Use Map (Figure 5-2) with the planning area boundaries and an icon defining the type of area

plan.

Town planning areas represent the rural scale “urban” development centers for the County. Town planning areas are specifically designated as locations in the County where policy mandates a broad and comprehensive mixture of land uses and zoning. A mixture of housing types and styles for all economic segments of the County are disbursed throughout the town planning areas.

Community planning areas or special planning areas represent separate policy approaches. A planning area’s character and values are generally based in the character of the General Plan land use classifications in which it is situated. At the policy level, area plans are developed specifically to reflect community values.

The County manages the majority of the planning areas; the remaining planning areas contiguous to or within Yosemite National Park involve both the County and the National Park Service, with the exception of Yosemite National Park General Management Planning Area, which is managed exclusively by the National Park Service. Each of these area plans—except for the Yosemite National Park General Management Plan—are part of the General Plan. The General Management Plan is identified for reference purposes, showing Yosemite National Park has its own planning document.

B. Extent of Uses

The General Plan defines the geographic boundaries of planning areas and establishes the general purposes of town, community, and special planning areas. A planning area is a defined locality within the County that is managed through an Area Plan adopted by the Board of Supervisors. The Board of Supervisors have designated Plan Study Areas on the Land Use Diagram, areas that do not have an adopted area plan but which the Board of Supervisors wants evaluated in the preparation of the area plan.

Explanation 5-1: Planning Areas Town Planning Areas are: Coulterville, El Portal, Lake Don Pedro, Mariposa, Wawona, Mt. Bullion, and Fish Camp Community Planning Areas are: Bear Valley, Bootjack, Catheys Valley, Greeley Hill, Hornitos, and Midpines Special Planning Areas are: Buck Meadows , Foresta, and Yosemite West Yosemite National Park Planning Areas are: General Management Plan, Valley Plan, and others


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An adopted area plan establishes the extent of land uses for each land use classification in that planning area. Generally, area plans will address residential, commercial, industrial, public, and other land use classifications. However, depending on the guiding principles of an area plan, not all classifications may be included.

Area plans may be more restrictive than the General Plan policies as long as they are consistent with the General Plan policies; however, they cannot be less restrictive than the General Plan or inconsistent with the General Plan. There are certain issues where the countywide General Plan pre-empts an area plan.

Housing is a statewide issue of critical concern. Under California law, the State provides the County with a five-year requirement to enable construction of adequate housing units to satisfy the Regional Housing Needs Allocation (RHNA). The County is required to prove it has sufficient land area to accommodate the development of housing that meets the needs of very low-, low-, moderate-, and above moderate-income levels and special needs population groups.

The County is encouraging the economic development emphasis from businesses in residential areas to allow “home-grown” businesses to relocate to appropriately zoned property within the general area. Lands for expansion of rural home industries need to be located within all area plans.

Area plans are not mandated to provide lands for uses inconsistent with the principles of the planning area. There will be no requirement for housing, commercial, or industrial uses merely because an area is designated as a town, community, or special planning area. Area plans should embody greenbelts and open space lands to preclude rural sprawl. Area plans may be adopted for purposes of maintaining rural character, identifying and preserve public lands, protecting agriculture land, or addressing localized issues in greater detail than is possible in the countywide General Plan.

B(1) TYPES OF PLANNING AREAS

• Town Planning Area: All residential, commercial, industrial, job-center, recreation, and public uses, as defined in the General Plan, are consistent with the purpose of a town planning area.

• Community Planning Area: Single-family residential, rural commercial, recreation/resort-oriented, small business, and public are land uses consistent with the purpose of a community planning area. Multi-family residential uses with more than two attached dwelling units per structure are not consistent residential uses within community planning areas; live-work commercial/residential uses are acceptable.

• Special Planning Area: Some small locales in the County do not face the full scope of issues warranting a full-scale town plan or community plan. The purpose of a special plan is to address the specific issues of local importance for the planning area. Consistent uses will be defined in the special plan. Special plans may be used within a town plan or community plan to address more focused issues.

Specific plans are used as specified in California law and are not typically planning areas within the General Plan. A specific plan is an implementation tool of the General Plan or of an area plan. The Towns of Mariposa, Coulterville, Wawona and Fish Camp, however, have


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adopted Town Planning Area Specific Plans that also serve as their area plans. For Mariposa and Coulterville, the name of the plan will change from “specific plan” to “town plan”. For Fish Camp and Wawona, the name of the plan will remain “town planning area specific plan”.

On Figure 5-2, Mariposa County General Plan Land Use Map, the portions of the County proposed for one of the three types of area plans are shown as “Planning Areas.”

For example, the town plan for Mariposa would be called the “Mariposa Town Planning Area” and for Bear Valley the “Bear Valley Community Planning Area.” For applicable land use and zoning information, one refers to the appropriate area plan. Prior to an area plan being adopted, refer to the interim implementation measures in this Land Use section of the General Plan.

C. Zoning Consistency

Each area plan’s land use classifications define consistent zoning districts. The area plan may use districts already incorporated into the County Code or create new zoning districts, which meet the precise needs of the area. Each of these zoning districts must demonstrate consistency with the area plan and the General Plan.

D. Population Density and Building Intensity

Each area plan establishes population densities and building intensities for its planning area. These are located in Volume II of the General Plan.

E. Adoption of Area Plans

The Board of Supervisors governs the planning areas and is responsible for adopting the area plans and associated regulations. To ensure area plans reflect local values, planning advisory committees are formed of local residents, property owners, and business owners, to advise the Planning Commission and Board of Supervisors on local issues. The preparation, review, and revision of area plans are a responsibility of the committee. The planning advisory committee sends its planning documents to the Planning Commission for recommendation and Board of Supervisors for adoption.

E(1) DESCRIPTION OF PLANNING AREAS

The General Plan identifies 17 planning areas, including the Yosemite National Park’s General Management Plan. Table 5-1 lists the planning areas and provides information on the status of each planning area’s town, community, or special plan and whether or not a planning advisory committee has been established.


Planning Areas

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Figure 5-2: Mariposa County General Plan Land Use Diagram (large map inserted at end of Volume I) 1

2


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Table 5-1: Planning Areas and Area Plan Status

Planning Area Planning Advisory

Committee

Area Plan Status

Bear Valley Community No Not scheduled

Bootjack Community No Not scheduled

Buck Meadows Special No Not scheduled

Catheys Valley Community Yes Pending completion in short term

Coulterville Town Yes Adopted

El Portal Town Yes Pending for completion in short term

Fish Camp Town Specific Plan

Yes Adopted

Foresta Special No Not scheduled

Greeley Hill Community Yes Not scheduled

Hornitos Community No Not scheduled

Lake Don Pedro Town No Pending for completion in short term

Mariposa Town No Adopted

Midpines Community Yes Pending for completion in short term

Mount Bullion Town No Not Scheduled

Wawona Town Specific Plan

Yes Adopted; Update pending for completion in short term

Yosemite National Park N/A Complete9

Yosemite West Special Yes Pending for completion in 2007


Four planning areas are identified for collaborative planning between the County and the National Park Service—El Portal, Foresta, Wawona, and Yosemite West. Each community has a different relationship between the County and the Park, but all require cooperation and collaboration in planning efforts.

• El Portal Town Planning Area. Although not part of the Yosemite National Park, El Portal is substantially owned by the National Park Service and used for

9Yosemite National Park has prepared three major updates to its General Management Plan. Of these various plans, the Yosemite Valley Plan and the Merced River Plan have the greatest set of collaborative planning issues within the County.


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administrative and housing purposes. The County manages the limited private ownerships, while the National Park Service manages its lands. Collaborative planning can create uniform standards and long-range development programs to implement the Yosemite National Park General Management Plan as well as the County’s General Plan. Because El Portal is a business center, resort area, and high-density residential area it is classified as a Town Planning Area in the General Plan. This represents a new direction in planning philosophy for the El Portal area joining public and private lands into a single County planning document. This reflects the partnership with the National Park Service for managing this area.

• Foresta Special Planning Area. This Special Planning Area is an enclave created by a subdivision recorded in the early 1900s intermingled with lands owned by Yosemite National Park. Foresta’s small lots and lack of infrastructure make development difficult. The County approves private development and requires a concurrence from the National Park Service. Foresta’s limited scope of issues results in the area being classified as a Special Planning Area. Much of Foresta was destroyed during a wildfire in the 1990s, and property owners are anxious to reestablish homes and private property usage while maintaining rural character. Compatible Park Service development is a major issue in this community.

• Wawona Town Planning Area. Wawona is a community of privately owned land surrounded by Yosemite National Park. The state delegated management of these private lands to the County of Mariposa. Both the County and the National Park Service must approve land use plans for Wawona. Wawona has an adopted Specific Plan.

• Yosemite West Special Planning Area. Yosemite West is a subdivision located near Glacier Point Road adjoining Yosemite National Park. This subdivision is primarily resort homes. The only access to the subdivision is through Yosemite National Park and over a County-maintained road for which the National Park Service issued a special use permit. The limited scope of land uses in Yosemite West warrants its classification as a Special Planning Area.

Four communities have adopted area plans.

• Coulterville Town Planning Area. Coulterville has a Town Planning Area Specific Plan converted in Volume II to a Town Plan. With a public water and wastewater treatment system, Coulterville is capable of handling residential and commercial growth. The town has a quality historic district and unique opportunities for improved tourism as a visitor destination.

• Mariposa Town Planning Area. A Town Planning Area Specific Plan was adopted in 1981 and periodically amended. A comprehensive update was adopted in 1992. The Specific Plan is converted to the Town Plan incorporated into Volume II of the General Plan for Mariposa. The General Plan provides for the Mariposa Town Planning Area to become greatly enlarged. The current Town Plan in Volume II provides for land use and zoning for a core area supporting a population of approximately 3,000 people. The future expansion area will retain existing zoning districts until the total Mariposa Town Plan is updated.

• Yosemite National Park General Management Plan. The National Park Service requires its parks’ management agencies to prepare general management plans for


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long-range operational goals and vision. The General Plan recognizes the General Management Plan as an area plan by reference. However, the County does not incorporate the General Management Plan into its General Plan. Implementing the Management Plan requires the adoption of area plans within the Park. The Merced River Plan and Yosemite Valley Plan have both been adopted by the Park Service.

• Fish Camp Town Planning Area. Fish Camp has an adopted Town Planning Area Specific Plan, originally adopted in June, 1983 and amended since that time. The Fish Camp Plan is described as a Town Planning Area Specific Plan to allow a comprehensive mix of zoning and land uses associated with its rural scale “urban” character. Fish Camp has three community water systems.

Three other planning area with pending short-term area plans include:

• Catheys Valley Community Planning Area. The Catheys Valley Community Plan provides for a broad vision maintaining the Catheys Valley Planning Area as a “rural crossroads” and not a “town.” Catheys Valley was never a town at any point in the County’s history. A cluster of commercial enterprises to serve local residents meets community needs. The community preference is to preclude any special districts and rely on individual wells, individual onsite sewage disposal systems, and agriculture preservation as the anchors maintaining rural character.

• Lake Don Pedro Town Planning Area. The Lake Don Pedro subdivision was approved in the 1960s with more than 3,000 lots split between Mariposa and Tuolumne counties. More recent subdivision activity in the 1980s and 1990s in both counties resulted in increasing residential densities combined with a lack of jobs and services. The Lake Don Pedro Community Services District provides water for much of the area (1,250 customer connections, October 2004). A Town Plan is proposed for this area of the County creating, in effect, a new town. Ultimately, the Lake Don Pedro area could have a population in excess of 12,500 people.

• Midpines Community Planning Area. The Midpines area is a cluster of residential lands surrounding a small scale commercial center. Close to Mariposa, and the nearest County community to Yosemite National Park, Midpines faces growth pressures as the Park Service implements the Yosemite Valley Plan and looks for vacant land in private ownership for seasonal and other employee housing. It also faces issues associated with fire protection and lack of community water.

Six planning areas without area plans scheduled include:

• Mount Bullion Town Planning Area. The land in the historic community of Mount Bullion, including an area surrounding the airport is proposed for a town plan in the long-term planning period. The County will need to prepare and adopt a town plan for land use in the Mount Bullion Town Plan area. While this area is intended for business park, commercial, and other residential development to accommodate a population of 2,000, a key issue for this community is the establishment of land use policies and a land use plan that will protect the airport and ensure its continued operation in the future.

• Bear Valley Community Planning Area. The lands surrounding the old Bear Valley townsite not under Williamson Act contract are identified for the future Community Plan Area. The intent for this community is to identify commercial lands and appropriate subdivision densities based on available groundwater and soils suitable for onsite sewage disposal systems.


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• Bootjack Community Planning Area. Bootjack already has a commercial center with “heavy” commercial and “light” industrial uses. From a feed store and rental yard to truss and shed manufacturing, Bootjack has the makings of a small town. However, the population in the area prefers to retain the commercial and job center options without the impacts of high density residential. Without a public water or wastewater treatment center, Bootjack qualifies as a Community Plan Area—even though some of its uses are more “town” oriented.

• Buck Meadows Special Planning Area. Buck Meadows is a small cluster of private lands with resort facilities located in an island deriving access from Highway 120 within Tuolumne County.

• Greeley Hill Community Planning Area. Greeley Hill has potential for growth as a community and a business center for the northern part of Mariposa County. Its Planning Area boundaries include almost all private land, creating a large “island” within the Stanislaus National Forest.

• Hornitos Community Planning Area. Hornitos is another community with a significant inventory of historic structures. It is purported to be the only remaining town in California with a Spanish-style central plaza. Hornitos is a small island of land surrounded by significant acreage under Williamson Act contract.

F. Changes in Planning Area Classification

With the adoption of the General Plan, the planning areas are identified as “town planning areas,” “community planning areas,” or “special planning areas” based on the countywide General Plan policies and anticipated desires of a locality. As the General Plan is implemented, residents and property owners within a planning area may wish to change the permitted uses. Such a change requires changing the planning area classification while maintaining consistency with the General Plan.

Changes in planning area classifications may be approved under the following circumstances and process.

• The Board of Supervisors will establish a Planning Advisory Committee for the planning area. If a Planning Advisory Committee is not seated, the Board of Supervisors will convene a Committee for the planning area. The Planning Advisory Committee will make a recommendation to the Planning Commission concerning changing the classification from its current town, community, or special class to another classification in the General Plan.

• The Committee’s recommendations will include findings substantiating its reasons for or against the change.

• Changes in a planning area’s classification will require evidence to demonstrate all of the following:

o General Plan goals and policies establishing the original town, community, or special planning area classification have been amended and a classification change is required for General Plan consistency;

o In order to better achieve and properly implement the goals and policies of the General Plan, a change in classification is required;


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o A change in County population growth or County land development patterns requiring an amendment of the planning area classification to maintain General Plan consistency; and

o Changes in the countywide General Plan goals and policies necessitate the change of classification to maintain General Plan consistency.

o The Board of Supervisors may amend the General Plan by applying the criteria for the land use classification into which the planning area is proposed to be reclassified.

G. Amending the Boundaries of a Planning Area

The boundaries of a planning area are the same as the boundaries of any land use classification in the General Plan in that an amendment of the General Plan is required to amend the boundaries. The boundaries may be amended using the normal General Plan amendment process or by different boundaries being identified in the adoption of an area plan.

G(1) BOUNDARY AMENDMENTS BY ADOPTION OF AN AREA PLAN

When the Board of Supervisors adopts an area plan with boundaries different than those in the General Plan, the action to adopt the area plan will include necessary findings and map amendments to reclassify properties as described below.

If lands are added into the planning area land use classification, such lands will take the land use classification “planning area” with a reference to the adopted area plan.

If lands are removed from the planning area land use classification, the lands will take on the land use classification of the properties surrounding at least two sides of the subject property.

G(2) AMENDING PLANNING AREA LAND USE CLASSIFICATION BOUNDARIES WHEN NO AREA PLAN HAS BEEN ADOPTED

Should the Board of Supervisors desire to amend the boundaries of a planning area when no area plan has been proposed or adopted, the Board of Supervisors may amend the General Plan by applying the criteria for the land use classification into which the subject property is proposed to be reclassified.

H. Creation of a New Planning Area

A new planning area may be created by the Board of Supervisors if an application and resolution of approval substantiate that the issues needing to be addressed require greater detail than can be accomplished within the framework of the County General Plan.

A. An application for a new planning area may be initiated by:

• Board of Supervisors,

• Planning Commission,

• any private property owner(s), or


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• citizens living within the proposed planning area.

B. As a prerequisite to approving a new planning area, the Board of Supervisors will substantiate the following findings.

• The boundaries of the proposed planning area represent a recognized, identifiable, and socially cohesive area of the County.

• Population growth, development patterns, or changes in Board of Supervisors policy create a situation in which the long-term planning needs of a defined area are better achieved through an area plan.

C. The approving resolution will:

• identify the geographic area to be included within the planning area;

• define whether the area is to be a town planning area, community planning area, or special planning area;

• adopt findings which establish the reason why the planning area is needed;

• establish a basic proposed mission or objective for the planning area;

• set a timeline for completion of the preliminary version of the area plan; and

• approve an appropriate budget or resource allocation to ensure the plan’s completion within the timeline specified by the Board.

I. Regulations for Planning Areas

I(1) REGULATIONS IN PLANNING AREAS FOR WHICH A TOWN SPECIFIC PLAN IS ADOPTED

The towns of Coulterville, Fish Camp, Mariposa, and Wawona have adopted town planning area specific plans. When the General Plan is adopted, the Mariposa and Coulterville plans will be re-adopted as area plans. The names of the Fish Camp and Wawona town planning area specific plans will remain the same. Each specific plan was originally adopted as an ordinance. The ordinances will remain in place.

I(2) INTERIM REGULATIONS IN PLANNING STUDY AREAS

The Planning Areas of Bear Valley, Bootjack, Buck Meadows, Catheys Valley, El Portal, Foresta, Greeley Hill, Hornitos, Lake Don Pedro, Midpines, Mount Bullion, and Yosemite West do not have adopted area plans. The adopted plans for the towns of Coulterville and Mariposa do not encompass all of the lands shown in the General Plan Land Use Map for the towns. For these Planning Areas and expanded town areas, designated Planning Study Areas on the Land Use Diagram, the General Plan land use classifications as shown on the interim land use diagrams in Volume II shall apply until the appropriate town, community, or special plan is adopted by the Board of Supervisors. The planning areas, including the planning study areas, are displayed on the Mariposa County General Plan Land Use Diagram (Figure 5-2), to identify the boundaries for the Planning Advisory Committees and state the intention of the Board of Supervisors that a plan will be adopted for these areas. The Interim


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Community Land Use Diagram (Volume II) establishes interim land use provisions pending plan adoption.

Volume II incorporates basic standards for the determination of zoning and development entitlements. The Interim Land Use Diagrams were developed to reflect the existing entitlements and patterns of land uses, upon adoption of this General Plan. These land uses and basic standards are applicable until such time as an area plan is amended or adopted.

The Interim Community Land Use Diagrams employ the land use classifications established in this document, including the Residential, Rural Economic, Agriculture/Working Landscape and Natural Resources classifications. The Interim Community Land Use Diagrams also refer to an Interim Community Center designation. Development within the Interim Community Center designation shall comply with all provisions of the Residential Land Use Classification as established by Section 5.4.02 with the following exceptions:

Interim Community Center Land Use Exceptions

A. Purpose

The Interim Community Center land use classification identifies lands for single family dwellings within a Planning Area for which an area plan has not yet been adopted. The Interim Community Center land use classification also identifies lands that may be appropriate for limited business and commerce to (1) primarily support the needs of local residents, and (2) secondarily support tourism and County visitors.

B. Extent of Uses

Interim Community Center land uses include single-family dwellings, vacation homes, and agriculture. Typical accessory uses involve personal recreation, home-based business activities, other uses related to agriculture, and uses consistent with rural character. Uses which supply retail and commercial needs of local residents not in conflict with adjoining land uses shall be subject to a discretionary review. Also subject to a discretionary review shall be uses which support regional tourism and can be developed compatibly with adjoining land uses


The following zoning districts are consistent with the purpose of the Interim Community Center land use classification:

Town Planning Area Public Domain

Public Sites


Maximum number of dwelling units: One (1) dwelling unit per legally existing parcel. Maximum density for new subdivisions: One (1) dwelling unit per two and one half (2.5)

acres of gross land area.


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Minimum parcel size for new subdivisions: Two and one half (2.5) acres of gross land area.

Maximum building intensity: 10 percent lot coverage per two and one half (2.5) acres of gross land area.

Average population density: 0.948 persons per acre of gross land area.


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5.3.02 RESIDENTIAL LAND USE CLASSIFICATION

A. Purpose

The Residential land use classification identifies lands for single family dwellings in a rural setting outside the Planning Area land use classification.

B. Extent of Uses

Residential land uses include single-family dwellings, vacation homes, and agriculture. Typical accessory uses are related to personal recreation, home-based business activities, other uses related to agriculture, and uses consistent with rural character. Churches are allowed subject to a discretionary permit.


The following zoning districts are consistent with the purpose of the Residential land use classification:

Agriculture Exclusive Mountain General Mountain Home

Mountain Transition Public Domain

Public Sites

The Board of Supervisors has determined that for parcels within the Residential Land Use Classification on the Land Use Diagram, the existing zoning assigned to that parcel , as of December 1, 2006, is consistent with the Residential land use classification.


Maximum number of dwelling units: One (1) dwelling unit per legally existing parcel.

Maximum density for new subdivisions: One (1) dwelling unit per five acres of gross land area.

Minimum parcel size for new subdivisions: Two and one half (2.5) acres of gross land area, provided the average density does not exceed one (1) dwelling per five (5) acres for the proposed subdivision except for Rural Residential existing land use designations, the Board of Supervisors (Planning Commission) may consider parcels of two and one half (2.5) acre minimum

Maximum building intensity: 10 percent lot coverage per five (5) acres of gross land area.

Average population density: 0.474 persons per acre of gross land area.


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E. New Subdivisions

In order to create a “ready-to-build” parcel, the General Plan places basic development requirements on the subdivider. This assures the property owner the price paid for land is the cost of ready-to-build land. The objective of the ready-to-build policy is to avoid unexpected costs for developing infrastructure when a later property owner seeks a building permit.

The Board of Supervisors finds that basic development requirements are maintained roads, water supply, and wastewater disposal.

This section of the General Plan addresses criteria applicable to new subdivisions and non-residential uses in the Residential land use classification. These criteria will be considered equivalent to implementation measures. When these criteria are applied for purposes of clustering parcels, the parcel(s) included in the density calculations shall be enforceably-restricted to prohibit future land division of such parcels.

E(1) ROAD CAPACITY AND ACCESS

All newly created subdivision parcels will have safe and maintained access roads. To qualify for subdivision, access to the subject property will be derived from a road that is:

1. maintained, and

2. has adequate capacity for the potential traffic volume generated by the total number of existing lots and those which can be created within the road system.

E(2) HILLSIDE AND RIDGE TOP DESIGN

Building on hillsides is an issue of critical concern to conserving the rural character and avoiding an “over-developed” appearance countywide. The County’s terrain and topography has no regularity, making a uniform solution impossible. Subdivision roads and building sites will be designed to minimize cuts and fills. All cuts and fills will be revegetated within one growing season of construction. The Planning Commission will review subdivisions with slopes on parcels in excess of 15 % intending to consider the following:

• The Commission may permit lot size flexibility within density limits (e.g., clustering) to best achieve safe and reasonable building sites.

• The Commission will review proposed building sites and native vegetation with the intent of requiring or maintaining a screen of access roads, driveways, and structures consistent with fire safety regulations.

• The Commission may require building sites to be set back from ridgelines.

• Visual impact of the subdivision and its building sites may result in the Planning Commission modifying parcel sizes and potentially reducing the number of proposed lots .

• Proof of slope stability will be required as a condition of a final or parcel map submittal.


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E(3) SEWAGE DISPOSAL SYSTEMS

New parcels must have approved areas for onsite or community system sewage disposal if sewer connections are not available and will obtain an approval from the Health Department.

E(4) POTABLE WATER SUPPLY

New subdivision lots will be served by an approved potable water supply. Prior to recordation of a final or parcel map, the subdivider will prove to the satisfaction of the Health Department each new parcel has a supply of potable water meeting requirements for quantity and quality. Proof is as follows:

a. an approved connection from an approved public water provider; or

b. a proposed connection to a shared well which has been pre-approved by the Health Department; or

c. a well, for which appropriate permits and inspections have been approved by the Health Department, has been drilled on the subject property and developed with appropriate casings, and for which improvements may or may not include permanently installed pump equipment; or

d. a demonstration that there can be a source of water capable of producing a sustained potable water supply with storage of at least 1,000 gallons per twelve (12) hour day per dwelling unit , which will be contained within any combination of (a) a potable water storage tank, (b) a static water supply in the well; or

e. other satisfactory proof and wells drilled and tested prior to sale to demonstrate the quantities described in “Section d.” above.

Additionally, if the property is to be served in the future by a well, there will be a requirement to record a disclosure statement concurrently with and referenced on the final or parcel map stating the following:

Water supplies for residential lands are derived from private wells on these parcels. Mariposa County groundwater supplies are found in fractures in the bedrock. The costs associated with drilling and developing a private well is highly variable because it is unknown how much or if any additional water can be found on these parcels. There is no guarantee additional potable water supply of adequate quality or quantity can be found or sustained on any parcel shown on this map.

E(5) WILDLAND FIRE HAZARD AND EMERGENCY SERVICES

All new construction will conform to the regulations of the County Building Department, County Fire Department, and California Department of Forestry and Fire Protection (CDF) for purposes of fire management and fire safety.

E(6) LOCATIONS OF FLOOD ZONE OR RISK OF FLOODING

Land subdivision will be designed in a manner that reduces risk to life and property from flooding. No new subdivision parcels will be created which are wholly within a one-


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hundred-year flood zone. Any new parcel will have adequate development area as defined by the County outside of the flood zone.

Prior to the submittal of an application for subdivision for which the Planning Director determines more than 50 percent of a proposed parcel of ten acres or less is within a 100 year flood plain, the subdivider will be required to submit a flood plain delineation prepared by a professional appropriately licensed to perform such analysis in the State of California.

F. Intensity of Use Standards

The following sections establish criteria for intensity of use in the development of lands within the Residential land use classification. These criteria will be considered equivalent to implementation measures.

F(1) RURAL CHARACTER

Intensity of use will be consistent with rural character. The standards of review and approval for primary and accessory uses are defined in the Mariposa County Code.

F(2) TRAFFIC GENERATION

Any proposed development or use tripling the baseline average daily traffic of 7.5 trips per day from a parcel within the Residential land use classification will be required to obtain a conditional use permit. This is only applicable to all home-based businesses. Accessory dwelling unit traffic generation will not be counted when calculating average daily traffic.

F(3) STORAGE

Appropriate structures and areas for storage will be permitted in the Residential land use classification. Storage structures and shelters must meet the requirements of the Uniform Building Code. No mobile homes, recreational vehicles, truck trailers, or shipping containers will be used as storage buildings on parcels less than 2.5 acres. On parcels larger than 2.5 acres, the County will update County Code to allow for such uses with screening from public rights-of-way. Mobile homes not installed for occupancy in conformance with Title 25 of the California Code of Regulations will be prohibited from being stored on lands classified as Residential in the General Plan.

F(4) EQUIPMENT NOISE

Motorized, mechanized, and power equipment must be operated in conformance with the provisions of the Noise Element.

F(5) PARCEL SIZE

The Planning Commission will take into account site-specific conditions in determining the parcel sizes of a proposed subdivision to assure an adequate building site. Site characteristics to be considered include drainage, slope, soils for on-site septic, access, or other appropriate criteria determined by the Planning Commission. The Commission may modify the number of parcels requested or require changes in parcel sizes based on the criteria and policies within this section of the General Plan. Should the County modify the number of parcels or


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parcel size, the maximum density allowed by the land use designation shall not be exceeded and the approach applied to achieve density compliance shall be enforceable by the County.

F(6) ANIMAL HUSBANDRY

Within the Residential land use classification, animal husbandry will be permitted in scale to the surrounding parcel sizes and land uses. Zoning regulations will not impose limitations on this permitted accessory use, unless it is found to be a threat to the public health, safety, and general welfare.

F(7) MULTIPLE DWELLING UNITS ON PROPERTY

Land zoned Residential can accommodate one primary single-family dwelling and one accessory dwelling unit. Any additional dwelling units require approval of a tentative parcel or subdivision map and compliance with associated conditions prior to issuance of a building permit. All conditions associated with the applicable map must be satisfied prior to building a third dwelling unit. Any placement of more than two mobile homes on a parcel will be considered a mobile home park and subject to a conditional use permit and appropriate development standards, regardless of density.

G. Criteria for New Lands to Be Included

For land to be considered for inclusion into the Residential land use classification of the General Plan, the application will include a specific project and the County will substantiate the findings below.

1. One of the following:

a. the subject property is not under a Williamson Act contract or zoned as a Timber Preserve; or

b. if the subject property is under a Williamson Act contract for which a Notice of Non-renewal has been recorded, there must be less than two years remaining on the contract or as otherwise specified in the contract or state law; or

c. if the subject property is zoned as a Timber Preserve, there must be less than five years remaining on the contract or as otherwise specified in contract or state law.

2. There is a need for additional residential land to meet General Plan goals, respond to changes in County policy, or to meet the Regional Housing Needs Allocation.

3. The subject property will be contiguous on at least two sides to lands within the Residential, Rural Economic, or Planning Area land use classifications.

4. The subject property has access from a maintained road or the proposed project incorporates maintained road access as part of the project description.


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5.3.03 RURAL ECONOMIC LAND USE CLASSIFICATION

A. Purpose

The Rural Economic land use classification identifies land for limited business and commerce to (1) primarily support the needs of local residents, and (2) secondarily support tourism and County visitors. Rural Economic lands are intended to create a local economic unit with the ability to grow and develop in concert with its local service area residential population, reducing local area dependency on vehicle trips to regional commercial centers. Rural Economic land uses provide opportunities for local jobs and a salary base outside of planning areas without creating strips of commercial development.

B. Extent of Uses

B(1) RURAL ECONOMIC/COMMERCIAL SUBCLASSIFICATION

Primary uses are logical suppliers of retail and commercial needs of local residents not in conflict with adjoining land uses. Such uses logically support arts and culture activities and regional tourism incidental to the primary use.

Accessory uses that may be developed after the primary use is in place and that do not conflict with adjoining land use classifications, uses, or County character are those that provide enhancements to the primary use. Residential uses on lands within the Rural Economic land use classification are accessory to the primary use.

B(2) RURAL ECONOMIC/RESORT SUBCLASSIFICATION

Primary uses are those that are self-contained destinations that support regional tourism and can be developed compatibly with adjoining land uses.

Accessory uses that may be developed after the primary use is in place and do not conflict with adjoining land use classifications, uses, or County character are those that provide enhancements to the primary use. Residential uses on lands within the Rural Economic land use classification will be accessory to the primary use.

B(3) RURAL ECONOMIC/RECREATION SUBCLASSIFICATION

Primary uses are those commercial recreation activities that support regional tourism and can be developed compatibly with adjoining land uses.

Accessory uses that may be developed after the primary use is in place and do not conflict with adjoining land use classifications, uses, or County character are those that provide enhancements to the primary use. Residential uses on lands within the Rural Economic land use classification will be accessory to the primary use.

All development within the Rural Economic/Recreation land use subclassification will ensure that adequate housing is available for its employees. If adequate housing is not available within the local community, the development will provide such housing within the project.


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The following zoning districts are consistent with the purpose of the Rural Economic/Recreation and Rural Economic/Resort land use classifications:

Resort Commercial Public Domain

Public Sites

The following zoning districts are consistent with the purpose of the Rural Economic/Commercial land use classification:

Neighborhood Commercial-1 (Indoor) Neighborhood Commercial-2 (Indoor and Outdoor)

Public Domain Public Sites


D(1) MAXIMUM DWELLING UNITS:

Commercial subclassification: One (1) dwelling unit supporting each retail or commercial use will be allowed. Additional dwelling units per project approval and use permits will not exceed a density equal to the number of employees on largest shift of the primary use divided by 2.45.

Resort subclassification: Applications to site a Resort land use will incorporate an analysis of the housing market to ensure there is adequate housing for the total number of employees.

Recreation subclassification: Applications to site a Recreation use will incorporate an analysis of the housing market to ensure there is adequate housing for the total number of employees.

D(2) MAXIMUM ACREAGE AND MINIMUM LOT SIZES:

Commercial subclassification: Maximum of twenty (20) contiguous acres of gross land area.

Recreation subclassification: The minimum developed area must be not less than five (5) acres and the developed area will not exceed thirty-five (35) percent of the total project land area.

Resort subclassification: Minimum of thirty (30) acres of gross land area for the project site.

D(3) MAXIMUM BUILDING INTENSITY:

Lot coverage in the Rural Economic land use classification and all of its subclassification is a maximum of thirty-five (35) percent of the gross land area.


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E. Development Standards

The purpose of allowing commercial uses outside of planning areas is to provide services and convenience for residents in the general vicinity. It is necessary to ensure lands within this classification are ready for development, and a development is proposed for the site.

E(1) DEVELOPMENT PLANS REQUIRED

An application under the Rural Economic land use classification will always be accompanied by preliminary development plans and building permit applications.

E(2) FRONTAGE ON MAINTAINED ROAD

Safe access is required for Rural Economic development. Development within the Rural Economic land use classification will be required to front on a road meeting County road standards. Direct access to State Highways or County arterials should be limited, as appropriate to reduce multiple driveway encroachments, through the use of shared driveways or frontage roads.

E(3) DESIGN

New development in the Rural Economic classification will be compatible with rural character and will be compatible with the intended use and setting. Development will comply with Design Guidelines for the Rural Economic land use classification incorporating performance standards of design for the following:

a. Overall site design: Overall site design will be considered on a comprehensive basis and not as individual components.

b. Viewshed: Views from public rights-of-way in the foreground, middleground, or background will not be obstructed by the bulk or height of a structure. The maximum obstruction of a viewshed must not be more than thirty-three (33) percent.

c. Structure design, landscaping and scenic environment: The colors, materials, texture, and architectural style of a structure will complement the view and not detract from the quality of the view.

d. Landform grading: No grading will be permitted prior to approval of a design review permit and no grading will commence until the necessary grading permits have been obtained. Grading and site design will reflect the natural topography with appropriate terracing and building design into the topography rather than reflective of grading or fill.

e. Site development: Site development will be compatible with rural character and its setting, terrain, and vegetation. This must be reflected in the project’s mass, bulk, height, materials, architectural style, detail, grading, landscaping, and siting.

f. Lighting: Development will comply with established lighting standards.


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E(4) SLOPE

To reduce risk from construction on steep slopes, development sites with slopes over fifteen (15) percent will incorporate landform grading engineered for stability and be designed to match the natural contours and topography blending in with the natural environment. The use of cuts and fills must be minimized. The maximum surface area that can be graded will be in scale to the project site and proposed use, with consideration of the aesthetics, wildlife habitat, and vegetation on the site.

E(5) LANDSCAPING

Landscaping is required as an integral part of project design incorporating the existing landscape features of the site. Existing mature vegetation, especially trees, will be retained to the greatest extent possible. Landscaping with native species suitable to site characteristics is encouraged.

E(6) INDIVIDUAL ONSITE SEWAGE DISPOSAL SYSTEMS

New parcels must have approved areas for onsite sewage disposal if sewer connections are not available and will obtain an approval from the Health Department.

E(7) POTABLE WATER SUPPLY

New development will be served by an approved potable water supply system.

E(8) WILDLAND FIRE HAZARD AND EMERGENCY SERVICES

Rural Economic development will meet fire protection regulations.

E(9) LOCATIONS IN FLOOD ZONE OR AREAS WITH RISK OF FLOODING

Protection from flood hazard will be incorporated in all project approvals in flood hazard zones. When new structures are permitted within the 100-year flood zone or flood plain, structures will be designed in conformance with accepted structural engineering standards.

All flood protection measures, structures, and physical features will be subject to design review and must be designed for consistency with the natural and scenic landscape of the site. Exposed concrete barriers are prohibited unless certified by an independent appropriately licensed engineer acceptable to the County. If any barrier or flood control device is to be exposed concrete, the Planning Commission will review a design which may include the use of stone, simulated stone forms, stamped concrete, or vegetation that will grow over the concrete to block its visibility.

F. Criteria for New Lands to Be Included

Applications for a General Plan amendment to add new lands into the Rural Economic classification will require the submission of a project application for both a zoning district change and a development project concurrently with the General Plan amendment application. The application for a General Plan amendment will specify the applicable land


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use subclassification: “Rural Economic/Commercial,” “Rural Economic/Resort,” or “Rural Economic/Recreation.”

F(1) SEPARATION BETWEEN THE LOCATION OF THE RURAL ECONOMIC LAND USE CLASSIFICATION

For lands proposed for inclusion A minimum separation between a in the Rural Economic/Commercial planning area or another Rural subclassification: Economic/Commercial land use classification

must be three (3) miles; and the service population within the radius of separation must be at least one thousand (1,000) persons as shown in the latest decennial Census as adjusted by the County’s annual population growth rate.

For lands proposed for inclusion None. in the Rural Economic/Resort subclassification outside of a planning area: For lands proposed for inclusion A minimum separation between a in the Rural Economic/Recreation planning area or another Rural subclassification: Economic land use classification should be

three (3) miles or one (1) mile if the site is located adjoining a recreation facility and separated by a topographic change in elevation of three hundred (300) feet or more.

F(2) ACREAGE OR SITE SIZE CONSTRAINTS

For lands proposed for inclusion The maximum size of the cluster in the Rural Economic/Commercial of existing and proposed Rural subclassification: Commercial classification must be twenty (20)

acres. All Rural Economic/Commercial parcels must be contiguous, and will not create islands of Residential or other land use classifications.

For lands proposed for inclusion The minimum area which may be in the Rural Economic/Resort proposed for inclusion within the subclassification: land use classification must be thirty (30) acres

of developed property with resort facilities and amenities.

For lands proposed for inclusion The minimum developed area in the Rural Economic/Recreation must be not less than five (5) acres subclassification: and will not exceed thirty-five (35) percent of

the total land area within the land use classification.


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5.3.04 AGRICULTURE/WORKING LANDSCAPE LAND USE CLASSIFICATION

A. Purpose

The Agriculture/Working Landscape land use classification defines lands for the production, extraction, or harvesting of food, fiber, timber, and minerals on large parcels of 160 acres or greater in size. These lands and their historically and economically important activities are a major contributing factor to the County’s character. The Agriculture/Working Landscape classification incorporates both the County’s traditional ranch lands and timberlands at the mid-elevations of the County west of Yosemite National Park. This land use classification identifies lands where the primary use is the production of agriculture, timber, or mining for economic benefit, which incidentally have scenic value and appear as open space areas. Agriculture/Working Landscape lands are different from lands in public ownership and lands primarily used for resource protection, which are identified in the Natural Resources land use classification.

B. Extent of Uses

The primary uses in the Agriculture/Working Landscape land use classification include single-family dwellings on large parcels, agritourism uses in conjunction with the primary agriculture production use of the property, agriculture, timber, and mining activities requiring large acreages for production activities, and processing. Secondary or accessory uses which may be permitted with an appropriately-noticed public review process include feed lots, lumber mills, and other uses associated with the primary uses that are known to have characteristics which require site specific compatibility review. Lands under Williamson Act contract are subject to the terms and conditions of the contract.

In addition to the traditional uses within the classification, the County permits through a discretionary review (conditional use permit) churches, and organizational camps. In addition, the County permits through a discretionary review (conditional use permit) the creation of resort or visitor uses, which are secondary to the primary uses of agriculture, timber, and mining production. Agritourism is a permitted use when in conjunction with the primary agriculture production use of the property. Such agritourism uses support the County’s goal of encouraging agriculture and regional visitor businesses. Review criteria for the agritourism use will include but not be limited to biosecurity, compatibility for neighboring agriculture uses, and availability of proper infrastructure. A reclassification to Rural Economic/Resort is required to approve a resort or visitor-oriented ranch as the primary use in the Agriculture/Working Landscape land use classification. Agritourism uses in the Agriculture/Working Landscape should be compatible with the surrounding primary uses.


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C. Consistent Zoning Districts

The following zoning districts are consistent with the purpose of the Agriculture/Working Landscape land use classification:

Agriculture Exclusive Mountain Preserve

General Forest Industrial Mining Public Domain

Public Sites The Board of Supervisors has determined that for parcels within the Agriculture/Working Landscape land use designation on the Land Use Diagram, the existing zoning assigned to that parcel, as of December 1, 2006, is consistent with the Agriculture/Working Landscape land use classification.


Maximum dwelling units: Two (2) dwelling units per one hundred and sixty (160) acres of gross land area or a legal quarter section of land; or one (1) dwelling unit per legally existing lot or parcel of less than one hundred and sixty (160) acres of gross land area or a legal quarter section of land. Lands under Williamson Act contract or Timber Preserve contract are subject to the terms and conditions of the contracts.

Maximum building intensity: Ten (10) percent lot coverage or per approved discretionary permit to a maximum of seven hundred thousand (700,000) square feet of structure coverage per parcel. On Agriculture/Working Landscape parcels of less than one hundred and sixty (160) acres or a legal quarter section of land for which a specialty agriculture use is proposed, the discretionary permit may establish a larger lot coverage of up to thirty (30) percent based on site specific conditions, project needs, and appropriate environmental review.

Minimum parcel size for new One hundred and sixty (160) acres subdivisions: of gross land area or legal quarter section of

land. Average population density: 0.02 persons per acre of gross land area.


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F. Criteria for New Lands to Be Included

Lands proposed for The application must be presented Agricultural use: with a recommendation by the Agricultural

Advisory Committee indicating the proposed agricultural use requires the policy protections of the Agriculture/Working Landscape classification and, if applicable, meets standards for Williamson Act contracts.

Lands proposed for timber Minimum 160 acres and compliance Management: with state regulation. Lands proposed for mineral The proposal must be accompanied resource production: by either an application for a mineral resource

permit, reclamation plan, or a report from the California State Geologic Survey showing the land area is within a CSGS mineral resource classification rated 1 or 2.

G. Criteria for Lands Proposed To Be Removed From the Agriculture/Working Landscape Land Use Classification

The General Plan provides for long-term preservation of agricultural uses. The purpose of this section is to establish significant criteria which are applicable to any proposal to change a land use classification from Agriculture/Working Landscape to another land use classification.

Small lot or parcel sizes diminish commercial scale agricultural use potential of an area. The smaller parcels, when sited in close proximity to working agricultural lands create potential conflicts when the accepted agricultural practices are at variance with perceived rural residential lifestyles. The inclusion of lands under Williamson Act contract and within the Agriculture Exclusive zoning district as Agriculture/Working Landscape lands in a community plan is to reinforce the need to preserve and conserve these lands. With the Mariposa County 20-year Williamson Act contract, no Agriculture Preserve is eligible for exit from its contract during the 20-year life of the General Plan through 2026, unless the parcel filed a notice of non-renewal.

Land may be considered for reclassification to a Rural Economic land use designation if the land is not restricted by a Williamson Act contract, or is not within an Agricultural Exclusive zone, or if the land is not within a Timber Preserve zone. The reclassification shall meet the criteria for Rural Economic land use classification as provided in Section 5.4.03.


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Areas of the General Plan classified as Agriculture/Working Landscape and proposed for reclassification to a Residential, Planning Area or Natural Resource land use classification will be reviewed against the following criteria. No land within the Agriculture/Working Landscape land use classification shall be changed to a Residential, Planning Area or Natural Resource land use classification will be approved unless the Board of Supervisors adopts the following findings:

• The subject property is not within an area in which the majority of the surrounding parcels are currently being used or historically have been used for agriculture, timber, or mineral purposes.

• The soils, water rights, topography, terrain, and location are not suitable as an economic production unit of sufficient quality for commercial agriculture production.

• There are no other lands within the proposed land use classification available for the proposed or similar project.

• The characteristics and size of the subject properties make it unsuitable for open space, conservation easements, or other preservation opportunities which further implement the goals and policies of the General Plan.

• The subject property has not been identified in the County General Plan or any area plan as a location with characteristics worthy of preservation within the Agriculture/Working Landscape land use classification.


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5.3.05 NATURAL RESOURCE LAND USE CLASSIFICATION

A. Purpose

The Natural Resource land use classification defines lands for open space, recreation, ecosystem conservation, watershed protection, environmental protection, conservation of natural resources, and protection of public health and safety.

B. Extent of Uses

The primary uses in the Natural Resource land use classification include lands in public ownership, single-family dwellings on large parcels of 40 acres or greater in size, ranches, farms, vineyards, public access, timber management and harvesting, natural resource-compatible recreation access, and land conservation uses or easements. An ecotourism resort may be permitted with a discretionary approval. Churches and organizational camps are allowed subject to a discretionary permit.


The following base zoning districts are consistent with the purpose of the Natural Resource land use classification:

Agriculture Exclusive General Forest

Mountain General Public Domain

Public Sites The Board of Supervisors has determined that parcels within the Natural Resource Land Use Classification on the Land Use Diagram, the existing zoning assigned to that parcel, as of December 1, 2006, is consistent with the Natural Resources land use classification.


Maximum dwelling units: One (1) dwelling unit per forty (40) acres of gross land area or legal quarter quarter section of land.

Maximum building intensity: Ten (10) percent lot coverage for residential or recreation development or per approved discretionary permit. If resource-related, non-residential lot coverage exceeds twenty five (25) percent, a conditional use permit is required.

Minimum parcel size for new Forty (40) acres of gross land area subdivisions: or legal quarter quarter section of land. Average population density: 0.08 persons per acre of gross land area.


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E(2) CRITERIA FOR NEW LANDS TO BE INCLUDED

To be approved for the Natural Resources land use classification, the subject property must be proposed for a zoning district consistent with the purpose of this classification.

Lands proposed for Agricultural use: The application will be presented with a recommendation by the Agriculture Advisory Committee indicating why the proposed agricultural use requires the policy protections of the Natural Resource classification.

Lands proposed for timber Comply with state regulations. management: Lands proposed for mineral The proposal will be resource production: accompanied by either an application for a

mineral resource permit, reclamation plan, or a report from the California State Geologic Survey showing the land area is within a CSGS mineral resource classification rated 1 or 2.

Lands proposed for open No special requirements. space or conservation purposes:


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5.4 RELATED GENERAL PLAN ELEMENTS

5.4.01 RELATION TO THE AGRICULTURE ELEMENT The Agriculture Element differs from the Land Use Element in how it addresses the future of agriculture in Mariposa County. The Land Use Element focuses on what locations in the County should be the primary lands for agricultural uses. The Agriculture Element focuses on enhancing and preserving agriculture as an important component of the County’s economy.

5.4.02 RELATION TO THE CIRCULATION, INFRASTRUCTURE, AND FACILITIES ELEMENT

The Circulation, Infrastructure, and Facilities Element works with the Land Use Element to establish policy requirements and implementation standards related to delivering services to developing properties. A major objective defining the policies in the General Plan is the need for “ready-to-build” land. Ready-to-build land ensures the buyer the County has approved creation of a new lot capable of supporting permitted uses with the required infrastructure for roads, water and sewage disposal. It is recognized the infrastructure needed to ensure ready-to-build land adds cost to the subdivision process. However, it creates a ready-for-building-permit property.

5.4.03 RELATIONSHIP TO IMPLEMENTATION TOOLS

A. Performance Standards vs. Prescriptive Standards

Historically, Title 17 of the Mariposa County Code, Zoning, created “prescriptive” zoning regulations. A prescriptive zoning code prescribes minimum development standards and may undermine efforts at creativity and flexibility. The other type of zoning regulations is called “performance” regulations. Performance standards define objectives to be achieved, including some minimum thresholds. The General Plan provides a policy basis for the conversion of Title 17 from prescriptive to a combination of prescriptive and performance standards.

B. Standards for New Subdivisions

New subdivisions in the County are required to be ready-to-build. It is recognized the “ready-to-build” principal adds cost to the subdivision process and may result in higher land prices. However, this is a full disclosure principle because the increased land cost is directly associated with the value of land being ready for a building permit.

General Plan policies and implementation spell out the need for standards to be adopted as ordinances or regulations. The General Plan is not the regulatory tool, but rather is the policy enabler. When the General Plan specifies a development standard or a range of standards, it means the Board of Supervisors imposes these standards.


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C. Design Review

C(1) INTRODUCTION

Design review is used to accomplish economic development goals associated with the County’s significant asset—scenic views. Most communities implement design review preserving the community’s aesthetic vision.

The General Plan policies associated with design review create multiple tiers of design review. The most intense levels of review occur within designated Historic Districts and along designated scenic highway routes and designated wild and scenic river corridors in the County. Unless located within a historic district, no design review is required for single-family dwellings and no design review is required for agricultural uses.

C(2) RELATIONSHIP OF DESIGN REVIEW AND DEVELOPMENT STANDARDS

Development standards and the design review process work together ensuring that structures and developments complement the County’s overall character.

C(3) COMPONENTS OF DESIGN REVIEW

[A] HISTORIC DISTRICTS

Mariposa County has two communities and several areas identified as “historic districts” on the National Register of Historic Places—Coulterville, Mariposa, and portions of Yosemite National Park. In addition, the County has numerous other sites and structures which are eligible for inclusion on the National Register of Historic Sites and Places. To accomplish General Plan objectives, design review is mandatory within Historic Districts.

As area plans are developed, other communities may identify historic resources worthy of preservation. These communities can address this issue at a local level. Design review of single-family homes is an issue of great policy importance within designated Historic Districts where it is easy to recognize the need for new construction to be developed consistent with historic character.

[B] DESIGN REVIEW AND COUNTY CHARACTER

Throughout the County a variety of scenic landscapes—integral parts of Mariposa’s character—are visible to residents and visitors. The County has opportunities to establish criteria to manage design review in balance with a property owner’s right to develop and the responsibility to maintain County and community character.

[C] SCENIC HIGHWAYS

In the 1990s, Mariposa County established scenic highway corridors review requirements. Protecting the scenic assets of the County requires a properly designed and implemented program creating fair, efficient, and predictable standards that are understood prior to project design.


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[D] WILD AND SCENIC RIVERS

The Federal Wild and Scenic River designation for the Merced River does not impose any special regulations on private lands. Development that complements the vistas and character of a wild and scenic river increases the opportunities for visitors to come and enjoy Mariposa County. The Merced River corridor is an area in which the County affirms protection of the scenic values implemented through a design review process.

[E] AGRICULTURAL BUILDINGS

Agricultural buildings are utilitarian. The County recognizes the design and character of such structures can have an impact on scenery. Balancing the need to encourage and improve agricultural economy with the scenic character creates a policy choice—construction of agriculture buildings for agricultural purposes is not subject to design review.

[F] COMMERCIAL AND INDUSTRIAL

Construction of commercial and industrial structures and facilities can create major impacts—both positive and adverse—on the scenic landscape. As such, these buildings are to be subject to design review.

[G] PUBLIC FACILITIES

All public facilities are subject to design review procedures.

[H] MOBILE HOME PARK DESIGN STANDARDS

Mobile home parks provide opportunities for affordable housing. The mobile home parks in the County tend to create a high-density residential setting. Mariposa County recognizes the importance of maintaining a certain quality of life that is part of the County’s character. To ensure that residents have a basic quality of life, it is important that high-density housing sites incorporate amenities to accomplish this goal. This means new mobile home parks in the County will have to meet minimum standards of site design and development requirements.

C(4) DESIGN REVIEW DECISION-MAKING

Design review can be implemented in several different ways: a staff decision review process with the opportunity for comment, a dedicated design review committee with members of the public and professionals, or a combination of Planning Advisory Committee review combined with Planning Commission action.

D. Landscaping

Landscaping is part of the overall project development intended to enhance appearance of the project site and maintain rural character. Issues considered include topography and retention of existing trees, shrubs, and vegetation as a part of the overall project design. Integration of landscaping into project design accomplishes many goals.


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E. Sign Regulation

Regulation of sign size, shape, color, materials, texture, and lighting are based on location of the business, the service classification, and the type of traffic.


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5.5 RELATIONSHIP OF SPECIFIC PLANS TO GENERAL PLANS AND AREA PLANS

Specific plans are used as specified in California law and are not typically used for planning areas within the General Plan. A specific plan is an implementation tool of the General Plan or of an area plan. The Towns of Mariposa, Coulterville, Wawona and Fish Camp, however, have adopted Town Planning Area Specific Plans that also serve as their area plans. For Mariposa and Coulterville, the name of the plan will change from “specific plan” to “town plan”. For Fish Camp and Wawona, the name of the plan will remain “town planning area specific plan”.

Additionally, as defined by the state, specific plans are implementation tools to more precisely define land use, zoning, and development standards for a large project or limited area of the County. The use of a specific plan is intended to carry out General Plan implementation measures for large or complex projects developed over an extended period of time. Specific plans connect to the General Plan as an implementation tool, not a replacement for the General Plan. Specific plans prepared for projects within planning areas likewise implement the area plan. The relationship of the specific plan to an area plan is exactly the same as the relationship of the specific plan to the General Plan. A specific plan may be more restrictive, but never less restrictive than, or inconsistent with, the area plan. However, a specific plan must always be consistent with the General Plan. The County may utilize specific plans for areas in which it wishes to more precisely direct development and define how infrastructure will be developed, phased, and financed.

The specific plan may propose changes to the County General Plan or an area plan to create consistency, but the proposals are subject to policy-level scrutiny and analysis to determine the greater impacts on a countywide or planning area basis.


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66 EECONOMIC CONOMIC DDEVELOPMENTEVELOPMENT

he Economic Development Element creates a long-range plan for strengthening and diversifying the County’s economy. In accordance with strategic plans developed by the Board of Supervisors, the Economic Development Element’s goals and policies establish the direction for the County’s economic future.

The General Plan’s economic policies accomplish three key objectives.

• Financial stability for delivery of County services

• Economic sustainability for business development

• Diverse work opportunities for County residents

6.1 ECONOMIC DEVELOPMENT ISSUES AND SUMMARY OF MAJOR FINDINGS

The economy of Mariposa County is one issue of the General Plan. The following are among the primary issues and major findings for the achievement of economic development in the County.

• Livelihood and County Character

• Growth and Economic Development

• Brand Positioning and Marketing

• Diversification

• Enhancing the County’s Economic Sectors

• The Public-Private Partnership

T


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6.1.01 LIVELIHOOD AND COUNTY CHARACTER What is the connection between the County’s economy and character that makes economic development an important concern for Mariposa County? On the one hand, the character and performance of the local economy provides the livelihood of County residents, businesses, and public institutions. On the other hand, economic activity is tightly woven into the fabric of Mariposa County daily life, contributing to the County’s character and quality of life.

Mariposa County residents have relatively little control over outside economic forces affecting the local economy. However, the County does have an ability to plan for and capitalize on regional, national, and global economic forces to benefit the local economy and elevate the economic status of its citizens.

6.1.02 GROWTH AND ECONOMIC DEVELOPMENT Growth is an issue for County residents for differing, and often opposing, reasons. Does economic development result in, or from, growth? What kind of growth? In one sense, economic development means growth—it may result both from, and in, different kinds of growth. By definition, growth is an increase in population, or it also can be an increase in building occupancy rates, personal income, and in the ability of the County to provide services. Growth provides indigenous capital for local investment, an aspect of capital missing in the County.

6.1.03 BRAND POSITIONING AND MARKETING In another sense, economic development means diversification of business. One of the ways that communities attempt to attract new business investment and position themselves with potential investors is through an image or “brand” that identifies the community and its assets. To the extent that Mariposa County has an image in the public mind, this association is with Yosemite National Park. While Yosemite provides the County with a symbol that is recognized worldwide, the symbol of Yosemite does not necessarily translate into an image for the County as a whole. The lack of a Mariposa County “brand” creates an additional hurdle in the County’s efforts to develop its economy.

Successful economic development requires that a Mariposa County brand identification be created. Establishing brand identification for Mariposa County as a destination in itself and as an important part of the Yosemite experience creates opportunities to improve the local business environment.

Marketing the Mariposa brand identity will require the enhancement of existing assets and the development of new assets to interested visitors, thereby giving them reasons to stay in the County longer, and encouraging them to spend more money locally. History, scenery, culture, arts, specialty and regional agricultural products, entertainment, shopping, and non-Yosemite recreation are examples of assets that currently exist in Mariposa County (in varying degrees) and can be further developed to market the Mariposa brand.


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6.1.04 DIVERSIFICATION Simply speaking, diversification means a dual focus on strengthening the existing economy while creating new economic opportunities. For Mariposa County, it means a twofold approach enhancing countywide tourism related businesses and extending the tourism seasons (which expands and stabilizes employment), while expanding the County’s economy to career-oriented, non-tourism related businesses. This kind of diversification reduces dependency on tourism and creates higher-paying career opportunities for County residents.

There are three aspects to expanding the County’s economy: relocation of outside business into the County, expansion of existing businesses, and creation of new businesses. Businesses need basic components to be in place as incentives for relocation such as available sites, adequate infrastructure, skilled (or trainable) employees, educational and training opportunities, other employment opportunities for family members, and suitable affordable housing.

The General Plan’s strategy creates diverse businesses from the County’s fundamental economic assets and unique market positions. This strategy is developed first by General Plan goals and policies that can be incorporated into the Mariposa County Economic Development Strategic Plan.

6.1.05 ENHANCING THE COUNTY’S ECONOMIC SECTORS

A. Expansion of the Visitor-Serving Economy

Resource extraction, agriculture, and tourism were pivotal in the early development of Mariposa County’s economy. Agriculture remains important, but the decrease of mining and logging activity has left tourism as the largest single sector of the local economy entering into the first part of the 21st Century.

The tourist economy creates a dichotomy in Mariposa County. On the one hand, the County’s small town character—particularly the historic communities of Mariposa, Coulterville, and Hornitos—adds to the visitors’ experience as they pass through on their way to Yosemite National Park. On the other hand, the County’s tourism potential outside of Yosemite National Park really has not been fully realized.

Expanding the visitor economy is an important short-term economic strategy. This expansion will be accomplished through a number of different efforts, but the primary goals are to extend the “season” from five to nine months or longer, increase lengths of stay and room occupancy rates, and make Mariposa County, outside Yosemite National Park, a major destination for visitor activities.

General Plan land use policies and the Economic Development Strategic Plan will encourage the development of destination resorts and hotel facilities in appropriate locations in Mariposa County.


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B. Improving the Local Economy

B(1) THE EXISTING LOCAL ECONOMY

The Mariposa County economy can be described as a service-producing economy with concentrations of employment in the accommodations industry, governmental services, retail trade, and eating and drinking establishments. The local economy is heavily weighted to servicing visitors rather than local residents. Few businesses export goods and services outside the County; those businesses represent a small portion of the County’s overall economic activity.

A large percentage of sales dollars, which could be spent in Mariposa County, are spent in neighboring counties instead. Part of the reason why residents and visitors spend sales dollars outside of the County is that Mariposa lacks the population base to support the large supermarkets, national chain drug stores, department stores, and many other businesses offering a broad array of goods and services.

B(2) EXPANSION AND DIVERSIFICATION

Businesses that export goods and services outside the County can help support the local economy. The County encourages the development of new agricultural products and businesses to strengthen the local economy.

B(3) BUSINESSES IN THE HOME

Home-based businesses have long been a significant factor in Mariposa County for their contribution to both the County economy and character. Therefore, the County has encouraged home businesses with relatively few restrictions through its long-standing “Home Enterprise” and “Rural Home Industry” regulations. However, as the County has grown, two important questions have arisen.

• First, what is an appropriate home-based business in the rural areas outside the County’s planning areas for which the General Plan addresses most business activities?

• Second, how should the General Plan address the case where a business in the home has grown to the point it needs to be in an appropriately designated business location?

Because both the County population and businesses in the home will continue to proliferate and grow, the General Plan must address the issue of compatibility with adjacent uses underlying these questions. The compatibility issue becomes more complicated as home businesses grow or as adjoining undeveloped parcels are developed.

Ensuring businesses in the home requires clear policies and standards for compatibility with neighboring uses and viable sites for relocation within nearby communities. This provides the basis for the required “fair share” of lands in planning areas to accommodate relocation of rural home industries and growing home enterprises.


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[a] HOME OFFICE

A home office is simply a business in the home conducted from a few rooms within the home, usually a den or bedroom. A home office requires little if any customer traffic, deliveries arrive via one of the express delivery services, such as UPS or Federal Express, and the business is generally invisible to neighboring property owners. Home offices can be compatible within many zoning districts or type of dwelling unit.

[b] HOME ENTERPRISE

Home Enterprises have long been permitted in Mariposa County. Home Enterprises are based in residential areas and generally involve a service or sales of products fabricated or produced onsite. Home Enterprises may operate with more than one employee. The traffic threshold determines whether or not a hearing is required prior to the business commencing operations. Depending on location and surrounding land uses, Home Enterprises on parcels under five acres in size may not be appropriate for allowing either employees, customer traffic, or both.

Home Enterprises are the foundation of economic diversification. The vast majority remain small businesses at home; however, some Home Enterprises become successful and grow. The purpose of the Home Enterprise is to allow the business to “incubate.” If it outgrows home usage, it needs to be relocated to appropriately zoned lands. This is one reason all Planning Areas—except Wawona and Fish Camp—are required to designate lands for a fair share of business relocation.

Mariposa County has successfully grown and encourages the development of Home Enterprises. It is important to the County to ensure that these types of businesses do not encroach on residential neighborhoods and are compatible with their surrounding neighbors. The County will develop criteria for Home Enterprises with the objective to achieve a compatible balance between the interests of neighbors and the needs and success of the Home Enterprise. Potential criteria to be considered include traffic, noise, safety, dust, size of parcel, character of neighborhood, type of business, and visual compatibility of structures.

[C] RURAL HOME INDUSTRY

Rural Home Industries differ from Home Enterprise. The purpose of the Rural Home Industry is to allow a business to grow on appropriately zoned and developed property.

In general, the County Code will specify the standards. The basic criteria for a Rural Home Industry shall establish a requirement for a minimum parcel size, access on a maintained road, and a maximum of three non-family employees.

C. Connecting to the Regional Economy

For many years, because of the importance of Yosemite National Park tourism, the national and global economy has had more of an impact on Mariposa County than the regional California economy. Within the past few years the County has become more closely linked to the economy of the Central Valley. Growth in other surrounding areas, such as Modesto and Merced, coupled with attractive land and housing prices in Mariposa County encourages living in rural Mariposa and working outside the County.


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Historically, growth in California’s Central Valley cities puts significant development pressure on adjacent foothill counties. Fresno growth impacts are visible in eastern Madera and portions of Mariposa County, while growth in the Modesto urban area has affected northern Mariposa County. Merced County’s plans for accommodating the University of California/Merced campus are repeating the sprawling urban growth patterns of other Valley cities in the 1980s and 1990s.

The combination of natural and scenic qualities; three universities within easy commutes; quality County schools; and high-speed, accessible, reliable communications and data transmission provide the County with advantages to attract small-scale businesses not requiring proximity to their customers or markets.

6.1.06 THE PUBLIC-PRIVATE PARTNERSHIP Economic development requires investment, both public and private. Economic development requires adequate infrastructure, including libraries, parks, museums, cultural centers, tourism support, and circulation systems (such as airports, roads, public transit), all of which are strong contributors to the successful local economy. Providing public infrastructure is an important role of County government. The public-private partnership functions by the County priming the pump with infrastructure investment and the private sector reinvesting in the County.

Accomplishing economic development goals require the County to be an active partner with the private sector, community based organizations, and the public at large. The General Plan cannot be achieved without the involvement of the Board of Supervisors, the private sector, and the public. Only if the County government, private business, and public join together can the County actually diversify the economy.

The General Plan does not envision County government as the sole economic engine; rather its role enables other segments to work together in achieving County economic development goals while pursuing their own missions and objectives.

6.2 GENERAL PLAN IMPLEMENTATION Goal 6-1: Pursue sustainable economic growth. Policy 6-1a: Create and maintain an economic development function as a part of

County Government.

Implementation Measure 6-1a(1): The County Administrative Officer will hire an Economic Development Coordinator within the County Government. Timing: Intermediate-term Responsibility: Board of Supervisors. Fiscal Impact: Funding for staff and supporting equipment and

operations. Ongoing long-term cost. Consequences: The Board of Supervisors moved in this direction in 2001,

at the time of General Plan preparation; the future of this County function was vacant. The General Plan depends on a central contact point for economic development in order to coordinate the County’s partnership role. It is not envisioned that this role is necessarily to recruit new


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business, but during the long-term planning period, it is a possibility—if the County has infrastructure available.

Policy 6-1b: Adopt a long term strategic plan for diversifying and strengthening the economy with an active public-private partnership.

Implementation Measure 6-1b(1): The Board of Supervisors should adopt an ongoing Economic Development Strategic Plan, including an assessment of assets, definition of target markets, specific implementation activities, assigned responsibilities, measurable objectives, and metrics to measure progress. The plan should contain provisions for destination resorts and hotel facility development. Timing: Short-term Responsibility: Board of Supervisors and County Administrative Officer. Fiscal Impact: Allocation of budget to support development and adoption

of the plan. Consequences: While the General Plan assumes the role of a strategic

plan, a comprehensive economic development strategy is needed at a higher level of detail than appropriate for the General Plan. This is a critical component to the success of the County’s business plan.

Implementation Measure 6-1b(2): On an annual basis, the Board of Supervisors shall review accomplishments of the Economic Development Strategic Plan. Timing: Ongoing Responsibility: Board of Supervisors, County Administrative Officer. Fiscal Impact: Unknown budget costs. Consequences: This policy requires the County to annually assess

accomplishments of individual components in the County’s economic development strategy.

Goal 6-2: Position the County to capture economic development opportunities through brand identification.

Policy 6-2a: Establish a Mariposa County brand based upon the County’s strategic characteristics and unique assets.

Implementation Measure 6-2a(1): The County should develop a clearly defined Mariposa County brand and supporting marketing program. Timing: Intermediate-term Responsibility: County Administrative Officer. Fiscal Impact: Unknown operational and administrative costs. Consequences: This policy initiates an effort for the County to define its

market niche. Implementation Measure 6-2a(2): The County shall implement the marketing program,

successfully establishing the brand within target economic markets. Timing: Intermediate-term Responsibility: County Administrative Officer. Fiscal Impact: Unknown marketing and advertising costs. Consequences: Implementation measures should be part of the Strategic

Plan.


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Goal 6-3: Expand job opportunities, increase personal income, and strengthen the Mariposa County economy through economic diversification.

Policy 6-3a: Promote programs strengthening and retaining existing County businesses, creating new businesses, and providing an attractive environment for relocating appropriate businesses.

Implementation Measure 6-3a(1): The County Economic Development Strategic Plan should include a proactive business retention and growth program to be implemented during the short-term planning period. Timing: Intermediate-term Responsibility: County Administrative Officer. Fiscal Impact: Administrative costs. Consequences: This policy has the Board of Supervisors more closely

involved in the County’s job market for purposes of growing local businesses.

Policy 6-3b: Increase the total funding available for economic diversification by improving access to capital.

Implementation Measure 6-3b(1): The County should support programs to assist in the acquisition, and administration of grants as part of its economic development function. Timing: Ongoing Responsibility: Board of Supervisors, County Administrative Officer. Fiscal Impact: Up front personnel costs or consulting costs to seek out

grants. Consequences: This policy requires the Board of Supervisors to either

contract with a grant consultant or to hire one as part of staff.

Implementation Measure 6-3b(2): As part of the business retention and attraction program, the County should establish working relationships with local and regional financial institutions to serve as potential sources of financing for establishing and expanding businesses in the County. Timing: Intermediate-term Responsibility: County Administrative Officer. Fiscal Impact: Nominal within Department administrative costs. Consequences: This Measure requires the County to establish business

relationships that can be turned into resources for local businesses needed for various types of business capital.

Goal 6-4: Strengthen and diversify the Mariposa County economy by connecting and capitalizing on economic opportunities in the region.

Policy 6-4a: Improve the ability to connect business in Mariposa with business in the region.

Implementation Measure 6-4a(1): Meet with leaders from telecommunication companies serving the County to bring high-speed telecommunications to Mariposa County. Timing: Intermediate-term Responsibility: Board of Supervisors.


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Fiscal Impact: Ongoing. Consequences: This policy continues the Board’s commitment to the

objectives of San Joaquin Access. Policy 6-4b: Utilize the development of the University of California/Merced campus as

a stimulus for economic development in the County.

Implementation Measure 6-4b(1): Incorporate an assessment of potential businesses created by the University of California at Merced in the County’s Economic Development Strategic Plan. Timing: Intermediate-term Responsibility: County Administrative Officer. Fiscal Impact: Staff time. Consequences: Implementation of the strategic plan.


6.3.01 RELATION TO THE LAND USE ELEMENT The Land Use Element defines areas of the County that are appropriate for economic development and provides standards for development in these areas. They include, but are not limited to:

• development in planning areas,

• development in Rural Economic areas, and

• development in Agriculture/Working Landscape areas.

6.3.02 RELATION TO THE ARTS AND CULTURE ELEMENT • The Arts and Culture Element includes policies that address linkage of arts and

culture to economic development, including:

• recognition of the role of arts and culture in the economy of the County, and

• opportunities for the development of cultural tourism.

6.3.03 RELATION TO THE HOUSING ELEMENT The Housing Element recognizes the linkage between economic development and adequate housing for existing and potential residents through programs addressing the availability of housing, including:

• supporting efforts to improve the supply of affordable housing, and

• increasing opportunities for home ownership.

In addition, the Housing element also addresses the question of balance between jobs and housing as an aspect of economic development.


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6.3.04 RELATION TO THE AGRICULTURE ELEMENT The Agriculture Element recognizes that agriculture will continue to play a significant role in the County’s economy with policies that address the future viability of agriculture as an economic sector, including:

• maintaining the economic sustainability of Agriculture/Working Landscape areas,

• allowing agriculture interests to preserve economic viability, and

• growing the agricultural economy, including such adaptive uses as agritourism.

6.3.05 RELATION TO THE CONSERVATION AND OPEN SPACE ELEMENT

The Conservation and Open Space Element addresses the conservation and development of the County’s resources as economic assets while maintaining compatibility with the County’s natural environmental character, including:

• protecting and managing the County’s water resources to provide a safe and sustainable source of water,

• providing for the compatible development of the County’s mineral resources, and

• protecting significant timberlands and providing for sustainable development of timber resources.

6.3.06 RELATION TO THE REGIONAL TOURISM ELEMENT The Regional Tourism Element focuses on regional tourism issues related to the County’s character and regional recreation opportunities that support and complement the Economic Development Element, including:

• protecting and enhancing the County’s natural attractions that support regional tourism activities, and

• improving visitor access (both on-road and off-road) to provide greater opportunities to experience less-traveled areas of the County.

6.3.07 RELATION TO THE HISTORIC AND CULTURAL RESOURCES ELEMENT

The Historic and Cultural Resources Element recognizes the contribution that preservation rehabilitation and creative and adaptive use of historic resources can make to the County’s tourism development, through:

• building upon the County’s historic scenery to increase tourism opportunities, and

• creating historic districts to preserve the County’s historic character and promote tourism.


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77 AARTS AND RTS AND CCULTUREULTURE

his Element identifies issues and delineates programs supporting and developing arts and culture in Mariposa County. Arts and culture play important roles in the life of the County for the enjoyment of residents. They enrich community life, support personal growth and development, and are an important part in the County’s economy. Arts and culture are essential parts of Mariposa County.

The Arts and Culture Element differs from the Historic and Cultural Re-sources Element in that the Arts and Culture Element integrates the arts into the County’s daily culture and economy. The Historic and Cultural Resources Element recognizes the critical importance of preserving the County’s past as integral to Mariposa’s cultural and economic future.

7.1 ARTS AND CULTURE ISSUES AND SUMMARY OF FINDINGS

Mariposa County recognizes the essential value arts and culture provide to the County’s economy, character, and quality of life. It is further recognized that for Mariposa County the arts are broadly defined. The arts generate revenue for the local economy and benefit every aspect of the community. Therefore, the Arts and Culture Element addresses the following issues.

• Arts and Community Fabric

• The Role of Arts and Culture

• Arts, Culture, and Economic Integration

• Places for Arts and Cultural Activities

• Art in Public Areas

• The Role of County Government

7.1.01 ARTS AND COMMUNITY FABRIC Art brings the County together, creating situations not merely for enjoyment, but also for dialogue, thought, and growth. Embracing the arts adds creativity to the community’s character. When the arts become a part of the social fabric of the County, it raises the esteem countywide.

Across the country, it has been proven that recognition of arts and culture is a source of civic pride. An arts and culture identity results in improved recognition of the County as seen by target markets. Commitment to the arts builds bridges between cultures. The arts industry

T


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provides Mariposa County with a clean and quiet industry creating an aesthetically pleasing place to visit and live.

7.1.02 THE ROLE OF ARTS AND CULTURE Arts and culture play an important part in County life. The educational, social, and economic benefits the County receives from the expansion and integration of art and cultural activities in both private and public spheres are not always clearly defined or appreciated. Whether the recognition of art in Mariposa County starts with petroglyphs of the indigenous residents or the brush stroke of the first Spanish visitor, the County is the home of artists, artisans, and other cultural professionals who have a consistent impact on the economy and character of the region. The County attracts internationally acclaimed artists. Mariposa County’s historic character and landscape provide the fount of inspiration for such scenery as rolling oak foothills, Yosemite National Park and the High Sierra.

Art has the power to change policy. If it were not for the historic works of writers, painters, and photographers in the late 19th Century and early 20th Century, Yosemite National Park would not exist today. Had these cultural advocates not created their works, Mariposa County would have a far different legacy today.

Cultural tourism—attracting visitors to arts and cultural events as a destination or part of an overall tourism experience—is a major contributor to economic development of the County. Cultural tourism can attract visitors who might otherwise not come to Mariposa County. Additionally, it provides opportunities for visitors enjoying other County attractions to lengthen the time spent and the dollars left in the County. Promotion of themed itineraries or promotions among arts and cultural organizations, as well as special events are a means to encourage extended stays among visitors. Music and arts festivals have proven to be successful in similar locations in California.

Becoming a central place for arts in California requires a concerted effort to create an arts environment. This is accomplished through the presentation of works by artists, artisans, and performers. It is achieved by creating local support for the arts. Art is a significant attractor to the casual visitor. It provides street-side opportunities for visitors to walk through the community—thus exposing tourists to the various retail stores and services offered in the community. The Historic District walking tour is one example of providing an active visitors’ experience.

It is common in cities and counties throughout the world, including Mari-posa County, for art to be acquired for public display and viewing. Local businesses have a tremendous opportunity to tie the arts and culture into the economic engine by continuing to display historical depictions, murals, sculpture, furniture, or other works of arts. Architecture and landscaping reflect various aspects of the County’s artistic history and culture.

7.1.03 ARTS, CULTURE, AND ECONOMIC INTEGRATION The County needs to create the environment necessary for the arts industry to develop as a successful contributor to an expanding countywide economy.


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Developing programs to promote and enhance the arts as an economic force in Mariposa County requires innovative public-private partnerships and vigorous community leadership. A role of the Board of Supervisors is, in collaboration with community-based organizations, to support strategic objectives for action.

7.1.04 PLACES FOR ARTS AND CULTURAL ACTIVITIES Arts and cultural activities are a viable part of life in the County. Appropriate spaces in which artists can create, display, and perform, and in which the audience can participate, are essential. The availability of appropriate venues for art and cultural activities and events is a key element in the creation of an image of Mariposa County as a place where the arts thrive and are important for both residents and visitors. Creating space for art and year-round performance venues add to the County’s ability to incorporate art and culture into its economy and character. Additional facilities are needed to support a full spectrum of performances, exhibit space, meetings, and related activities.

7.1.05 ART IN PUBLIC AREAS The County acknowledges a community desire to display art countywide.

Mariposa has limited examples of artwork in public areas. As areas grow and the arts become a greater influence, many communities have increased interest in displays of art in public areas.

There is significant variety in how art appeals to individuals. When art is publicly displayed or prominently displayed in public spaces, there is a need for a review and approval process. The purpose is not to censor, but to balance artistic merit with community expectations and standards of appropriateness. This review is an appropriate service of the County Arts Council.

7.1.06 THE ROLE OF COUNTY GOVERNMENT The role of the County government is to create an economic climate in which the arts are a part of the County’s growth and economy.


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7.2 GENERAL PLAN IMPLEMENTATION Goal 7-1: Position the County to act as a catalyst for the arts in the

community. Policy 7-1a: Diverse community members represent the Board on issues associated

with the arts in the County.

Implementation Measure 7-1a(1): Support the Mariposa County Arts Council in advising the Board on the arts.

Timing: Ongoing Responsibility: Board of Supervisors. Fiscal Impact: Staff costs. Consequences: Promotes the arts as part of the economy.

Goal 7-2: Broaden support for and recognition of the arts as an important aspect of County character and economy through the development of programs and partnerships.

Policy 7-2a: Increase public awareness of and support for the arts as an integral part of life in the County.

Implementation Measure 7-2a(1): The County should support community-based programs that increase awareness of the arts. Timing: Ongoing Responsibility: Mariposa County Arts Council. Fiscal Impact: Administration and operational costs. Consequences: This policy requires the County to support the arts.

Policy 7-2b: To enhance economic return to the community, the County participates in arts and culture programs.

Implementation Measure 7-2b(1): The County should include the arts in its ongoing marketing and promotion programs. Timing: Ongoing Responsibility: Mariposa County Arts Council, Economic Development. Fiscal Impact: Staff and marketing costs. Consequences: Promotes the arts as part of the economy.

Policy 7-2c: The arts are part of the County’s economic development strategic planning.

Implementation Measure 7-2c(1): Integrate the arts as part of the County’s Economic Development Strategic Plan. Timing: Intermediate-term Responsibility: Board of Supervisors, County Administrative Officer,

Mariposa County Arts Council. Fiscal Impact: Implementation may have costs. Consequences: Promotes the arts.

Policy 7-2d: Non-commercial public displays of art are used to enhance community character.


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Implementation Measure 7-2d(1): The Planning Commission and the Mariposa County Arts Council may collaborate to prepare an ordinance addressing the review process, standards, and guidelines for public displays of art in County facilities. Timing: Intermediate-term Responsibility: Mariposa County Planning Department, Mariposa County

Arts Council. Fiscal Impact: None. Consequences: Ensures the County Code does not prohibit displays of

non-commercial art and incorporates the Mariposa County Arts Council in that regulatory planning process.


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88 HHOUSINGOUSING

he Housing Element is one of seven mandatory general plan elements. The Draft version of the Element is reviewed by the California Department of Housing and Community Development (HCD) to obtain an opinion of content sufficiency measured against State requirements. The Department reviewed the Draft Element as recommended by the Planning Commission, and identified changes necessary to find the Element in substantial compliance

with State statute. The Board of Supervisors reviewed the Draft Element with the changes sought by the Department of Housing and Community Development. When adopted, this version of the Element may need some additional revisions to its Final versions following a second HCD review. The Housing Element will also be reviewed again by the Board of Supervisors as part of the comprehensive General Plan occurring concurrently with the adoption of the General Plan Update. It is likely that any changes recommended by the Department of Housing and Community Development will be incorporated at that time.

Mariposa County’s Housing Element provides solutions to local housing challenges. When implemented, the Housing Element provides measures increasing opportunities for housing affordable to first time homebuyers, improved quality rentals for those who are not ready to be home owners, and solutions for seasonal employee housing and the changing housing needs of seniors.

This Element applies to the entire County, including all Town Planning Areas and specific plans. California Housing Element content requirements are dictated by the State. The content of this Element complies with the requirements of State law.

8.1 SCOPE AND REVISION OF THIS ELEMENT The Housing Element revision has been prepared in accordance with state law and guidelines adopted by the Department of Housing and Community Development (HCD) as published in Housing Element Questions and Answers. The County reviews this element annually to evaluate the effectiveness of programs and progress in implementation. The 2003 Element Update is the third major revision of the Housing Element by Mariposa County.

T


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8.2 PUBLIC PARTICIPATION The County of Mariposa initiated its General Plan , including the Housing Element update in November, 2000. During December 2000 and January 2001, the County developed its public participation program and outreach for a coordinate General Plan, including the Housing Element.

The County’s Housing Element outreach included direct meetings with the National Park Service and Yosemite Concession Services. The meetings with the Park Service occurred and continued in 2001, 2002, and are still continuing in 2003. During Spring 2001, the County held meetings with local housing organizations and County departme nts advocating for these organizations. These include the Southern Native American Indians, the Senior Center, the County’s Housing Division of the Human Services Department, and representatives for emergency shelters and advocates for housing to meet special needs in the County. Their comments, recommendations, and input are reflected throughout the Housing Element.

As a part of the General Plan, the Housing Element was part of the public hearing process during the week of August 9 through 17, 2002 with formal public hearings in Catheys Valley, Coulterville, El Portal, Mariposa, and Fish Camp. Additionally, Housing Element issues were discussed at the more than fifty community meetings during the “Road Show” in July, 2002 and “Road Show II” in March, 2003. The Commission held a series of public workshops on the Housing Element in February 2003 before taking its action to recommend approval on April 4, 2003.

The Board of Supervisors held a public hearing on the General Plan on September 16, 2003, interactive public workshops on the Housing Element on November 25, December 2, 9, and 16, 2003, and January 6 and 13, 2004, and special public hearings on the Housing Element on December 9 and 16, 2003, January 6 and 13, 2004. Following the public hearings, the Board directed final revisions to the Element, its negative declaration, and adopting resolution. The Housing Element was adopted on January 13, 2004.

8.3 HOUSING MARKET ANALYSIS This chapter provides information on population, employment and household characteristics.

8.3.01 POPULATION

A. Trends and Projections

As occurred in most other Foothill counties10 between 1980 and 1990, Mariposa County was one of the fastest growing counties in Northern California on a percentage basis. Between 1980 and 1990 the population increased nearly 30 percent from about 11,000 to over 14,000 people. The County’s growth is the result of people moving into the County, rather than from a natural increase (births exceeding deaths) of the resident population.

10The “Foothill Counties” are Nevada, Placer, El Dorado, Amador, Calaveras, Tuolumne, and Mariposa counties.


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Between 1990 and 2000, the County’s population increased from 14,302 to 17,130 residents, an increase of nearly 20 percent. The California Department of Finance (DOF) estimated the County’s population at 17,195 in 2001. Much of the growth in the County’s population since 1990 has resulted from the migration of families from urban areas of the state.

Table 8-1: Decennial Census Trends and Future Projections11 Year 1960 1970 1980 1990 2000 2010 2020

Population 5,064 6,015 11,180 14,302 17,130 25,193 36,862

Percent Change

-- 18.8 28.8 27.9 19.8 25.0

B. Population Composition

The ethnic composition of Mariposa County is predominantly white, accounting for 89 percent of the County’s population. Individuals of Hispanic Origin and Native Americans account for nearly all of the remainder of the population.

C. Age Distribution

The 1990 and 2000 Census age distribution was nearly identical. In 1990, the County’s median age was 39.5 years old. In 2000, the median age increased to 42.5 years old. It is widely believed that Mariposa County has a predominantly older population. However, the percentage of population by age group changed very little from 1990 to 2000, largely due to the influx of younger households and families during the 1990s.

11California Department of Finance, 2002.


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The key age characteristics

show that 24 percent of the population is under 19, while 17 percent of the population is over age 65. The largest age groups are 35 to 44 and 45 to 54, account for approximately 16 percent of the population each, or 32 percent of the County’s total population.

One major factor to the demographics

of the County

of Mariposa is that the many new retired households in the County are from in-migration, not retirement of existing working households. Many were regular visitors to Yosemite National Park who wanted to relocate close by. Some are attracted by the scenery and the affordability. Others just wanted to move from urban living to rural living, an opportunity afforded by retirement. This creates an entirely different type of housing demand than experienced in other areas of the state where local populations remain after retiring. The County of Mariposa sees more people building homes as the place to spend their golden years.

D. Household Characteristics

D(1) NUMBER OF HOUSEHOLDS

According to the 2000 Census, there were 6,613 households countywide. By 2001, DOF estimates that the number of households increased to 6,674. The Department of Finance projects that by 2008, the number of households countywide may number between 7,889 and 8,424. This is an increase of 1,262 to 1,620 new households. While some new households will be absorbed into existing housing stock, additional housing must be constructed to accommodate the increasing number of new households.

Figure 8-1: Population Demographics by Age, Census 2000


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Table 8-2: Housing trends and projections Year 1990 1995 2000 2001 2008

Households 5,697 6,400 6,613 6,674 8,187 California Department of Finance, US Census 2000, Summary File 1, April, 2000. The remaining 6 percent of housing units are held for occasional use or vacant.

D(2) HOUSEHOLD SIZE

According to Census data, the average number of persons per household in the County was 2.52 persons in 1990. This had decreased to 2.37 persons in 2000. The current data are similar to the 1980 Census figure of 2.48 persons per household. In California, household size has been decreasing as more single-person households have been formed and divorced and widowed persons form their own households.

D(3) TENURE

The 2000 Census data show that countywide, 70 percent of the occupied housing units are owner occupied and 30 percent are renter occupied, which is the same ratio as 1990. Statewide, only 54 percent of housing units are owner occupied, 40 percent are rented12. Two reasons for the higher rate of homeownership in Mariposa County may be the large proportion of mobile homes (which tend to cost less than site-built homes) and the relatively low cost of home ownership for all homes in Mariposa County compared to most urban areas of the state. For example, 23 percent of housing units in the county are mobile homes, compared to about 4.4 percent statewide. Additionally, in California, less than two percent of all housing units are held for occasional use, whereas in the County of Mariposa, 16.4 percent are held for occasional use (second homes or transient occupancies).

Another reason for the higher percentage of homeownership locally may be the large number of retirees that moved to the County over the past 20 years and are financially able to purchase homes. Individuals age 55 to 75 tend to have the highest rate of homeownership throughout California.

Mariposa County’s planning has provided significant opportunities for home ownership. Subdivision activities during the 1970s and 1980s resulted in a large inventory of parcels between one and five acres in size. The large inventory and low demand kept prices generally affordable and easy for new dwelling construction or installation.

8.3.02 ECONOMY

A. Employment

The County’s current economy is based primarily on government employment, retail sales, services, and tourism. In 2003, these employment sectors account for more than 4,900 jobs, 90 percent of the County’s 5,280 jobs (average) reported by the California Employment Development Department (EDD) in November, 200313. According to EDD, the average


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number of employed residents in 2003 was approximately 7,410, indicating that 28 percent of Mariposa County residents who were employed work outside the County.

Figure 8-2: Employment by Category

The average unemployment rate for 2003 (not seasonally adjusted) was about 6.6 percent, which is above the statewide rate of 6.4 percent. Employment levels fluctuate during the year, with the lowest unemployment rates occurring in the summer, reflecting the importance of the tourist trade.

According to EDD, occupations projected to have the greatest numerical job growth between 1999 and 2006 are concentrated in government, services, and retail, reflecting the importance of the tourism and public sectors of the local economy.

13Employment Development Department, Labor Market Information Division, http://www.calmis.ca.gov /file/lfmonth/marippr.txt, December 9, 2003.


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Table 8-3: Civilian Labor Force, Employment, and Unemployment14

B. Income

The County’s large number of retirees living on fixed incomes and the lack of high paying jobs resulted in personal income well below State levels. According to the 1990 Census, Mariposa County’s median household income was $25,272, 71 percent of California’s 1990

median household income of $35,978. Although the high numbers of retirees on fixed incomes and relatively low-paying jobs in the County may continue to depress individual incomes, other factors are counteracting these trends.

Since 1990, an increasing number of migrants from higher income urban areas of the state have made their homes in Mariposa County. The percentage of local residents who work at

14Labor Market Report (2000, 2001, 2003), California Employment Development Department. 15Labor force by place of residence. Employment includes self-employed persons and persons involved in labor-management trade disputes. 16The unemployment rate is computed from unrounded data, therefore, it may differ from rates developed by using rounded data in this table.

Year 2000 2001 2003 Civilian Labor Force15 6,760 7,200 7,410 Employed 6,240 6,740 6,920 Unemployed 520 460 490 Unemployment Rate16 7.7 percent 6.3 percent 5.6 percent

Figure 8-3: Household Income Distribution and Median Household Income


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higher paying jobs outside the County has also increased. The latter trend is expected to continue with urban growth in Modesto, Merced, and the expected development of the University of California, Merced campus.

The median household income for Mariposa County residents according to the 2000 Census was $34,626. The county median household income is 73 percent of the median California household income of $47,493. Household income for Mariposa residents increased at an average annual rate of 3.88 percent between 1993 and 1998.

Retirement income, such as from Social Security and pensions, remains one the largest sources of income for Mariposa County residents. Retirement income accounted for 21 percent of all personal income in 2001, substantially higher than the statewide average.

As part of the Mariposa County Regional Needs Plan, the Department of Housing and Community Development prepared estimates of households in various income groups. These estimates are depicted in Table 8-4.

Table 8-4: Households Within Various Income Groups, 200117 Income Groups

Total Very Low Low Moderate Above Moderate

100 percent 24 percent 16 percent 20 percent 40 percent

Notes: Median Income is $34,861 (2002). Very low is 50 percent and below the median income, up to $17,430 Low is 51 percent - 80 percent of the median income, up to $21,451 to $27,889. Moderate Income is 81 percent - 120 percent of the median income, $27,889 to $41,833. Above Moderate Income is over 120 percent of the median income, more than $41,833.

There are a significant number of households in the very low- and low-income groups, 40 percent of all households. Because of the way these two income groups are defined (80 percent or below median county income), approximately 40 percent of households in the County will always be very low- and low-income.

To provide adequate housing for non-retired low-income households, low-cost housing alternatives must be accommodated and encouraged, such as manufactured housing, higher density rental housing, and attached ownership housing (duplexes, town homes, and condominiums).

Retired population in Mariposa County consists primarily of people relocating into the County for their retirement. This population creates different housing needs in the County of Mariposa when compared to typical California counties—and different impacts on the County’s housing market and household incomes.

17Regional Needs Plan, Department of Housing and Community Development (2002).


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Lower-income seniors will have different needs than lower-income working households. Although many retirees have low incomes, they typically own their own homes and have low or no mortgage payments. Nevertheless, lower-income seniors may need financial assistance in maintaining their homes or adapting them for greater accessibility. There may also be a growing need in the future for affordable rental housing for seniors who do not, or cannot afford to, own their homes.

The gap between incomes and housing costs may grow if trends over the past decade continue. While incomes in Mariposa County increased by average of about 4.5 percent during the 1990s, housing prices increased by nearly six percent per year (not adjusted for inflation). In the early years of the 21st Century, housing prices have risen much faster than six percent.

8.3.03 HOUSING PROFILES

A. Housing Stock

According to the decennial census and data from the California Department of Finance Population Research Unit, from 1980 to 1990 the County’s housing stock increased from 5,762 units to 7,700, an increase of about 34 percent. The vast majority of housing stock in Mariposa County is single-family dwellings. Between 1990 and 2001, the County’s housing stock increased to 8,907, nearly 16 percent. Single-family, detached homes represent 65 percent of the total housing stock. Mobile homes represent about 23 percent of housing stock in Mariposa County.

If the County continues to accept siting of mobile homes without regard to construction certification, it could provide a source of housing that would help satisfy the needs of lower income and special needs groups.

Mobile homes are popular as they have remained affordable and their quality and public acceptance levels have greatly improved. Recognizing that mobile homes will continue to play an important role in meeting housing needs, the County places few limits on the installation of safely constructed mobile homes.

Older mobile homes create a challenging housing rehabilitation need in the future, as these types of units begin to show wear and need increasing amounts of maintenance and repairs.

B. Housing Costs

One factor regarding housing in Mariposa County is that it is relatively affordable when compared to housing costs statewide. According to the 1990 Census, the County’s median house value was $98,900, compared to a median value of $194,300 statewide. The median value of a home in 2000 was approximately $126,000 for properties of less than five acres and $171,000 for all homes. The median price for a mobile home on acreage was $112,000. During the first quarter of 2002, the median home price was $164,000 ($125,000 for mobile homes). By comparison, the median price of a single-family home statewide was $243,400 in 2000 and 279,900 by the first quarter of 2002.


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Although housing prices in Mariposa are affordable, compared to statewide prices, the gap between local and statewide prices narrowed since 1990. In 1990, a median-priced home in Mariposa County was 50 percent of the statewide median price. By 2000, a median-priced home in the County was about 70 percent of the statewide median. The first quarter 2002 median-priced home in Mariposa County was about 60 percent of the first quarter median price statewide. Because the number of homes for sale at any one time in Mariposa County is so small, there is significant volatility from quarter to quarter in median prices, and the first quarter 2002 median price may not reflect long-term trends in local prices relative to statewide prices.

The median rental payment was $392 or just 63 percent of the statewide median of $620 in 1990. By 2002, rental costs had increased by roughly 20 to 45 percent. The median rent for an unsubsidized rental apartment was $465, for a single-family home $575, and for a mobile home $500. Rental housing will become an increasingly important alternative for those who cannot afford homeownership.

Figure 8-4: Median Priced Home Trends Defining the rental market in Mariposa County does not match statewide models. Nearly 15 percent of the County’s housing stock is owned and managed by the National Park Service. Second, the Park Service owns almost all of the multifamily units in El Portal, and the National Park Service owns all housing in Yosemite Valley—multifamily and single family.

The rental apartment market in Mariposa County is affected by the number assisted rental developments, which represent half of the multifamily rental housing stock in Mariposa County. It therefore is difficult to ascertain the true “market rent” for apartments. The majority of market-rate, year-round rental housing (83 percent) constitutes single-family homes and mobile homes, according to the 2000 Census. Table 8-5: Housing Costs and Rents summarizes housing prices in Mariposa County

Although utility costs are relatively higher in rural Mariposa County compared to other areas of California, housing remains a bargain. However, rapid appreciation of housing costs during the 1990s makes home ownership difficult for working families.


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Table 8-5: Housing Costs and Rents18 Homes for Sale – Five Acres or Less

Home/Listings19 Median Average Range 2 bedroom/6 $172,250 $187,658 $160,000-269,000

3 bedroom/14 $290,000 $330,257 $215,000-599,900

4+ bedroom/1 $395,000 $395,000 $395,000

Homes for Sale – Five Acres or More Home/Listings Median Average Range

2 bedroom/10 $332,000 $325,850 $135,000-650,000

3 bedroom/19 $325,000 $429,170 $225,000-1,100,000

4+ bedroom/5 $389,000 $583,600 $270,000-1,075,000

Mobile Homes on Individual Lots Median Average Range Under 5 acres/1 $129,000 $129,000 Only one listing

5+ acres/4 $201,000 $221,750 $135,000-350,000

Homes and Mobile Homes – For Rent Median Average Range 1 Bedroom $425 $495 $375-$575 2 Bedroom Only two listings $700-$900 3 Bedroom Only two listings $750-$1,200 Mobile Home $500 $550 $325-$950

Market Rate Apartments – For Rent20 Median Average Range Studio $335 $340 $325-$345 1 Bedroom $350 $395 $330-$425 2 Bedroom $475 $500 $450-$575 3 Bedroom $580 $650 $595-$700 Note: These figures represent average housing and rental costs. It must be realized that great differences in lot sizes exist throughout the County. Additionally, in some instances, such as 4 bedroom homes for sale, there were little data available and the costs of these units are based primarily on estimates by real estate agents. These data, although completely unrepresentative of actual sales data, are required by state law and Housing Element guidelines. For current data, please refer to a member of the Mariposa County Multiple Listing Service. Housing activity in the County has changed significantly since these data were collected. Low interest rates greatly affected the housing market in 2003 and makes these data unreliable and, if not for statutory requirements to include this data, provide little more purpose than identifying a snapshot of the County’s housing market at the end of calendar 2003.

18California Living Network @Realtor.com. 19Number of homes in the category listed on http://www.ca.reator.com on December 29, 2003. 20Information from 2002; only two apartment listings on December 29, 2003.


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C. Vacancy Rates

In 2000 the vacancy rate of housing available for full-time occupancy in Mariposa County was 3.2 percent. Only 166 units are available for rent in the 2000 Census, compared to 291 units in 1990. Another 114 are available for sale. Vacancy rates below three percent are generally considered to be “no vacancies.” Based on a survey of newspaper classified ads in the Mariposa Gazette and the Mariposa Tribune, weekly listings typically show fewer than five available rental vacancies the past six months. Subsidized apartments have no vacancies and maintain waiting lists of prospective tenants.

The 2000 Census reported that 21.9 percent of housing units in Mariposa County were seasonal homes or “other vacant” not available for sale or rent. The vacancy rate for housing available for year-round occupancy was only three percent in 2000. Mariposa County has experienced an increasingly tight housing market since 1990 as reflected in the low vacancy rate of homes available for year-round use. The 2003 vacancy rate is an effective “zero” as less than ten rentals are available on the open market and most quality rentals have waiting lists for occupancy.

8.4 HOUSING NEEDS

8.4.01 HOUSING CONSTRUCTION NEED A requirement of state law (§65583[a] and 65584 of the California Government Code) is that each city and county accommodate its share of the region’s future housing construction needs. State law also establishes the method for determining regional housing construction needs. The California Department of Housing and Community Development (HCD), working with California Department of Finance, prepare regional population projections and from these projections estimate housing construction needs for each region of the state. Regions are based on metropolitan and non-metropolitan housing market areas.

Table 8-2 summarizes Mariposa County’s housing construction need for the period January 1, 2001 through June 30, 2008 as estimated by HCD in the regional housing allocation plan prepared for the County. Under the plan, Mariposa County must accommodate 6,674 dwelling units, of which 40 percent should be affordable to lower-income households, 20 percent to moderate-income households, and 40 percent to above moderate-income households.

Under state law, Mariposa County must demonstrate that it can accommodate its regional allocation by:

Identify(ing) adequate sites which will be made available through appropriate zoning and development standards, and with services and facilities…needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobile homes, housing for agricultural employees, emergency shelters, and transitional housing in order to meet the community’s housing goal.

Table 8-6 shows Mariposa County’s regional housing allocation by income level. According to HCD, Mariposa County should plan to accommodate 1,620 additional housing units


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between January 2003 and December 2009, or 216 dwelling units per year. Of the housing units for which the County should plan, 648 (40 percent) should be affordable to very low- or low-income households earning less than $34,200 on average.

Table 8-6: Mariposa County Regional Housing Needs Allocation Income Groups

Total21 Very Low Low Moderate Above Mod Percent 24% 16% 20% 40% 1,620 389 259 324 648

8.4.02 LOW- AND MODERATE-INCOME HOUSING NEED The number of additional housing units the County must accommodate is only one dimension of its housing needs. Although state law requires the Housing Element to address the housing needs of all income groups, the County must focus special attention on meeting the needs of low- and moderate-income households. These households face the greatest challenges to obtaining affordable housing. The County can satisfy its responsibility for providing adequate sites for housing, especially for low- and moderate-income households, by ensuring that there is an adequate supply of sites for, attached housing, multifamily rental housing, mobile homes, secondary dwelling units, and other forms of housing with the potential to provide affordable shelter.

8.4.03 REHABILITATION AND REPLACEMENT NEEDS In addition to housing construction needs, the County has housing stock rehabilitation and replacement needs. Since 1989, the County has conducted three housing condition surveys.

• A “windshield” survey was conducted for the preparation of the 1989 Housing Element.

• The second survey was conducted during the preparation of the 1991 Community Development Block Grant application. The later was a more detailed survey and was conducted in the communities of Mariposa, Mount Bullion, Catheys Valley, Hornitos, Coulterville, and Bear Valley.

• The third survey was also a “windshield” survey conducted on a sampling of regions within the County in 2002 and 2003.

The three surveys are not comparable for several reasons. The windshield surveys evaluated only the exterior conditions of the homes examined and included a mixture of both older and newer homes. A licensed contractor experienced in conducting housing condition surveys conducted the 1991 survey, which included both an interior and exterior evaluation of conditions and included the oldest housing in the county. The 1989 windshield survey therefore, may have under estimated the number of units in need of rehabilitation and replacement.

Based on the 2003 survey, the County determined that 2,658 housing units are in need of some type of repair or rehabilitation. Of those, 1,321 were in need of rehabilitation, up from

21Regional Housing Needs Plan, Department of Housing and Community Development (2001).


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1,004 in 1991. 795 housing units were in need of replacement. This was an increase from the 261 identified for replacement in 1991. These figures represent about 24 percent of year-round dwelling units. The estimate of rehabilitation need was based on the number of dwelling units that were constructed before 1970 and were 30 years old or more at the time of the survey. The County determined that such units have the highest likelihood of needing rehabilitation. Although there has been private investment in housing rehabilitation and a County housing rehabilitation grant program since 1991, an increasing number of housing units have passed the 30-year mark.

There are nearly 2,600 mobile home housing units in Mariposa County. A significant number of these mobile homes were constructed prior to the establishment of federal standards for manufactured housing in 1976. The County estimates that more than half of these mobile homes are in need of rehabilitation or replacement. Twenty-five percent of the County’s mobile home inventory is in need of “substantial rehabilitation” and 38 percent are “dilapidated.” Most significantly, while the sample of mobile homes inspected for the Housing Condition Survey represents only about twenty percent of the County’s installed mobile homes, almost every mobile home predating the HUD 1976 standards is in need of major work. This amounts to approximately 49 percent of the mobile home inventory.22

8.4.04 OVERCROWDING The incidence of overcrowding is a common measure of inadequate housing. The standard most widely used to determine overcrowding is the number of persons per room (not bedrooms). When this rate exceeds one person per room an overcrowded situation exists. It is assumed that living in a household in which this standard is exceeded is harmful to the physical and mental well being of the occupants and leads to excessive wear on the dwelling unit.

According to 1990 Census data, 214 housing units countywide were overcrowded (2000 Census data was not available at the time this document was prepared). Of this, total 91 units were owner occupied and 123 units were renter occupied. The total number of overcrowded units represents about 3.8 percent of the County’s total 1990 year-round housing stock.

The amount of overcrowding has diminished significantly from that which occurred in 1970. In 1970, about 9.2 percent of households lived in overcrowded conditions. In 1980, 4.7 percent of the County’s households resided in overcrowded units. Based on this declining percentage, it does not appear that overcrowding is a significant problem in Mariposa County. The low rate of overcrowding is likely related to lower percentage of large families (see §8.3.06 beginning on page 8-17, Special Needs). The average household size in Mariposa County is approximately 2.45, compared to nearly 3.0 statewide.

Although not a significant problem, overcrowding is, most likely, the result of persons who are unemployed or are underemployed and are required to live with relatives or another family.

22County of Mariposa, Housing Conditions Survey Report (Mariposa, CA: Department of Human Services, 2003), pp 4, 6+.


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8.4.05 OVERPAYMENT The relationship of the cost of housing and the ability to afford housing is a primary concern in determining the condition of the housing market.

A common measure of housing affordability is whether housing expenditures exceed 30 percent of household income. Households exceeding this standard are considered to be overpaying for housing. For example, a household earning $42,900, the 2002 County median income, can afford to pay about $1,073 per month for housing, including monthly utilities. Table 8-7 summarizes affordable monthly payment by income level for household sizes of one to eight persons.

Table 8-7: Mariposa County Regional Housing Needs Allocation Income Groups

Total23 Very Low Low Moderate Above Mod Income Range

$15,000 – 28,300

$24,000 – 45,300 $36,050 – 68,000 68,001+

Payment range $375 –707 $600–1,133 $901–1,700 Greater than

$901–1,700

According to the 1990 Census, 39 percent of renters and 22 percent of homeowners paid more than 30 percent of their income for housing.

2000 Census data24 show that low-income families are the most seriously affected by overpayment. About 68 percent of renter households, down from 71 percent in the 1990 Census, and, 53 percent of owner households with earnings less than $20,000 (up from 45 percent in 1990), exceeded the 30 percent standard. This group is the most seriously affected as it is the group with least disposable income.

8.4.06 SPECIAL HOUSING NEEDS Special housing needs arise due to physical, economic, social, or cultural characteristics or conditions that are present in a substantial percentage of the local population. These characteristics or conditions distinguish individuals from the general population and lead to housing or support service needs not met by the private market acting alone. Examples of special housing needs include accessibility for the mobility impaired and other varied disabilities, transitional housing for those leaving a homeless environment, and housing specifically designed for the physical and social needs of older adults.

Characteristics such as age or physical limitations may be present in a large portion of the population that can affect housing choices and needs. For example, handicapped accessible housing or units designed to aid the physical limitations of the elderly may be needed in a community with a large population of this age group. Conversely, a community may have a large population of large, low-income families needing adequately sized housing at a low cost, or a large number of students attending a nearby college or university. Affordability

23Regional Housing Needs Plan, Department of Housing and Community Development (2001). 24California Department of Finance, Census 2000 Summary Files 1 and 3, April 2000.


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issues are also important to groups such as female heads of households, farm workers, or seasonal employees.

Section 65583[a] of the California Government Code requires the Housing Element to address the needs of special population groups. State law provides the following examples of special population groups: elderly, persons with disabilities, large families, farm workers, families with female heads of households, and families and persons in need of emergency shelter due to homelessness. The County broadened the definition of seasonal employees to include a greater variety of such employees than are defined in examples provided in state law.

A. Elderly Households

Mariposa County is an attractive retirement area and as a result there are many older persons living in the County. 2000 Census data provides a good profile of the elderly in Mariposa County. Less than twenty percent of Mariposa County residents are age 65 or more, compared to 11 percent statewide. About 87 percent of the households with a householder over the age of 65 owned their own homes.

Seniors tend to be among the lowest-income groups, but not so low as to be impoverished. In 1990, 60 percent of households with a householder 65 years of age or more were lower-income, compared to 40 percent for all households in Mariposa County. Even with these lower-incomes, seniors have among the lowest poverty rates. Social Security and retirement incomes, while placing most seniors below 80 percent of the median countywide income, are high enough to keep them above the poverty level. In 1990, 9.6 percent of seniors had poverty level incomes, compared to 31 percent of all households in Mariposa County.

Older seniors, those 75 years or older, have lower-incomes and higher rates of poverty than do all households 65 years of age or more. In 1990, 67 percent of households with a householder 75 years of more had low-incomes, and 22 percent had poverty level incomes.

Most senior households in the County depend on Social Security and retirement income for part or all of their income. In 1990, nearly 2,000 households (34 percent of total households) depended on Social Security for at least a portion of their income. Nearly 1,500 households (25 percent of total households) received some form of retirement income in 1990.

Since so many seniors depend on a limited income sources such as Social Security, inflation or rent increases will consume a larger share of their income. It is suspected that senior citizens probably make up a large share of this group the households paying more than 30 percent of their incomes for housing.

As they age, senior households face a number of needs related to their changing physical and financial capacity. As they become less mobile, seniors may require physical modifications to their homes to permit greater accessibility and increase their ability to live independently. Seniors need access to health care and other supportive services and transportation access to these services. A common special need for a portion of the elderly population is for assisted living facilities that combine meal, medical, and daily living assistance in a residential environment.


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In meeting multifamily housing demand, the County can encourage senior housing, especially in areas in the town of Mariposa. Multifamily housing also benefits older married couples no longer wishing to maintain a larger home.

For seniors living in remote areas of the County, matching compatible seniors into a shared housing program could provide social opportunities and reduce their living expenses. Since some seniors are no longer as active or mobile as they once were, a portion of this group could probably benefit from a rehabilitation assistance program or help in making their homes more accessible. In home supportive services are important assisting seniors in identifying needed home maintenance issues with referrals to appropriate housing programs.

B. Housing for the Disabled

Individuals with self-care limitations (which can include persons with mobility difficulties) may require residential environments including on-site support services ranging from congregate housing convalescent care. Support services include medical therapy, daily living assistance, congregate dining, and other related support.

Independent living challenged individuals with conditions that prevent independent living functions may require assisted care or group home environments. Individuals with disabilities may require financial assistance to meet housing needs. Within this special population, a higher percentage are low-income than the population at large, and their housing needs are often more costly than conventional housing.

Some people with mobility or self-care limitations are able to live with families to assist in meeting housing and daily living needs. A segment of the disabled population, particularly low-income and retired individuals, may not have the financial capacity to pay for needed accommodations or modifications to their homes. In addition, even those able to pay for special housing accommodations may find them unavailable in the County.

Disabled persons often require special housing features to accommodate physical limitations. Some disabled persons may have financial difficulty due to the cost of having their special needs met or due to difficulty in finding appropriate employment. Although California Administrative Code Title 24 requires all public buildings to be accessible to the public through architectural standards such as ramps, large doors, and restroom modifications to enable handicap access, not all available housing units have these features.

The 1990 Census identified 1,801 individuals with either a mobility or self-care limitation. However, it is unknown if all of these individuals have special needs of the types described above. Although needs can vary widely, disabled persons need special facilities to help them overcome their disability or make their housing units more convenient. Some of these amenities include wide doorways that can accommodate wheelchairs; special bracing for handrails; lower counter tops; and, switches and outlets at the proper height to allow easy use. Unfortunately, very few housing units have these features and consequently they must be remodeled to serve the disabled. However, the conversion of a conventionally designed housing unit is usually well beyond the financial capability of most disabled persons.

The County regularly updates its building codes to reflect new provisions facilitating accessibility for the disabled. County staff is empowered to approve modifications to structures needed to accommodate the needs of the disabled. This service is routinely


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requested with new construction, renovation, or rehabilitation on behalf of those needed the accommodations.

The County of Mariposa Human Services Department provides assistance to the disabled in terms of providing information, resources, and financial grants or loans for special housing needs.

County staff accommodates special needs by approving at staff level minor variances needed to accommodate structure modifications needed to accommodate the needs of the disabled. This is a standard part of the building permit review process. The County’s zoning and subdivision regulations contain no provisions limiting the siting, placement, number, and location of group homes and other special need housing. There are no special processes for issuing permits for these facilities in that the development is not constrained and is treated equally with other housing.

Group homes or housing for persons with special needs involving more than six client residents are treated as commercial-type uses, such as assisted living centers. These are permitted in commercial and multifamily zones and are not allowed in most single family zones outside of planning areas.

C. Female Heads of Households

According to 2000 Census data, there were 527 female-heads of households countywide, about eight percent of all households. Statewide, approximately ten percent of households are female heads of households. About 300 of the female heads of households also have children. 1990 Census data also reveals that 141 of these female heads of households fell below the poverty level, over half of such households at that time. In 1990, female heads of households with children have the highest poverty rates of any population group in Mariposa County.

Most female heads of households are either single elderly women or single mothers. Traditionally, these two groups have been considered special needs groups because their incomes tend to be lower, making it difficult to obtain affordable housing, or because they have specific physical needs related to housing (such as child care or assisted living support). Single mothers, in particular, tend to have difficulty in obtaining suitable, affordable housing. Such households also have a greater need for housing with convenient access to child-care facilities, public transportation, and other public facilities and services.

Female heads of households with children and no spousal support frequently depend on public assistance or work in jobs that pay low wages. In addition, they must arrange for child day care, which may consume a sizable portion of their pay. These female heads of households must seek suitable housing with less disposable income than some families earning the same amount. As a result, their housing choices are very limited and most are probably paying more than 30 percent of their total incomes for housing. The County should encourage affordable day care facilities as a way of helping female heads of households meet there housing needs. Additionally, because of their economic conditions, construction of multifamily rental housing would also help this group.


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D. Large Families

Large families (usually defined as family households with five or more persons) can have difficulty securing adequate housing due to the larger number of bedrooms they need (three or more) to avoid overcrowding. It becomes even more difficult when large families try to find adequate rentals within their budget, because rentals typically have fewer bedrooms than ownership housing. Low-income large families typically need financial assistance to secure affordable housing that meets their space needs.

In 2000, there were 548 households in Mariposa County of five or more persons, up from 443 in 1990 (a 24 percent increase). Of this total, 337 (an increase of 48 percent) owned their homes and 211 (an increase of 20 percent) were renters. Census data also show that there were 518 housing units countywide with four or more bedrooms. Although there appear to be a sufficient number of larger housing units to meet the need of large families, the cost of many of these units is likely beyond the means of lower-income large families.

Housing units with three or four bedrooms had a vacancy rate of about 21 percent, compared to a vacancy rate of about 27 percent for the County as a whole in 1990. Although the vacancy rate included vacation homes, the vacancy rate for larger homes was lower and reflects a tighter housing market for these types of homes. While no official data exists, local realtors indicate that finding a large home to rent at a reasonable rate is nearly impossible and renters that occupy them tend not to move. Based on this information it appears that there is need for additional larger rental units. The County should encourage the development of additional larger multifamily units to accommodate larger families.

E. Farm Workers

The California Employment Development Department reported only 20 farm jobs in agriculture in Mariposa County in 2001, less than one percent of all jobs in the County. Given the small number of farm jobs in the County, additional seasonal farmworker housing is probably not needed at this time. There is limited labor-intensive agriculture that would attract seasonal farm workers and Mariposa County is not one of the counties that traditionally attract large numbers of migrant seasonal workers. County Housing Authority staff is also unaware of any significant need in this area. Based on the limited data, it does not appear that this type of seasonal employee housing is a problem in the County.

F. Emergency and Homeless Housing

Homelessness is caused by a number of social and economic factors, including a breakdown of traditional social relationships, unemployment, shortage of low-income housing, and the deinstitutionalization of the mentally ill. A homeless person lacks consistent and adequate shelter. Homeless persons can be considered resident (those remaining in an area year-round), or transient. Emergency and transitional shelters can help to address the needs of the homeless. Emergency shelters provide a short-term solution to homelessness and involve limited supplemental services. In contrast, transitional shelters are designed to remove the basis for homelessness. Shelter is provided for an extended period of time, and is combined with other social services and counseling, to assist in the transition to self-sufficiency.

The nature of the homeless population makes exact counting difficult. The 1990 Census found no “visible” persons living on the streets and no people in homeless shelters. However,


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Census counts are not generally accepted as an accurate reflection of homelessness. Because the homeless move around and are not always visible on the street, it is difficult to get an accurate count of homeless persons in a community.

For a variety of reasons, individuals and families may have a need for emergency short-term housing. In Mariposa County there are two primary groups of homeless persons. The largest group is young women between the ages of 20 and 30 with children. There are three primary reasons why they are homeless including: domestic violence; they can no longer afford to pay rent; or, their present homes are in need of such repair that they have become uninhabitable. The other group is single people that live along the Merced River. About one-half are permanent County residents and the other half live there during the warmer months of the year. These people usually do not request assistance, but are referred to the County’s Department of Social Services or drug and alcohol programs for assistance, if they come into contact with the County Sheriffs Department.

The County provides for homeless persons through several voucher programs. Persons in need of shelter are able to obtain vouchers from the County’s Housing and Community Development Agency that enables them to stay in a local motel for a period of up to 30 days. The program can accommodate families as well as single persons in need. The County also pays up to one month’s rent in order to help persons remain in their present housing or to help them establish themselves in new housing. The County also provides meal vouchers that enable homeless persons to purchase meals at local restaurants for the day the vouchers are issued.

County staff believes that the existing programs can accommodate the County’s current homeless needs at this time.

8.4.07 PUBLICLY ASSISTED RENTAL HOUSING State legislation (Chapter 1451, Statues of 1989) requires that all housing elements include an analysis of at risk housing within their jurisdiction. At risk housing are those subsidized rental units whose subsidy terms may expire within the next ten years. Many subsidized units are multifamily rental units that provide below market rental housing. When the subsidies on these units terminate, the owners of the properties may increase the rents of these units to market rates. Should this occur, low-income housing might be lost, making it difficult for the County to meet its goals for providing adequate housing.

In Mariposa County, there are five publicly assisted multifamily rental housing developments. One was subsidized through a loan from the U.S. Department of Housing and Urban Development. Four others were financed using low-income housing tax credits. Four of the five projects are located in the town of Mariposa and the fifth is located in Midpines. The assisted rental housing developments are:

• Mariposa Oaks,

• Mariposa Terrace I,

• Mariposa Terrace II,

• Mariposa Apartments, and

• Whispering Pines.


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These projects have affordability covenants ranging from 5 years to 25 years. Mariposa Terrace I and II are at risk of converting to market rate housing, with a tax credit expiration date of 2005.

Mariposa Oaks Apartments provides 24 units of very low-income rental housing. This apartment building was completed in 1980 with a 40 year federally subsidized loan, which terminates in 2018. Terms were placed in the original loan stipulating that the loan can only be prepaid if other affordable housing is available. Rents cannot be raised above 30 percent of the tenants’ incomes, and none of the tenants can be displaced. Four of the 24 occupants have Section 8 housing vouchers.

Mariposa Terrace I apartments was funded in 1989 and contains 32 very low-income family units. The occupants also have Section 8 housing vouchers. The Mariposa Terrace II apartments, also funded in 1989, contain 36 very low-income senior units. Mariposa Apartments was funded in 1994 and contains 34 very low-income family units. The occupants also have Section 8 housing vouchers. Each of these properties is managed by the CBM group, a private, for-profit developer and property management firm that specializes in affordable housing.

The fifth assisted rental housing development, Whispering Pines Apartments, located in Midpines, was funded in 1989. This is a reconstruction project that provides eight affordable units of 16 total for very low-income families and seniors.

In addition to these publicly subsidized rental housing projects, the federal government owns and provides low-cost rental housing for employees of Yosemite National Park, concessionaires, and their families. There are 1,691 total employee “beds” in Yosemite Valley, El Portal, and Wawona to support Yosemite Valley operations. These “beds” include individual dwelling units and group quarters in the following locations:

• Yosemite Valley—1,277 beds (retain temporary housing in Yosemite Valley),

• El Portal—290 beds, and

• Wawona—112 beds.

The implementation of the Yosemite Valley Plan could result in the removal of 588 employee beds from Yosemite Valley to be relocated elsewhere in El Portal and Foresta. The relocation of this housing could occur between 2004 and 2010. Implementation also involves upgrades to employee housing in the Curry Village area beginning in 2004.

8.5 LAND AVAILABILITY Although more than 75 percent of Mariposa County’s land mass is not available for residential development, within Mariposa County there is still a significant amount of land available for housing. As part of the 1989 update of the Mariposa County Housing Element a complete inventory of the County’s available residentially designated land was undertaken. Generally, at least a portion of the land within the specific Planning Areas is served with water or sewer service and can support higher density multifamily residential development.

The 1989 database was updated for the 2003 Housing Element update. According to the inventory, less than 180,000 acres are available for single-family residential development.


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This reduction from 332,000 acres identified in 1989 is a result of using topographic maps and revised policies to more clearly identify realistically developable land. This acreage

would support over 14,000 single-family units. Mobile homes on individual parcels are allowed on any single-family lots and are considered single-family dwellings, so there is an ample amount of land available for mobile homes within the County.

Within the County, there is also 90 acres available for multifamily units and/or emergency shelters. This acreage can support up to 1,350 multifamily or emergency shelters. Since 1989, approximately 100 multifamily units and 5,600 single-family and mobile home units have been added to the County’s housing stock. Of the total acreage potentially available in Mariposa County for residential use, approximately 20,880 have the most immediate

development potential between 2001 and 2008. These are properties that are relatively unconstrained with respect to slope, agricultural or timber preserve restrictions, or other factors. The 20,880 acres includes multifamily land cited above.

Explanation 8-1: Zoning Nomenclature

AE – Agriculture Exclusive

GF – General Forest

MG – Mountain General

MH – Mountain Home

MT – Mountain Transition

RR – Rural Residential

TP – Timber Exclusive


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Table 8-8: Land Availability – Total land inventory Land Use and Zoning Services Density Acres25 Units

Single-Family (aggregate) RR, MH N/A 0.2 units/acre 60,722 5,648a Development potential 40 percent 24,289 4,858 AE, GF, MG, MT, TE

N/A 0.006 units/acre

436,179 2,726b

Development potential 35 percent 152,663 954 AE, GF, MG, MT, TE

N/A 0.025 units/acre

89,532 1,119b

Development potential 35 percent 31,336 392 aThe assumption is that of all available lots, based on topography, ability to construct an approved onsite sewage disposal, and ability to find an adequate supply of potable water, only 40 percent of the inventory will be developed over time. bBecause of the extremely low density, it is assumed that over time, 35 percent of all lots will be developed.

Countywide General Plan Sub-Total 610,722 6,204 9000 sq. ft. Water/Sewer 1 du/1/5 ac 175 525a 12,000 sq. ft. Water/Sewer 2 du/¼ ac 10 60b ½ acre Water/Sewer 2 du/½ ac 10 40b 12,000 sq. ft. Sewer 1 du/¼ ac 180 450c ½ acre Sewer 2 du/½ ac 5 20b

15 – 20 acre Sewer 2 du/15-20 ac

12 2b

½ acre None 2 du/½ ac 405 81d Rural Res None 1 du/2½ ac 50 10d

15 – 20 acre None 2 du/15-20 ac

113 15e

Mariposa Town Planning Area

Scenic Res None 2 du/20 ac 200 20 aBased on generalized sample of parcels assessment resulting in an average density of 3 units per acre rather than 5 units per acre as permitted by the zoning. bBased on actual parcel assessment. cBased on generalized sample of parcels assessment resulting in an average density of 2.5 units per acre rather than 4 units per acre as permitted by the zoning. dBased on one unit per five acres because of the need for well and onsite sewage disposal. eBased on the allowable density because of the low density

9000 sq. ft. Water/Sewer 1 du/1/5 ac 20 200 ¼ acre Water/Sewer 2 du/¼ ac 23 184 2½ acre Water/Sewer 2 du/2½ ac 51 20a Multifamily26 Water/Sewer 1 du/1/5 ac 17 57b Central Com Water/Sewer 1 du/1/5 ac 20 134b Light Com Water/Sewer 1 du/1/5 ac 15 75c

Coulterville Town Planning Area

Highway Com

Water/Sewer 1 du/1/5 ac 18 90c

25Number of undeveloped acres as of January 1, 2003. 26The subject property owner has indicated a desire to develop this property as single family residential.


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Land Use and Zoning Services Density Acres25 Units ¼ acre None 1 du/¼ ac 23 8d 2½ acre None 1 du/2½ ac 15 12a ½ acre Water 1 du/½ ac 4 8a Multifamily Water 1 du/½ ac 2 4a ½ acre None 1 du/½ ac 9 18a 1 acre None 1 du/ac 64 20e 2½ None /2½ ac 10 8a

Fish Camp Town Planning Area

RR 5 acre None /5 ac 5 2a Wawona TPA Mtn Res Sewer 1 du/1½ ac 30 20a

Total Planning Area Single Family 1,486 860 Total County of Mariposa Single Family 423,760 7,064

aActual site inventory. bAssumes development at 67 percent of available density. cAssumes a 30 percent development density. dBased on one unit per 2.5 acres because of the need for well and onsite sewage disposal. eA project is pending that will remove 32 acres from residential development potential.

Multifamily

MFR Water/Sewer 1 du/1,500 sf. 50 275a

POC Water/Sewer 1 du/1,500 sf 46.5 100a TR Water/Sewer Variable 15 50c CC Water/Sewer 1 du/1/5 ac 35 175c LC Water/Sewer 1 du/1/5 ac 20 70b

Mariposa TPA

GC None 1 du/1/5 ac 120 30c MF Water 1 du/1/8 ac 7 25a Fish Camp TPA Res/Com None 1 du/1/8 ac 25 60c MF Water/Sewer variable 7 70a CC Water/Sewer variable 5 25c LC Water/Sewer variable 8 30c

Coulterville TPA

HC Water/Sewer variable 20 30a Total Multifamily 353.5 940

aActual site inventory. bAssumes development at 67 percent of available density. cAssumes a 30 percent development density. dBased on one unit per 2.5 acres because of the need for well and onsite sewage disposal.

Mobile Home Parks Mariposa TPA TR Water/Sewer variable 15 variable Mobile Homes on SF Lots Same as Single-Family Standards Emergency Shelters & Transitional Housing Same as Multifamily Standards aWe do not have maximum densities for mobile home parks.

As a rural county with low land costs compared to most areas of California, it is feasible to build affordable housing units at much lower densities. Although the County’s 20-year old zoning code permits densities of 29 units per acre, limits on height (35’), parking (1.5 spaces per unit on average), and market demand tend to result in densities of 10-15 units being the actual constructed yield. This density has a proven track record of successful affordable housing projects in the County.


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8.5.01 FEDERAL, STATE, AND LOCAL GOVERNMENT LAND OWNERSHIP

Although Mariposa County is a relatively large County, much of the land within its borders is unavailable for housing by private development, because 57 percent County’s lands are controlled by various public agencies. Federal agencies such as the National Parks Service, Forest Service, and the Bureau of Land Management and other federal agencies control over 474,000 acres or about 51 percent of the County’s land area. Over 4,900 acres is under State control. Land under the jurisdiction of the County, and other public agencies, accounts for approximately 3,700 acres.

8.6 GOVERNMENTAL CONSTRAINTS Local governments cannot influence the national economy or federal monetary policies—both of which have direct impacts on the cost and affordability of housing. Local governments can assist private enterprise efforts to bring affordable housing to the market. This is accomplished by monitoring housing conditions and reviewing regulations to determine what regulatory or other constraints to production may add unnecessary costs to the price of a home.

8.6.01 PERMIT PROCESS On legally existing lots zoned for single-family development, a building permit can be obtained in less than seven business days. If a subdivision is required prior to issuance of a building permit, the tentative map can be approved within eight to ten weeks. If an environmental impact report is required, the process takes eighteen months.

State-imposed timelines may add to the costs of approving a subdivision by delaying its approval for months beyond normal County processing timelines.

Within Planning Areas, multifamily housing is a permitted use. While the Historic District in Coulterville, and Historic District and Design Review overlays within the Town of Mariposa, the process is administrative and not subject to a public hearing. Typical timelines from submittal of a building permit application to issuance of the permit is a matter of days.

Figure 8-5: Land Ownership in Mariposa County


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Table 8-9: Permit Issuance Timelines

Type of Permit Working days to issue

Single Family dwelling 10-14 days

Multifamily dwelling27 14-21 days

Multifamily dwelling28 21-30 days

Housing for special needs Based on housing type

Mobile home parks29 8-13 weeks

8.6.02 PERMIT FEES Local governments establish permit fees to recover all or part of the cost of processing permits.

A. Permit Fees for Site-Built Homes

The County uses building and plan checking fees established by the Uniform Building Code as a cost of performing inspections. The County currently does not charge development impact fees.

School impact fees charged by the Mariposa Unified School District are the maximum Level 1 fee of $2.14 per square foot and can add another two to three percent to the average cost of new home. Mariposa County has no control over fees charged by the school district, which are determined by a formula established under state law.

In summary, building permit and school impact fees can add between four and six percent to the cost of new home. These fees represent a relatively small part of the overall cost of a home and are necessary to cover the cost of vital governmental services to protect the health and safety of the public.

B. Permit Fees for Mobile Homes

Building permit fees for mobile homes are also set by the building code and include permit fees for appurtenant structures typically associated with mobile homes (such as decks). These fees equal about one percent of the cost of a new installed mobile home.

Although permit fees are now higher than they were in 1995, when the previous housing element was prepared, the fees have escalated only to reflect the increase in the costs that the County faces.

27For projects located within Planning Areas but not within Historic Design Review or Design Review combining districts. 28For projects located within the Coulterville and Mariposa Historic Design Review and Design Review combining districts. 29Mobile home parks are discretionary projects and subject to public hearing and environmental review. Most mobile home parks located on appropriately zoned lands can be approved with mitigated negative declarations.


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School impact fees are also charged on new mobile home installations by the Mariposa Unified School District at the maximum Level 1 fee of $2.14 per square foot.

C. Planning Permit Fees

Planning permit fees (General Plan amendment, zone change, subdivision map, etc.) can add several hundred dollars more to the cost of residential development. Because these fees are charged per application, the cost implication per dwelling unit depends on the number of dwelling units proposed in a development application. The County does not charge impact fees on planning projects.

8.4.01 ZONING AND OTHER LAND USE REGULATIONS Mariposa County adopted the current Zoning Ordinance in 1988, implementing the land use classifications of the General Plan. Title 17, Mariposa County Code, Zoning, designates 20 countywide zones and five overlay zones. Each zoning district sets specific standards for development including minimum parcel size, number of homes permitted on each parcel, and the permitted and conditional uses. The communities of Mariposa, Fish Camp, Coulterville, and Wawona have adopted town plans which set specific standards on development including minimum parcel size, number of homes permitted per parcel, setbacks, and land use. Title 17 adopts the land use standards set forth in the town plans. These towns have land use classifications and base zones distinct from other areas of the county. The residential zones contained in the zoning ordinance and specific plans are identified in the land availability data shown in Table 8-8.

Although the ordinance contains a number of zones and specific plan standards, there are many common features to the regulations that influence housing. For example, the ordinance permits second housing units in every single-family residential district provided the secondary residence conforms to all health, safety, and setback regulations. There are no constraints on size of the second units. Title 17 development standards are summarized in a table included as an Appendix to the element following the last page.

The ordinance also permits mobile homes on any parcel that allows a residential use, with limited design review within Historic Districts.

The ordinance normally requires two parking spaces per housing unit. The requirement is based on the need to keep cars from parking on public streets, in addition, 2002 Department of Motor Vehicle records find that there is an average of nearly three vehicles licensed per dwelling unit. In many parts of Mariposa County, county maintained roads are often narrow and steep. County ordinance prohibits on street parking during snow removal conditions. More than 60 percent of the population in the County lives above the snow line.

The County does not implement the “Quimby Act” and requires no parkland dedication or fee.

8.6.03 SUBDIVISION MAP ACT AND STANDARDS A review of the subdivision applications shows that nearly 90 percent are initially approved. Those not initially approved do not meet the County’s subdivision requirements.


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Based on the processing time and the high rate of approvals, it does not appear that the Subdivision Map Act process, as administered locally, creates obstacles in the housing process.

8.6.04 CONDOMINIUM CONVERSIONS Mariposa County has few apartments with marketability for conversion as condominiums. This is not an issue in the County.

8.6.05 BUILDING CONSTRUCTION STANDARDS The County has adopted the provision of the Uniform Building, Plumbing, Mechanical and Electrical Codes and the Energy Conservation Standards set forth in Title 24 of the California Administrative Code.

Enforcement of the Uniform Codes is delegated to the Building Department and is carried out at the plan review stage and at the time of building/site inspection. All work for which a building permit is issued must be inspected at the time of completion and at specified stages of construction.

The County’s rehabilitation requirements do not pose a constraint to the rehabilitation of older housing units.

The County does not have a housing code enforcement program. New construction standards are only applied to additions to a housing unit (e.g. bedroom or bathroom addition). Additionally, current code standards are applied only to the rehabilitation work proposed by the applicant. For example, if a permit is issued for replacement of the electrical wiring in a bedroom only that work must be brought up to current code and not other conditions in the bedroom such as wall/floor covering, insulation, etc.

As opposed to strict code enforcement programs operating in other California jurisdictions, Mariposa County’s policy facilitates the maintenance of older housing stock, which is usually the most affordable to low-income households.

8.6.06 ON AND OFFSITE REQUIREMENTS The County of Mariposa has an adopted Road Policy and adopted environmental health regulations for onsite wastewater disposal and basic well construction. The County’s Road Policy defines requirements for building roads in new subdivisions based on the lot potential, lot size, and other road use intensity standards. These connect the road capacity to the potential development density.

Environmental Health regulations control the design and installation of onsite wastewater systems. These regulations ensure that sewage disposal does not impact groundwater quality or public health.


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8.6.07 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

All discretionary approvals for development in the County of Mariposa are subject to California Environmental Quality Act review.

8.6.08 WILLIAMSON ACT The Williamson Act, combined with Mariposa County’s local contract, preserves agricultural lands and open space with a twenty year rolling contract. Unless cancelled or non-renewed, the land is precluded from residential or urban development for twenty years. Once non-renewed, it takes twenty years for the contract to end. The 198,000± acres of Williamson Act land in Mariposa County are unavailable for development during the Housing Element planning period.

8.6.09 FOREST TAXATION REFORM ACT Similar to Agriculture Preserve lands, forestland may be protected through a ten year rolling contract as a Timber Preserve. There are 63,000 acres of Timber Preserve zones in Mariposa County, precluding this land from residential development or subdivision during this Housing Element planning period through 2008.

8.7 NON GOVERNMENTAL CONSTRAINTS

8.7.01 ENVIRONMENTAL FEATURES Some land in Mariposa County is unavailable for development because of environmental features. These features either pose a hazard to those who may choose to build in the area or diminish valuable resources. As a result, builders avoid these areas because they understand the danger involved or do not wish to incur the added cost of building in these areas. These features include geologic hazards, soils with low permeability, and excessive slopes.

These constraints affect land use categories that can accommodate single-family residences. In most cases, the presence of these constraints will not preclude development of a single-family home on a minimum five-acre parcel, but may limit the placement of a home. Environmentally constrained lands may also limit the subdivision potential of some parcels. Areas that permit multifamily units are not affected, as environmental constrained lands are not designated for such use.

A. Geologic Hazards

The most common geologic hazard that must be considered in Mariposa County is the potential for wet season landslides and rock falls where man has altered natural conditions. Soils on slopes of up to 50 percent contain the combination of factors that could pose landslide problems when man’s activities are superimposed on natural conditions.


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B. Soils with Low Permeability Rates

Most parts of the County are not served with public sewer systems and therefore must rely on septic systems. In some parts of the County, conventional septic systems cannot be used because the soils have low permeability rates that prevent effective operation of septic tank systems.

C. Slope

In areas with a slope of 15 percent or more, improvements for accessibility, site preparation and sewage disposal are more difficult to develop than level land. As a result these areas are generally avoided or more costly systems are required. The County estimates that there are 557,510 acres of land with slopes in excess of 15 percent, of which 108,460 acres has slopes in excess of 50 percent and is undevelopable for residential purposes. Most of these lands are within timber preserves, agricultural preserves, and other land categories that do not have significant residential development potential.

8.7.02 INTEREST RATES AND AVAILABILITY OF FINANCING The primary factor related to home finance affecting housing affordability and availability is the cost of borrowing money (interest rates). Historically, substantial changes in interest rates have correlated with swings in home sales. When interest rates decline, sales increase. The reverse has been true when interest rates increase. Over the past two decades, there has been a dramatic growth in alternative mortgage products, such as graduated mortgages and variable rate mortgages. These types of loans allow homeowners to take advantage of lower initial interest rates and qualify for larger home loans. Even during periods of high interest rates, these alternative products allow more buyers to qualify for homeownership, thus dampening the swings in home sales that accompany changes in interest rates.

Nevertheless, the fixed interest rate mortgage remains the preferred type of loan, especially during periods of low, stable interest rates. Most governmental programs that seek to increase homeownership among low- and moderate-income households rely on loan products that provide fixed interest rates below prevailing market rates, either for the principal loan or for a second loan that provides part of the down payment for home purchase. Many programs offer deferred second loans to facilitate homeownership.

Table 8-10 summarizes the impact of interest rates on monthly housing costs. An increase in the interest rate from six percent to ten can increase the monthly mortgage payment by 25 percent for a 15-year loan and 45 percent for a 30-year loan.


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Table 8-10: Effect of Interest Rates on Housing Payments 15-Year Loan 30-Year Loan

Interest Rate

(Percent)

Payment per $10,000

Total Interest

Payment per $10,000

Total Interest

6 $84.39 $5,189 $59.96 $11,583 7 $89.88 $6,178 $66.53 $13,950 8 $95.57 $7,202 $73.38 $16,415 9 $101.43 $8,256 $80.46 $18,966

10 $107.46 $9,343 $87.76 $21,593

Since the early 1990s, the advent of the Internet and other electronic communications has increased consumer access to information on home loans and residential lenders, even rural areas poorly served by traditional financial institutions. The County has not uncovered evidence that home financing is difficult to access, so the primary impact of home loans on housing affordability is the cost of money.

8.7.03 LAND AND CONSTRUCTION COSTS Economic trends over the past decade have contributed to increased demand for land and housing. As a result, land and housing costs have increased significantly in Mariposa County. These cost increases have been moderated somewhat by lower costs for borrowing and moderate inflation in labor and materials costs. The overall impact, however, is that low- and moderate-income households find it more difficult to purchase or rent housing in the County than a decade ago.

8.7.04 LAND COSTS A review of residential land available for sale during December, 200330, indicates the following.

• The average cost of a single-family lot (less than one acre) with public water and/or sewer service is $47,500, with asking prices ranging from $18,000 to $60,000.

• The average cost of a residential parcel of less than five acres (most were two to four acres) with no public water or sewer service is $59,000, with asking prices ranging from $25,000 to $89,000.

• The average cost of residential parcels of five to less than ten acres (sites with no public water or sewer service), typically located in areas with five-acre minimum lot sizes in which one dwelling unit and a secondary dwelling unit are permitted, was $70,000, with asking prices ranging from $25,000 to $145,000.

• The average cost of parcels of ten acres or more (with no public water or sewer service) that could be subdivided into two or more five-acre parcels is $22,500 per acre.

30Prices based on listings identified on www.ca.realtor.com, zip code 95338.


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8.7.05 CONSTRUCTION COSTS The cost per square foot of constructing a single-family, non-tract home of average quality (including builder profit of ten percent) ranges from $85 to $105 per square foot. The larger the dwelling unit, the lower the construction cost per square foot. The approximate cost to construct a 1,500 to 2,000 square foot house ranges from $145,000 to $175,000. Permit, school impact, and utility connection fees add approximately $6,000 to $8,000 for a 1,500 to 2,000 square foot house. Access improvements, well, and septic systems can add another $15,000 to $20,000 to the cost of homes without access to water or sewer service.

The average cost of a site-built home of 1,500 to 2,000 square feet with an attached garage, including land, in a community area with public services estimated to range from $185,000 to $217,000. The average cost of a similar site-built home on two to five acre parcel with no services is estimated to range from $200,000 to $237,000.

A property owner can achieve significant cost savings by installing a manufactured home on a permanent foundation. An October 1998 study prepared for the U.S. Department of Housing and Urban Development (Factory and Site-Built Housing: A Comparison for the 21st Century) concluded that an the average cost of a double-wide manufactured home of approximately 1,700 square feet was $58,000 installed on a permanent slab foundation. A 2,000 square foot manufactured home cost approximately $70,000.

Accounting for inflation (approximately ten percent since 1998 according to the U. S. Bureau of Labor Statistics), and potentially higher transportation costs to Mariposa County, the estimated cost in 2002 for a doublewide manufactured home installed on a permanent slab foundation is $69,000 to $82,000. Permit fees, land, and other costs cited above would bring the final cost for a manufactured home with an enclosed garage to between $110,000 to $125,000 for a home on a single-family lot with water and sewer services. The cost for a manufactured home on a 2.5-acre or larger lot no services is estimated at $145,000 to $150,000. Depending on location, lot size, and other assumptions, the cost of a manufactured home is estimated to be approximately 60 to 70 percent of the cost of a similar site-built home.

The cost of constructing a home in Mariposa County is typically higher than in the Central Valley, where site preparation costs are lower and builders can take advantage of economies of scale offered by large-tract subdivisions. Conversely, impact fees in many Valley communities are significantly higher than in Mariposa County.

The range of residential land and housing options in Mariposa County provide opportunities for many low- and moderate-income households to enjoy homeownership. However, the construction of new single-family home is estimated to cost at least $100,000 or more. It would be difficult for a low- or very low-income household to purchase such a home unless: a) below-market-rate financing or down payment assistance is provided, or b) the homebuyer has sufficient cash from the sale of a previous home or other assets to provide a large down payment (which is frequently the case even with low-income seniors).

An alternative for many households is rental housing, which can take various forms in Mariposa County. Most year-round rentals in Mariposa County are single-family homes and mobile homes. As shown in Table 8-5, the cost of rental single-family homes can easily exceed the threshold of affordability for very low- and many low-income households (based


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on the assumptions that housing expenses should not exceed 30 percent of household’s income).

Rental apartments and second units can provide affordable rental alternatives. The cost of producing a rental unit is estimated to be approximately $50,000 to $60,000 for a studio or one-bedroom unit, $65,000 - $75,000 for a two-bedroom unit, and $80,000 to $95,000 for a three or four-bedroom unit. Market rents necessary to support such costs would likely be unaffordable to very low- and many low-income households. Regulatory incentives, financial incentives, and financial assistance can bring these development costs down, as the County has shown with five affordable rental apartment projects constructed since 1989. Ongoing rental assistance, such as Section 8 housing vouchers, may be necessary additional incentives for rental apartment construction to maintain affordability for very low-income households.

8.7.06 SERVICES

A. Water Supply

The lack of reliable water supply is a significant constraint in meeting local housing needs. The situation is severe in most areas of the County. Homeowners outside the very limited service districts of public agencies delivering water must depend on individual wells. The California foothills are part of a fractured rock water system and have no aquifers. There are no guarantees that water will be found each time a well is drilled. Within the County there are nine areas served by community water systems. The principal areas where a community water system is available and their present supply situation are as follows.

• Coulterville Town Planning Area – operated by the County of Mariposa

• El Portal water system – operated by the National Park Service

• Fish Camp: ∗ Yosemite Alpine Village Community Services District – operated by an independent

special district ∗ Fish Camp Mutual Water company – operated by a private water company

• Lake Don Pedro subdivision area – operated by the Lake Don Pedro Community Services District

• Mariposa Pines – operated by the County of Mariposa

• Mariposa Town Planning Area – operated by the Mariposa Public Utility District

• Ponderosa Basin water system – operated by the Ponderosa Basin Mutual Water Company, a private water provider

• Wawona water system – operated by the National Park Service

• Yosemite West water system – operated by the County of Mariposa

B. Community Sewer Service

Within Mariposa County there are seven community sewer systems in operation.

• Coulterville Town Planning Area – operated by the County of Mariposa


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• El Portal wastewater treatment – operated by the National Park Service

• Lake Don Pedro golf course area – operated by the County of Mariposa

• Mariposa Pines subdivision – operated by the County of Mariposa

• Mariposa Town Planning Area – operated by the Mariposa Public Utility District

• Wawona Town Planning Area – operated by the National Park Service

• Yosemite West subdivision – operated by the County of Mariposa

8.8 HOUSING ISSUES

8.8.01 MARIPOSA COUNTY HOUSING AND COMMUNITY DEVELOPMENT AGENCY

In 1989, the Board of Supervisors established the Housing and Community Development Agency (HCDA) to develop and implement housing and other community development programs. Primary funding was to be derived from state and federal sources. Formation of the HCDA resolves a critical issue that previously faced the County. There was no governmental entity or non-profit organization that would be directly responsible for specifically serving the housing needs of lower income residents or the county’s residents as a whole.

Affordable housing development is facilitated by HCDA. HCDA currently operates several affordable housing programs: Section 8 rental assistance (as the Housing Authority of the County of Mariposa), emergency homeless and homeless prevention, housing rehabilitation (Community Development Block Grant Small Cities and Farmers Home Administration Section 504 programs), and weatherization.

In addition to specific program implementation, HCDA’s goal is to facilitate budget counseling, first time homebuyer programs, and provide technical assistance to local businesses and organizations such as the Board of Realtors. HCDA staff also participates in statewide organizations involved with the preservation and development of affordable housing.

8.8.02 ECONOMIC DEVELOPMENT Mariposa County’s economy is dominated by being the host county of Yosemite National Park. The majority of jobs in Mariposa County are related to tourism. Although unemployment is low during peak tourist periods, lower wages and seasonal employment prevail. The County recognizes the disparity between its housing prices and typical wages.

The County relies heavily on tourism as vital part of its economy. Yosemite National Park is the anchor attraction. The large number of service type employees increases the demand for housing in the low and moderate-income ranges.

Yosemite Concession Services (YCS) currently provides 1,300 bed spaces during the summer and about 700 during the winter for its employees. This housing includes cabins, apartments, dorms, and tents located in different location in the Park. The National Park Service (NPS)


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provides approximately 300 housing units in the form of trailers, apartments, and cabins for its employees. Much of the YCS and NPS housing is old and needs to be replaced. An estimated 250 NPS and YCS employees reside in Mariposa County outside of Park boundaries and its Administrative site. These are generally higher income management employees seeking home ownership opportunities. Due to relatively low home ownership costs and the employees’ high incomes, no special provision is made in this housing element for their needs. The substandard housing provided by YCS and NPS is an area of concern to Mariposa County. However, Mariposa County does not have jurisdiction over housing within Yosemite National Park.

The current NPS Management Plan for Yosemite National Park calls for Yosemite Park employee housing to be relocated to El Portal and other parts of the park outside of Yosemite Valley, if adequate housing cannot be found outside of park boundaries.

8.8.03 ENERGY CONSERVATION Since the energy crisis of 1973-1974, utility payments as a percent of housing costs have increased dramatically. Constructing new homes with energy conserving features, in addition to retrofitting existing structures, will result in a reduction in monthly utility costs. There are many ways to determine how energy efficient an existing building is and, if needed, what improvements can be made. Pacific Gas & Electric (PG&E) offers free home energy audits and can specify areas for energy conservation. Examples of energy conservation opportunities include installation of insulation and/or storm windows and doors, use of propane instead of electricity, installation or retrofitting of appliances that are more efficient and mechanical or solar energy systems, and building design and orientation which incorporates energy conservation considerations. Compliance with Title 24 will enable homeowners to reduce energy consumption.

Because of Mariposa County’s diverse climate, various energy conservation measures will have different impacts on energy consumption based on location. For example, energy consumption in homes located in the western portion of the County below 1,000 feet is heavily impacted by space cooling needs between May and October. Conversely, energy consumption in homes located above 3,000 feet is more impacted by space heating needs between October and April.

In addition, Mariposa County HCDA operates the Low Income Home Energy Assistance Program (LIHEAP) and the Weatherization Assistance Program. Both of these federally funded programs provide for the installation of energy conservation measures on homes occupied by low-income households. Energy education is also a component of these programs.

Finally, Mariposa County HCDA provides information to local banks regarding Energy Efficient Mortgage and other programs designed to reduce energy and other housing costs.


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8.9 HOUSING ELEMENT REVIEW

8.9.01 ANALYSIS OF THE COUNTY’S PROGRESS IN IMPLEMENTING THE HOUSING ELEMENT

State law, Government Code Section 65588 requires each local government preparing a housing element to review and analyze the following.

• The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the State housing goal.

• The effectiveness of the housing element in attainment of the community’s housing goals and objectives.

• The progress of the County in implementing the housing element.

Mariposa County is required to review its efforts since adoption of its Housing Element in 1989. The following analysis is provided to meet these requirements.

8.9.02 ACHIEVING THE 1995 HOUSING ELEMENT GOAL As part of its 1989 Housing Element, an overall housing goal was adopted to provide direction for Mariposa County’s housing program. This goal was reaffirmed and readopted with the 1995 Housing Element update. The overall housing goal of Mariposa County was: to provide an adequate supply of sound, affordable housing units in a safe and satisfying environment for the present and future residents of the County, regardless of race, age, religion, sex, marital status, ethnic background or personal disabilities.

The County’s 1995 goal was further defined through ten policies to guide the necessary objectives and programs. These policies were as follows.

1. Ensure there are an adequate number of housing units to meet the needs of its citizens.

2. Ensure that housing is affordable to all economic segments of the community.

3. Ensure that there are adequate sites and facilities available to support future housing needs.

4. Ensure that there are housing units available to serve persons with special housing needs.

5. Work diligently towards the rehabilitation of its housing stock and strive to replace housing units in need of replacement.

6. Encourage regular maintenance of housing as a means of conserving existing housing stock.

7. Develop strategies and actions to increase homeownership opportunities through economic development.

8. Assist citizens in need of short-term emergency housing.

9. Prevent discrimination in housing.


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10. Continue citizen participation as part of the housing element preparation and revision process and maintain consistency between all policies of the General Plan.

8.9.03 PROGRESS IN IMPLEMENTING HOUSING ELEMENT PROGRAMS

To implement the policies cited above the County adopted a set of programs. Each of the programs which the County adopted as part of its 1995 Housing Element are listed below (in bold) along with a description of the County’s progress in implementing that program.

1.1 The Planning Department shall regularly review its permit procedures to reduce the cost and time of processing permits.

Timeframes for processing variances, use permits, or General Plan/zoning amendments are shorter than those of surrounding rural counties. Pursuant to Board of Supervisors direction in 1993 to streamline the permitting process, the County experimented with a number of changes in process. Effectively, the County presents a concept of a “one-stop shop” with Planning, Building, and Health available at one location. In 2000, Mariposa Planning shortened project application-to-action timelines to eight to twelve weeks for projects not requiring environmental impact reports.

1.2 The Building Department will not impose any requirement for construction other than those mandated by State law or those necessary to maintain the health and safety of citizens.

The County Building Department has not enacted any requirements other than those required by State Law or necessary to maintain the health and safety of citizens.

2.1 The County will continue its support the Mariposa County HCDA

The County, shortly after adopting the 1989 version of the Housing Element established the Mariposa County HCDA, which also acts as the County Housing Authority. This immediately resulted in an annual increase of 30 units of housing affordable to very low-income households due to an increase in the amount of Section 8 Housing Vouchers in the County. In addition, rehabilitation programs and participation in first time homebuyer programs have resulted in additional affordable housing in Mariposa County.

The County believes that the HCDA provides the most effective means of accessing state and federal funds and leveraging these funds for private investment in housing and infrastructure to meet housing needs

2.2 The County will encourage, support, and assist agencies and developers to apply for funds from available state and federal programs to provide low to moderate income housing. The County will provide support services such as helping identify sites where low and moderate income housing will not conflict with existing development policies and expediting the processing of permits.

The County Planning and Building Department and HCDA have provided assistance to developers of affordable housing. Five affordable rental housing developments have been constructed with County assistance, four of which were funded with low-income


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housing tax credits. Since 1995, nearly 100 units of affordable rental housing have been constructed in Mariposa County through the assistance of the HCDA. These accomplishments overlap the units identified in Objective 2.1, as not all affordable units are necessarily Section 8 housing.

2.3 The County will provide a 25 percent density bonus for those projects in which 25 percent or more of the units will be affordable to persons of low or very low income households or units for qualified residents as required by recent amendments to Government Code Section 65913.4, et. seq.

The County has provided a 25 percent density bonus or other equal incentives to the developers of the affordable housing projects cited above. The developers selected the incentives.

2.4 The County will continue to allow second units in conjunction with single-family residences.

The County continues to allow for second units in conjunction with single-family residences.

2.5 The County will continue to allow mobile homes in residential zoned areas and will not adopt unreasonable restrictions regarding their size or architectural features that would prevent them from being placed in these areas.

The County continues to allow manufactured homes on residential parcels. The large percentage of manufactured and mobile homes in the County (28 percent) attests to the County’s policies that facilitate this housing type.

2.6 The County will actively support home ownership programs which “free up” additional rental units affordable to low income households.

The County has not had the staff capacity to manage a homebuyer assistance program. The HCDA hired additional staff in 2001 to embark on new housing and community development programs. The County received a CDBG planning grant application from the California Department of Housing and Community Development to assess the needs of low-income and special needs populations groups in Mariposa County and devise program strategies to address those needs. The County anticipates that one of those strategies will be to increase homeownership opportunities for low- and moderate-income households.


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2.7 As allowed by State and Federal laws, affordable housing programs shall provide a preference for local residents.

The County has not actively pursued housing programs since 1995 due to limits on staffing and funding. Local only preferences are not permitted by many funding sources, although there are other methods of marketing and targeting programs to ensure the existing residents can benefit to the maximum extend permitted by law.

3.1 Whenever the County updates its zoning ordinance, general plan or specific plans, it shall ensure that enough land is set aside for all types of residential development including mixed use development provisions.

As indicated in its vacant land inventory, the County has allocated more than sufficient land to meet its housing needs over the next 20 years.

3.2 The Planning Department will conduct land use surveys to identify vacant land that is residentially zoned or has residential potential and is served with water and/or sewer service. The Planning Department will use this information to identify lands that could support higher residential densities. The County will rezone an adequate supply of these lands to higher density residential uses if compatibility problems would not arise.

The County has maintained no surveys or data to track undeveloped land inventory. The County is in the process of implementing a geographic information system which will provide this information “on demand” from desktop computers.

3.3 The County will encourage and assist special districts to expand and improve their sewer and water service capabilities if such improvements are consistent with the County policies.

As discussed in the non-government constraints section, the County has supported efforts to expand water and wastewater services. The County of Mariposa provided $2,000,000 to the Mariposa Public Utility District for a major water project for the Town of Mariposa. In addition, the County financed water and/or wastewater system improvements for several small special districts located in the communities of Coulterville, Lake Don Pedro, Mariposa Pines, and Yosemite West.

3.4 The County shall consider alternatives for reducing the net cost to the County of services required by residential development while not discouraging housing production. This could be accomplished either through a new fiscal or economic development element or a revised land use element.

The County has continued to implement its General Plan with land use patterns facilitating the development of housing.


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4.1 The County shall apply for State Community Development Block (CDBG) Grants, FmHA 504, FmHA Rural Preservation, Office of Community Services and other housing rehabilitation programs in order to finance the rehabilitation of substandard homes in the County.

The County was successful in obtaining funding to assist housing rehabilitation during the early 1990s. As discussed above, the County was unable to successfully access state and federal funding for housing rehabilitation for several years. The County received a $250,000 Native American Allocation CDBG Grant in 1999, but has only been able to use half the funding on two homes occupies by very low-income households. The County was unable to use all of the funding due to difficulties in marketing the program and finding qualified applicants.

4.2 The County will begin identifying housing units that are beyond rehabilitation and will take steps to have these units replaced. However, it will first make certain that adequate and affordable substitute housing is available for those persons who must be relocated. Funding from CDBG Planning Funds will be requested to conduct a housing conditions survey.

See evaluation of program 4.1 regarding the County’s ability to access funding for housing rehabilitation.

4.3 The County shall encourage local lending institutions to provide Section 203(a), refinance, and other home improvement loans.

The County affiliated with special lending programs offered by the Regional Council of Rural Counties. To be offered by local banks, the programs were never properly promoted and local lenders were not educated on program benefits. None of the programs have been used during this Housing Element review.

4.4 The County shall actively implement the federal preference for households residing in substandard housing for Section 8 Rental Assistance Program.

The HCDA implements this federal preference for households in substandard housing. The County believes that this should continue to be a priority use of limited housing vouchers.

5.1 All rental rehabilitation programs undertaken that use public funds and/or that receive the County’s assistance to obtain these funds, shall include provisions to insure that the rentals to be rehabilitated remain affordable (as defined by the California Department of Housing and Community Development) to the prospective or existing tenants for a term that is either: a) The initial term of the rehabilitation loan or, b) five years, whichever is longer.

There have been no rental rehabilitation programs undertaken in the County since 1995.


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6.1 The County should stimulate voluntary code compliance by providing guidance and technical assistance to residents who wish to make their own repairs. This can be accomplished by encouraging local educational and other institutions to establish home repair clinics.

Mariposa County HCDA assists interested property owners in attending to deferred maintenance, housing rehabilitation, and housing replacement. HCDA has been working with local Realtors regarding home repair clinics. Mariposa County’s Building Department invests countless hours with property owners providing assistance and responding to questions for self-improvements to property meeting code requirements.

6.2 The County will enforce the Housing, Electrical, Fire Prevention Codes and the Health and Safety Regulations.

The County does not conduct housing inspections unless there is a request from the occupant.

7.1 On a yearly basis, Mariposa County HCDA shall meet with other County Departments to determine special housing needs.

Mariposa County HCDA meets with the Board of Supervisors and other County Departments on a regular basis regarding appropriate housing programs for the County. For example, this process determined the housing rehabilitation need in the County. The HCDA completed a special housing needs study in 2003 through a CDBG planning grant allocation.

7.2 The County will encourage nonprofit and for-profit groups and individuals to include within their projects, housing units for special needs groups.

As described in the at-risk rental housing section, the County has assisted nonprofit and for-profit housing providers in accessing funding and low-income tax credits to provide affordable rental housing units for seniors, low-income families, and other special needs groups.

7.3 The County will encourage; support and assist nonprofit and for-profit groups and individuals to apply for funds from available State and federal programs to provide special need type housing.

See description of Program 7.2.

7.4 The County will encourage the construction of housing for senior citizens near areas where a full range of governmental, commercial and medical facilities exist.

The County has designated land within the Mariposa Town Planning Area and Coulterville Town Planning Area for higher density residential use appropriate for senior housing with access to services. County planning policy encourages the development of multifamily units including senior housing in Mariposa and Coulterville Town Planning Areas where an array of services could exist.


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7.5 The County or nonprofit housing group should investigate the possibility of starting a shared housing program. This program matches an elderly person with another compatible person seeking housing.

A shared housing program was not pursued and not made a Board of Supervisors’ priority.

7.6 The County will encourage nonprofit and for-profit groups and individuals to provide low cost child daycare facilities in appropriate areas of the County.

The County has taken no action to implement this program.

7.7 The County will evaluate projects on an individual basis to determine whether daycare facilities should be provided.

The County has never implemented a component of its project review to assess the need for daycare facilities.

7.8 The County should continue to coordinate with the National Park Service (NPS) and other agencies as a means of coordinating efforts to solve common housing problems. This includes commenting on and determining the impacts of NPS housing plans.

The County continues to regularly coordinate with the National Park Service regarding housing issues and provides constructive comments to all NPS housing plans. The County is currently working with the Park Service to identify potential locations for the relocation of employee housing as part of the implementation of the Yosemite Valley Plan.

7.9 The County shall encourage tourism-related commercial developments include employee housing as a component of the project.

The County has accepted a few scattered development proposals incorporating residential development with commercial development, but has not undertaken active implementation of this policy.

8.1 The County will offer home weatherization programs and support other agencies efforts in this area.

Mariposa County HCDA implements the Department of Energy and US Health and Human Services Weatherization programs. Total annual funding is about $110,000.


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8.2 The County will encourage all new major subdivisions to be laid out with a solar efficient and energy saving design.

The County Planning and Building Department enforces the “Title 24” energy conservation building standards and encourages energy conscious layout of subdivisions. At present, the County does not offer specific development incentives for energy efficient design for solar access. Most residential subdivisions contain lot sizes of five or more acres. The General Plan and lack of infrastructure effectively limits sites for major subdivisions. Small lot “urban” subdivisions are unlikely to occur in the County.

9.1 The County will continue to support economic diversification to higher wage employment to increase home ownership opportunities.

The County has continued to support economic diversification programs to improve the wages and salaries in the County. During 2001, the County participated in the San Joaquin Access program to identify strategic needs for improving telecommunications to serve more diverse business needs.

9.2 The County may develop an economic development policy and may submit an Overall Economic Development Plan to the U.S. Economic Development Administration.

The County has taken no steps to implement this program. The County is considering the strategic role a tourism or economic development department may play in the future, but no definitive action was set at the time of Element adoption in 2004.

9.3 The County will continue participation in joint Powers Authorities or other programs that provide additional mortgage funds for first time homebuyers.

The County has taken no active steps to promote or utilize this program.

10.1 The County shall continue to apply for emergency housing funds available from the Department of Housing and Community Development.

HCDA operates the Emergency Housing Assistance Program, FEMA, and other homeless and homeless prevention programs in Mariposa County. In addition, the Calaveras-Mariposa Community Action Agency provides funding to Mountain Crisis Services for assistance to the victims of domestic violence.

11.1 The County will direct persons with complaints of housing discrimination to the appropriate State and federal agencies that handle such complaints.

The County meets minimum requirements for housing discrimination complaint investigation. There is no outreach or other active program related to discrimination.

12.1 The County will conduct public hearings prior to the adoption of this element.

This is required by State law. During the review of the Draft Housing Element, the Planning Commission held five formal public hearings and 54 informal public workshops throughout the County. Section 8.3 describes the public participation program for the Housing Element.


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12.2 The County will continue to maintain consistency between the Housing Element policies and other policies contained within the general plan.

Integrating the Housing Element into the General Plan assures its compliance with State consistency requirements.

12.3 County HCDA staff will conduct an annual review of the , objectives and programs of the Mariposa County Housing Element. Staff will provide the annual report to the County Planning Commission and Board of Supervisors.

This program has not been implemented prior to 2002.

12.4 County HCDA staff will provide a copy of the adopted Housing Element to all special districts in the County that provide water and sewer services. This action is taken to meet State Housing Element laws.

The County provides copies of the Housing Element and all other General Plan elements to public agencies.

8.10 HOUSING GOALS, POLICIES, AND PROGRAMS This is the most crucial section of the Housing Element for it is the section that determines if the State’s housing goal of ensuring a “decent home and satisfying living environment for every Californian” will be achieved. Within this framework, it is recognized that the total housing needs identified in the Housing Element may exceed available resources and the community’s ability to satisfy this need within the programs of its General Plan. Under these circumstances, the quantified objectives need not be identical to the identified existing housing needs, but should establish the minimum number of housing units that can be constructed, rehabilitated, and conserved over a five-year time frame.

State law stresses that communities should implement housing programs that will maintain, improve, and develop housing in accordance with their community’s goals and objectives. These programs should attempt to implement the following:

• Identify adequate sites which will be made available to facilitate and encourage the development of a variety of types of housing for all income levels;

• Assist in the development of adequate housing to meet the needs of low and moderate-income households;

• Address and, where appropriate and legally possible, remove government constraints to the maintenance, improvement, construction, and development of housing;

• Conserve and improve the condition of the existing affordable housing stock; and

• Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color.

These undertakings, along with Mariposa County’s housing goals, are intended to provide a framework for the policies, objectives, and programs contained in this chapter.


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8.10.01 FINDINGS UNIQUE TO THE COUNTY OF MARIPOSA The County of Mariposa has challenges for housing affordability as faced by the remainder of the State of California. Additionally, the County has unique challenges for meeting housing needs. The Housing Element addresses those issues and provides programs to accomplish housing goals. These are detailed in Section 8.13.

8.10.02 MARIPOSA COUNTY’S HOUSING GOAL The overall housing goal of Mariposa County is:

Provide opportunities for an adequate supply of sound, affordable housing units for ownership and for rent in a safe and satisfying environment for the present and future residents of the County.

This chapter establishes the County’s housing goals and objectives; and a five-year program to meet the County’s housing needs.

8.10.03 MARIPOSA COUNTY’S HOUSING POLICIES It is the County’s goal to facilitate the accomplishment of these policies. The Board of Supervisors will make every effort possible to achieve the following.

A. An adequate number of housing units to meet the needs of its citizens.

B. Housing that is affordable to all economic segments of the community.

C. Adequate facilities available to support future housing needs.

D. Housing units available to serve persons with special housing needs.

E. Rehabilitation of housing stock and replace housing units in need of replacement.

F. Promoting regular maintenance of housing as a means of conserving existing housing stock.

G. Strategies and actions to increase homeownership opportunities through economic development.

H. Assistance to citizens in need of short-term emergency housing.

I. Prevention of discrimination in housing.

J. Citizen participation as part of the housing element preparation and revision process and maintain consistency between all policies of the General Plan.

K. Collaboration with the National Park Service and its concessionaries—major providers and consumers of the County’s public and private housing stock—to address mutual housing challenges and opportunities.


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8.10.04 HOUSING OBJECTIVES AND PROGRAMS

A. Objective One: Accommodate the County’s Housing Allocation

California law requires the Department of Housing and Community Development provide the County of Mariposa with its “fair share” of regional housing. This Regional Housing Needs Allocation (RHNA) establishes the minimum number of dwelling units per income classification.

A(1) FINDINGS

The County is statutorily required (Refer California Government Code section 65983) to plan to accommodate 1,620 dwelling units between January 1, 2002 and June 30, 2008—averaging 216 dwelling units per year according to the housing allocation prepared by HCD. One quarter of these dwelling units should be affordable to very low-income households, 15 percent to low-income households, 20 percent to moderate-income households, and 40 percent to above moderate-income households. This does not require the County to construct the units, but the County needs to ensure there are no barriers to preclude the units’ development and occupancy.

A(2) PROGRAMS:

1.1 The Development Services Departments shall annually review permit procedures to reduce the cost and time of processing housing development.

Responsible Agency: County Administrative Officer. Time Frame: Annually in October. Funding: Permit fees, general fund.

1.2 The Building Department will not impose any requirement for construction other than those mandated by State law, the General Plan, or those necessary to maintain the health and safety of citizens.

Responsible Agency: Building Department. Time Frame: 2003 – 2008. Funding: Permit fees, general fund.

1.3 The County of Mariposa shall make every effort to collaborate with the National Park Service and its concessionaires, the County’s lodging industry, and private enterprise to resolve housing issues. The County shall make every effort to leverage its authority and access to funding sources to assist in building housing units to house tourism industry employees. The County shall include issues of mutual concern with its partners:

• The leveraging of County-accessible funding sources and grants to assist in the building of housing units for their tourism industry employees;

• The obtaining of long-term lease status enabling homeowner loans for the remodeling, rehabilitation or replacement in areas of joint jurisdiction with the County of Mariposa; and


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• The commenting on and determining the impacts of NPS housing plans and identifying appropriate locations for the relocation of employee housing as part of the Yosemite Valley Plan.

Responsible Agency: Mariposa County Planning Department. Time Frame: 2004 – 2009. Funding: Federal sources or other leverage sources from public and

private sectors.

B. Objective Two: Providing Affordable Housing

Mariposa Housing enters the 21st Century in a housing crisis. There is a very limited inventory of available housing affordable for nearly any income category. Providing affordable housing is not limited to those needing economic assistance, but an assurance of serving all of those needing housing units.

B(1) FINDINGS:

The California Department of Housing and Community Development approved a regional housing allocation plan that requires Mariposa County to accommodate 1,620 housing units between 2001 and 2008, of which 24 percent should be affordable to very low-income households, 16 percent to low-income households, 20 percent to moderate-income households, and 40 percent to above moderate-income households. The County’s allocation equals 216 dwelling units per year, about twice the annual rate of housing construction in Mariposa County since 1990. The County has identified adequate land for residential development and taken steps to increase water and wastewater service capacity in communities that accommodate higher density housing. The County has no control over market factors and the decisions of property owners that dictate how much housing will actually by constructed.

B(2) PROGRAMS:

2.1 The County shall continue its support of the Mariposa County HCDA. Responsible Agency: Board of Supervisors. Time Frame: 2004 – 2009 Funding: Allowable administrative expenses from grant programs

operated by the HCDA, general fund.

2.2 The County shall promote opportunities, support, and assist agencies and private enterprise to apply for funds from available state and federal programs to provide low to moderate income housing. The County will provide support services such as:

• Helping identify sites where low and moderate income housing will not conflict with existing development policies and expediting the processing of permits;

• Applying for state and federal funds on behalf of housing providers when funding sources require public agency involvement;

• Supporting funding applications by housing providers; and • Offering regulatory incentives, such as density bonuses, for projects that include

housing units affordable to very low- and/or low-income households. Responsible Agency: Mariposa County Planning Department. Time Frame: 2004 – 2009.


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Funding: State and federal grant programs (see Objective 4 for program types), general fund.

2.3 The County shall continue to allow a 25 percent density bonus for those projects in which 25 percent or more of the units will be affordable to persons of low or very low income households or units for qualified residents as required by Government Code Section 65913.4, et. seq.

Responsible Agency: Planning Commission, Board of Supervisors. Time Frame: 2003 – 2008. Applications to be considered as qualifying

projects are proposed. Funding: Permit fees, general fund.

2.4 The County shall continue to allow second units in conjunction with single-family residences in conformance with state law. To increase awareness of this housing option among the public and property owners, the County will prepare informational materials. The County will make this information available at County offices (including the HCDA), libraries, and other public agencies.

Responsible Agency: Mariposa County Planning Department. Time Frame: 2004 – 2009. Prepare informational materials by July

2004. Funding: Permit fees, general fund.

2.5 The County will continue to allow manufactured housing and mobile homes on single-family lots in residentially zoned areas, maintain mobile home park zoning, and will not adopt unreasonable restrictions regarding their size or architectural features which would prevent manufactured housing or mobile homes from being placed in these areas.

Responsible Agency: Board of Supervisors, Planning Commission. Time Frame: 2004 – 2009. Funding: Permit fees, general fund.

2.6 The County will actively support home ownership programs through programs administered by the HCDA. After completion of the 2002 special housing needs assessment (a CDBG-funded planning grant activity), the HCDA will determine the most feasible and effective homeownership assistance programs and funding sources to pursue and provide recommendations to the Board of Supervisors.

Responsible Agency: Mariposa County HCDA. Timeframe: Recommend program strategies and potential funding

sources by December 2002. Implement first-time homebuyer assistance program (s) beginning July 2003.

Funding: CDBG planning grant (for initial study), CDBG, HOME, Mortgage Revenue Bonds or Credit Certificate, California Housing Finance Agency, Federal Home Loan Bank Board Affordable Housing Program.

2.7 As allowed by State and Federal laws, the County will target and market its programs so that local residents and workers have an equal or preferential opportunity to participate.

Responsible Agency: Mariposa County HCDA. Time Frame: 2004 – 2009. Funding: Applicable state or federal programs that allow targeted or

preferential marketing.


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C. Objective Three: Providing Adequate Sites and Services

The County shall provide opportunities for adequate housing sites and new subdivisions to accommodate anticipated population growth and its “fair share” of regional housing as required by State law. In addition to traditional sites for housing in the County, the County needs to ensure there are opportunities within performance zoning regulations to allow for housing in close proximity to job centers in Planning Areas.

C(1) FINDINGS

The County has designated sufficient land to accommodate its 2004 - 2009 housing allocation. In addition, the County is meeting part of the need for low- and moderate-income housing by allowing mobile homes and second homes in residentially zoned areas.

Although there are sufficient sites to meet residential land use needs, some water and sewer agencies have experienced problems during the 1990s with the adequacy of their systems, which could adversely affect the amount and type of residential development in the County.

C(2) PROGRAMS:

3.1 Whenever the County updates its zoning ordinance, general plan or specific plans, it shall ensure that enough land is set aside for all types of residential development including mixed-use development provisions. The County will annually review its General Plan for potential adjustments. Every five years, the County anticipates updating the plan to reflect new information and priorities for the short-term (less than five years), mid-term (five to ten years), and long-term (more than ten years). During these update periods, the County may adjust land use designations to reflect changing needs and demands for housing.

Responsible Agency: Board of Supervisors. Time Frame: Annual review with potential revisions every five years. Funding: General Fund.

3.2 The Planning Department will conduct land use surveys in Planning Areas as plans are prepared to identify vacant land that is residentially zoned or has residential potential and is or can be served with water or sewer service. The Planning Department will use this information to identify the highest and best use for lands that could support higher residential densities.

Responsible Agency: Planning Department, Planning Commission, Board of Supervisors

Time Frame: As community plans are prepared Funding: General Fund

3.3 The County shall assist special districts to expand and improve their sewer or water service capabilities consistent the General Plan through assistance in accessing grants and loans from state and federal agencies and funding technical and planning studies, if needed to support such applications.

Responsible Agency: Board of Supervisors. Time Frame: As needed. Funding: State and federal agency planning grants.


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D. Objective Four: Maintenance, Rehabilitation, and Replacement of Existing Housing Stock

Mariposa County will continue to assist in the rehabilitation of substandard dwelling units and the abatement of dangerous residential structures through code enforcement.

D(1) FINDINGS

According to the housing conditions survey, about 1,650 housing units countywide are in need of rehabilitation and 230 units are in need of replacement. The disproportionately high incidence of substandard housing is the result of several factors. One is the age of the County’s housing stock and the lack of maintenance and repair to older housing units. This causes some older and even historic homes to fall into disrepair. Another factor is the number of aging mobile homes which have not been regularly maintained and also need repair or replacement. It is impossible to rehabilitate or replace all of this housing in a short five-year period. Replacing housing must be done with care. Many of these units are probably the only units affordable to low-income households. Strict code enforcement and subsequent demolition may result in displacing residents, leaving them nowhere to go. Additionally, the County should do all it can to ensure that rental housing that is rehabilitated remains affordably priced.

One way to establish a housing rehabilitation program is through the State Community Development Block Grant (CDBG) Program. Created by the Housing and Community Development Act of 1974, the CDBG program is targeted toward lower income households to improve housing and economic conditions. To ensure an efficient program, some local governments contract with other public or nonprofit agencies familiar with rehabilitation programs to administer their CDBG programs. Other state and federal programs can also assist the County in addressing substandard housing conditions.

D(2) PROGRAMS:

4.1 The County shall apply for state and federal assistance for housing rehabilitation to finance the rehabilitation of substandard homes in the County. If funded, the County will continue its existing housing rehabilitation program. In establishing priorities for rental housing rehabilitation, the County will implement the federal preference for households residing in substandard housing for Section 8 Rental Assistance Program.

Rental housing units assisted by the County will include restrictive covenants to ensure that they remain affordable (as defined by the California Department of Housing and Community Development) to the prospective or existing tenants for a term that is either: a) the initial term of the rehabilitation loan or, b) five years, whichever is longer.

Responsible Agency: Mariposa County HCDA. Time Frame: Every two years. Funding: CDBG, HOME, USDA Rural Housing Services Housing

Preservation Grant Program.


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4.2 The County will update its 2003 Housing Condition Survey to estimate the current rehabilitation and replacement need in the next Housing Element update.

Responsible Agency: Mariposa County HCDA. Time Frame: 2008. Funding: CDBG planning grant.

4.3 The County will continue to encourage voluntary code compliance by providing guidance and technical assistance to residents who wish to make their own repairs.

Responsible Agency: Board of Supervisors, Building Inspection Department. Time Frame: 2004 – 2009. Funding: General Fund.

4.4 The County will continue to enforce the Housing, Electrical, Fire Prevention Codes and the Health and Safety Regulations.

Responsible Agency: Building Department, Fire Department. Time Frame: 2004 – 2009. Funding: inspection and plan checking fees.

4.5 Collaborate with the National Park Service and its concessionaires to obtain long-term ground lease status enabling homeowner loans for remodeling, rehabilitation, or replacement for areas of housing within Old El Portal.

Responsible Agency: Board of Supervisors, Planning Department. Time Frame: 2004 – 2009. Funding: General Fund.

E. Objective Five: Fulfilling Special Housing Needs

Mariposa County shall encourage the construction or placement of sufficient housing units necessary to meet the needs of households with special housing requirements.

E(1) FINDINGS

The percentage of elderly persons in the County is higher than in the State as a whole. Many elderly persons live on fixed incomes and cannot afford high housing costs. Besides income problems, senior citizen’s housing should be located in areas where a wide range of governmental, medical and commercial services are available. Not only does such a setting make it more convenient for them, but it also can reduce the cost of traveling to obtain these services.

Handicapped citizens also face housing problems because most units are not constructed to make them accessible, or convenient for them to use. The County should encourage the construction of additional housing for the physically disabled. Female heads of households with children also need special attention because they often have child care expenses that reduces their income and therefore their housing choices. By providing or encouraging low cost child care services, much could be done to address the housing needs of female headed households.

While the State’s “special housing needs” focus on the above two categories, the County of Mariposa recognizes its greatest special housing need is for seasonal employees—a category completely ignored by State law. This issue is detailed in Section 8.13.01, which discusses the housing needs for the County’s largest employment sector.


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E(2) PROGRAMS

5.1 On a yearly basis, Mariposa County HCDA shall meet with other County Departments to determine special housing needs.

Responsible Agency: Mariposa County HCDA. Time Frame: Conduct special housing needs assessment in 2002.

Conduct annual meetings before each fiscal year. Funding: CDBG planning grant, administrative funds from state and

federal grant programs, general fund. 5.2 The County will encourage nonprofit, for-profit organizations, and individuals to

include within their projects, housing units for special needs groups by providing assistance in accessing state and federal funds for special needs housing and supportive services and the results of the special housing needs assessment.

Responsible Agency: Mariposa County Planning Department, HCDA. Time Frame: As opportunity arises. Funding: Child Care Facilities Finance Program, USDA Rural

Housing Services (Rural Rental Housing, Community Facilities grants and loans), CDBG.

5.3 The County will encourage, support and assist nonprofit, for-profit organizations, and individuals to apply for funds from available State and federal programs to provide special need type housing. For programs that require a public agency applicant, the County will take the lead.

Responsible Agency: Board of Supervisors, Mariposa County Planning Department, Mariposa County HCDA.

Time Frame: 2004 – 2009. Funding: USDA Rural Housing Services (Rural Rental Housing,

Community Facilities grants and loans), CDBG, HOME, Tax Credit Allocation Committee (low-income housing tax credits), CDBG planning grant (to provide technical assistance in accessing state and federal funds).

5.4 The County will encourage the construction of housing for senior citizens near areas where a full range of governmental, commercial and medical facilities exist.

Responsible Agency: Mariposa County Planning Department, Mariposa County HCDA.

Time Frame: 2004 – 2009. Funding: General Fund.

5.5 The County shall encourage nonprofit, for-profit organizations, and individuals to provide child day care facilities in appropriate areas of the County.

Responsible Agency: Mariposa County Planning Department, Mariposa County HCDA.

Time Frame: 2005. Funding: General Fund.

5.6 The County shall collaborate with the National Park Service (NPS) and other agencies as a means of coordinating efforts to solve common housing problems.

Responsible Agency: County Administrative Officer, Planning Department. Time Frame Ongoing. Funding: General Fund.


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F. Objective Six: Minimizing Housing Costs by Reducing Energy Use

Mariposa County shall seek ways to reduce residential energy use as a means of minimizing monthly housing costs.

F(1) FINDINGS:

Mortgage payments, insurance, and taxes are not the only costs of operating a home. Utilities to light and heat homes are also necessary. Utility costs are rapidly consuming a greater portion of monthly housing costs.

In Mariposa County there are hot summers and cold winters and utility rates are rising. These costs have reached a level which makes it difficult for some homeowners to meet their monthly housing obligations. While the County has little say in regulating the costs of utilities, it can take steps to make housing more energy efficient and therefore less expensive to operate.

F(2) PROGRAMS:

6.1 The County will offer home weatherization programs and support other agencies efforts in this area by providing information to the public and referrals on weatherization assistance programs.

Responsible Agency: Mariposa County HCDA. Time Frame: 2004 – 2009. Funding: US Health and Human Services Weatherization programs,

CDBG, HOME, USDA Rural Housing Services. 6.2 The County shall encourage passive solar design in new residential construction to

assist homeowners with reducing energy usage and costs.

Responsibility: Building Department. Time Frame: 2004 – 2009. Funding: Building Department through hand-outs or other materials

about passive solar construction; most available from California Energy Commission.

G. Objective Seven: Increasing Home Ownership Opportunities

The County shall make efforts to increase home ownership opportunities by encouraging economic development.

G(1) FINDINGS:

In a rural setting such as Mariposa County, home ownership can be affordable with the appropriate regulatory and financial incentives. In addition, the lack of a wide range of lending institutions limits first-time homebuyers mortgage funds. In Mariposa County, renting a home of adequate size and quality for many families is as expensive as a mortgage for owning a home, and so they are also subject to overpaying. Creating ownership opportunities has long-term benefits for the County.


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G(2) PROGRAMS:

7.1 The County shall continue to support economic diversification to higher wage employment to increase home ownership opportunities.

Responsible Agency: Mariposa County HCDA, Mariposa County EDC. Time Frame: Update General Plan to be completed in 2002.

Implementation 2004 – 2009. Funding: Transient occupancy tax, USDA Rural Community

Development, USDA Rural Housing Services (community facilities programs), CDBG, U. S. EDA.

7.2 The County shall seek funding from state and federal sources to provide funding for first-time homebuyer assistance.

Responsible Agency: Board of Supervisors and Mariposa County HCDA. Timeframe: Submit state and federal funding requests every other year,

2004 – 2009. Funding: Mortgage Revenue Bonds or Credit Certificates, HOME,

USDA Rural Housing Loan programs, CalHome Program, and California Gold.

H. Objective Eight: Facilitate Emergency Housing

The County shall facilitate emergency shelter to persons in need of housing on a short term, emergency basis.

H(1) FINDINGS:

For a variety of reasons, individuals and families may have a need for emergency, short-term housing. In providing emergency housing, the County does not have to operate or staff a specific facility but can make whatever arrangements it feels are necessary to provide shelter on a case-by-case basis.

H(2) PROGRAMS:

8.1 The County shall continue to apply for emergency housing funds available from the Department of Housing and Community Development.

Responsible Agency: Mariposa County HCDA. Time Frame: Apply for funding every other year. Funding: Emergency Housing Assistance Program, USDA Rural

Housing Services (community facilities program). 8.2 The County shall continue to permit emergency shelters and transitional housing in

multifamily residential and commercial zones.

Responsible Agency: Mariposa County Planning Department. Time Frame: 2004 – 2009. Funding: Permit Fees, General Fund.


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I. Objective Nine: Eliminating Housing Discrimination

The County shall not allow discrimination to interfere with the attainment of its housing goals and objectives.

I(1) FINDINGS:

Discrimination compounds the problems of individuals and families of low income and those with special housing needs. Discrimination in housing is illegal and state and federal laws prohibit it. The County should play a role in preventing discrimination by referring persons with discrimination complaints to the State and federal agencies that are established to deal with such issues.

I(2) PROGRAMS:

9.1 The County will direct persons with complaints of housing discrimination to the appropriate state and federal agencies that handle such complaints. The County will maintain information on fair housing laws and the process for filing discrimination complaints. The information is posted in the library and its branches, all County offices., The law requires posting in real estate and property management firms. The County identifies its support of equal opportunity on all application forms associated with housing and employment, as well as housing-related advertising in print media. There are no local broadcast media, so media information from other jurisdictions is occasionally available from television and radio that promotes inquiries when there are problems with potential discrimination in the County.

Responsible Agency: Mariposa County HCDA. Time Frame: 2004 – 2009. Funding: CDBG, General Fund.

8.11 QUANTIFIED OBJECTIVES State law requires the Housing Element to include quantified objectives by income level that, at a minimum, address development, (new construction) conservation (housing rehabilitation), and preservation (of at-risk rental units). The County’s quantified objectives for the period 2003 through 2008 are listed below.


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Table 8-11: Quantified Objectives

Very Low Low Moderate

Above Moderate

New Construction 100 200 324 648 Rehabilitation 30 20 --- --- At-Risk Units a a --- --- Conservation b b --- --- aThere are no at-risk units to preserve between 2004 and 2013. The County will continue to monitor the status of subsidized rental units during the period covered by this Housing Element. bWhen funds are available through grants, the County offers an “on demand” program to provide for replacement of substandard, unsafe, or uninhabitable mobile homes for very low and low income households. Quantification is not possible because the availability of funds are not known at this time.

8.12 HOUSING ISSUES UNIQUE TO THE COUNTY OF MARIPOSA

8.12.01 SEASONAL EMPLOYEE HOUSING The largest employers in the County are the National Park Service, Yosemite Concession Services, and the tourism industry as a collective employer. The biggest influx of employee housing needs are for seasonal employees during the peak summer months. The California Department of Forestry and Fire Protection, US Forest Service, and the School District also have large numbers of seasonal employees. The direction of the Plan is to extend the peak season through improvements to shoulder season visitor counts. This will provide opportunities to extend seasonal employees to three-quarter year or even full year employee status. Once someone is working in an area for nine months or more, this person begins to connect with the local community as a full time resident.

The Park housing situation results in both impacts on Mariposa County’s private housing stock, and the ability of the Park Service and Concessionaire to hire and house employees. The Yosemite National Park General Management Plan incorporates programs to relocate some housing out of Yosemite Valley. Collaborative planning by the Park Service and the County as well as independent action by the County are necessary in order to resolve the seasonal housing issues.

There is a need to create seasonal housing, but to create it as a place where people can live, recreate, relax, and enjoy their non-working hours. Housing for seasonal workers should include adequate infrastructure, and when possible, access to community services. Siting employee housing such that residents must travel long distances or travel times to these basic facilities results in significant traffic and transportation issues—not only to work, but also to shop, play, and recreate.

8.12.02 HOUSING AND UNIVERSITY OF CALIFORNIA AT MERCED

The University of California is developing a new campus at Merced. University of California at Merced opens in September 2005 and adds students at a rate reaching 10,000 full time


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equivalent (FTE) students in 2014 and a peak enrollment of 20,000 FTE in 2024. The General Plan lifecycle leads UC/Merced growth by a few years allowing the County to pre-plan for the University’s impacts.

The Environmental Impact Report for the Long Range Campus Development Plan purports no housing impacts will occur in Mariposa County. The County is on record finding this assertion to be unrealistic. As the campus initiated its development efforts, many of the University’s initial employees acquired housing in Mariposa County. The General Plan is prepared for household growth equal to as much as five percent of the faculty, staff, and spin-off employment numbers.

The County is on record requesting a linkage to the campus via Highways 140 and 132, as well as interconnecting on J-16, J-59, Merced Falls Road, and La Paloma Road. The campus’ Yosemite Lake site is less than ten miles from the County line via La Paloma Road.

County of Mariposa General Plan

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99 CCIRCULATIONIRCULATION, I, I NFRASTRUCTURENFRASTRUCTURE, , AND AND SSERVICESERVICES

his element identifies circulation and infrastructure needs in the County. The Element provides guidance for transportation and capital facilities planning. General Plan circulation elements typically address transportation issues related to roadways, airports, and rail. State law recognizes that a circulation element can include more than the transport of people, goods, and materials on roadways, waterways, rail, and air routes. Mariposa County has decided to

include the full range of circulation issues in this Element, including public and private utility systems, as well as other infrastructure and services.

The following County planning and policy documents relate to or implement the Circulation, Infrastructure, and Services Element.

Airport Land Use Plan. The Airport Land Use Plan is a document prepared by the Airport Authority (Mariposa County Department of Public Works) for airport development, improvement, and expansion of facilities. The Airport Land Use Plan contains additional restrictions and conditions on land uses in areas surrounding the Mariposa-Yosemite Airport that address noise and safety issues and supplement those of the General Plan. To obtain funding for the airport through the State, the Airport Land Use Plan must be consistent with the General Plan.

Mariposa County Bicycle, Pedestrian, and Equestrian Facilities Plan. The Mariposa County Bicycle, Pedestrian, and Equestrian Facilities Plan was presented to the public in September 2001 but has not been adopted by the Board of Supervisors. The Plan designates the locations of existing and proposed paths and trails for non-motorized travel and recommends improvement standards, classification systems, and funding mechanisms for acquisition, operation, and maintenance of the County’s trail system. The Plan also contains policies regarding public-private partnerships and coordination with property owners where trails cross, or are adjacent to, private lands.

T


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Mariposa County Road Condition Inventory and Pavement Management System. This report identifies the conditions and signage on each road within the County. The County uses the inventory to prioritize expenditures on road maintenance, improvements, and replacement.

Regional Transportation Plan (RTP). The Regional Transportation Plan is a document prepared by the Local Transportation Commission to identify, prioritize, and plan for road construction and improvement projects. The RTP must be consistent with the General Plan. No project identified in the General Plan should be carried out until it is incorporated into the RTP. Similarly, no project identified in the RTP should be carried out if it conflicts with a policy of the General Plan.

Yosemite Area Regional Transportation System (YARTS) Transit Development Plan. YARTS provides regional transit for Mariposa County and adjacent counties focused on transportation for visitors and employees of Yosemite National Park. The Transit Development Plan provides the program for the growth, expansion, and implementation of the regional transit system.

Road Maintenance Program. The Road Maintenance Program is comprised of the policies and procedures for creating road maintenance for purposes of maintaining public roads not within the County-maintained road system. The road standards adopted for these zones of benefit must be consistent with the General Plan policies even if the roads covered by the program are not part of the County-maintained road system.

9.1 CIRCULATION, INFRASTRUCTURE AND SERVICES ISSUES, AND SUMMARY OF FINDINGS

Utilities and public services are essential for communities. Public services and utilities provide transport of water, wastewater, solid waste, emergency medical, and law enforcement services. Private utilities carry electricity, gas, and communications within the County.

Mariposa County is unique because its lands are not solely under the jurisdiction of the County. Since much of the County is federally owned, public services may be operated solely by the federal government in some areas, while other areas offer federal, state, and local services. The following issues are addressed in this Element.

• Roadways

• Transit

• Non-motorized Transportation

• Airports

• Water and Wastewater

• Solid Waste

• Schools

• Electrical and Telecommunication Services

• Emergency and Law Enforcement Services


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9.1.01 ROADWAYS Land use and circulation planning decisions must be closely coordinated for the County to achieve orderly and rational development. Circulation system service levels and improvement needs are a direct result of land use planning and development decisions that determine the location, type, and density of development.

Similarly, circulation system improvements that create capacity beyond the short-term needs of current land uses often stimulate pressures for further development. Circulation system improvements can create demands for changes in land uses that are not supported without improvements. Land use policies and development decisions affect the circulation system demands, policies, and decisions.

Mariposa County has over 700 miles of roads. The existing roadway network is made up of state, County, and private facilities (Figure 9-1). The state routes typically provide for regional and sub-regional trips in and out of the County. State routes also facilitate the movement of local traffic between the population centers of Mariposa County. County roadways provide both direct property access connecting private roadways to state routes and local circulation within larger residential areas. Private roads may serve a single parcel or clusters of parcels. Most private roads connect to County facilities, while some private roads connect directly to state facilities. A low population base, constrained funding, and sparse density contribute to the condition of some County roads.


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Figure 9-1: County of Mariposa Circulation System


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In addition to County maintained roads, the County has extensive road mileage in roads with public access maintained with a zone of benefit or private maintenance agreements. Other roads within the County are private roads that may or may not have shared maintenance agreements between owners or users. Historic policies on access to subdivision lots have resulted in the creation of a road system separate from the County system. This system is composed of nonexclusive easements, most of which have an irrevocable offer of dedication to the County. Current improvement standards require these easements to be improved, sometimes up to full County standards, with the level of required improvements depending upon potential intensity of use. County policy currently is to not accept these roads into the County road system. Present development policies call for private maintenance agreements by homeowner associations or the establishment of special assessment districts to maintain and/or improve the subdivision roads.

9.1.02 TRANSIT Public and group transit in Mariposa County has traditionally focused on visitor-serving needs and on the needs of Yosemite employees. With growth and development countywide, the need for public and group transit serving local residents and workers has increased. These needs include expanded operating hours and increasing the number of stops, communities served, and the service routes to Yosemite National Park.

Mariposa County anticipates that land use and economic development trends under the General Plan will result in a need for increased visitor-oriented transit. In the past, visitor-oriented transit has focused on moving tourists from outside Mariposa County to Yosemite. During the timeframe of the General Plan, the County anticipates greater demand for visitor-oriented transit linking communities and events not associated with Yosemite.

9.1.03 NON-MOTORIZED TRANSPORTATION An assessment of non-motorized needs is quantified in the Mariposa County Bike, Pedestrian, and Equestrian Plan (September 2001). This document provides an extensive review of these three non-motorized modes of travel, along with specific goals and objectives and recommended projects.

9.1.04 AIRPORT The Yosemite-Mariposa Airport primarily serves Mariposa County, eastern Madera County, and visitors to Yosemite Park. The airport has no scheduled air service and most of the operations support private owners and tourism. The Airport is sometimes used as a back-up landing site for Fresno air traffic when there is poor visibility due to fog in the Central Valley. The Airport has the potential to expand its role in serving local residents and tourists and acting as a transportation hub for commercial and industrial firms.

9.1.05 WATER AND WASTEWATER Most of Mariposa County is not within the service area of public water and wastewater treatment providers. Therefore, most development in the County must provide for its own water and wastewater treatment through on-site means or small, private communal systems. The largest service areas of public water or wastewater systems are those of the Mariposa


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Public Utility District (MPUD) and the Lake Don Pedro Community Service District (LDPCSD).

MPUD provides water and sewer services to a portion of the Mariposa Town Planning Area. The existing sources of water have the potential to provide an adequate supply for the next 10 to 20 years within the Town Planning Area, depending on growth and water quality/quantity requirements. The treatment facility operates at nearly peak capacity during peak water use days; and therefore, will require expansion to serve future development. The MPUD wastewater treatment plant has the capability to serve additional development. However, portions of the collection system are in need of repair or are at capacity and need to be replaced.

The LDPCSD supplies potable water to 1,250 customer connections (October 2004) for much of the Lake Don Pedro Town Planning Area, but does not operate a wastewater facility. The water treatment plant operates at 85 to 90 percent of capacity. The LDPCSD reserves 5,160 acre-feet per year from the Merced Irrigation District (MID) from Lake McClure, but uses approximately 600 acre-feet of water, leaving an unused allocation that could serve additional connections. The Merced Irrigation District Board of Directors has never denied the request of water from LDPCSD, although LDPCSD’s water agreement with MID is a “surplus and saleable” water contract, which is not a definitive right of water. Negotiations are underway, October 2004, between LDPCSD and MID to secure a “firm” water supply agreement.

Other portions of the County are served by small public systems. Three public water systems provide domestic water to portions of the Fish Camp area through surface springs and groundwater wells. Sewage disposal in the Fish Camp area relies on individual septic tanks and underground leach field systems. Water and sewer service is provided to residents of Coulterville by the Coulterville service area. Water is drawn from a local well system. Mariposa Pines has community sewer service, while Ponderosa Basin has community water service. Wawona and El Portal have community sewer and water service. Within Yosemite National Park, 20 public water systems and five wastewater treatment plants serve the needs of visitors and park employees.

9.1.06 SOLID WASTE The Mariposa County Department of Public Works operates solid waste disposal facilities in the County. In addition to the County landfill, there are four solid waste transfer stations and one auto dismantling station in the County. Based on current and projected rates of solid waste generation, the County estimates that the remaining life of the landfill is seven to eight years. The co-composting facility to be located at the landfill is expected to increase the useful life of the landfill to between 30 and 35 years.

9.1.07 SCHOOLS The Mariposa County Unified School District is the primary provider of K-12 educational services in Mariposa County, although the Bass Lake Unified School District in Madera County provides K-6 education for a small number of Mariposa County children. Much of the County’s population growth is anticipated to occur in areas in which schools are already over-enrolled, at capacity, or nearing capacity (that is, those where enrollment equals 75


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percent or more of capacity). The schools primarily affected are those that serve students from Mariposa, Bootjack, Catheys Valley, and Lake Don Pedro.

Mariposa County Unified School District’s enrollment has decreased by approximately 166 K-12 students over the past three years, and 232 students over the past ten years. In October, 2001, enrollment was 2,613. In October 2002, enrollment was 2,560. By October 2003, enrollment declined four percent to 2,488. Current enrollment status, as of October 2004, recorded 2,447 students.

9.1.08 ELECTRICAL AND TELECOMMUNICATION SERVICES Mariposa County generally has adequate utility connections to provide basic electrical and communications service to its residents, except for those living in the most remote parts of the County. Due to the County’s overall small population size and generally low density, access to high-speed Internet and wireless communications service is limited.

9.1.09 EMERGENCY AND LAW ENFORCEMENT SERVICES Emergency response times and access in and near town planning areas is generally sufficient in Mariposa County. However, emergency medical transport, law-enforcement response times, and service levels depend on the location and distance of residents to existing facilities and the concentration of people or activities that may require these services. Remote areas of the County, particularly those located away from existing points of emergency transport services may not have adequate access to emergency services. Some properties located in or near town planning areas may have inadequate access due to the condition of private roads and driveways. Although one of the trade-offs for rural living is limited access to community services, the County strives to provide as much access to emergency services as feasible for the County’s residents.

9.2 GENERAL PLAN IMPLEMENTATION Goal 9-1: All development shall have safe and adequate access. Policy 9-1a: Level of Service (LOS) shall be used as a measure of capacity for major

collector and arterial roads.

Implementation Measure 9-1a(1): A publicly-maintained road with an LOS of “A” through “D” shall be deemed to have adequate capacity to serve the needs of the road systems. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department, Public Works

Department. Fiscal Impact: Ongoing review. Consequences: It establishes the traditional Level of Service –but allows

LOS as low as “D,” which covers most County roads and State Highways. This requires a change in the Regional Transportation Plan.


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Implementation Measure 9-1a(2): In order to facilitate provision of needed long-range (2015-2025) improvements to state highways serving Mariposa County, and particularly to those state routes where projected capacity would be less than LOS “D,” the County shall: Prepare and implement a program to evaluate Development Impact

Fees for state highway intersection facilities needed to adequately service new growth. Such local funding would ensure the improvements are accomplished in the needed timeframe and would substantially benefit the economic development of the County.

Maintain a close working partnership with the State to solve state highway capacity deficiencies and funding limitations.

Monitor State activities in responding to the long-term transportation needs in the County and provide input to the state concerning the priorities for state highway improvements based on capacity below LOS standards, including timing of long-term Project Study Reports (PSR) for priority projects and their inclusion in the STIP in the needed timeframe.

Timing: Short-term Responsibility: Mariposa County Planning Department, Public Works

Department. Fiscal Impact: Ongoing review. Consequences: Establishes program for development impact fees.

Policy 9-1b: Road capacity shall be the basis for determining the adequacy of access

for all new development within the County.

Implementation Measure 9-1b(1): The County shall define the capacity of all roads. Timing: Short-term Responsibility: Public Works Department. Fiscal Impact: Planning costs. Consequences: Improved planning.

Policy 9-1c: Roads shall have adequate capacity to serve respective road needs.

Implementation Measure 9-1c(1): The density of land for development purposes within an area shall be based on the capacity of the road divided by the average daily traffic of the permitted uses. Timing: Ongoing review standard Responsibility: Public Works Department. Fiscal Impact: Planning costs. Consequences: This action, in effect, will define densities in the

Residential land use classification. Subdivisions will only be permitted to the number of lots within the capacity of the road—thus when roads are improved, the capacity increases and the number of new lots may also be increased.

Implementation Measure 9-1c(2): A traffic study prepared by a professional appropriately licensed in the State of California shall be required if traffic calculations show that the proposed project will significantly increase traffic volumes.


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Timing: Ongoing review standard Responsibility: Mariposa County Planning Department, Public Works

Department. Fiscal Impact: Ongoing review. Consequences: This is an up-front environmental threshold.

Implementation Measure 9-1c(3): The capacity of a county road must be assessed for its capability to meet existing and new uses when the aggregate potential development will increase the utilization of the road by more than 25%. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department, Public Works


Policy 9-1d: Road improvement requirements shall be based on road capacity.

Implementation Measure 9-1d(1): No subdivision or discretionary project shall be approved if the traffic generated by the proposed project will exceed the capacity of the road systems which provide access from the nearest County major collector or State highway unless mitigation is required. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department, Public Works


Policy 9-1e: Adopt comprehensive standards for all County roadways.

Implementation Measure 9-1e(1): The County shall incorporate standards and specifications applicable to roads under County jurisdiction, which will include: • a requirement that all roads serving road systems shall have an all-

weather surface,

• all new roads shall be constructed to fire safe standards,

• all new non-County maintained roads shall be contained within mandatory road maintenance associations or zones of benefit,

• all road construction shall be inspected and approved by the Public Works Department, and

• road circulation within a system shall be designed to be interconnecting and cul-de-sac or dead-end roads shall be designed to be safe.

Timing: Short-term Responsibility: Public Works Department. Fiscal Impact: Staff time. Consequences: These standards provide a basis for the road ordinance

update.

Goal 9-2: Maintain an effective transit system. Policy 9-2a: Implement the County’s transit plan.


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Implementation Measure 9-2a(1): The County shall implement the Transit Plan. Timing: Short-term Responsibility: Local Transportation Commission. Fiscal Impact: Staff time. Consequences: Ensured Plan implementation.

Implementation Measure 9-2a(2): Annually report on implementation of the Transit Plan. Timing: Ongoing Responsibility: Public Works Department. Fiscal Impact: Staff time. Consequences: Incorporates the transit plan into the annual report process.

Implementation Measure 9-2a(3): Update the transit plan concurrently with the next scheduled update of the Regional Transportation Plan. Timing: Short-term Responsibility: Public Works Department. Fiscal Impact: Staff time. Consequences: Brings transit plan in line with Circulation Element.

Goal 9-3: Create a bicycle, pedestrian, and equestrian system for recreation and transportation use.

Policy 9-3a: Adopt and implement the Bicycle, Pedestrian, and Equestrian Facilities Plan.

Implementation Measure 9-3a(1): The County should adopt and implement the Bicycle, Pedestrian, and Equestrian Facilities Plan. Timing: Intermediate-term Responsibility: Local Transportation Commission. Fiscal Impact: Staff time; possible consulting cost. Consequences: Requires this Plan to be updated; statutory requirement.

Implementation Measure 9-3a(2): The County shall update the Bicycle, Pedestrian and Equestrian Plan to create a comprehensive system of transportation and recreation trails. Timing: Intermediate-term Responsibility: Local Transportation Commission. Fiscal Impact: Staff time; possible consulting cost. Consequences: Pre-schedule updates.

Goal 9-4: Maximize the Yosemite-Mariposa Airport as an economic asset.

Policy 9-4a: Improve and expand the airport.

Implementation Measure 9-4a(1): The County shall continue systematic implementation of the Airport Master Plan. Timing: Ongoing Responsibility: Public Works Department. Fiscal Impact: FAA funded program. Consequences: The County has an adopted airport plan, but implements it

on a sporadic basis. Sometimes capital needs change, but the Plan has not been amended. Systematically establishing Plan implementation into the County’s CIP review will ensure tracking and accomplishment.


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Policy 9-4b: Coordinate development permit decisions with the Airport Land Use Plan.

Implementation Measure 9-4b(1): No projects should be approved within the Airport Land Use Planning Area unless consistent with the Plan. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing review. Consequences: Sets a project review standard.

Goal 9-5: Adequate water and wastewater services shall be provided to properties in the County.

Policy 9-5a: New projects and subdivisions should be served by basic water and wastewater infrastructure.

Implementation Measure 9-5a(1): No project shall be approved unless it is shown to have access to an approved source for wastewater treatment and disposal and a potable water supply meeting Health Department requirements. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing review. Consequences: This requires basic infrastructure for all projects. It does

not say what the wastewater treatment is to be or how water is to be provided, but establishes as standard that there be approved systems for development to occur. It also affects subdivision approval.

Goal 9-6: Provide adequate solid waste disposal. Policy 9-6a: Increase waste disposal facility life.

Implementation Measure 9-6a(1): Design, permit, and construct a co-composting facility. Timing: Intermediate-term Responsibility: Public Works Department. Fiscal Impact: Significant capital cost. Consequences: This enables the co-composting facility.

Goal 9-7: Collaborate with the Mariposa County Unified School District for facilities.

Policy 9-7a: Work with the school district on siting facilities.

Implementation Measure 9-7a(1): The Board of Supervisors shall meet periodically with the Board of Trustees for the school district to coordinate capital facility planning. Timing: Ongoing Responsibility: Board of Supervisors. Fiscal Impact: Staff time. Consequences: This policy allows the County to share with the District

where the two agencies can leverage better facilities in partnership than if separate facilities were constructed.

Implementation Measure 9-7a(2): County Staff shall work with school district administration to share information and assist in facilities development. Timing: Ongoing


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Responsibility: Public Works Department, Mariposa County Planning Department.

Fiscal Impact: Staff time. Consequences: This policy allows the County to share with the District

where the two agencies can leverage better facilities in partnership than if separate facilities were constructed.

Implementation Measure 9-7a(3): The County will cooperate with the MUSD, to the extent feasible and permitted by state law, to explore methods for securing adequate funding of new school facilities, which may include the development of local funding mechanisms as well as the utilization of state funds when available. For any project or subdivision where the MUSD determines that adequate school facilities are not available to serve the proposed development, the County will work with the MUSD in securing project sponsored mitigation to the extent permitted by state law. Timing: Short-term Responsibility: Public Works Department, Mariposa County Planning

Department. Fiscal Impact: Staff time. Consequences: This policy allows the County to share with the District

where the two agencies can leverage better facilities .

Goal 9-8: Coordinate private utility services to meet County economic needs.

Policy 9-8a: The County should share information and plans with private utilities to coordinate service delivery.

Implementation Measure 9-8a(1): County Staff should maintain technical and planning liaison with private utilities to ensure appropriate infrastructure accomplishing economic development goals. Timing: Ongoing Responsibility: Mariposa County Planning Department, Planning Director. Fiscal Impact: Ongoing. Consequences: This program allows the County to coordinate with utility

providers to ensure that the County’s development patterns don’t out-strip the ability to provide services.

Goal 9-9: Maintain quality emergency service delivery. Policy 9-9a: Define acceptable service standards and create a comprehensive plan to

attain and maintain service delivery.

Implementation Measure 9-9a(1): Prepare an emergency services plan. Timing: Short-term Responsibility: Mariposa County Sheriff, Fire Chief. Fiscal Impact: Plan development cost. Consequences: This policy requires that a broad and comprehensive

emergency services plan be developed. The result of this plan would be establishing levels of service to be maintained (examples are patrol deputies per 1,000 population; response time for fire departments).

Implementation Measure 9-9a(2): Implement the emergency services plan.


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Timing: Ongoing Responsibility: Mariposa County Sheriff, Fire Chief. Fiscal Impact: Capital improvement and operational costs. Consequences: This Measure requires the Plan to be in implementation

within five years.


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1010 AAGRICULTUREGRICULTURE

griculture production is essential for the County’s future. The Agriculture Element of the General Plan identifies issues and delineates programs related to agriculture in Mariposa County. Agriculture is a crucial policy issue because it contributes to the County’s economic and social sustainability; and is a major aspect of the County’s rural character. The County maintains rural character and creates an important long-term

fundamental economic base when agriculture is nurtured, sustained, and preserved.

10.1 AGRICULTURE ISSUES AND SUMMARY OF FINDINGS

This Element implements programs resolving issues related to agriculture in Mariposa County. Some programs cross element boundaries and are also implemented elsewhere in this Plan. The key issues addressed in the Agriculture Element are:

• preserving agricultural lands,

• working landscape stewardship,

• nurturing the agricultural economy throughout the County, and

• maintaining the rural character of the County.

The inclusion of agriculture as its own element is recognition of the essential contributions agriculture makes to the County’s economy and character.

A


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10.1.01 PRESERVING AGRICULTURAL LANDS A cornerstone of the General Plan is the preservation of the working landscape and the lifestyle it supports for future generations. Mariposa County was one of the first counties in California to enact “right to farm” regulations. Agricultural lands need to be conserved, because they have both direct and indirect impacts on local jobs. If agriculture lands are not maintained, the County’s economic strategy fails to attract new investment capital, misses opportunities to diversify other economic segments, and loses momentum to increase tourism.

Land use policies of the County directly impact the viability of agricultural lands. Agricultural businesses, especially ranching, operate on small profit margins and therefore their viability is susceptible to shifts in pricing, the cost of regulation, and the cost of operation. A key strategy to preserving the County’s working landscape is to nurture the agricultural sector. By maintaining viable agricultural businesses, the County will retain the working landscape.

Operating a viable business is not enough to assure the working landscape is maintained. A number of issues place additional strain on agriculture; however, the County has programs to preserve agriculture and aid the owners. The pressure to convert the Agriculture/Working Landscape to urban uses in Mariposa County will intensify in the 21st century with the development of the new University of California/Merced campus and the continued growth of the Central Valley.

Maintaining the agricultural fabric in the County requires a diverse base of professionals working together. Duties, responsibilities, skills, and experience are distributed among the Natural Resource Conservation Service/Resource Conservation District, the Agriculture Commissioner/Sealer, the Farm Advisor’s Office, the Farm Bureau, and the Cattlemen’s Association, as well as those operating in the industry and providing jobs.

10.1.02 WORKING LANDSCAPE STEWARDSHIP Stewardship is the act of land use conservation and land resource protection. The General Plan is based on the precept that those who live on and manage the land are the best stewards. This is particularly true with agriculture and forestry.

Agriculture utilizes primary resources of soil, water, sun, and air. The viability of agriculture is dependent on conserving and managing these resources for the future. The partnership between the County and private interests create collaboration opportunities to ensure the County’s resources are used in beneficial ways that enhance the value of agriculture in the local economy.

Mariposa County is noted for its diverse habitat, ranging from grasslands in the western part of the County to towering mountain environments in the eastern part of the County. Agricultural lands provide habitat for a variety of plant and animal species. Balancing habitat and wildlife with agricultural uses is essential.

Some exotic plants and animals, such as star thistle and feral hogs, are nuisances in the County. These species are impacting the ability to farm, ranch, and conserve the County’s native vegetation. Although stewardship and conservation ensure agriculture works in


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balance with the ecosystem, measures may need to be taken to attempt to control these invasive species.

10.1.03 NURTURING THE AGRICULTURAL ECONOMY THROUGHOUT THE COUNTY

Specialty crops grown in Mariposa County include organic hops and organic vegetables. Hydroponics and aquaculture are types of farming techniques located in the County. In recent years, there has been a greater interest in growing new crops. The County’s diverse soils and microclimates provide opportunities for increasing the number of specialty crops. Many of these specialty crops are grown on small specialty farms. These small farms provide opportunities to attract the investors to the County and serve as incubators for new and “spin-off” businesses.

Small farms, specialty crops, and working ranches provide opportunities for agritourism. With over three million visitors to Yosemite National Park annually, agritourism provides two benefits—it creates opportunities for additional revenue for the property owner and provides visitors one more reason to stay in the County longer. As specialty operations grow or produce direct consumables, opportunities exist for a “farm trail” similar to Apple Hill in El Dorado County, wine tasting rooms similar to Sonoma and Napa, dude ranches with conferencing centers such as those in Wyoming, or working farms where visitors get to experience ranch life, as is done in Arizona and New Mexico. Such specialty operations are important in California. In addition to maintaining the County’s working landscape, the economic vitality of agriculture is essential to maintaining the rural character.

10.1.04 MAINTAINING THE RURAL CHARACTER OF THE COUNTY

Mariposa’s agricultural heritage helps define its character and is fundamental to the County’s rural lifestyle. These aspects of the County’s character attract vacationers and new residents, bringing investment to real estate, businesses, services, and general County employment.

Degradation of the agricultural landscape diminishes Mariposa’s character and threatens agricultural economic opportunities. It also threatens the indirect or secondary economic opportunities associated with agriculture. A fundamental principle of the General Plan is the retention of the Agriculture/Working Landscape.

The agricultural business in Mariposa County has typically been family owned. The introduction of large agribusiness operations could change the character of the County if not properly selected and located with consideration for impacts on views; resources; open space; circulation systems; and the patterns of life on the County’s ranches, small farms, and communities.

There are several key benefits associated with agriculture as a fundamental part of Mariposa County’s character.

• Agricultural land provides a transition from the surrounding urban landscape to rural agricultural areas of Mariposa County.


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• Agriculture is a major contributor to the local economy in terms of dollars, community commitment, volunteerism, and work ethic.

• Keeping lands in agriculture protects them from the pressure for suburbanization from the neighboring metropolitan areas.

• The concentration of agriculture lands allows the County to focus its service deliveries into more concentrated Town Planning Areas and Residential areas. This is fiscally more efficient, cost effective, and provides for orderly growth.

There are effective programs to assist agricultural business owners in preserving their land. Some property owners have sold development rights creating “conservation easements.” The Sierra Foothill Conservancy, the California Rangeland Trust, and the recently-formed Sierra Nevada Conservancy are among the organizations that assist owners in establishing conservation easements.

The most common agriculture land preservation program in California is the Williamson Act. This state legislation provides a significant property tax reduction for active farms and ranches participating in the program. Land under a Williamson Act contract in Mariposa County has a 20-year rolling term. This means a property owner enters into a contract with the County to preserve the land for 20 years with a new year added as each year passes. To exit a Williamson Act contract, a property owner files a “notice of non-renewal.” Then over the next two decades, the property taxes incrementally increase each year so that at the end of 20 years, the property taxes are at regular levels. There are significant penalties for early withdrawal with contract cancellation.

The Agriculture/Working Landscape classification incorporates both the County’s traditional ranch lands and timberlands at the mid-elevations of the County west of Yosemite National Park. Additionally, there are scattered agricultural holdings and ranches within the Residential land use classification.

The concentration of timber and agricultural lands and their distribution in the County is a major contributing element to the rural character, scenic values, and the preservation of the economic viability of these lands. This presents a policy challenge; how to protect agriculture and timber lands in balance with the need to provide land for housing to accommodate population.

Many of the County’s current large agriculture preserves were assembled by an acquisition of smaller properties over a long period of time. Although the large property today may show on the assessor parcel rolls as a single piece, it may actually consist of a number of legally created smaller parcels. Property owners have the ability to seek a certification of compliance for these legal parcels—even though they may not conform to current zoning regulations.

The challenge that results from the issuance of a certificate of compliance is the recognition, and subsequent sales to individual owners of individual parcels that may be incapable of meeting Williamson Act Contract requirements. The requirements of the overall Williamson Act contract still apply to the entire contracted property even when an underlying parcel is recognized or otherwise sold. To maintain overall economic viability of an agriculture preserve and ensure it remains in compliance with new Williamson Act Contracts, the General Plan places a great emphasis on ensuring that substandard agricultural parcels are not recognized through the certificate of compliance process during the tenure of the new


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contract and that the sale of substandard contract parcels does not create premature expectations of residential development.

Another challenge is the County’s limited available land to accommodate residential development. There are Williamson Act contracts located within the Residential land use classification. Because Williamson Act contracts have a 20-year term, no agriculture preserve will be available for use or residential subdivision during the 20-year life of this General Plan.

Maintaining rural character and accommodating future population requires resolution of these challenges by balancing competing uses. The Plan’s intent is to seek land for future residences in the Residential land use classification and to maintain agriculture uses within the Agriculture/Working Landscape classification.

The General Plan establishes a policy that directs residential subdivision activity around the Highway 49 corridor and designated town planning areas. The remainder of the County’s land use classifications preserves agriculture, timber, and other resources.

A community planning area or special planning area is not necessarily an area for residential growth and development. These planning areas represent a separate policy approach. A planning area’s character is generally based on the character of the General Plan land use classifications in which the area is situated. At the policy level, area plans are developed specifically to reflect community values. As described in the Land Use Element, community plans and special plans may assign strict standards for agricultural land protection, and unless otherwise specified in the area plan, agricultural lands are not to be considered a future “urbanizing” area. Lands within community or special plan areas for which a plan has not yet been adopted, and to which have the Agriculture/Working Landscape land use classification is assigned, will be subject to all of the policies established in the General Plan to protect and preserve agricultural lands from conversion to nonagricultural uses.

At the same time, it is important to allow lands within the Residential land use classification to accommodate new rural style subdivisions and the town planning areas to develop as population and business centers.

10.2 GENERAL PLAN IMPLEMENTATION Goal 10-1: Create a support staff for agriculture providing assistance and

innovation for agricultural activities. Policy 10-1a: Support the agriculture industry through the Agriculture Commissioner’s

office.

Implementation Measure 10-1a(1): The Board of Supervisors should maintain a full-time agriculture commissioner and provide support within budgetary and staff constraints.

Timing: Intermediate-term. Responsibility: Board of Supervisors. Fiscal Impact: Increased ongoing operational costs. Consequences: Continued support of agriculture.


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Policy 10-1b: The County shall collaborate with landowners, federal agencies, state agencies, universities, stakeholders and community-based organizations for continued agricultural preservation.

Implementation Measure 10-1b(1): The Agricultural Advisory Committee shall expand its role to provide recommendations to the Board of Supervisors on all agriculturally-related issues and resources. Timing: Ongoing. Responsibility: Mariposa Planning. Fiscal Impact: Ongoing Staff assistance. Consequences: This creates a more versatile Agricultural Advisory

Committee to serve the needs of the Board of Supervisors. Implementation Measure 10-1b(2): The County shall coordinate with the Mariposa Unified

School District to enhance the District’s agricultural educational programs. Timing: Ongoing. Responsibility: Agriculture Commissioner, Farm Advisor Office,

Resource Conservation District, and Mariposa Unified School District.

Fiscal Impact: Staff time allocation. Consequences: Supports the rural challenge program as a County policy.

If the program were discontinued by the State, this Measure would be inapplicable.

Policy 10-1c: Maintain uses compatible with agriculture in the Agriculture/Working Landscape land use classification.

Implementation Measure 10-1c(1): Clearly define uses compatible with agriculture. Timing: Short-term. Responsibility: Mariposa County Planning Department, Agricultural

Advisory Committee. Fiscal Impact: Included in the cost of updating Title 17. Consequences: Preservation of agricultural land.

Goal 10-2: Avoid loss of agriculture lands in the Agriculture/Working Landscape land use classification to maintain rural character.

Policy 10-2a: Agriculture lands should be retained.

Implementation Measure 10-2a(1): Areas of the General Plan classified as Agriculture/Working Landscape and proposed for reclassification to a Residential, Planning Area, or Natural Resource land use classification will be reviewed against the following criteria. No land within the Agriculture/Working Landscape land use classification shall be changed to a Residential, Planning Area or Natural Resource land use classification unless the Board of Supervisors adopts all of the following findings : • The subject property is not within an area in which the majority of

the surrounding parcels are currently being used or historically have been used for agriculture, timber, or mineral purposes.

• The soils, water rights, topography, terrain, and location are not suitable as an economic production unit of sufficient quality for commercial agricultural production.


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• There are no other lands within the proposed land use classification available for the proposed or similar project.

• The characteristics and size of the subject properties make it unsuitable for open space, conservation easements, or other preservation opportunities which further implement the goals and policies of the General Plan.

• The subject property has not been identified in the County General Plan or any area plan as a location with characteristics worthy of preservation within the Agriculture/Working Landscape land use classification.

Timing: Ongoing review standard. Responsibility: Mariposa County Planning Department and Agricultural

Advisory Committee. Fiscal Impact: Ongoing review. Consequences: This sets a high standard of review.

Implementation Measure 10-2a(2): Lot line adjustments in the Agriculture/Working Landscape land use classification, including Williamson Act contracted parcels, shall result in parcels which are in compliance with the underlying land use designation, including minimum parcel size. The County may approve a boundary modification of an existing parcel that does not meet the minimum size requirements when a finding is made that the modification results in an improvement of the circumstances and/or design of both parcels or lots and in achieving the goals and policies of the General Plan and the purpose of the Agriculture/Working Landscape land use classification. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing review. Consequences: This sets a higher standard of review.

Implementation Measure 10-2a(3): Standards shall be developed for issuance of development permits for substandard size parcels under Williamson Act contract. Timing: Short-term. Responsibility: Mariposa County Planning Department and Assessors

office. Fiscal Impact: Ongoing review. Consequences: This sets a higher standard of review.

Implementation Measure 10-2a(4): Develop criteria for transfers of lands within the Agriculture/Working Landscape land use designation for lands within other land use designations which result in no net loss of like kind of agricultural lands (type and quality) and that demonstrates a benefit to agricultural lands . Timing: Intermediate-term. Responsibility: Mariposa County Planning Department . Fiscal Impact: Ongoing review. Consequences: Provides for the consolidation of agricultural lands.


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Goal 10-3: Preserve agricultural economic viability to the greatest extent possible.

Policy 10-3a: Collaborate with the Mariposa County Farm Bureau, agricultural interests, institutions, agencies, and groups to devise strategies defining resource stewardship.

Implementation Measure 10-3a(1): The Agriculture Commissioner and Agricultural Advisory Committee should create a document identifying successful practices used in the County. Timing: Short-term. Responsibility: Mariposa County Planning Department, Agriculture

Commissioner. Fiscal Impact: Cost of strategic plan development. Consequences: Creates a detailed policy planning document.

Implementation Measure 10-3a(2): The County shall maintain a commitment to programs for invasive species eradication. Timing: Ongoing. Responsibility: Mariposa County Planning Department, Agriculture

Commissioner, Farm Advisor Office, Resource Conservation District.

Fiscal Impact: Unknown. Consequences: Puts the County in an active role with the noxious weed

program. Policy 10-3b: Maintain our agricultural resources to diversify the local economy.

Implementation Measure 10-3b(1): Develop and implement a program cataloguing sources of funding and resources providing technical and economic assistance for agriculture stewardship. Timing: Short-term. Responsibility: Mariposa County Planning Department, Agriculture

Commissioner, Farm Advisor Office, Resource Conservation District.

Fiscal Impact: Staff time or possible consultant or UC/Extension costs to prepare the catalogue.

Consequences: Creates a support program for Agriculture interests.

Goal 10-4: Preserve heritage crop varieties. Policy 10-4a: Establish preservation strategy for local heritage crop varieties.

Implementation Measure: 10-4a(1): The agricultural resources program should include support for identifying a market for heritage crop varieties. Timing: Intermediate-term. Responsibility: Agriculture Commissioner. Fiscal Impact: Unknown. Consequences: Support for agricultural economy.


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Goal 10-5: Encourage the expansion of the agricultural economy. Policy 10-5a: Identify adaptive uses of agricultural properties.

Implementation Measure 10-5a(1): Accommodate agritourism uses through changes in Agriculture zones. Timing: Short-term. Responsibility: Mariposa County Planning Department. Fiscal Impact: Incorporated into the costs of the Title 17 revision. Consequences: Enhance agritourism.

Policy 10-5b: Develop and implement strategies to enhance the agricultural economy.

Implementation Measure 10-5b(1): The Economic Development Strategic Plan should include strategies for agritourism. Timing: Intermediate-term. Responsibility: County Administrative Officer, Agricultural

Commissioner, Farm Advisor. Fiscal Impact: Minimal Staff time to add to the existing Strategic Plan

development. Consequences: Creates Economic Development strategic plan content

requirements. Implementation Measure 10-5b(2): Coordinate with the private sector to implement an

economic development strategy for agriculture. Timing: Intermediate-term. Responsibility: Agriculture Commissioner, Agricultural Advisory

Committee, County Administrative Officer. Fiscal Impact: Staff costs. Consequences: Expand economic opportunities for agriculture.

Goal 10-6: Preserve agriculture lands to maintain County character. Policy 10-6a: Maintain viability of agriculture lands when historic parcels are

discovered.

Implementation Measure 10-6a(1): Prohibit the construction of residences on parcels that are subject to a Williamson Act contract unless they comply with the terms of a Williamson Act contract . Timing: Ongoing review standard. Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing program. Consequences: Ongoing review standard.

Implementation Measure 10-6a(2): Review enforcement of Williamson Act provisions requiring onsite residents to be actively performing qualifying agricultural activities on all contracted property. Timing: Short-term. Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing program. Consequences: Review standard.


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1111 CCONSERVATION AND ONSERVATION AND OOPEN PEN SS PACEPACE

onservation and open space are closely intertwined in Mariposa County. The County chose to prepare a combined Conservation and Open Space Element identifying issues and delineating programs for management and conservation of natural resources and open space.

11.1 CONSERVATION AND OPEN SPACE ISSUES AND FINDINGS

Open space defines much of the character of the County. Within the context of Mariposa County, the term "open space lands" assumes a different dimension than the same term applied in an urban setting. With nearly one million acres of land in the County, in the year 2002 there were approximately 50 acres of land area for every resident of the County.

Over 500,000 acres, constituting over 52 percent of the County, are under the control and management of the Federal government. The largest portion of Yosemite National Park, including Yosemite Valley, is located within the County boundaries in addition to large portions of the Sierra and Stanislaus National Forests. The Bureau of Land Management also administers tracts of land within Mariposa County.

Of the privately owned lands in the County, approximately 250,000 acres are utilized for agricultural grazing and timberland preservation. This represents nearly 56 percent of the total land in the County under private ownership.

The Open Space and Conservation Element recognize two important characteristics of the County. First, that open space in Mariposa County is abundant because of the significant public ownership. Second, agricultural lands have been “used” as open space without recognition that these lands are part of the working landscape supporting the local economy.

These issues are defined and addressed in this Element as follows:

• scenic resources,

• water resources,

• mineral resources,

• wildlife and vegetation,

• forest, and

• soils.

C


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11.1.01 SCENIC RESOURCES The County has an extraordinary diversity of scenic resources that contribute to the character and tourism base. The Yosemite Valley is a world-renowned scenic area and Yosemite National Park encompasses some of the world’s most recognized scenic vistas. Although perhaps less known, the Merced River Canyon (west of Yosemite National Park) also has major scenic value. The U. S. Forest Service and Bureau of Land Management have jurisdiction over 98 percent of the Merced River Canyon area. The ruggedness of the terrain around the Canyon has precluded development in the area that could detract from its scenic value.

The County’s scenic resources encompass its forested ridges and valleys, grasslands and rolling hills, free-flowing rivers and streams, and the historic character of its towns and settlements. Proper management protects the scenic qualities of these landscape elements. Uncluttered hillsides and ridgetops add value to land and homes in the County and to the quality of the visitors’ experiences. Careful site planning and conscientious subdivision design preserves the rural character while accommodating the County’s need for housing.

Motorists’ views of these resources from the County’s highways are among the most important scenic values and complement the beauty of the Yosemite Valley and Merced River Canyon. Although viewed by residents and tourists alike as important elements of the overall scenery, these lands are important to the County’s economy and character values as well.

11.1.02 WATER RESOURCES Water for domestic use is one of the most significant factors in accommodating growth in Mariposa County. Surface water available for domestic use is relatively limited. Large areas of the County have poor subsurface water potential. Permitting intense development in areas with poor subsurface water potential and where there is a high risk of subsurface contamination from septic tank effluent represents a threat to the County’s limited groundwater resource.

The topography of the County in conjunction with low development densities has made development of central wastewater treatment facilities economically impractical in most areas. Because development will continue to rely in large part upon small private wastewater treatment facilities as a primary means of wastewater treatment and disposal, maintenance of wastewater treatment and disposal systems are critical.

11.1.03 MINERAL RESOURCES Mariposa County is situated astride the southern extreme of the mineralized fault belt running through the Central Sierra Mountains, which is commonly referred to as the “Mother Lode.” While it is generally recognized that the richest portion of the Mother Lode Fault System is north of Mariposa County, the County has a historic record of precious metal mining production and it is believed that valuable deposits of ore still exist in the County.

Mariposa County has two active slate quarries — Bear Creek Slate Quarry, located on Old Toll Road and Yosemite Slate Quarry, located off of Highway 140 on Agua Fria Road. With


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the exception of sand and gravel extraction and processing, most mines in the County are now closed or only intermittently active.

There is a need for mining of construction materials and the resources are available in the County. As residential development occurs, the County is going to need more local sources for slate, gravel, sand, and other construction material.

11.1.04 WILDLIFE AND VEGETATION Mariposa County has long been noted for its wildlife and its diversity of plant communities and wildlife habitats. These range from grasslands in the southwestern part of the County to montane and alpine environments in the Sierra. In addition to Yosemite National Park, Mariposa contains portions of the Sierra and Stanislaus National Forest and large tracts of Bureau of Land Management-controlled lands that provide habitat for many wildlife and plant species.

Agricultural and forest areas outside the public lands provide habitat for a variety of species. Specific habitat types may occur in continuous stretches as well as in isolated pockets, and wildlife may use certain corridors as they move between habitat types. For example, deer move between habitat types in the County in response to seasonal requirements. Riparian corridors are typically important for wildlife movement.

Many plant communities and wildlife habitats in the County have been modified over the years. In addition to growth in planning areas, these habitats and communities have been affected by activities such as agriculture, logging and mining, as well as rural residential development. There is wide variation in the degree of disturbance. The County still has large areas supporting healthy communities of native plants and animals, particularly in Yosemite National Park, the two national forests, and Bureau of Land Management lands.

A variety of ecosystems on disturbed and undisturbed lands countywide support living systems and geochemical processes, which provide a variety of essential services and important opportunities to County residents, visitors, and communities outside the County. Ecosystem services include:

• maintaining and enhancing air, water, and soil qualities;

• recycling wastes and pollutants and cycling essential nutrients;

• helping control pests and diseases; and

• pollinating plants.

Ecosystem services provide opportunities for recreation, aesthetic experiences, educational studies, scientific research, personal inspiration, and spiritual insights.

Increasing development results in both beneficial and sometimes harmful modification of Mariposa’s varied landscapes. Conserving the qualities of the County’s diverse ecosystems—including villages, towns, rural residential, and agricultural landscapes—are guided through General Plan programs appropriate to the diversity of the systems. Maintaining these qualities ensures the well being of residents and visitors, the sustainability of the economy, and the character of the County. At times system conservation includes intervention to balance the natural environment with the growth of the County.


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Aside from the overall values associated with the variety of plant communities and animal habitats, there are special status species that may occur in the County. Special-status species are rare because they live in habitat of limited extent or because habitat has been degraded or destroyed. Federal, state, and local law protects special status species. Among the special status species that may occur in the County are nearly one hundred wildlife species and over one hundred plant species.

11.1.05 FOREST Mariposa County contains over 700,000 acres of forested lands. This includes wooded private lands with commercially valuable timber in addition to large tracts in public ownership. Of the approximately 14 percent of lands in the County in private ownership, approximately 63,000 acres of commercially valuable timberland are privately owned. This is an economic asset for the County.

11.1.06 SOILS Mariposa County is characterized by steep mountains and rolling hills cut by seasonal streams and river courses. These landforms are a product of millions of years of geological and biological activity and water erosion. Erosion is a process where underlying bedrock is reduced to soil through air, water, and organic decomposition. The soil cover is then washed from hillsides and mountainsides by seasonal rainfall and deposited where the terrain is less steep.

The degree of erodibility is dependent upon the steepness of the site as well as the basic characteristics of the individual soil type. As a general rule of thumb, the higher the clay content of the soil type, the more likely it is that the soil will resist the erosive action of water runoff. If not properly controlled, development and construction activities can accelerate natural erosion/sedimentation process. In the natural environment, accelerated erosion can influence plants and animals at the erosion site, degrade surface water quality, and affect aquatic life. On developed lands, failure to prevent excessive erosion results in expensive damage to property and improvements on- and off-site.

Maintaining and conserving healthy soil is a critical component of the County’s natural resource management and agriculture preservation. Appropriate development patterns and land stewardship ensures there will be soils to support the agricultural economy and protect the natural environment for future generations.

11.2 GENERAL PLAN IMPLEMENTATION Goal 11-1: Conserve the natural and scenic resources, and open space

lands to protect and enhance the County’s quality of life and character ensuring a viable economy.

Policy 11-1a: Conserve natural and scenic resources through County programs and development standards.


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Implementation Measure 11-1a(1): The County shall establish guidelines to ensure development complementary to the scenic aspects of the County’s rural character. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Implementation Measure 11-1a(2): The County shall develop subdivision design standards for placement of structures on ridgelines and open hillsides. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Implementation Measure 11-1a(3): Develop flexible site development and clustering to conserve designated scenic routes, views, and viewsheds. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Implementation Measure 11-1a(4): The County shall develop guidelines for non-single family development within County highway corridors to preserve scenic resources. The guidelines will be developed into a scenic views plan for the preservation of visual quality along the County’s highways. The plan will identify resources, views, and programs, while protecting the rights of property owners. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Scenic resource maintenance.

Policy 11-1b: Collaborate with other public and private agencies for conservation

management plans and programs.

Implementation Measure 11-1b(1): The County should participate in conservation management planning with Federal and State and other public and private agencies. Timing: Ongoing Responsibility: Mariposa Planning, Agriculture Commissioner, Farm

Advisory, Resource Conservation District, Public Works Department.

Fiscal Impact: Unknown. Consequences: Creates opportunities that might result in some future

requirements or expenditures. Policy 11-1c: Implement standards that minimize impacts on and/or improve air quality.

Implementation Measure 11-1c(1): The County will implement Federal and State air quality regulations. Timing: Ongoing review standard Responsibility: Mariposa Planning and Public Works Department. Fiscal Impact: Unknown. Consequences: Improves air quality.


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Implementation Measure 11-1c(2): Establish land use patterns that minimize impacts to air quality. Timing: Short-term Responsibility: Mariposa Planning and Public Works Department. Fiscal Impact: Unknown. Consequences: Improves air quality.

Implementation Measure 11-1c(3): Implement a program that minimizes impacts on and/or improves air quality that may include but are not limited to: Encourage maximized solar access where feasible and consistent

with the maintenance of scenic values, in new subdivision designs to optimize energy efficiency; and

Road improvement projects such as paving unpaved roads which improve air quality.

Timing: Intermediate-term Responsibility: Mariposa Planning and Public Works Department. Fiscal Impact: Unknown. Consequences: Improves air quality.

Implementation Measure 11-1c(4): The County shall cooperate with the Air Pollution Control District (APCD), or successor agency, to: Review development proposals to address cumulative and long-term

air quality impacts. Work with local public utility providers and the private sector to

encourage the development and implementation of educational and incentive programs to encourage energy conservation, house weatherization, and solar energy use;

Work with the Mariposa County Department of Public Works and homeowner associations to encourage the development and implementation of educational and incentive programs for composting, mulching, grinding, cogeneration, feedstocks, and chipping in lieu of outdoor burning;

Work with appropriate agencies to develop programs to maximize the participation of employers in employer-operated van pool and/or ride sharing for employees and mass transit service for both employers and customers/visitors; and

Work with the school districts to replace existing buses with less polluting models.

Timing: Ongoing Responsibility: Mariposa Planning and Public Works Department. Fiscal Impact: Unknown. Consequences: Improves air quality.


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Policy 11-1d: Ensure that light sources in new development are compatible with rural character and that the light sources do not produce glare that interferes with vision.

Implementation Measure 11-1d(1): Include as part of the comprehensive development standards include; lighting standards established by the International Dark Sky

Association: and require that building materials have a low reflective index. Timing: Short-term Responsibility: Mariposa Planning. Fiscal Impact: Unknown. Consequences: Reduces night light and glare.

Goal 11-2: Protect and manage the use of Mariposa County’s limited water resources.

Policy 11-2a: Conserve water to accommodate County growth and sustainable agriculture.

Implementation Measure 11-2a(1): Implement standards for water conservation that are consistent with State guidelines, including requirements for the installation and use of low-flow plumbing fixtures in all new construction, and for the use of drip irrigation systems and drought-tolerant or low water using landscaping (including retention of existing native plant material) in all multi-family, commercial, resort, industrial and public developments. Timing: Short-term Responsibility: Mariposa County Building Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Implementation Measure 11-2a(2): Cooperate with the Mariposa Public Utility District and other wastewater generators in implementing programs for reuse of treated wastewater. Timing: Ongoing Responsibility: Mariposa County Planning Department, Building

Department. Fiscal Impact: Allocation of Staff resources. Consequences: County participates in programs designed to reduce

wastewater disposal and use of groundwater. Implementation Measure 11-2a(3): Cooperate with the domestic water system operators

and public water purveyors in implementing programs to eliminate water loss due to leakage in pipes, ditches or other conveyance facilities. Timing: Ongoing Responsibility: Mariposa County Planning Department, Building

Department, and Public Works Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Policy 11-2b: Preserve surface and sub-surface water quality.


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Implementation Measure 11-2b(1): Review development designs to ensure compliance with Federal and State water quality regulations and to ensure that the project does not discharge contaminated water. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department, Building

Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Policy 11-2c: Preserve the existing or potential sources of a sustainable water supply.

Implementation Measure 11-2c(1): Outside Town Planning Areas and Rural Centers, maintain low intensities of development in order to protect the capacity of watersheds. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: This enables the County to maintain the 5 acre density for

Residential areas. Implementation Measure 11-2c(2): Designate watershed areas of surface water systems

where such systems and their proposed watershed areas serve or are capable of serving as a potable water source. Timing: Intermediate-term Responsibility: Mariposa County Planning Department, Building

Department. Fiscal Impact: Allocation of Staff resources. Consequences: Watershed identification.

Policy 11-2d: Conserve water sources for water-dependent species and the continuity of riparian communities.

Implementation Measure 11-2d(1): Implement requirements for minimum building and grading setback lines from waters of the State (i.e., perennial streams and environmentally significant wetlands), that are adequate to protect stream, riparian, and wetland resource values. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Implementation Measure 11-2d(2): Provide for clustering of development that protects and avoids impacts to significant water resources. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Goal 11-3: Provide for the reasonable development of mineral resources. Policy 11-3a: Mining occurs in balance with adjoining uses and resources compatibility.


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Implementation Measure 11-3a(1): Require a conditional use permit for mining activity except where a land use designation permits such use. Timing: Short-term Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: Code revision.

Implementation Measure 11-3a(2): Incorporate standards for the exploration, development, and reclamation activities associated with mineral resource projects. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Code revision.

Goal 11-4: Conserve and enhance the ecosystems, plant communities, wildlife habitats, and the inherent diversity of both plant and animal species for the recreational, commercial, aesthetic, and basic ecosystems needs.

Policy 11-4a: Conserve the diversity of native ecosystems, plant communities, wildlife habitat, and plant and animal species in the County.

Implementation Measure 11-4a(1): The County will implement a Mariposa County Environmental Conservation Program. The Program shall include development standards and programs conserving, protecting, and mitigating the impacts on: • significant and sensitive habitat including wildlife migration

corridors,

• breeding and nesting areas (as seasonally appropriate);

• known occurrences of special status animal species;

• riparian habitat around bodies of water and along watercourses and seasonal drainages;

• known occurrences of special status plant species, and

• significant and sensitive plant communities.

Timing: Intermediate-term Responsibility: Mariposa Planning Department. Fiscal Impact: Allocation of staff resources. Consequences: This program will describe mitigation measures.

Implementation Measure 11-4a(2): Site development and grading review should minimize the removal of native trees and groves of trees. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Preservation.

Implementation Measure 11-4a(3): The County shall develop and enforce standards that reduce or eradicate invasive species affecting the agricultural and natural ecosystems. Timing: Short-term


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Responsibility: Mariposa County Planning Department, Agricultural Commissioner.

Fiscal Impact: Allocation of Staff resources. Consequences: Reduction of invasive species.

Implementation Measure 11-4a(4): The County shall publish landscaping guidelines for the use of site-appropriate native plant species. Timing: Intermediate-term Responsibility: Mariposa County Planning Department, Resource

Conservation District. Fiscal Impact: Allocation of Staff resources. Consequences: Increased use of native plant species and reduction of

invasive species. Implementation Measure 11-4a(5): The County shall utilize collaborative planning efforts

to coordinate local efforts to eradicate invasive plant species. Timing: Ongoing Responsibility: Mariposa County Planning Department, Agricultural

Commissioner. Fiscal Impact: Allocation of Staff resources. Consequences: Reduction of invasive species.

Implementation Measure 11-4a(6): The County shall require site surveys in compliance with Federal and State regulations as part of environmental review to determine: The presence or absence of endangered species and their habitat; The presence or absence of threatened or rare wildlife and plant

species and their habitat; The presence or absence of breeding raptors and migratory birds; The presence or absence of sensitive native plant communities; The presence or absence of native wildlife migration or travel

corridors; and The presence or absence of jurisdictional wetland or other waters of

the U.S. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Compliance with federal and state law.

Implementation Measure 11-4a(7): The County shall record the data collected from the required site surveys to create a comprehensive map of environmental resources in Mariposa County. The map shall include but not be limited to vegetation communities with associated habitats for sensitive wildlife species. Timing: Ongoing Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Reduction of invasive species.

Implementation Measure 11-4a(8): During project review and environmental analysis, the County shall comply with Federal and State regulations to require measures that: Protect endangered species and their habitat;


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Protect threatened or rare wildlife and plant species and their habitats;

Protect breeding raptors and migratory birds; Protect and avoid, to the extent feasible, sensitive native plant

communities; Protect and avoid, to the extent feasible, native wildlife migration or

travel corridors; and Protect and avoid, to the extent feasible, jurisdictional wetland or

other waters of the U.S. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Allocation of Staff resources. Consequences: Reduction of invasive species.

Goal 11-5: Avoid erosion and loss of soils due to development activities. Policy 11-5a: Minimize impacts of grading activities.

Implementation Measure 11-5a(1): Review and amend the County Grading Ordinance provisions for erosion control on all development projects. Timing: Short-term Responsibility: Mariposa County Planning Department, Building

Department. Fiscal Impact: Allocation of Staff resources. Consequences: Development standards.

Implementation Measure 11-5a(2): Review and update the provisions of the County Grading Ordinance as needed. Timing: Short-term Responsibility: Mariposa County Planning Department, Building

Department, Resource Conservation District. Fiscal Impact: Allocation of Staff resources. Consequences: Erosion control.

11.3 RELATED GENERAL PLAN ELEMENTS The County recognizes the importance of agriculture as a productive use of open space and in the conservation of water, soil, wildlife and other natural resources within the framework of a Working Landscape. The Agricultural Element includes goals, policies, and implementation measures for these purposes.

The Local Recreation Element identifies goals, policies, and implementation measures to preserve open space for recreational purposes.

Preservation of open space for public health and safety in hazard areas is addressed in the goals, policies, and implementation measures of the Safety Element.


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1212 LLOCAL OCAL RRECREATIONECREATION

he County of Mariposa’s recreation needs and facilities fall within two categories: local recreation and regional tourism. The Local Recreation Element focuses on the recreational needs of the County’s local residents.

12.1 LOCAL PARKS AND RECREATION ISSUES AND FINDINGS

Mariposa County recognizes the need to provide residents with opportunities for recreation facilities and programs. The County Parks and Recreation Department serves this role. This Element addresses the following issues:

• programs, facility development, and maintenance;

• intergovernmental cooperation; and

• park and recreation funding.

12.1.01 PROGRAMS, FACILITY DEVELOPMENT, AND MAINTENANCE

The County of Mariposa operates a park system, which currently includes eight park sites. These park sites provide for recreational activities such as picnicking, swimming, and tennis. Facilities in the County are limited, and Mariposa’s projected population growth is expected to increase demands on recreation facilities and programs.

Growth patterns will not occur equally throughout the County. Most population growth over the next 20 years will occur in the Lake Don Pedro Town Planning Area and the greater Bootjack-Woodland-Ponderosa Basin residential area. This, combined with the need for central facilities in the Mariposa Town Planning Area, will create an emphasis on developing new parks to serve growing areas of the County.

T


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The dispersed settlement patterns in the County are challenges in providing an appropriate distribution of facilities and resources for hosting recreational events and activities countywide. The terrain of the County—conducive to resource-based recreation such as hiking and fishing—provides limited suitable sites for traditional sports fields.

12.1.02 INTERGOVERNMENTAL COOPERATION Local recreational opportunities in Mariposa County are provided not only by the County, but also by facilities and programs of other public and private agencies including Mariposa Unified School District and the Fair Board. Yosemite National Park and other federal land management agencies offer a direct benefit to the County furnishing residents’ recreational opportunities. Collaboration for land use recreational policy is needed among these agencies, the County, community based organizations, and facility users.

The County has a history of coordinating activities and facilities across county lines, for instance in the Lake Don Pedro Town Planning Area where the subdivision crosses the Mariposa-Tuolumne County line.

As the County grows, school facilities may be sited in response to the location of population growth. When this occurs, the County has a natural opportunity to work with the school district to jointly develop facilities serving both school and community.

12.1.03 PARK AND RECREATION FUNDING Management and maintenance of existing and new park facilities and recreation programs is expensive. A professional, full-time staff of adequate size and experience is an important component of developing and maintaining the Mariposa County park and recreation system. Mariposa County has no permanently dedicated funding sources for recreation. Funding for local recreation is from the County’s General Fund, state and federal grants, and contributions from private parties. Developing adequate and stable funding for the County recreation system is important.

12.2 GENERAL PLAN IMPLEMENTATION Goal 12-1: Define and achieve local recreation service levels throughout

the County to enhance the quality of life. Policy 12-1a: Define developed-park service levels for neighborhood, regional, and

community populations.

Implementation Measure 12-1a(1): The County shall ensure parks and recreation facilities are distributed in reasonable proximity to the neighborhood, community, or regional populations they are intended to serve.

Timing: Ongoing review standard Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: Unknown. Consequences: Added recreational activities.


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Policy 12-1b: Park and recreation facilities shall be designed for the greatest return on community investment.

Implementation Measure 12-1b(1): Parks shall be designed and developed in a manner to reduce long-term operations and maintenance cost. Timing: Ongoing review standard Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: Cost included in capital improvements when funded. Consequences: This is a long-range cost-saving measure even though it

may mean higher capital costs. Implementation Measure 12-1b(2): The County shall adopt performance standards for

maintenance of parks and recreation facilities preventing premature deterioration. Timing: Intermediate-term Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: Staff time allocation, marginal cost. Consequences: This is a long-range cost-saving measure even though it

may mean higher capital costs.

Goal 12-2: Create a parks and recreation strategic plan to respond to citizen needs.

Policy 12-2a: The Public Works Department/Parks and Recreation Division should respond to the diverse needs of neighborhood, community, and regional residents.

Implementation Measure 12-2a(1): The Parks and Recreation Advisory Committee shall report annually on the implementation of the Parks and Recreation programs. Timing: Ongoing Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: Staff time for report preparation. Consequences: Adds another report to the annual review.

Goal 12-3: Create programs to provide a range of recreation opportunities and facilities to meet diverse needs of the County’s population.

Policy 12-3a: The Public Works Department/Parks and Recreation Division should address programs intended to meet special recreation needs.

Implementation Measure 12-3a(1): The Parks and Recreation Department should implement youth programs for both “after school” and times of the year when school is not in session. Timing: Intermediate-term Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: Operational costs associated with implementing the

programs. Consequences: Enhanced recreation programs.

Implementation Measure 12-3a(2): The Public Works Department/Parks and Recreation Division should identify a broad range of recreation opportunities and facilities needed to serve the County’s diverse population.


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Timing: Intermediate-term Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: None. Consequences: Keeps a fluid and flexible planning process in place.

Goal 12-4: Cooperate with regional agencies to develop a range of recreation opportunities for the County.

Policy 12-4a: Collaborate with local and regional agencies in facility development and programs serving local recreation needs.

Implementation Measure 12-4a(1): When other agencies propose to develop park or recreation facilities, the County should participate when a local recreation need can also be served. Timing: Ongoing Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: Unknown capital cost commitment. Consequences: Collaborative planning.

Implementation Measure 12-4a(2): The Parks and Recreation Advisory Committee should meet with the School District at least once each fiscal year to learn of school capital facility proposals that may benefit from County participation or partnership. Timing: Ongoing Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: None. Consequences: This is another measure designed to keep public agencies

talking with each other about issues of interest. Implementation Measure 12-4a(3): The County should explore with Federal land

management agencies issues of mutual concern regarding the effects of agency and County policies on their respective users and resources. Timing: Intermediate-term Responsibility: Public Works Department/Parks and Recreation Division. Fiscal Impact: None. Consequences: This is another measure designed to keep public agencies

talking with each other about issues of interest.

Goal 12-5: Continue funding to maintain Parks and Recreation programs. Policy 12-5a: Identify funding for financing park and recreation capital improvements,

maintenance, and programs.

Implementation Measure 12-5a(1): The Parks and Recreation programs shall identify short-, intermediate-, and long-term revenue sources. Timing: Ongoing Responsibility: Public Works Department/Parks and Recreation. Fiscal Impact: Possible commitment to ongoing General Fund. Consequences: Enhanced recreation programs.


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12.3.01 LAND USE The Land Use Element contains policies allowing public facilities, including public parks and recreation facilities, in many land use classifications, subject to siting criteria.

12.3.02 CIRCULATION, INFRASTRUCTURE, AND SERVICES The Circulation, Infrastructure, and Services Element addresses the provision of recreational trails and other facilities for bicycle, pedestrian, equestrian, and motorized vehicle use, which are implemented through the County’s Bike, Pedestrian and Equestrian Plan.

12.3.03 CONSERVATION AND OPEN SPACE The County’s natural resources and open space contribute to recreation opportunities for residents. The Conservation and Open Space Element defines policies and implementation measures to preserve significant natural resources and open space that contribute to the County’s recreational base.

12.3.04 REGIONAL TOURISM The County’s major tourist attractions, such as Yosemite National Park provide significant opportunities for local residents to enjoy wilderness and other types of recreation not available in the County’s park system. The Regional Tourism Element defines policies and implementation measures for maintaining and enhancing recreational opportunities as part of the County’s tourism base.


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1313 RREGIONAL EGIONAL TTOURISMOURISM

he County of Mariposa’s recreation needs and facilities fall within two categories: regional tourism and local recreation. This Element focuses on regional tourism issues related to the County’s character, regional recreation opportunities, and related environmental issues.

13.1 REGIONAL TOURISM ISSUES AND SUMMARY OF FINDINGS

Regional tourism is the heart of the Mariposa County’s economy. It supports the issues of character, economy, and housing upon which the General Plan is founded. The County’s unique natural environment defines the character that attracts many visitors and residents. Millions of tourists visit Mariposa County each year. The County ranks third nationwide as a non-theme-park destination—behind New York City and Los Angeles. Over half of private economic activity and private sector jobs in Mariposa County can be attributed to tourism, primarily from visitors to Yosemite National Park.

Although visitors to Mariposa County have traditionally been tourists attracted to Yosemite, the County has experienced an increase in day visitors who come to Mariposa to enjoy rural scenery, arts and cultural activities, and special events.

People who visit the County, especially during the summer months, are attracted by the plentiful natural and cultural resources. Increasingly, visitors come to Mariposa County to enjoy activities such as fishing, boating, hunting, hiking, mountain biking, horseback riding, camping, and agri-nature tourism and appreciation of native American cultural traditions and practices. How best to accommodate these visitors while maintaining the quality of local resources is the primary economic development challenge facing the County.

The proximity of Mariposa County to major recreation resources, such as Yosemite, makes it an attractive destination for visitor-oriented events, recreational gatherings, and commerce. Yosemite National Park and other

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Federally-managed lands offer a direct benefit to the County providing residents with recreational opportunities that local jurisdictions cannot provide. Mariposa has an opportunity to build upon existing tourist attractions to provide more reasons for visitors to stay, recreate, and spend money locally.

Regional tourism issues related to enhancement of visitor-oriented attractions addressed in this Element are:

• expansion and integration of county regional tourism opportunities, including agri-nature tourism, and

• intergovernmental cooperation.

13.1.01 EXPANSION AND INTEGRATION OF COUNTY REGIONAL TOURISM OPPORTUNITIES

More than half of Mariposa County is in Federal ownership. The largest portion, over 250,000 acres, is Yosemite National Park. Small portions of the Sierra and Stanislaus National Forests are located in Mariposa County sharing nearly 200,000 acres of the County’s land area. The Mariposa portion of the Stanislaus National Forest is located west of Yosemite and north of the Merced River, and the Sierra National Forest unit is south of the Merced River and west of Yosemite. The Bureau of Land Management has scattered holdings, primarily located along the Merced River wild and scenic corridor outside of Yosemite National Park, and throughout other portions of the County.

The Federal land managers offer distinct recreation opportunities. Yosemite National Park offers a wilderness and natural experience in a high elevation setting. The National Forests provide areas for active recreation such as camping, hunting, and fishing. The Bureau of Land Management is responsible for lower elevation foothill lands and deep river canyons with opportunities for river rafting, off road vehicle use, as well as camping, hunting, and fishing.

There is a broad spectrum of recreational opportunities provided on Federal public lands such as fishing, hunting, camping, hiking, sightseeing, horseback riding, skiing, bicycling, or off-highway vehicle (OHV) recreation. Visitors to these public lands use a mix of federal, public, and private roads to reach destinations. In these rural areas, public access roads shape the recreational experience for most visitors determining where they can go and what they can see. Winter sports such as cross-country skiing, snowshoeing, and snowmobiling frequently take place on unplowed roads.

California State recreation facilities and resources in the County include the Mining and Mineral Museum, the County Fairgrounds, and the historic site monuments located countywide.

The Merced Irrigation District owns and manages lands and water in the Lake McClure and McSwain Reservoirs. The District offers camping, boating, fishing, and other water-related opportunities. The two lakes are close to the Lake Don Pedro and Coulterville Town Planning Areas.


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The County has several regional recreation offerings. These include the visitors centers in Coulterville and Mariposa Town, the Mariposa Park with its amphitheatre, the Mariposa Art Park and amphitheatre, the Mariposa Skate Board Park, and the County museums in Coulterville and in Mariposa with its associated rest stop.

Additional recreational tourism opportunities exist with potential plans being developed for Bower Cave, the old stage routes, the Merced River Trail (from Bagby to El Portal), and a mountain bike trail program.

For tourism to thrive, visitors need access to and knowledge of points of interest. The County maintains miles of roads providing access to public lands. Some parts of Mariposa County that have tourist potential are served by state routes or local roads. Some of the most noted are the Old Yosemite Road, Old Coulterville Road, Dogtown Road, and Bull Creek and Bonell Gulch Roads in the Stanislaus National Forest, and Chowchilla Mountain Road from Ponderosa Basin through the Sierra National Forest into the community of Wawona in Yosemite National Park.

13.1.02 INTERGOVERNMENTAL COOPERATION Regional recreational experiences in Mariposa County are woven together from opportunities provided not only by the County, but by other federal, state, regional, and private agencies. Yosemite National Park and other federal land management agencies directly manage the most significant regional resources located in Mariposa County.

Outside of Yosemite National Park, the Forest Service and Bureau of Land Management offer “multiple use” lands. These are publicly-managed properties on which a wide variety of activities may occur. Plans to diversify the County’s regional tourism resources are affected by this federal multiple use policy.

The County is a significant beneficiary and strong supporter of programs enhancing the visitors’ park experiences. The County has long recognized its important role as the home and host of Yosemite National Park.

The National Forest experience differs greatly from that of the National Parks. The Stanislaus and Sierra National Forests provide access for recreation use as well as for the management of commercially valuable resources such as timber and minerals. From the recreation perspective, the National Forests provide a unique experience of relatively unfettered ability for all types of access activities from hikers and equestrians to four wheel off-road vehicle enthusiasts, mountain bikers, and boaters. The County actively encourages the continued multiple usage of the National Forests within the limits of well-managed stewardship.

The Bureau of Land Management offers access to rugged and not easily reached areas. The Bureau maintains a seasonal visitor and interpretation center as well as managing white water rafting, camping, and off-road vehicle areas.


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13.2 GENERAL PLAN IMPLEMENTATION Goal 13-1: Preserve, protect and enhance regional tourism opportunities

and resources. Policy 13-1a(1): Plan collaboratively with the public land managers for a broad spectrum

of regional tourism opportunities.

Implementation Measure 13-1a(1): The County shall collaborate with Federal agencies creating multiple use and public education policies supporting regional tourism and protecting public lands. Timing: Ongoing Responsibility: Board of Supervisors. Fiscal Impact: Staff time commitment. Consequences: Reinforces collaboration.

Policy 13-1a(2): The County shall collaborate with the American Indian Council of Mariposa County creating facilities and opportunities to promote public education of Native American cultural traditions and places.

Implementation Measure 13-1a(2): The County shall collaborate with the American Indian Council of Mariposa County creating multiple use and public education policies supporting regional tourism and protecting public lands. Timing: Ongoing Responsibility: Board of Supervisors. Fiscal Impact: Staff time commitment. Consequences: Reinforces collaboration.

Policy 13-1b: Maximize public access to public lands consistent with the protection of sensitive natural resources and habitats.

Implementation Measure 13-1b(1): The Board of Supervisors should support programs to maintain and increase multiple- use on public land to increase regional tourism opportunities. Timing: Ongoing Responsibility: Board of Supervisors. Fiscal Impact: None. Consequences: This reinforces long-standing Board policy.

Goal 13-2: Increase appreciation of environmental values and lengths of visitor stays through education programs.

Policy 13-2a: Provide easily accessible information about the County’s natural, historic, and scenic attractions.

Implementation Measure 13-2a(1): The County should provide ongoing regional tourism programs for residents and visitors defining opportunities for extended side-trips within the County. Timing: Intermediate-term Responsibility: County Administrative Officer. Fiscal Impact: Publication and distribution costs. Consequences: Creates economic opportunity.


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Goal 13-3: Increase public access to trails and off-road areas to provide greater opportunities for “in-County” visitor experience.

Policy 13-3a: Work with other land management agencies to establish access routes and trailheads while protecting environmentally sensitive areas.

Implementation Measures 13-3a(1): The County should collaborate with Federal and State agencies to develop trail-head facilities and other public access points to public lands. Timing: Ongoing Responsibility: Parks and Recreation Department. Fiscal Impact: Cost of grant matches and Staff time. Consequences: Works to diversify out-of-park experience.

Goal 13-4: Create visitor access to communities and points of interest. Policy 13-4a: Assist visitors in finding points of interest in the County.

Implementation Measure 13-4a(1): Create a coordinated County information program to identify points and routes of interest for regional tourists. Timing: Intermediate-term Responsibility: County Administrative Officer. Fiscal Impact: Cost of graphic development. Consequences: Creates out-of-park experience.

Policy 13-4b: Enhance visitor center facilities and information for distribution.

Implementation Measure 13-4b(1): Maintain a visitor center in the Mariposa Town Area designed to provide information about all County visitor assets. Timing: Intermediate-term Responsibility: Board of Supervisors. Fiscal Impact: Substantial capital cost. Consequences: Provides a better visitor center to increase customer

service to visitors and encourage out-of-park experience.

Goal 13-5: Provide job growth and sustain County revenues by enhancing and expanding the visitor-serving sectors of the economy.

Policy 13-5a: Implement active programs designed to increase opportunities for a diverse tourism experience.

Implementation Measure 13-5a(1): In cooperation with the County’s tourism industry, implement a tourism marketing and advertising program using the Mariposa County brand designed to:

1. increase the length of visitor stay within the County, 2. expand the tourist season into shoulder seasons, and 3. incorporate special targeted activities for cultural tourism and agri-

nature tourism. Timing: Short-term Responsibility: Economic Development Department. Fiscal Impact: Costs for marketing agency and media. Consequences: This policy encourages the Board of Supervisors to carry

out its economic development plan.


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13.3.01 LAND USE The Land Use Element contains policies for development of resort and commercial recreation uses within sub-classifications of the Rural Commercial land use classification. These types of uses support the goals of the Regional Tourism Element by providing additional tourism destinations, including destination resorts and hotels in appropriate locations, and a wider range of recreational opportunities in the County.

13.3.02 ECONOMIC DEVELOPMENT Expansion of the regional tourism sector of the County’s economy is one of the fundamental goals of the Economic Development Element. That Element includes policies and implementation measures to expand the visitor-serving economy through a number of different efforts, including extending the “season” from five to nine months or longer, increasing lengths of stay and room occupancy rates, and making the County a major destination for visitor activities related to cultural tourism and agri-nature tourism.

13.3.03 CIRCULATION, INFRASTRUCTURE, AND FACILITIES Improvement of visitor accessibility to the County’s tourism assets including its communities and other local points of interest is one of the goals for improving regional tourism. Movement of visitors through the County, including parking, traffic, and transit issues are addressed in the Circulation, Infrastructure and Facilities Element. In addition, the Element addresses the provision of recreational trails and other facilities for bicycle, pedestrian and equestrian use, which provide opportunities for regional tourism.

13.3.04 LOCAL RECREATION The County’s major tourist attractions, such as Yosemite National Park provide significant opportunities for local residents to enjoy wilderness and other types of recreation not available in the County’s park system. The Regional Tourism Element defines policies and implementation measures for maintaining and enhancing these recreational opportunities. In addition, the County’s park and recreation facilities, which are addressed in the Local Recreation Element, provide recreational opportunities for visitors that complement the County’s major tourism attractions.


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1414 HHISTORIC AND ISTORIC AND CC ULTURAL ULTURAL RRESOURCESESOURCES

he County of Mariposa has a rich and colorful history. Within the County are many historical and archaeological sites warranting special consideration for preservation and protection.

The Historic and Cultural Resources Element of the General Plan identifies issues and programs related to the preservation, rehabilitation, and use of

historic resources, as well as the preservation and assessment of cultural resources.

14.1 HISTORIC RESOURCES ISSUES AND SUMMARY OF FINDINGS

A common phrase, “those who fail to learn from history are destined to repeat it” is applicable to the concept of knowing and learning the cultural and historic roots of this area. Historic preservation is important to Mariposa County, and the County has an opportunity to proactively preserve its past through the General Plan .

Without policies and standards aimed specifically at preserving and enhancing tangible evidences of the past, future development or neglect could result in further destruction to the County’s history. The Historic and Cultural Resources Element addresses the following issues.

• Deterioration of Historic and Cultural Resources • Identification of Historic and Cultural Resources • Relationship of Cultural and Historic Resources to the General Plan Issues • Opportunities For Preservation of Historic and Cultural Resources • Balancing Private Property Rights and Historic Preservation • Native American Consultation

14.1.01 DETERIORATION OF HISTORIC AND CULTURAL RESOURCES

Reasonably slow growth has served as a type of preservation in Mariposa County. There are structures, ruins, or signs of the past countywide that tell of the County’s contribution to both state and national history.

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Allowing destruction of historic structures by neglect is not consistent with maintaining the historic character of Mariposa County. The historic buildings of the County are considered part of the economy, helping to define the County’s character.

14.1.02 IDENTIFICATION OF HISTORICAL AND CULTURAL RESOURCES

The character of a community is defined by its physical, cultural, and social qualities. Mariposa County has been shaped by historical development. As part of the County’s scenery, historic and cultural resources contribute to tourism in the local economy. The key to success is ensuring these assets are preserved. Knowing where to direct the visitor interested in history is as much a part of the marketing efforts of the County as it is a part of the management of historic and cultural resources.

14.1.03 RELATIONSHIP OF CULTURAL AND HISTORIC RESOURCES TO THE GENERAL PLAN ISSUES

A. THE COUNTY’S ECONOMY AND HISTORIC PRESERVATION

Throughout the Mother Lode, and in fact throughout the United States, communities maintaining historic character and integrity flourish economically. Mariposa County recognizes its best avenue to encourage visitors to spend an extra day in the County is to provide something for the visitors to see. Routing visitors through the County’s historic sites can generate their extended stay.

The historic sites must meet the expectations of the visitor market. This requires the County to implement a strong program of historic design review. The General Plan enables the design review process to begin, but the specific guidelines and criteria will be developed through General Plan implementation.

B. HISTORIC RESOURCES AND THE COUNTY’S CHARACTER

Towns, districts, and areas within Mariposa County that continue to retain a significant level of historical resources include Mariposa town, Bear Valley, Hornitos, El Portal, Fish Camp, Coulterville, and Greeley Hill.

14.1.04 OPPORTUNITIES FOR PRESERVATION OF HISTORIC AND CULTURAL RESOURCES

Varieties of management tools exist to preserve and restore the many historic sites in Mariposa County.


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A. ZONING, USE, AND DESIGN REVIEW

California’s Legislature recognizes historic and archaeological preservation as a legitimate planning concern. The National Trust for Historic Preservation manages federal programs intended to preserve aspects of the County’s history. Historic preservation programs ensure cultural, social, and economic benefits for the County. Zoning and design codes implement General Plan policies.

The Secretary of the Interior offers useful guidelines for the rehabilitation, expansion, renovation, and construction of structures within historic districts. The County of Mariposa may tailor these national guidelines to meet local needs.

B. CERTIFIED LOCAL GOVERNMENT

The Nationally recognized Certified Local Government (CLG) Program integrates local governments with the national historic preservation program. Certification provides strong management tools for local government decision-making. Local governments collect and analyze information on the location and significance of historic resources for use by the existing Mariposa County Historic Sites and Records Preservation Commission. Using grants awarded by the State Historic Preservation Office (SHPO), a CLG may undertake studies or inventories, create design guidelines, and prepare publications defining resources and assistance opportunities.

C. FINANCIAL INCENTIVES

The County of Mariposa is home to a number of historical and archaeological resources. Many of the known resources are privately owned historical structures. Maintenance and upkeep of homes is an ongoing expense and can be a burden for some. For those County residents that own historic structures the imposition of design guidelines for structures in historic districts and the requirement to adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties can seem like an even greater financial burden. Therefore, the County may want to consider providing its residents with a wide range of incentives to alleviate the apparent burden and to promote the preservation of its historic resources.

14.1.05 BALANCING PRIVATE PROPERTY RIGHTS AND HISTORIC PRESERVATION

There is a need to reconcile preserving historic structures and sites with reducing governmental intrusion on private property. Traditionally, Mariposa County has not imposed strict design review standards on residences.

The residents of Mariposa County value the rights of property owners. Owning historic properties includes certain responsibilities to retain the property for the general benefit of the community. This is a national policy supported by tax incentives, special grants, and other programs designed to ease the burden of responsibility for public purpose placed on the private owner of historic property.


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Mariposa County offers a unique collection of historic structure, sites and properties. These sites, properties, and structures are a significant asset in meeting the County’s economic development goals. Another issue of concern is the lack of use of historic structures. This creates two problems. First, the buildings fall into disrepair and may become impossible to rehabilitate or restore. Secondly, some property owners intentionally demolish a building through neglect and deferred maintenance.

14.1.06 NATIVE AMERICAN CONSULTATION Today, the Native American presence in Mariposa County is represented by the Southern Sierra Miwok Indians. Representatives of the Native American community have a responsibility and role in reviewing and monitoring projects that would affect known archaeological sites, archaeologically sensitive areas, and traditional cultural places. State law defines the consultation process.

14.2 GENERAL PLAN IMPLEMENTATION Goal 14-1: Determine appropriateness of Certified Local Government

Status or alternate program for the County of Mariposa to better serve owners of historic properties.

Policy 14-1a: Evaluate services and funds for owners of historic properties through the Certified Local Government program or alternate program.

Implementation Measure 14-1a(1): The Historic Sites and Records Preservation Committee should be reorganized to meet the requirements for a local Historic Preservation Commission recognized by the Department of Interior. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Nominal administrative costs; operational costs paid by

grant entitlements. Consequences: Preservation of historic sites.

Implementation Measure 14-1a(2): The Planning Director shall be designated the County’s Cultural Resources Coordinator/Historic Preservation Officer. Timing: Ongoing Responsibility: Administration. Fiscal Impact: None. Consequences: This is a technicality for CLG purposes.

Implementation Measure 14-1a(3): Retention of historic records shall be within the purview of the Historic Sites and Records Preservation Commission. Timing: Ongoing Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: This reinforces the records preservation role of the

Commission so that this responsibility does not get lost.


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Goal 14-2: Identify historical resources within the County of historical significance.

Policy 14-2a: Identify historic resources to determine marketing opportunities.

Implementation Measure 14-2a(1): Update the County historic sites inventory. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Costs of consulting services to update. Consequences: Current inventory.

Implementation Measure 14-2a(2): The Board of Supervisors shall include qualifying sites and structures on the list of Mariposa County Historic sites. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: None. Consequences: Creates a historic sites map—which is an economic asset

for tourism. Implementation Measure 14-2a(3): Analysis of qualifying historic sites and structures shall

be undertaken in conformance with appropriate standards of the California State Historic Preservation Office and the standards of the National Trust for Historic Preservation. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing review. Consequences: Establishes a threshold.

Goal 14-3: Use financial incentives and partnership opportunities to preserve historic and cultural resources.

Policy 14-3a: Attempt to increase the number of historic resources in Mariposa County that are preserved, protected, and/or rehabilitated.

Implementation Measure 14-3a(1): Seek options through partnerships with private organizations, local financial institutions, and by the use of Federal and State grants and tax incentives. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Costs of grant administration. Consequences: Allows the CLG grants to be used as incentives—one of

the rare times government funds can be passed to private property owners.

Goal 14-4: Utilize the County’s historic sites to increase tourism opportunities.

Policy 14-4a: Development within historic districts shall enhance and improve historic scenery.


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Implementation Measure 14-4a(1): The County shall prepare and adopt Historic Design Review Guidelines for use within Districts. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Cost incorporated into the update. Consequences: Historic preservation.

Implementation Measure 14-4a(2): Within County-identified historic districts, all exterior construction, renovation, rehabilitation, or restoration shall be subject to design review approval. Timing: Ongoing review standard Responsibility: Mariposa County Planning Department. Fiscal Impact: Increases number of projects requiring permit review. Consequences: County Code standard.

Implementation Measure 14-4a(3): Demolition of County-identified historic structures should require review from the Historic Sites and Records Preservation Commission. Timing: Ongoing review standard Responsibility: Building Department, Mariposa County Planning

Department. Fiscal Impact: Ongoing site review, permit review costs. Consequences: Provides a safety valve against the County’s history being

destroyed without reason.

Goal 14-5: Create historic districts to preserve the County’s historic character and promote tourism.

Policy 14-5a: Identify areas of the County that qualify as historic districts.

Implementation Measure 14-5a(1): The County, in cooperation with the Historic Sites and Records Preservation Commission and local Planning Advisory Committees, should identify new or expanded historic districts for nomination to the California Register of Historical Resources or the National Register of Historic Places. This may include, but not be limited to cemeteries. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Staff or consulting costs. Consequences: Creates a locally available resource for County

communities.

Goal 14-6: Avoid demolition or destruction of historic and cultural resources.

Policy 14-6a: Seek alternatives to demolition or destruction of historic resources.


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Implementation Measure 14-6a(1): Prior to the approval of a demolition permit for any historic site, structure, or cultural place the Historic Sites and Records Preservation Commission shall review the application pursuant to CEQA and determine whether alternatives to the proposed demolition or destruction shall be required. Timing: Ongoing review standard Responsibility: Historic Preservation Commission. Fiscal Impact: Staff time and meeting time. Consequences: An additional safety valve.

Implementation Measure 14-6a(2): Prior to the approval of a demolition permit or grading permit for a cultural place the Southern Sierra Miwuk Nation Consultation Committee shall review the application pursuant to CEQA and determine whether alternatives to the proposed demolition or destruction shall be required. Timing: Ongoing review standard Responsibility: Southern Sierra Miwuk Nation Consultation Committee. Fiscal Impact: Staff time and meeting time. Consequences: An additional safety valve.

Goal 14-7: Include Native American representatives in discretionary project review.

Policy 14-7a: Encourage cooperation and communication between County officials and the Native American population of Mariposa County.

Implementation Measure 14-7a(1): Mariposa County shall invite the participation of representatives of the Native American community in the review of discretionary projects for which there is a likelihood of potential archaeological artifacts and cultural places. Timing: Ongoing Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: Helps property owners determine if there are potential

CEQA impacts early in the process.


14.3.01 ECONOMIC DEVELOPMENT The preservation of the County’s historic and cultural heritage is important in the ability to achieve its economic development goals, as set forth in the Economic Development Element. The County’s scenery, along with its rich history, is a fundamental part of creating a Mariposa County “brand” for marketing the County’s tourism potential. A Mariposa brand gives the County an identity that can attract visitors, thereby expanding the visitor-serving economy.


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14.3.02 REGIONAL TOURISM The County’s historic and cultural character is one of the aspects that the Regional Tourism Element identifies as the basis for programs to encourage visitors to make extended trips within the County. The Regional Tourism Element includes policies and implementation measures for improving visitor awareness of and accessibility to the County’s historic communities and native American cultural traditions and practice


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1515 NNOISEOISE

he Noise Element addresses sources of noise that could affect the character and health of the County. It provides policies to help ensure that noise does not disturb the quality of life for Mariposa County residents.

15.1 NOISE ISSUES AND SUMMARY OF FINDINGS According to the State of California General Plan Guidelines, the Noise Element should address those issues and sources of noise that are relevant to the local planning area, and should be as detailed as necessary to describe the local situation and offer solutions to local noise problems. Therefore, in evaluating the noise environment, it is important to establish appropriate local standards for assessing noise levels and for establishing land uses compatible with the noise environment.

The rural lifestyle found in Mariposa County results in a noise environment which is typically well below 55 dB(A) CNEL. The type of large lot development that predominates in the County provides for adequate site flexibility to locate residences away from a potential noise generator. Given this rural lifestyle, it is quite common to hear chainsaws, barking dogs, tractors, and similar sounds that are part of the rural lifestyle. While these sounds may momentarily detract from the quiet aspects of the rural lifestyle, they are not seen as being significant.

As discussed in Section 15.2.02, the major noise generators in the County tend to be intermittent in nature and the low population density of the county along with the intermittent nature of the noise reduces the effects on the County’s population.

At the present time, Mariposa County is not developing a noise exposure inventory because of the barriers to obtaining meaningful data concerning the exposure of the County’s population to projected levels of noise. The utilization of Census Block data, as suggested by the State Noise Element Guidelines, is not a useful geographic unit of analysis for the purpose of evaluating noise in Mariposa County. Some census blocks are hundreds of acres in size, and without more refined data, the County cannot determine precise population counts. In light of the low-level noise environment of the County, and the relatively few noise generators, the County has determined that developing a noise exposure inventory is not a cost-effective, necessary, or meaningful tool and therefore is not practicable.

Sources of environmental noise such as passenger and freight line railroad operations and ground rapid transit systems; scheduled airport operations; large local industrial plants; and other stationary noise sources do not occur in Mariposa County, and as such are not evaluated for noise exposure.

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The noise sensitive land uses of hospitals, schools, and rest homes exist at various locations throughout the county. When the location of these facilities is compared to the chief noise generators (highways, roads, and airport), it is relatively apparent that these uses would lie outside of any 55 dB(A) CNEL contour developed. Since no other noise generators have been identified, these noise sensitive uses are not affected by noise levels above 55 dB(A) CNEL. On-site monitoring of these noise sensitive uses is seen as unnecessary and ineffective. It is recognized that the noise environment could change over time, and future evaluations will be necessary to determine whether such monitoring is appropriate.

Chapter 14 in Volume III of the General Plan includes an assessment of roadway noise levels; fixed noise sources; noise levels related to operations at the Mariposa-Yosemite Airport; and existing community noise levels. The major sources of noise and potential noise issues in the County are characterized below.

The following are the chief sources of noise generation within the County.

• Mariposa Yosemite Airport

• Motor vehicle noise

• Off-road vehicles and recreational uses

• Special events

15.1.01 MARIPOSA YOSEMITE AIRPORT Aircraft take-offs and landings represent a source of transportation noise. As late as 2002, the Mariposa County Airport did not generate complaints from nearby residences. Future growth of the airport may generate additional operations; both the Airport Land Use Plan and the General Plan reflect preventive policies to accommodate both a growing airport and desirable area development. Heliports and helispots are located in the County, but used intermittently.

15.1.02 MOTOR VEHICLE NOISE The majority of the traffic on the various state highways comes from automobiles, tour buses, and light trucks. None of the highways in the County serve as interstate truck transportation routes. The heavy trucks that do use the roads are generally commercial carriers for products and supplies, construction activities, and some limited industries. Noise from the highways is relatively low when compared to noise from major truck routes on freeways.

15.1.03 OFF-ROAD VEHICLES AND RECREATIONAL USES Off-road vehicles create potential noise problems in the County. During summer months, motorcycles use mountain roads and trails for recreational travel. Noise from these vehicles can extend for miles in quieter mountain areas.

15.1.04 SPECIAL EVENTS Significant sources of noise are sometimes emitted from outdoor special event activities, although these events are limited in duration.


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15.2 GENERAL PLAN IMPLEMENTATION Goal 15-1: Preserve the quality of life in Mariposa County by controlling

noise at its source. Policy 15.1a: Control noise at its source.

Implementation Measure 15.1a(1): A noise ordinance should be considered to define the standards for the County. Timing: Intermediate-term Responsibility: Public Safety Officer. Fiscal Impact: Unknown. Consequences: Noise reduction.

Implementation Measure 15.1a(2): County development standards shall require means of controlling noise at its source as opposed to imposing mitigation as the means of offsetting noise impacts. Timing: Intermediate-term Responsibility: Public Safety Officer. Fiscal Impact: Unknown. Consequences: Noise reduction.

Implementation Measure 15.1a(3): The County shall develop and implement standards that will reduce vibration from construction activities to a level that is less than perceptible at adjacent property lines. Timing: Intermediate-term Responsibility: Public Safety Officer. Fiscal Impact: Unknown. Consequences: Noise reduction.

Goal 15-2: Protect County residents from the harmful and annoying effects of exposure to excessive noise.

Policy 15-2a: Siting and construction of facilities intended for noise sensitive uses shall comply with the noise reduction standards of applicable State building codes.

Implementation Measure 15-2a(1): The State building standards for the proper insulation of new dwellings for noise reduction shall be enforced. Timing: Ongoing review standard Responsibility: Building Department. Fiscal Impact: Ongoing program. Consequences: Code compliance.

Policy 15-2b: New projects with extensive noise potential shall incorporate mitigation measures.

Implementation Measure 15-2b(1): Where proposed non-residential land uses are likely to produce excessive noise levels at existing or planned noise-sensitive uses, an acoustical analysis shall be required as part of the project review process. An acoustical analysis should: • be prepared by a person qualified in environmental noise assessment

and architectural acoustics,


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• include representative noise level measurements to adequately describe local conditions,

• recommend appropriate mitigation to achieve compliance with the adopted policies and standards,

• estimate noise exposure after the prescribed mitigation measures have been implemented, and

• describe a post-project mitigation measure effectiveness assessment program.

Timing: Ongoing review standard Responsibility: Mariposa County Planning Department and Building

Department. Fiscal Impact: Applicant cost for noise studies. Consequences: Noise reduction.

Implementation Measure 15-2b(2): Noise created by new transportation noise sources shall be mitigated. Timing: Ongoing review standard Responsibility: Planning Department. Fiscal Impact: Ongoing review. Consequences: Noise reduction.

Implementation Measure 15-2b(3): The County shall require appropriate noise reduction measures for outdoor public events. Such measures may include: • preparation of a noise impact analysis by an appropriate licensed

professional;

• identification of best sound management practices for avoiding impacts;

• restrictions on the level of amplification of sound systems;

• conditions on the start, finish, and duration of the event; limitations on the number of participants; and

• a requirement to install temporary noise reduction devices or barriers.

Timing: Ongoing review standard Responsibility: Mariposa County Planning Department and Health

Department. Fiscal Impact: Ongoing review. Consequences: Noise reduction.

Policy 15-2c: Ensure that new development does not produce noise levels that create an unacceptable noise environment in those existing areas of the County where the noise environment is deemed acceptable, and also in those locations deemed noise sensitive.

Implementation Measure 15-2c(1): The County shall assess development activities and determine whether the Noise Element shall be updated or whether to undertake studies to create noise contours and noise exposure indices. Timing: Intermediate-term Responsibility: Mariposa County Planning Department. Fiscal Impact: Cost of noise studies. Consequences: Noise reduction.


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1616 SSAFETYAFETY

he Safety Element identifies issues and delineates programs related to safety in the County.

16.1 SAFETY ISSUES AND SUMMARY OF FINDINGS Fire, flood, seismic and geologic hazards, as well as airport operations and use or transport of hazardous materials may create hazards for people and property in the County. It is the County’s intent to reduce the risk of loss of life, injuries, damage to property, and economic and social dislocations from those hazards to the smallest amount or degree within practical limitations.

The Safety Element addresses the safety of people and property in Mariposa County in coordination with other local, state, and federal agencies. Issues addressed in this Element include:

• fire hazard,

• flood hazard,

• geologic hazards,

• seismic hazards,

• airport safety,

• hazardous materials and hazardous waste, and

• emergency management and evacuation plans.

16.1.01 FIRE HAZARD Uncontrolled wildfires damage life, property, and natural resources. The potential risk from wildfire depends upon the amount of flammable vegetation and other fuel sources in an area, combined with meteorologic and topographic factors. The risk of wildfire is high in a large portion of Mariposa County because the County is covered by a combination of grasslands, chaparral, and forests that can become very flammable during dry weather. The wind and heat from June to September contribute to the fire danger. Even during the winter months the fire danger persists, because the drying effects of several days of wind can reduce the water content of brush to a level that makes it susceptible to burning.

T


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There is a distinction between wildland fires and non-wildland fires involving homes, businesses, and other improvements. The Mariposa County Fire Department has the responsibility of determining the threat and mitigation measures needed for non-wildland fires. The California Department of Forestry and Fire Protection (CDF), the USDA Forest Service, the Department of Interior National Park Service, and Bureau of Land Management have responsibility for wildland fires within their jurisdictions. The threats, the mitigation, and the approaches are different.

While wildfires are caused by both natural and human means, human error has historically been the cause of most large fires in Mariposa County. The threat of wildfires is greatest in the central, northeast, and southeast portions of the County because these areas consist primarily of chaparral and conifer communities and are prone to high winds. These areas are the most developed in the County (Mariposa Town and Coulterville are located here) and are where the largest amount of future development is likely to occur.

The 2002 Standards of Coverage prepared by Mariposa County Fire Department create a system to increase fire prevention and protection opportunities for property owners. The Standards of Coverage ensure the County is able to maintain its Insurance Services Office ratings. As the ISO ratings number decreases (improvement to fire protection services), the cost of property insurance costs also decrease. Further implementation of the concentric development pattern policies of the General Plan implement the Standards.

Basically, residential development needs to occur in areas where fire protection can be supplied. The County has standards of response time and coverage for fire protection. There are 14 county fire stations countywide and one fire station under construction; these include Co# 21 Midpines, Co# 22 MPUD Mariposa, Co# 23 Catheys Valley, Co# 24 Don Pedro, Co# 25 Mt. Bullion Airport, Co# 26 Coulterville, Co # 27 Mormon Bar, Co# 28 Bridgeport (planning for construction, 2005), Co# 29 Lushmeadows, Co# 31 Greeley Hill, Co# 32 Ponderosa Basin, Co# 33 Fish Camp, Co# 34 El Portal, Co# 36 Hunters Valley, and Co# 37 Bootjack.

To maintain quality fire protection and not lose ISO ratings, development potential is tempered by the available ISO rating. Communities with hydrant systems are classed as ISO Rural 5 or 6. Outlying rural areas are classified as ISO Rural 8, 9, or 10. ISO 8 is within the coverage response time of a fire station. ISO 9 areas have fire protection, but longer response times. Areas rated as ISO 10 are considered unprotected. Appendix C includes the 2005 Mariposa County ISO Rating map. In 2005, the County had an ISO rating of “5.”

From the CDF perspective, the ISO ratings assist with determining mitigation for structures, but the Fire Hazard Preplanning conducted by CDF provides the planning for wildfire. CDF needs to be able to manage fuel breaks through the wildland-urban interface. When new subdivisions are created, CDF’s reviews of the project can result in mitigation measures requiring fuel breaks, fire roads, and other methods of protecting property from wild fire. Establishing these fire management features requires long-term maintenance and efforts by property owners and CDF. Such requirements are incorporated into the development process.

16.1.02 FLOOD HAZARD Flooding and resulting flood hazards to life and property have been relatively rare in Mariposa. Flooding can cover roads and makes transportation hazardous. Flood hazard areas


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have been defined by the Department of Housing and Urban Development in the populated areas of Mariposa, El Portal, Coulterville, Wawona, and Hornitos.

Floodplains in Mariposa County encompass important resource values. These include natural moderation of floods; water quality maintenance; groundwater recharge; habitat and food for fish, wildlife and plants; open space and natural beauty; outdoor education and recreation; and economic value for agriculture, aquaculture, and forestry. Flooding is increased when obstructions such as sediment, vegetation, and constructed structures and facilities occur in the floodway.

The major areas of concern for flood hazards in Mariposa County are:

• damage to homes and other structures that already exist in floodplains,

• increasing development pressures within floodplains or along watershed drainage channels,

• erosion along established stream channels and sedimentation of instream channels caused by cut and fill activities,

• potential development below dams which might be subject to inundation caused by dam failure, and

• lack of adequate access for emergency equipment during periods of flooding.

16.1.03 GEOLOGIC HAZARDS The most common geologic hazards in Mariposa County are landslides and rock falls. These hazards can directly injure people and damage property, block evacuation routes (see the discussion of Emergency Management and Evacuation Plans below), or damage structures, such as septic systems, causing them to release pathogens or other hazardous substances to the environment. The hazard potential is greatest in areas with steep slopes and certain geologic and soil conditions, such as expansive soils (clay soils that expand when wet). The risk of injury or property damage increases when houses and roads are constructed in these areas. Human activities may further increase the risk by removing or disturbing soil-stabilizing vegetation to construct building pads and roads.

The County addresses old mine shafts, vents, and adits when new subdivisions are created. Part of the California Environmental Quality Act (CEQA) process is to identify such hazards and incorporate appropriate mitigation measures.

16.1.04 SEISMIC HAZARDS Historic earthquake activity in Mariposa County has been low. Secondary seismic hazards are listed in Table 16-1; no significant damage related to seismic activity has been recorded. Nevertheless, the Foothills Fault System, which terminates in mid-County, is seismically active. The northern portion of the system produced a magnitude 5.7 earthquake near Oroville in 1975. A few days after the Oroville earthquake, a magnitude 4.1 earthquake was centered south of Catheys Valley. This smaller earthquake reportedly caused no damage.

The Five-County Seismic Safety Study considered Mariposa County only in light of its distance from the San Andreas Fault to the west and the Owens Valley Fault System to the


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east. Based on information known at the time of that study, the major part of Mariposa County was shown in Seismic Zone S-1. Zone S-1 is described as having general features of hard rock, alluvium on valley floors, and weathered bedrock in mountain meadows. The zonal characteristics of Seismic Zone S-1 indicate that there is a low damage potential from generalized ground shaking.

Table 16-1: Secondary Seismic Hazards Hazard Damage potential Landslide Moderate to high Subsidence/settlement Minimal Liquefaction Minimal Seiches Low


Only the mid to eastern portions of Yosemite National Park were shown in Seismic Zones S-2 and S-3, both of which are subject to more severe primary and secondary hazards due to the area’s proximity to the Owens Valley Fault Zone.

16.1.05 AIRPORT SAFETY The Mariposa-Yosemite Airport, located on Highway 49 North approximately four miles northwest of Mariposa, is the only public airport in Mariposa County. It serves Mariposa County and the eastern half of Madera County. It is classified as a General Aviation Basic Utility Airport and has one runway with an adjacent full-length taxiway. The most common types of aircraft using the airport are single engine fixed-wing general aviation with some use by twin-engine aircraft and helicopters.

The principal concerns associated with the Mariposa-Yosemite Airport are the safety of the general public in over flight areas during take-off and landing and noise compatibility. To reduce the safety risk, the Federal Aviation Administration requires runway protection zones and height limits on structures near airports. In addition, airport planning boundaries define areas near airports within which safety or noise restrictions are imposed. Development around the airport must comply with the Mariposa-Yosemite Airport Comprehensive Land Use Plan.

Land use compatibility standards have been established by the Mariposa-Yosemite Airport Comprehensive Land Use Plan to provide consistency with the requirements of the County General Plan and the Mount Bullion Town Planning Area, within which the airport is located. Land uses have been classified into three safety zones surrounding the Airport. These safety zones are intended to protect people from hazards and prevent property damage. They restrict building height and ensure compatible uses in areas surrounding the airport.

To be consistent with the County standard, a 55-Community Noise Equivalent Level (CNEL) noise contour has been established extending approximately 3,200 feet east and 5,700 feet west of State Highway 49. This contour is intended to protect residents from potential harm of excessive noise. There are 250 acres zoned Mountain Home (MH) located between the 55 and 60 CNEL (between Old Toll Road and Mt. Bullion Town Planning Area).


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Airport safety issues are critical in order to attain the facility’s maximum economic development potential. Mariposa-Yosemite airport is a major component of the County’s economic diversity opportunities if its uses are allowed to continue and expand.

16.1.06 NATURALLY-OCCURRING ASBESTOS31 Asbestos is a term used for several types of naturally-occurring fibrous minerals found in many parts of California. The most common type of asbestos is chrysotile, but other types are also found in California. Serpentine rock often contains chrysotile asbestos. Serpentine rock, and it’s parent material, ultramafic rock, is abundant in the Sierra foothills, the Klamath Mountains, and Coast Ranges. Serpentine rock is typically grayish-green to bluish-black in color and may have a shiny appearance.

Asbestos is commonly found in ultramafic rock, including serpentine, and near fault zones. The amount of asbestos that is typically present in these rocks range from less than 1% up to about 25%, and sometimes more. Asbestos is released from ultramafic and serpentine rock when it is broken or crushed. This can happen when cars drive over unpaved roads or driveways which are surfaced with these rocks, when land is graded for building purposes, or at quarrying operations. It is also released naturally through weathering and erosion. Once released from the rock, asbestos can become airborne and may stay in the air for long periods of time.

All types of asbestos are hazardous and may cause lung disease and cancer. Health risks to people are dependent upon their exposure to asbestos. The longer a person is exposed to asbestos and the greater the intensity of the exposure, the greater the chances for a health problem. Asbestos-related disease, such as lung cancer, may not occur for decades after breathing asbestos fibers. Cigarette smoking increases the risk of lung cancer from asbestos exposure.

There are many laws pertaining to asbestos. The California Air Resources Board adopted two statewide control measures which prohibits the use of serpentine or ultramafic rock for unpaved surfacing and controls dust emissions from construction, grading, and surface mining in areas with these rocks.

16.1.07 HAZARDOUS MATERIALS AND HAZARDOUS WASTE Hazardous materials and hazardous waste are a potential hazard to County residents primarily through upsets or accidental releases to the environment. The risk of exposure increases when hazardous materials or waste facilities are located near where people live; when facilities are located in areas that contain other hazards (e.g., floodplains, landslide areas, and wildland fire areas); or when hazardous materials or waste are transported. For these reasons, the State and Federal governments closely regulate the storage, handling, and transport of hazardous materials and waste.

The County Health Department is responsible for enforcing State and Federal hazardous waste regulations and for implementing the County’s Comprehensive Hazardous Waste

31 California Environmental Protection Agency, Air Resources Board, January 2002.


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Management Plan. The Management Plan is a guide for the reduction, treatment, recycling, and disposal of hazardous waste generated in Mariposa County. Mariposa County has a County Landfill and four transfer stations, although none of these sites accept hazardous waste. Because there are no commercial or public hazardous waste treatment, storage, disposal, or recycling facilities within Mariposa County, all hazardous waste is exported out of the County. Much of the hazardous waste produced in Mariposa County is waste oil. The County collects waste oil at the Mariposa County Airport, the Mariposa County Landfill, and the Don Pedro transfer station for recycling. Since there are no hazardous waste treatment facilities in the County, all other waste was exported to the Merced County Landfill.

There are several sites within the County where there have been reported releases of hazardous materials or wastes to the environment. The most common among these are leaking underground storage tanks (USTs) at former or active service stations. The County Health Department has an underground storage tanks program, which is responsible for ensuring that all USTs meet current state regulations and are inspected and permitted on an annual basis.

The County has taken steps to reduce the generation of hazardous waste by businesses and homeowners in the County. Household waste reduction has been addressed through public information and education about conservation and re-use. There are also bi-annual household hazardous waste collection days that have yielded positive results and will continue to be implemented.

16.1.08 EMERGENCY MANAGEMENT AND EVACUATION PLANS

Mariposa County manages and coordinates its emergency response activities in conjunction with the California State Standardized Emergency Management System (SEMS). The State Office of Emergency Services administers the SEMS, which provides a framework for coordinating multi-agency emergency response. Among other things, SEMS incorporates mutual aid agreements, establishes lines of communication during emergencies, and standardizes incident command structures. By participating in SEMS, Mariposa County is eligible for reimbursement of response costs under disaster assistance programs.

The Draft Evacuation Plan of Mariposa County, which is part of the County’s Draft Emergency Plan (August 2003) and also includes initial response operations, extended response operations, and recovery operations, provides guidance for field responders for initial response to emergencies. The Evacuation Plan includes a general response checklist for the initial response operations at the field level in order to standardize emergency response procedures. The field response level is where emergency response personnel and resources, under the command of an appropriate authority, carry out tactical decisions and activities in direct response to an incident or threat. SEMS requires the use of an Incident Command System (ICS) and the Incident Commander to coordinate with the Emergency Operations Center.

In addition, the Evacuation Plan provides an evacuation procedure including the establishment of evacuation staging areas. Evacuation is a short-term method to gather evacuees in the case of a fire, flood, or other disaster. The need for an evacuation shall be


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determined by an authority having jurisdiction. Predetermined sites will be used as staging areas for evacuees and citizens seeking information.

The Evacuation Plan provides for emergency response agencies, such as the Sheriff’s Office, County Fire/OES, Human Services, Red Cross, and others as appropriate, to set up a public information center at the sites and continue the operation until the particular incident is under control. If an actual shelter operation becomes necessary, the Evacuation Plan provides for the Department of Human Services to request and coordinate the opening of congregate care facilities with the Merced/Mariposa Chapter of the American Red Cross. The County Department of Human Services Staff would also contact the Salvation Army and other organizations involved in disaster services.

The Mariposa County Fairgrounds has been determined to be the main shelter site for large-scale disasters. If that location is utilized by emergency operations, it may not be available for shelter use. In that instance, other safe locations will need to be found. The Draft Evacuation Plan provides Emergency Alert System (EAS) Guidelines, which include the procedures from Emergency Communications Areas (EC Areas) that cover the Mariposa Operational Area. They are intended to standardize the format for communicating basic information needed by the public in an emergency.

16.2 GENERAL PLAN IMPLEMENTATION Goal 16-1: Enforce development standards lessening fire hazard danger. Policy 16-1a: Non-residential development activity shall be within acceptable fire

department response time limits and coverage areas; or a development project shall provide its own on-site fire protection facilities and firefighters as approved by the County Fire Department.

Implementation Measure 16-1a(1): Establish appropriate standards for development projects wishing to provide alternative, on-site fire protection services. Timing: Intermediate-term. Responsibility: Fire Department. Fiscal Impact: Staff time and preparation costs to develop appropriate fire

safety standards. Consequences: Alternative means for developers to satisfy fire protection

safety. Policy 16-1b: Establish attainable standards for new subdivisions and development for

fire safety.

Implementation Measure 16-1b(1): Enact amendments to the Mariposa County Code to implement fire safe standards. The ordinance(s) shall include the following requirements: • Minimum construction standards or template (width, grade, and

surfacing) for public roads, private roads, and private driveways sufficient for emergency vehicles access.

• Requirements for a connecting and maintaining a circulation system within a road system using roads connecting through other parcels or developed secondary routes dedicated for emergency access.


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• Minimum standards for emergency water supply standards for firefighting purposes.

• Standards for siting of flammables.

• Signage and address standards providing easy identification of roads, driveways and buildings.

• Site design specifications for buildings in locations of extremely high fire danger.

Timing: Short-term. Responsibility: Fire Department. Fiscal Impact: Staff resource cost and possible outside costs for ordinance

preparation and hearing process. Consequences: Fire protection.

Implementation Measure 16-1b(2): Implement the countywide Wildfire Hazard Safety Plan, which includes standards for fire prevention, fuel management, and fire suppression, including but not limited to the following: • Requirements for development in areas with high and very high fuel

hazards, including adequate emergency access and water supply; “defensible space” standards; and the use of fire-resistant exterior construction materials, such as fire safe roofing and fire-resistant plants.

• Wildland fire management activities such as controlled burning, fuel removal, vegetation management, and firebreaks.

• Specific fire protection and prevention requirements for hillside, open space, and rural area development.

• Public wildfire safety education through the Mariposa County Fire Safe Council (MFSC).

• Standards specific to geographic areas in the County based on fire hazard potential.

Timing: Intermediate-term. Responsibility: Fire Department. Fiscal Impact: Staff resource cost and possible outside costs . Consequences: Fire protection

Policy 16-1c: All subdivisions and development projects shall conform to adopted fire code and other fire prevention regulations.

Implementation Measure 16-1c(1): Amend, if necessary, the County Subdivision code to ensure formal review of subdivisions by the Fire Agencies. Timing: Short-term. Responsibility: Mariposa County Planning Department, Fire Department. Fiscal Impact: Initial Staff time and ongoing review time; to be

incorporated into the update of Title 17, Zoning. Consequences: Fire protection.


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Goal 16-2: Utilize the most efficient multi-level fire prevention and protection system.

Policy 16-2a: Develop and maintain cooperative arrangements with CDF to maximize the efficient deployment of fire prevention and protection resources.

Implementation Measure 16-2a(1): Cooperate with the CDF in providing advice to landowners on vegetation management programs keeping forest fuel values at acceptable levels. Timing: Ongoing. Responsibility: Fire Department. Fiscal Impact: Ongoing. Consequences: Fire protection.

Policy 16-2b: Support programs to involve and educate County residents in fire prevention.

Implementation Measure 16-2b(1): Continue to work with the Mariposa County Fire Safe Council or other appropriate agency or group as a major avenue for educating residents and coordinating citizen efforts in fire prevention. Timing: Ongoing. Responsibility: Fire Department. Fiscal Impact: Staff time and incidental costs. Consequences: Fire protection.

Goal 16-3: Sustain adequate fire protection service levels. Policy 16-3a: Adopt a strategic plan for fire safety.

Implementation Measure 16-3a(1): Adopt a strategic plan for fire safety incorporating the Standards of Cover for the Mariposa County Fire Department identifying current and future fire service areas and standards. Timing: Short-term. Responsibility: Fire Department. Fiscal Impact: Staff time and preparation costs. Consequences: Fire protection.

Implementation Measure 16-3a(2): The strategic plan shall identify the long term capital improvements, rolling stock, equipment and supplies, and other major purchase items needed to maintain and improve fire safety. Timing: Short-term. Responsibility: Fire Department. Fiscal Impact: Staff time and preparation costs. Consequences: Fire protection.

Implementation Measure 16-3a(3): The strategic plan shall identify thresholds and capital facility needs for each of the existing and future service areas. Timing: Short-term. Responsibility: Fire Department. Fiscal Impact: Staff time and preparation costs. Consequences: Fire protection.


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Implementation Measure 16-3a(4): Revise and update the “Standards of Cover” and its service area maps. Timing: Short-term. Responsibility: Fire Department. Fiscal Impact: Staff time and preparation costs. Consequences: Fire protection.

Policy 16-3b: Increase emergency response personnel training opportunities.

Implementation Measure 16-3b(1): Enable facilities for “heavy” fire suppression helicopter operations at the Mariposa Yosemite Airport. Timing: Short-term. Responsibility: Fire Department and Public Works. Fiscal Impact: Capital improvement—potential construction costs;

ongoing operating costs. Consequences: Fire protection.

Goal 16-4: Reduce the risk of flood loss to preserve property and save lives.

Policy 16-4a: Control development in flood hazard areas.

Policy 16-4b: All new construction in a flood hazard area shall be flood proofed.

Implementation Measure 16-4a and b(1): Adopt a comprehensive County Flood Protection Ordinance that includes at a minimum the following requirements: • All structures in flood hazard areas are constructed with materials

and equipment resistant to flood damage.

• All mobile homes shall be anchored by providing over-the-top and frame ties to ground anchors.

• All new and replacement water systems shall be designed to prevent infiltration of floodwaters into the system.

• On-site sewage disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Timing: Short-term. Responsibility: Mariposa County Planning Department, Public Works

Department. Fiscal Impact: Cost of ordinance preparation. Consequences: Increased preparation and protection from flood event.

Policy 16-4c: Control development in dam inundation areas.

Implementation Measure 16-4c(1): The update to Title 17, Mariposa County Code, Zoning shall include a dam inundation overlay district. Timing: Intermediate-term. Responsibility: Mariposa County Planning Department. Fiscal Impact: Part of the development of updates to Title 17, Mariposa

County Code, Zoning. Consequences: Increased preparation and protection from flood event.


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Goal 16-5: Minimize the impact of floods on the people and businesses of Mariposa County.

Policy 16-5a: Ensure adequate capacity is maintained in flood plains and drainage channels to handle flood flows.

Implementation Measure 16-5a(1): Enact an ordinance to require a hydrologic evaluation for subdivisions and development projects located within flood plains and drainage channels to ensure potential flood hazard is minimized. Timing: Short-term. Responsibility: Public Works Department. Fiscal Impact: Ordinance development costs. Consequences: Increased preparation and protection from flood event.

Implementation Measure 16-5a(2): Subdivision parcel and final maps and building permit site plans shall provide for on-site detention for normal storm water flows in excess of the capacity of natural drainage courses receiving runoff from the development. Timing: Ongoing review standard. Responsibility: Building Department. Fiscal Impact: Has the potential to add cost to project review and site

development. Consequences: Minimized flooding impacts from increased development.

Policy 16-5b: Minimize the loss of access across floodways and in flood hazard areas.

Implementation Measure 16-5b(1): Amend Title 16 of the Mariposa County Code, Subdivisions, to require subdivision parcels and development projects to provide at least one means of vehicular access not crossing a flood hazard area, or be constructed above the maximum flood elevation. Timing: Short-term. Responsibility: Mariposa County Planning Department. Fiscal Impact: Incorporated into the costs of updating Title 17. Consequences: Increased preparation and protection from flood event.

Policy 16-5c: Water retention facilities shall be constructed to prevent flooding and to ensure that pre-development off- and on-site surface flows are maintained with no net increase.

Implementation Measure 16-5c(1): Enact an ordinance requiring ponds and facilities for retaining water to be designed to prevent downstream flooding. Timing: Short-term. Responsibility: Building Department and Director of Public Works. Fiscal Impact: Ordinance development. Consequences: Increased preparation and protection from flood event.


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Goal 16-6: Preserve the values of floodplains as natural features. Policy 16-6a: Retain flood plains within project design in such a way as to ensure that

no net change occurs upstream or downstream.

Implementation Measure 16-6a(1): Amend Title 17 of the Mariposa County Code, Zoning, to require flood and drainage channels to be designed into landscaping plans. Timing: Short-term. Responsibility: Mariposa County Planning Department. Fiscal Impact: Incorporated into the update of Mariposa County Code

Title 17. Consequences: Minimized flooding impacts from increased development.

Implementation Measure 16-6a(2): Land use maps shall maintain low intensity zoning in floodplain areas. Timing: Short-term. Responsibility: Mariposa County Planning Department. Fiscal Impact: Ongoing. Consequences: Minimized flooding impacts from increased development.

Goal 16-7: Protect life and property endangered by landslides and rockfalls.

Policy 16-7a: Reduce risk of injury or property damage by landslides and rockfalls.

Policy 16-7b: Avoid development in geologic hazard areas.

Implementation Measure 16-7a and b(1): Site inspections and maps (topographic, soils and geologic) will be used to identify geologic hazard areas (e.g., landslide-prone areas) in the County. The maps will be retained and available in the County Planning Department. Timing: Ongoing review standard. Responsibility: Mariposa County Planning Department. Fiscal Impact: Staff time and administrative costs. Consequences: Public safety.

Implementation Measure 16-7a and b(2): The County Building Official will review plans for new construction in geologic hazard areas and will determine whether engineering studies, including structural and soils analyses, are required prior to issuing permits for construction in these areas. Timing: Ongoing review standard. Responsibility: Mariposa County Planning Department, Building

Department. Fiscal Impact: Staff time and administrative costs. Consequences: Public safety.


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Goal 16-8: Protect life and property endangered by seismic activity. Policy 16-8a: Develop and enforce standards to reduce risk of injury or property

damage by seismic activity.

Implementation Measure 16-8a(1): New development projects in or near a seismic risk area (fault zone) or geologic hazard area shall be discouraged or designed to such standards as to minimize or eliminate such risk. Timing: Ongoing review standard. Responsibility: Mariposa County Planning Department, Building

Department. Fiscal Impact: Staff time and administrative costs. Consequences: Public safety.

Policy 16-8b: Avoid seismic dangers for public facility construction.

Implementation Measure 16-8b(1): Public facilities shall be sited to avoid known seismic dangers and shall be constructed to meet seismic safety requirements of the Uniform Building Code. Timing: Ongoing review standard. Responsibility: Building Department. Fiscal Impact: Staff time and administrative costs. Consequences: Public safety.

Goal 16-9: Engineer and locate development in areas not endangered by secondary seismic effect to protect life and property.

Policy 16-9a: Develop and enforce standards to reduce risk of injury or property damage by secondary effects of seismic activity.

Implementation Measure 16-9a(1): Review development and subdivision proposals to avoid building sites in areas subject to secondary seismic effects. Timing: Ongoing review standard. Responsibility: Mariposa County Planning Department. Fiscal Impact: Staff time and administrative costs. Consequences: Public safety.

Goal 16-10: Provide a safe airport environment to ensure its success and expansion.

Policy 16-10a: Implement the Mariposa-Yosemite Airport Comprehensive Land Use Plan.

Implementation Measure 16-10a(1): No land development incompatible with the airport land use plan shall be permitted in the airport’s area of influence. Timing: Ongoing review standard. Responsibility: Mariposa County Planning Department; Planning

Commission. Fiscal Impact: Staff time and administrative costs. Consequences: Airport protection.


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Goal 16-11: Manage hazardous materials and hazardous waste to prevent unnecessary exposure and risk.

Policy 16-11a: Maintain the effectiveness of the Comprehensive Hazardous Waste Management Plan.

Implementation Measure 16-11a(1): Enforce the requirements of the County’s Comprehensive Hazardous Waste Management Plan. Timing: Ongoing review standard. Responsibility: Mariposa County Health Department. Fiscal Impact: Staff time and administrative costs. Consequences: Public safety.

Goal 16-12: Minimize risks to people and property during emergencies through pre-planning.

Policy 16-12a: Coordinate local and State emergency response efforts.

Implementation Measure 16-12a(1): Review and update the Mariposa County Emergency Management Plan every five years. Timing: Ongoing. Responsibility: Emergency Services. Fiscal Impact: Staff time, administrative costs, training costs. Consequences: Enhanced emergency preparation.

Implementation Measure 16-12a(2): Undertake full operation emergency situation drills and training periodically. Timing: Ongoing. Responsibility: Emergency services. Fiscal Impact: Creates a mandated program with higher than normal

training costs. Consequences: Enhanced emergency preparation.


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AAPPENDIX PPENDIX A A GGLOSSARY OF LOSSARY OF TTERMSERMS

DEFINING WORDS Words used in the General Plan have their normal dictionary meaning unless they are defined in the definitions section. Words defined in the definitions section are defined for the purposes used in the General Plan only. These words have the specific meaning stated, unless the context of the paragraph in the General Plan clearly suggests another meaning.

USE OF GENERAL TERMS Information about the use of general terms and conventions of language are as defined in the next sections.

DEFINITIONS WITHIN AREA PLANS AND SPECIFIC PLANS

Area Plans

SUMMARY OF MAJOR FINDINGS

Definitions contained within Area Plans or Specific Plans may be different than definitions in the General Plan. The purpose of an Area Plan is to provide for goals, policies, and implementation measures to achieve the objectives of the area. As such, Area Plans need the craft definitions meeting the needs of the area for which the Plan is prepared. Area Plans are more precise than the General Plan, and this can create the need for unique definitions or more strictly defined definitions than in the General Plan.

GENERAL PLAN IMPLEMENTATION

Goal A.1-1: Ensure Area Plans provide effective means of achieving local objectives.

Policy A.1-1a: Allow maximum flexibility in tailoring the content of Area Plans to meet local objectives.

Implementation Measure A.1-1a(1): Areas Plans may include definitions unique to the Planning Area.

Implementation Measure A.1-1a(2): Area Plans may redefine terms otherwise

defined in the General Plan to meet the


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needs of the Area Plan, as long as the Plan’s definition is stricter in interpretation than the General Plan

Implementation Measure A.1-1a(3): Definitions within Area Plans that are not contained within the Plan’s definition element shall be defined in accordance with the hierarchy of this Element of the General Plan.

Specific Plans

SUMMARY OF MAJOR FINDINGS

The structure of the General Plan requires that Specific Plans maintain consistency with the General Plan and any applicable Area Plan. Addressing precise project area development requirements, Specific Plans may generate unique terminology not otherwise incorporated into the General Plan or applicable Area Plan. This precision is necessary to ensure a working specific plan, however it does not replace terms already defined in the General Plan or applicable area plan.

GENERAL PLAN IMPLEMENTATION

Goal A.1-2: Specific Plans maintain General Plan and Area Plan consistency at all levels of content.

Policy A.1-2(a): Specific Plan content is restricted to definitions maintaining General Plan and Area Plan consistency.

Implementation Measure A.1-2a(1): Specific Plans are empowered to define terms as needed to carry out the Plan, provided that such terms are not already defined in the General Plan or applicable Area Plan.

Implementation Measure A.1-2a(2): Specific Plans shall not be required to use definitions included in any other official County document, and may define such terms to meet the needs of the Specific Plan.

“SHALL” AND “MAY”

Shall

“Shall” means mandatory. The word “shall” means that the directives or requirements are mandatory and may not be waived or modified. If used within the text, “will” and “must” also mean “shall.”

May

“May” means permissive. The word “may” means that the directives or requirements are permissive or selective and are imposed at the option of the decision-maker. “Can,” “should,”


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and “strive” also mean “may.”

“AND” AND “OR”

And

“And” means that each item identified in a list shall be required by the decision-makers.

Or

“Or” means any combination of one or more of the identified items may be required by the decision-makers.

SOURCES OF DEFINITIONS It is not feasible to incorporate all possible definitions within the General Plan. When a term is not defined in the General Plan Glossary, the following hierarchy of definition sources is used:

Definitions Within the General Plan

Words defined within the General Plan shall have the meaning as assigned in this Plan, unless the context of the sentence in which the term is used clearly intends other meaning.

Definitions Within Other Official County of Mariposa Documents

Words not defined within the General Plan which are defined in other County planning documents, such as the Regional Transportation Plan, Airport Land Use Plan, the Mariposa County Code shall have the meanings as established within the cited document. In the event a word is defined in both the General Plan and other official County documents, the definition within General Plan shall apply to word usage within the General Plan.

Definitions Not in the General Plan or Other Official County Documents

The General Plan shall first use the meaning contained within The Latest Illustrated Book of Development Definitions, by Moskowitz and Lindbloom, published by the Center for Urban Policy Research of Rutgers University, Piscataway, New Jersey; 2004 edition or most current edition.

Terms not defined in any cited sources shall have the meaning as established in the current edition of the Webster’s Enclyclopædic Unabridged Dictionary of the English Language, published by Gramercy Press.


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DEFINITIONS The following words and phrases are defined for the General Plan as follows:

1. Accessory dwelling. “Accessory dwelling” means one additional dwelling unit in a single family zoning district that may be occupied by a separate household.

2. Accessory structure. “Accessory structure” means a structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

3. Accessory use. “Accessory use” means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

4. Adequate Capacity. Adequate Capacity means a road which meets County Improvement Standards, including width, for existing traffic and proposed project traffic increases.

5. Adit. “Adit” means an almost horizontal entrance to a mine.

6. Agribusiness. “Agribusiness” means farming engaged in as a business operation embracing the production, processing, and distribution of agricultural products, or and the manufacture of farm machinery, equipment, and supplies.

7. Agriculture. “Agriculture” means the production, keeping, or maintenance, for sale, lease or personal use of:

plants and animals useful to society, including and not limited to: forages and sod crops; grains and seed crops;

dairy animals and dairy products, poultry and poultry products;

domesticate livestock, including and not limited to domesticated animals, such as beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals;

bees and apiary products;

fur animals;

trees and forest products; and/or

fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.

8. Agriculture, commercial. “Commercial agriculture” means an agriculture land use with intent to make a profit.

9. Agriculture, small scale commercial. “Small scale commercial agriculture” means an agriculture land use producing less than 50 percent of the gross income of the property owner.

10. Agri-nature Tourism. “Agri-nature tourism” means visitor-oriented destinations and experience which are centered on an agricultural and/or natural theme. The act of visiting a working farm or any agricultural, horticultural, or agribusiness operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation and/or activities and experiences taking place in natural areas.


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11. Agritourism. “Agritourism” means visitor-oriented destinations and experience which are centered on an agricultural theme. The act of visiting a working farm or any agricultural, horticultural, or agribusiness operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation.32

12. All weather surface. “All weather surface” means an aggregate base or asphaltic concrete surface which meets minimum specifications established by the Mariposa County Road Improvement and Circulation Policy and the Mariposa County Improvement Standards, and which is capable of being traveled during normal seasonal conditions.

13. Appropriate. “Appropriate” means determination of applicable standards which may differ from one area of the County to another based on the site specific needs or from one site to another based on site specific conditions Aquifer. “Aquifer” means a geologic area which contains a regular supply of water recharged within a groundwater basin (Figure A-1).

Figure A-1: Aquifer and Groundwater Basin

14. Architectural Resource. “Architectural resource” means structures or other human constructions that possess artistic merit particularly representative of their class or period, as well as those representing achievements in architecture, engineering, technology, design or scientific research and development.

15. Area Plan. “Area Plan” means an element of the General Plan adopted by the Board of Supervisors to provide for more detailed and precise planning policies applicable to a planning area.

16. Average daily traffic (ADT) or traffic volume. “Average Daily Traffic” means the total traffic volume passing a given point in an average 24 hour period. For example, a residential driveway could average four trips in and four trips out, for a total ADT of eight.33 “Potential ADT” means the average daily traffic to be expected if each lot using the road is developed to its typical intensity and generates its typical traffic. For example, a local road with eight lots, of which four are developed, typically generates an ADT of 30 vehicles. When the other four lots are developed, the ADT is expected to be

32Ramiro Lobo, Farm Advisory, Agriculture Tourism: Helpful Agritourism definitions (Davis, CA: University of California Extension Services, Small Farm Center, 2002), http://www.sfc.ucdavis.edu/agritourism/definition.html. 33RS/R, from Road Standards and Specifications Policy Distillation (Mariposa: Mariposa Planning, May 23, 2001).


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60 vehicles. The latter figure is “potential average daily traffic.”

17. Bed and breakfast inn. “Bed and breakfast inn” means a single family structure in which there is a full time, permanent resident family, and a limited number of guest bedrooms not exceeding five.34 These are rented as transient occupancies to different guests, and breakfast is prepared each day in a kitchen appropriately permitted by the Health Department.

18. Bike path or bikeway route. “Bike path” or “bikeway route” means a road, route, or trail for bicycles.

19. Bureau of Land Management (BLM). “Bureau of Land Management” means the agency of the Department of Interior with management responsibilities for specified Federal-owned lands.

20. Building height. “Building height” shall mean the height of a building as defined by the Zoning Ordinance or any applicable area plan.

21. Citizen Planning Advisory Committee. “Citizen Planning Advisory Committee” means “planning advisory committee.”

22. Community. “Community” when used without other modifiers in the General Plan means an unincorporated population center generally known by a name. “Community” also means “locality.”

23. Community Noise Equivalent Level. “Community Noise Equivalent Level” (CNEL) means the average noise level over a 24-hour period with weighting factors applied to noise occurring during evening (7:00 p.m. to 10:00 p.m.) and night time (10:00 p.m. to 7:00 a.m.) hours. A weight of 5 dB (decibel – see definition below) is applied to evening noise, and weighting of 10 dB to night noise.

24. Community Plan. “Community Plan” means an element of the General Plan adopted by the Board of Supervisors to provide goals, policies, and implementation measures for a Community Area.

25. Concentric development. “Concentric development” means subdivision and other types of new development patterns occurring in close proximity to infrastructure (examples: maintained roads, power, telecommunications, fire protection) which allow infrastructure to be extended in a logical succession of contiguous expanding subdivision patterns from the point services end at any point in time into the new area where services are needed.

26. Conditional use. “Conditional use” means a land use generally consistent with the purpose of a zoning district, with characteristics which may affect the zone’s purpose creating a requirement to assess site-specific criteria prior to approving the use privilege.

27. Conditional use permit. “Conditional use permit” means a discretionary permit issued by the County entitling the holder to develop a use listed as “conditional” in the Land Development Code. Conditional use permits normally contain mitigation measures and project implementation conditions to ensure compliance with the General Plan and County development regulations. A conditional use permit is a property privilege.

28. Condominium. “Condominium” means a form of home ownership in which individual

34The number of bedrooms is limited by zoning regulations and policies within the General Plan or appropriate area plans. A bed and breakfast inn with more than five guest rooms is considered a motel and shall be located on lands zoned for a motel.


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dwelling units within the structure are made available for sale, lease, or finance. Within a condominium, the dwelling unit owner generally owns the ‘air space’ or interior of the unit with a condominium association or condominium corporation owning the physical structure and common areas of the structure and grounds. Although similar, a “townhouse,” is not a condominium (Figure A-2).

Figure A-2 Condominium

29. Conserve; conservation. “Conserve” and “conservation” mean the wise use of resources allowing them to retain their principal value (see also “preserve; preservation”).

30. Core economy. “Core economy” means the basic economic units of the County’s economy—tourism, government, retail, and service businesses.

31. County. “County” means the County of Mariposa.

32. County Code. “County Code” means the Mariposa County Code.

33. County-maintained road system (County roads). “County-maintained road system” means streets or roads accepted for maintenance by the County of Mariposa.

34. Cultural landscape. “Cultural landscape” means a geographic area (including both cultural and natural resources and the wildlife or domestic animals therein), associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values.

35. Cultural Places. Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historic Resources pursuant to Section 5024.1, including any spiritual, traditional, historic or prehistoric ruins, any burial ground, and any archaeological or historic site.

36. Cultural tourism. “Cultural tourism” means travel directed toward experiencing the arts, heritage and special character of a place.35

37. Culture. “Culture” is the integration into our daily lives of “the arts,” our history, our interaction with the environment, and the diversity of traditions, thoughts, and ideas that govern how we relate to each other as individuals and as a community.

38. Dark Sky Association, International. The “International Dark Sky Association” means the non-profit academic organization which is recognized for its standards in the field of site lighting (Refer to Open Space/Conservation Element).

39. Dark sky standards. “Dark sky standards” means the specifications for mitigating light pollution as created by the International Dark Sky Association.

40. Day-Night Average Sound Level (Ldn). “Day-Night Average Sound Level” means an average 24-hour noise level, where the L represents the average noise level over a 24-hour period (based on average energy content of sound) with a 10 dB weighting applied to night time noise. In general Ldn and CNEL agree within 1 dB.

41. Decibel (dB). “Decibel” means the most commonly used unit to express sound relative

35Missoula Cultural Council (Missoula, MT: Missoula Cultural Council Internet Site, undated), http://www.missoulacultural.org/tourism.html.


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to a reference pressure of 20 micronewtons per square meter (the threshold for hearing). Sound levels in decibels are calculated on a logarithmic basis, hence an increase in 10 dB is perceived as a doubling of noise (i.e., 50 dB is twice as noisy as 40 dB).

42. Density. “Density” means the number of dwelling units per acre. Accessory dwelling units as mandated by California law are not counted in density calculations.

43. Developed area. “Developed area” means that portion of a parcel which is graded, disturbed, landscaped, or constructed upon with buildings, structures, roads, driveways, and parking areas. This excludes trails for pedestrian, equestrian, cycling, or all terrain vehicle use.

44. Development. “Development” means a change in the use of land or the addition of a constructed feature to land.

45. Development standard. “Development standard” means a quantifiable requirement applicable to a project as defined in an adopted code or guideline.

46. Director. “Director” means the County of Mariposa Planning Director.

47. Discretionary. “Discretionary” means an action requiring a public review process. Conditional use permits and subdivisions are examples of discretionary actions.

48. Duplex. “Duplex” means a structure containing two dwelling units on one lot.

49. Dwelling unit. “Dwelling unit” means one or more rooms, designed, occupied, or intended for occupancy as a separate living quarter with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the use of a single family maintaining a household.

50. Dwelling, attached. “Attached dwelling” means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.

51. Dwelling, detached. “Detached dwelling” means a dwelling that is not attached to any other dwelling by any means.

52. Dwelling, single family attached. “Attached single family dwelling” means a one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot (Figure A-3).

Figure A-3: Attached Single Family Dwelling

53. Dwelling, single family detached. “Detached single family dwelling” means a building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards (Figure A-4).

Figure A-4: Detached Single Family Dwelling 54. Dwelling, single family with accessory unit. “Single family

dwelling with accessory unit” means a single family dwelling to which a secondary dwelling unit is attached.

55. Dwelling, secondary. “Secondary dwelling” means “accessory


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dwelling.”36

56. Easement. “Easement” means a grant of one or more of the property rights by the property owner to or for use by the public, a corporation, or another person or entity.

Dedication. “Dedication” means the transfer of property by the owner to another party.

Exclusive easement. “Exclusive easement” means a right of only one use or user, or a limited range of use types or users.

Non-exclusive easement. “Non-exclusive easement” means a right of use or user without limitations.

Private easement. “Private easement” means an easement granting defined rights of use or users between two or more private parties.

Right-of-Way. “Right-of-Way” means a strip of land owned as an easement or in fee title by a governmental entity or public utility acquired by reservation, dedication, prescription, condemnation, or purchase intended to be occupied by a road, crosswalk, railroad, public or private utility line, or other public or private infrastructure.

Utility easement. “Utility easement” means an easement dedicated for public or private utilities usage.

57. Ecotourism. “Ecotourism” means ecologically sustainable tourism with a primary focus on experiencing natural areas that fosters environmental and cultural understanding, appreciation, and conservation.

58. Enhance. “Enhance” means an action to increase the value of a resource or objective.

59. Family. “Family” means one or more persons related by blood, adoption, or marriage living and cooking together as a single housekeeping unit exclusive of household servants or a number of unrelated adult persons but not exceeding two and their children related by blood adoption or marriage living and cooking together as a single housekeeping unit.37

60. Fence. “Fence” means an artificially constructed barrier of any material or combination of materials, erected to enclose or screen separate areas.

61. Fiscal year. “Fiscal year” means July 1 of one calendar year to June 30 of the following calendar year. Example: “Fiscal Year 2003-04” means the period from July 1, 2003 through June 30, 2004.

62. Frontage. “Frontage” means that portion of a lot abutting a street.

63. Frontage improvements. “Frontage improvement” means construction of infrastructure, utilities, or facilities within an easement or right-of-way running the length of one or more property lines.

64. Functional service classification. “Functional service classification” means a purpose for roads based on existing or projected use, and traffic volumes. The following are functional service classifications within the Mariposa County General Plan:

36This definition may be different in Area Plans than the General Plan. 37This definition comes from the United States Supreme Court case called Boras v Village of Belle Terre (NJ), and has been the legally-tested standard definition of family used in planning and zoning regulations since that time.


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“County arterial” is a road connecting either two state highways or a state highway to another County arterial or to an out-of-County destination.

“Federal” means a road which is managed by a Federal land management agency such as the US Forest Service or Bureau of Land Management, or all roads within Yosemite National Park not classified as “NPS Arterials.”

“Local” means a road serving lots within a subdivision not within the County-maintained road system.

“Major collector” means roads collecting traffic from local roads, and occasionally from abutting property, and conducting it to arterials or state highways.

“Minor collector” means roads collecting traffic from local roads, and abutting lots, and conduct it to a higher class of road.

“National Park Service (NPS) arterial” means roads that are extensions of State Highways which are situated within Yosemite National Park.

“State highway” is a road owned and maintained by the State of California. In the County of Mariposa, these are Highways 41, 49, 120, 132, and 140.

65. Gateway. “Gateway” means the physical or geographic entrance to an area of the County.

66. General Management Plan. “General Management Plan” means the official long range, comprehensive planning document adopted by the National Park Service for Yosemite National Park.

67. Goal. “Goal” means an objective to be accomplished during the implementation of the General Plan.

68. Grandfathered, Grandfathering. “Grandfathered” means a legally existing nonconformity; “Grandfathering” is the act of allowing a legally existing nonconformity.

69. Groundwater. “Groundwater” means the water beneath the surface that can be collected with wells, tunnels, or drainage galleries, or that flows naturally to the earth's surface via seeps or springs. Groundwater is the water that is pumped by wells and flows out through springs. In the County of Mariposa, the groundwater comes from fractures within the consolidated rock. With few exceptions, there are no “aquifers” in Mariposa County.

70. Groundwater basin. “Groundwater basin” means a hydrologic unit of groundwater storage defined as an area more or less separate from neighboring groundwater storage areas.

71. Guiding principle. “Guiding principle” means a principle established by the Board of Supervisors defining the long-term vision of the General Plan.

72. Interim. Interim shall mean applicable until such time as the Board of Supervisors determines an appropriate, definitive determination.

73. Interim land use maps. “Interim land use maps” refer to the land use maps which shall be effective for a community or town planning area, pending adoption or amendment of an area plan for that community.

74. Height. “Height” means the height of a building or structure as defined by the Zoning Ordinance or any applicable area plan.


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75. High density residential. “High density residential” means a residential development of more than ten dwelling units per acre of gross land area.

76. Heritage Corridor. “Heritage corridor” means a route or area designated by Congress.

77. Historic District. “Historic District” means an area designated as a national historic district by the National Trust for Historic Preservation or a Mariposa County historic district within the context of the General Plan.

78. Historic resource. “Historic resource” means sites, districts, structures, objects or evidences of human activities that represent facets of the history of a locality; places where significant historical events occurred even though no evidence of the event remains, or places associated with a personality important in history.

79. Implementation measure. “Implementation measure” means a directive, either time-specific or quantifiable, defining how policies are implemented to accomplish General Plan goals.

80. Improvement standards. “Improvement standards” means improvement measure directives published by the county engineer, and adopted by the board of supervisors.

81. Individual onsite sewage disposal system. “Individual onsite sewage disposal system” means a system intended for the disposal of sewage and wastewater generated by onsite primary and accessory uses meeting the standards of the County of Mariposa Health Department and other associated development requirements.

82. Industrial. “Industrial” means a use of land which manufactures, assembles, or adds value to a product or services and generally does not sell products directly to the end user.

83. Infrastructure. “Infrastructure” means the services and facilities for parcels, including transportation network of roads and highways, utilities (telecommunications, power, gas, and propane), wells and septic tanks, and the ability of support services, such as school buses, emergency service vehicles, and mail delivery to serve a subject property.

84. Intermediate-term planning period. “Intermediate-term planning period” means the five-year implementation time line commencing at the conclusion of the short-term planning period.

85. Joint jurisdiction. “Joint jurisdiction” means those areas of the County in which the County of Mariposa and the National Park Service cooperate, collaborate, or exercise informal or formal agreements to jointly share all or portions of the land management and administration of the area. Essentially, this applies to the Foresta Special Planning Area, El Portal Town Planning Area, and the Wawona Town Specific Plan.38

86. Land carrying capacity. “Land carrying capacity” is the ability of land, including its resources, to be modified and continue to function in an acceptable manner. The General Plan goals, policies and implementation measures define the land carrying capacity for Mariposa County.

87. Land use classification. “Land use classification” means the General Plan’s designation of the purpose and development policies of a category of lands. Land use classification

38The County has formal Memoranda of Understanding with the National Park Service for Wawona and Foresta. In El Portal, the National Park Service controls infrastructure which affects private lands.


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shall not mean zoning district.

88. Landform. “Landform” means any physical, recognizable form or feature on the earth’s surface, having a characteristic shape, and produced by natural causes; it includes major forms such as a plain, plateau, or mountain, and minor forms such as a hill, valley, slope, esker, or dune. Taken together, landforms make up the surface configuration of the earth (Figure A-6).39

Figure A-6: Landform

89. Level of service (LOS). “Level of service,” as defined by the California Department of Transportation, is a qualitative measure of operating conditions within a traffic stream, and its perception by motorists and/or passengers. A LOS definition generally describes these conditions in terms of such factors as speed, travel time, freedom to maneuver, comfort and convenience,

and safety.

a. LOS A on freeways describes primary free-flow operations. Average operating speeds at the free-flow speed generally prevail. Vehicles are almost unimpeded in their ability to maneuver within the traffic stream. On intersections LOS A describes operations with very low delay, up to 5 seconds per vehicle. This LOS occurs when progression is extremely favorable and most vehicles arrive during the green phase.

b. LOS B represents a reasonable free-flow, and speeds are generally maintained. The ability to maneuver within the traffic stream is only slightly restricted, and the general level of physical and psychological comfort provided to drivers is still high. For intersections, LOS B describes operations with delay greater than 5 and up to 15 seconds per vehicle. This level generally occurs with good progressions, short cycle lengths, or both.

c. LOS C provides for flow with speeds still at or near the freeway flow speed of the freeway. Freedom to maneuver within the traffic stream is noticeably restricted at LOS C, and lane changes require more vigilance on the part of the driver. For intersections, LOS C describes operations with delay greater than 15 seconds and up to 25 seconds per vehicle.

d. LOS D is the level at which speeds begin to decline slightly with increasing flows. In this range, density begins to deteriorate somewhat more quickly with increasing flow. Freedom to maneuver within the traffic stream is more noticeably limited, and the driver experiences reduced physical and psychological comfort levels. Even minor incidents can be expected to create queuing, because the traffic stream has little space to absorb disruptions. For intersections, LOS D describes operation with delay greater than 25 seconds and up to 40 seconds per vehicle.

39From the lecture series for GLG 362/598, Geomorphology, Department of Geological Sciences, Arizona State University, Tempe, AZ. Cited from internet page: http://www.public.asu.edu/~arrows/geomorph/glg362--secondlecture.htm; August 27, 2002.


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e. LOS E on freeways is the value that corresponds to the maximum flow rate, or capacity, on the facility. Operations in this level are volatile, because there are virtually no usable gaps in the traffic stream. For intersections, LOS E describes operations with delay greater than 40 seconds and up to 60 seconds per vehicle.

f. LOS F on freeways represents a stop and go, low speed conditions with little or poor maneuverability. Speed and traffic flow may drop to zero and considerable delays occur. For intersections, LOS F describes operation with delay in excess of 60 seconds per vehicle. This level, considered by most drivers unacceptable, often occurs with over-saturation, that is, when arrival flow rates exceed the capacity of the intersection.

90. Locality. “Locality” means an identified place in the County, including towns, communities, and other portions of the County which are identified by names and are a center of some component of County population. “Locality” also means “community.”

91. Long-term planning period. “Long-term planning period” means the implementation period starting ten years from the adoption of the General Plan or a five-year General Plan through the conclusion of the General Plan’s planning period, usually covering a ten-year planning horizon in the twenty-year life of a General Plan.

92. Lot. “Lot” means a described area of land depicted on a parcel map, subdivision map, or other appropriate instrument used in conformance with Title 16 of the Mariposa County Code, Subdivisions, or the California Subdivision Map Act. For the General Plan, “parcel” and “lot” have the same meaning.

93. Lot coverage. “Lot coverage” means the area of a lot covered by building perimeter roof area expressed as a percentage of total land area.

94. Maintained road. “Maintained road” means a road which receives scheduled maintenance from the State Department of Transportation, County of Mariposa, federal agencies, special district, or mandatory private road maintenance association created as part of the project approval.

95. Mansionization. “Mansionization” means conversion of older small homes on small lots to larger homes utilizing maximum lot coverage.40 Such homes are also known as “monster homes”.

96. Metrics. “Metrics” means the measure of a standard to ensure compliance or standards of monitoring.

97. Minimum lot size. “Minimum lot size” means the smallest land area at which a new lot may be approved. “Minimum lot size” also means “minimum parcel size.”

98. Minimum parcel size. “Minimum parcel size” means the smallest land area at which a new parcel may be approved. “Minimum parcel size” also means “minimum lot size.”

99. National Park Service. “National Park Service” or “NPS” means the United States Department of Interior, National Park Service and Yosemite National Park.

100. Nexus. “Nexus” means the bond, link, or tie existing between a required development improvement condition and the impacts of the development.

101. Nonconformity. “Nonconformity” means a structure or use which was established

40San Bernardino planner Ric Stephens.


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prior to the adoption of the General Plan or enactment of a zoning ordinance.

Illegal nonconformity. “Illegal nonconformity” means a use or structure which were established in violation of policies, regulations, or codes in effect at the time the structure was constructed or use was established.

Legally existing nonconformity. “Legally existing nonconformity” means a use or structure established in conformance with appropriate regulations which have become nonconforming as a result of a change in the general plan, zoning code, or other regulatory provisions.

102. Off-season. “Off-season” means the period of the year during which tourism is at its lowest. Generally November to March in Mariposa County.

103. Offsite improvements. “Offsite improvements” means any improvements undertaken outside of the property boundaries or frontage of the project parcel.

104. Organizational Recreation Camps. An area containing one or more permanent buildings and/or developed campsites that is used periodically, for recreational purposes, for the accommodation of members of private associations or groups, and is not open to the general public. The recreational activities and camping are provided as part of an organized program that is managed and maintained by the private association or group.

105. Parcel. “Parcel” means “lot.”

106. Park. “Park” means a tract of land, designated and used by the public for active and passive recreation.

Community park. “Community park” means a park designed to meet the needs of a locality for passive and active recreation.

Neighborhood park. “Neighborhood park” means an open area of two to five acres including space for passive recreation and limited active recreation areas.

Regional park. “Regional park” means a recreation area or preserve intended for passive and active use by residents of the entire County or a region greater than just county boundaries. Regional parks may be developed in concert with other public agencies and private organizations.

107. Paths. “Paths” means routes serving exclusively pedestrian traffic.

108. Peak season. “Peak season” means the period of the year during which tourism activities are at the highest levels. Normally May through September in Mariposa County.

109. Performance zoning. “Performance zoning” means zoning regulations that permit uses based on a particular set of standards rather than on a particular type of use and may include site development regulations established to meet objectives with high reliance on the project designer to flexibly meet the requirements.

110. Permitted use. “Permitted use” means a land use allowed by right within a zoning district.

111. Planning Advisory Committee. “Planning Advisory Committee” means a committee appointed by the Board of Supervisors to provide recommendations in concert with a specified mission for a portion of the County or for a narrow countywide issue.


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112. Place of use. “Place of use” means the specific location where water is applied or beneficially used. A water user cannot use water at another location without transferring the right or obtaining a new right.

113. Planning Area. “Planning Area” means a land use classification identifying the boundaries of a Town Planning Area, Community Planning Area, or Special Planning Area, all three of which are governed by an Area Plan.

114. Planning period. “Planning period” means the time horizon during which an implementation measure is to be accomplished.

a. “Short-term planning period” means the five-year time horizon starting with adoption and ending with the first scheduled five-year General Plan update. Example: With an update adopted in 2006, the short-term planning period is 2007-2012.

b. “Intermediate-term planning period” means the five-year time horizon starting five years from the adoption of a five-year General Plan update and running for five years. Example: With an update adopted in 2006, the intermediate-term planning period is 2012-2017.

c. “Long-term planning period” means the ten-year time horizon starting ten years from the adoption of a five-year General Plan update and running for ten years. Example: With an update adopted in 2006, the long-term planning period is 2017-2027.

115. Planning agency. “Planning agency” means the County of Mariposa Planning Agency as established in the Mariposa County Code.

116. Planning Area. “Planning Area” means the boundaries of an unincorporated portion of the County of Mariposa designated as one of the three types of Area Plans: Town Area, Community Area, or Special Plan Area.41

117. Potable water. “Potable water,” when referring to an individual private well serving four or fewer connections, means water quality that can be made to meet the primary drinking water standards as established by the State of California or the United States Environmental Protection Agency. Potable water when referring to a water system of five or more connections means the appropriate standards have been applied by the State of California or the United States Environmental Protection Agency.

118. Potential ADT or potential traffic volume. “Potential ADT” or “Potential traffic volume” means the average daily traffic which is generated by existing and proposed development on parcels which access a road or road basin.

119. Policy. “Policy” means the direction of the County established to accomplish a goal.

120. Population holding capacity. “Population holding capacity” means the total potential population of the County based on the likely number of parcels to be created by subdivision and maximum feasible build-out of developable parcels.

121. Potential density or potential parcel size. “Potential density” or “potential parcel size” means the maximum density or minimum parcel size established in the General Plan.

122. Prescriptive zoning. “Prescriptive zoning” (also called “Euclidean zoning”) means

41A specific plan is not a planning area. In the context of the General Plan, a specific plan is a land use classification showing the area to which a specific plan applies.


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regulations in which the development standards and uses are prescribed by the code in advance and specifically authorized by the zoning ordinance. The code is largely self-enforcing because little or no flexibility is involved and little or no discretion occurs in its administration.

123. Preserve; preservation. “Preserve” and “preservation” mean the protection of a resource ensuring its retention in an unchanged condition (see also “conserve; conservation”).

124. Principal structure. “Principal structure” means a building in which is conducted the principal use of the lot on which it is located.

125. Principal use. “Principal use” means the primary or predominant use of any lot or parcel.

126. Project. “Project” means the same as established in the California Environmental Quality Act.

127. Property privilege. “Property privilege” means a use of land which is permitted after approval of a discretionary permit by the County.

128. Property right. “Property right” means a use of land which is allowed by nature of being a “permitted use” established in the Land Development Code.42

129. Public building. “Public building” means any building, structure, or complex used by the general public, whether constructed by any governmental agency or any private person. Public building includes and is not limited to auditoriums, libraries, civic centers, schools, National Park Service buildings, facilities of Yosemite National Park, public facilities, fire stations, and places of assembly.

130. Public-private partnership. “Public-private partnership” means an active association between the County and the private sector.

131. Quantifiable. “Quantifiable” means an implementation measure, project condition, or other enforceable requirement which is monitored by a specific measurable requirement. Examples: (a) If a proposed project will double the average daily traffic, a complete traffic study is required; (b) There shall be one shade tree planted for each eight parking spaces.

132. Radius of separation. “Radius of separation” means the separation between two assigned points of measure as measured on a radius created by following the direct transportation route, unless otherwise specified. Example: “Two commercial uses shall be separated by a radius of one mile.” The radius is measured following the most direct road route between the two commercial uses.

133. Ready-to-Build. “Ready-to-Build” means an undeveloped lot has basic infrastructure defined by the General Plan or Development Code in place or security for such infrastructure impounded in escrow prior to the recordation of a final or parcel map.

134. Recreation facility. “Recreation facility” means a place designed and equipped primarily for the conduct of environmental, sport, and other leisure time activities.

135. Recreation, commercial. “Commercial recreation” means a recreation facility operated as a business and open to the public for a fee. Commercial recreation includes

42Title 17 of the Mariposa County Code, Zoning.


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campgrounds and marinas.

136. Recreation, private. “Private recreation” means a recreation facility operated by a profit or non-profit organization for the primary use by its membership.

137. Recreation, public. “Public recreation” means a recreation facility operated by a public agency.

138. Regional tourism. “Regional tourism” means economic activity designed to attract people who do not live within Mariposa County or own property within Mariposa County to come to the County for purposes of recreation, sight-seeing, relaxation, and visitation.

139. Resort. “Resort” means a mixed use destination43 where the primary attraction is the lodging property and its onsite developed recreation activities, conference facilities, full service restaurants, catering, accessory gift-shops, spa treatment, recreation equipment sales, rental, and service.

140. Road system. “Road system” means the collection of legally-existing parcels of land which derive access from the parcel to the remainder of the County on an individual road or collection of roads.

141. Road segment. “Road segment” means a defined length on a road, usually between two intersections, for which vehicle traffic volumes are measured and level of service is calculated.

142. Retaining wall. “Retaining wall” means a structure constructed and erected between lands of different elevations to protect structures, or prevent erosion. A retaining wall built so that the top of the wall is even with and not more than four inches higher than the portion of earth being retained shall not be considered to be a fence.

143. Rural character. “Rural character” means the sum of all goals within the General Plan.

144. Scenic highway. “Scenic highway” means a corridor visible from a street or highway that provides vistas over water, across expanses of land—such as farmland, woodlands, or of mountaintops, canyon walls, or ridges.

145. Shoulder season. “Shoulder season” means the visitor season occurring after the summer peak travel season and prior to or immediately following the off-season. Generally the periods of March to May and September to November in Mariposa County.

146. Short-term planning period. “Short-term planning period” means the five-year time horizon starting with adoption and ending with the first scheduled five-year General Plan update.

147. Smart growth. “Smart growth” means (1) Planning, regulatory, and development practices and techniques founded upon and promoting the following principles:

using land resources more efficiently through compact building forms, infill development, and moderation in street and parking standards in order to lessen land consumption and preserve natural resources;

43In this situation, the concept is that the resort outside of a planning area is the self-contained destination. One can go to the property and not need to leave the site.


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supporting the location of stores, offices, residences, schools, recreational spaces, and other public facilities within walking distance of each other in compact neighborhoods that are designed to provide alternate opportunities for easier movement and interaction;

providing a variety of housing choices so that the young and old, single persons and families, and those of varying economic ability may find places to live;

supporting walking, cycling, and transit as attractive alternatives to driving; providing alternative routes that disperse, rather than concentrate, traffic congestion; and lowering traffic speeds in neighborhoods;

connecting infrastructure and development decisions to minimize future costs by creating neighborhoods where more people use existing services and facilities, and by integrating development and land use with transit routes and stations; and

improving the development review process and development standards so that developers are encouraged to apply the principles stated above.44; or

(2) Development that enhances existing communities, that is compatible with the natural environment, and that uses tax dollars efficiently while attracting private investment.45

148. Special Plan. “Special Plan” and “Special Planning Area” mean an element of the General Plan adopted by the Board of Supervisors to provide goals, policies, and implementation measures for a Special Planning Area.

149. Specific Plan. “Specific Plans” means the same as established in the California Government Code. Specific Plans are separately adopted planning documents for precise development plans conforming with State statute unless prepared and adopted in conjunction with a Planning Area Town Plan.

150. Sprawl. “Sprawl” means uncontrolled growth in previously rural areas and some distance from existing development and infrastructure.

a. “Rural sprawl” means unlimited approval of subdivisions outside of planning areas with lands being subdivided to densities of one unit per 40 acres or more being separated from developed areas by parcels with densities of less than one unit per 40 acres.

b. “Urban sprawl” means consecutive growth patterns outward from the edge of a planning area while there are still undeveloped properties appropriate for the same intensity of development or land use within the planning area.

151. Strip development. “Strip development” means commercial and retail uses, generally in a single story structure, one-store deep fronting on a major street, typically with little or no pedestrian connection or access to each other; linear site design; or no design integration between adjoining structures or stores.

152. Subdivision. “Subdivision” means the same as California Government Code section 66424. State law as of April 4, 2003 states:

“Subdivision” means the division, by any subdivider, of any unit or units of

44American Planning Association, “Growing Smart Project.” 45A Smart Growth Agenda for Illinois, Campaign for Sensible Growth, 1999.


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improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.” Should the state definition change, the General Plan automatically incorporates the new state definition by reference. The text within quotation marks is included for convenience only.

153. Suburbanization. “Suburbanization” means the proliferation of tract housing in a density and style typically occurring on the outskirts of urbanized areas. Examples include the modern development patterns in the Foothill communities of Rocklin, El Dorado Hills, and Nevada City, where rural character and open space was have been replaced by continuous subdivision development.

154. Superintendent. “Superintendent” means the Superintendent of Yosemite National Park.

155. Sustainable development. “Sustainable development” means development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Sustainable development is not a fixed state of harmony, but rather a process of change in which the exploitation of resources, the direction of investments, the orientation of technological development, and institutional change are made consistent with future as well as present needs.

156. The arts. “The arts” is a broad term representing art both created and performed. It is broadly defined encompassing all that creativity produces and all that creativity has produced. When used in the General Plan, the word “arts” celebrates the written and the painted, the photograph and the sculpture, the read, the danced, and the sung.

157. Time specific. “Time specific” means an implementation measure, project condition, or other enforceable requirement which must be accomplished by either a (a) specific date; or (b) specified point in time. Example: (a) Prior to October 1 of each calendar year; or (b) prior to the issuance of a building permit.

158. Town. “Town” means, when used without other modifiers, the largest established communities and proposed major communities in Mariposa County: Coulterville, Lake Don Pedro, and Mariposa.

159. Town Plan. “Town Plan” or “Town Planning Area” means an element of the General Plan adopted by the Board of Supervisors to provide goals, policies, and implementation measures for a Town Planning Area.

160. Townhouse. “Townhouse” means an attached dwelling unit in which the owner of the townhouse also has fee title ownership of the building’s exterior and land underneath the unit in addition to any common ownership of project facilities or lands. A “townhouse” is not a “condominium.”

161. Traffic. “Traffic” means the sum total of all vehicles passing any defined point on a road.


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a. “Local traffic” means the traffic generated by vehicles which are going to (a trip end) or coming from (a trip origination) a parcel with direct driveway access to the road.

b. “Through traffic” means the vehicles using the road to or from another destination not located on the road be analyzed.

162. Trail. “Trail” means a route that serves non-motorized traffic.

163. Transient occupancy. “Transient occupancy” means residency in a dwelling of thirty or fewer calendar days at a time.

164. Transient rental. “Transient Rental” means “vacation rental.”

165. Travel lane. “Travel lane” means the road surface dimension on a typical improvement standard cross-section where vehicles would normally travel, and that is exclusive of parking, curb or gutter.

166. United States Forest Service (USFS). “United States Forest Service” means the agency of the Department of Agriculture charged with the management responsibilities of the Sierra and Stanislaus National Forests.

167. Urban. “Urban” in terms of this General Plan means a town planning area in which a majority of parcels are less than 2.5 acres in gross land area or a public water supply and sewage disposal system are available. In terms of the Mariposa County General Plan, Coulterville, El Portal, Lake Don Pedro, and the town of Mariposa are “urban” areas.

168. Urban sprawl. “Urban sprawl” means the same as “sprawl,” except the context is based on new development of previously rural areas while undeveloped and underdeveloped lands remain within an existing urbanized area.

169. Undeveloped. “Undeveloped” means a parcel of land upon which there are no structures.

170. Underdeveloped. “Underdeveloped” means a parcel of developed land which is utilized by land uses less intensive than those permitted by zoning or by structures in a manner which do not fully utilize the potential of the property under current development policies.

171. Utilities. “Utilities” mean basic service infrastructure provided by a governmental agency or public utility including electric power, natural gas, telecommunications, bottled gas, water, wastewater collection and treatment, and distributed alternative power.

172. Vacation rental. “Vacation rental” means the commercial rental of an entire single family dwelling for short-term periods of less than thirty-one days.46

173. Viewshed. “Viewshed” means an area within the normal 165-degree range of vision seen for a period of more than ten seconds when traveling at the posted speed limit; or the view seen from a specified location intended for persons to stop and view the natural landscape for its scenic quality, historic value, or rural character.

174. Vista. “Vista” means a unique view to or from a particular point. The view may be

46“Vacation rental” replaces the term “transient rental.”


Page A-21

that of natural beauty, farmlands, settlements, towns, or villages (Figure A-7).

Figure A-7: Coulterville Vista 175. Waters of the state. “Waters of the state” means any

surface water or groundwater, including only perennial streams (solid drainage lines on United States Geological Survey maps) and environmentally significant wetlands.

176. Yosemite National Park. “Yosemite National Park” means the lands owned by the National Park Service designated as Yosemite National Park.

177. Zone of benefit. “Zone of benefit” means a defined area within a special district to which services are provided to property owners in the defined area and not within other areas of the special district.

178. Zoning district. “Zoning district” means an area defined by ordinance to which certain regulations of the Land Development Code are applied.

179. Zoning district, base. “Base zoning district” means a component of the zoning code establishing an area or areas within the County where lands may be developed consistent with a specified purpose in conformance with the prescribed uses and development standards

180. Zoning district, combining. “Combining zoning district” means a component of the zoning code that combines with a base zoning district to establish additional development policies, standards, requirements, or prescribed uses which are stricter than those prescribed in the base zoning district.

181. Zoning district, overlay. “Overlay zoning district” means “combining zoning district.”

INTERPRETATION OF TERMS AND CONCEPTS

HISTORIC AND CULTURAL RESOURCE TERMS AND MEANINGS The terms as used throughout this element will be defined as follows:

Historical Resource Definitions

Archaeological resources: Occupation sites, work areas, evidence of farming or hunting and gathering, burials and other funerary remains, artifacts and structures of all types, usually dating from prehistoric or aboriginal periods, or from historical periods and non-aboriginal activities for which only vestiges remain.

Cultural resources: Structures, sites, districts, and objects important to an indigenous culture, subculture, or a community for traditional, spiritual, or religious reasons, as well as areas important for artistic, recreational, or ethnic activities.

Plant resources: Sites, areas, groupings, rows, and specimens of significant plants notable for their genus, species, and variety which have uniqueness because of their botanical


Page A-22

classification, maturity, natural character, visual and sensory character; their association with a notable personage, movement, or events in the community’s evolution; for their scientific, educational, recreational, or site use; functional, scenic, and environmental values; and visual impact of the community. (Note: Plant resources are defined for the purpose of this Element to the extent they may be associated with historic resources.)

Traditional Cultural Places: A Traditional Cultural Place (TCP) is generally defined as a place that is eligible for inclusion in the National Register of Historic Places because it is associated with cultural practices or beliefs that are rooted in a community’s history, and are important in maintaining the cultural identity of that community. (Refer to National Register Bulletin 38 for a further discussion of TCPs, how to identify them, and how to evaluate them for eligibility.)

Historic Landscapes: An Historic Landscape is generally defined for purposes of the National Register, as a geographical area that historically has been used by people, or shaped or modified by human activity, occupancy, or intervention, and that possesses a significant concentration, linkage, or continuity of areas of land use, vegetation, buildings and structures, roads and waterways, and natural features. (Refer to National Register Bulletins 18 and 30 for a further discussion of Historic Landscapes, how to identify them, and how to evaluate them for eligibility).

The Form of a Historical or Archaeological Resource

Sites: Distinguishable pieces of ground, or areas of historic, prehistoric, or symbolic importance, upon which occurred important historic and prehistoric events, or which are importantly associated with historic and prehistoric events or persons or cultures, or which were subject to sustained historic or prehistoric activity of man, sometimes featuring changes in topography produced by human activity; examples are battle fields, historic campgrounds, ancient trails or gathering places, middens, historic farms, and landscaping plants.

Structures: Works of man, either prehistoric or historic, created to serve human activity, usually by nature or design, immovable.

Objects or artifacts: Materials, objects of functional, aesthetic, cultural, symbolic, or scientific value, usually by nature or design, movable.

Districts: Geographically definable areas, urban or rural, possessing a significant concentration or linkage of sites, structures, or objects unified by past events or aesthetically by plan, physical development, or by similarity of use.

Adverse Effect on a Historic or Archaeological Property47

Adverse effects on historic properties include, but are not limited to:

Physical destruction of or damage to all or part of the property;

47Adverse effects on historic and cultural resources are defined by Section 106 of the National Historic Preservation Act (http://www.achp.gov/regs.html#800.5) and within the California Environmental Quality Act.


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Alteration of a property, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation, and provision of handicapped access, that is not consistent with the Secretary's standards for the treatment of historic properties (36 CFR part 68) and applicable guidelines;

Removal of the property from its historic location;

Change of the character of the property's use or of physical features within the property's setting that contribute to its historic significance;

Introduction of visual, atmospheric or audible elements that diminish the integrity of the property's significant historic features;

Neglect of a property which causes its deterioration, except where such neglect and deterioration are recognized qualities of a property of religious and cultural significance to an Indian tribe or Native Hawaiian organization.

CONTIGUITY OF LAND USE CLASSIFICATIONS FOR AGRICULTURE/WORKING LANDSCAPE Findings associated with removal of land from the Agriculture/Working Landscape (A/WL) land use classification require a calculation of contiguity, or “what percent of a parcel is surrounded” by the A/WL classification or the proposed classification. This section establishes how to make the calculation.

The lines between the Residential and Agriculture/Working Landscape land use classifications were generated following discussions between the County and the Mariposa County Farm Bureau. The determination was to ensure that generally connected or contiguous agriculture lands remained usable for agriculture. The County has adequate land area to meet population needs for the next twenty years, and so preservation of agriculture areas is critical to the County’s economy.

The question arises in relation to “peninsulas” of agricultural lands into Residential areas and of residential lands into Agriculture/Working Landscape area. The formula used is as follows:

1. The subject property proposed for a change must have at least two of its property lines contiguous to the land use classification being requested or to the Residential land use classification or a Planning Area—in other words, half the property adjoins non-Agriculture/Working Landscape or non-Natural Resource land use classification.48

2. The total linear footage of those two boundary lines adjoining the proposed land use classification must equal more than 50 percent of the total linear distance of the perimeter of the subject property.

48A subject property within A/WL seeking to change the land use classification to Natural Resource may adjoin Natural Resource, Residential, or Planning Area.


Page A-24

Example: A subject property has six property lines, two of those adjoin the Residential Land Use Classification. The perimeter of the subject property is 5,000 linear feet.49 The two property lines total 2,501 linear feet. This property would be eligible for consideration of a land use classification amendment.

Example: A subject property has four property lines, two of those adjoin the Residential Land Use Classification. The perimeter of the subject property is 5,000 linear feet. The two property lines total 2,450 linear feet. This property would not be eligible for consideration of a land use classification amendment.

49The perimeter linear footage is available from the County of Mariposa Geographic Information System database for each Assessor Parcel in the County.


Page B-1

AAPPENDIX PPENDIX B B BBACKGROUND ACKGROUND II NFORMATIONNFORMATION

PLANNING COMMISSION PREFACE Dear Friends and Neighbors,

Time has flown, our work is done, and we must now pass on to you, the County’s elected representatives and citizens, for review and action, this rather large document—collected in four volumes. As we do so, we share a few thoughts about the plan and our experience working on it together over the past year-and-a-half.

First, although we all thought from the outset this was important work for our County, which sense has grown. Recently, it was suggested the 20th Century left our County unscathed: our mountains are still full of beauty, not houses; our way of life is still relatively simple and we know our neighbors; we are still small enough that we can all appreciate the overlapping of our lives; and volunteerism is still our greatest “job” sector—we like to think for ourselves and take care of what is important to Mariposa. Thus, we also would like to think the 21st Century finds us not unenlightened, realizing, especially after the events of September 11, there may be nothing more important for us to attend to as a County than updating our County’s General Plan—this generations Legacy to the next.

Second, our experience working together on this effort has been both profound and humbling. Humbling, because of realizing we could have accomplished nothing without the solid foundation of the 1981 General Plan, the excellent guidance received from our Board of Supervisors, the important ideas offered us by County citizens, and the skillful and professional assistance from our planning Staff and consultants. Throughout the General Plan, you will find the idea of partnership presented as a key to our future. The very process of developing this Update has been a partnership, showing the confidence we put in each other. We are truly thankful to all of you.

The experience was profound because of what we’ve learned about ourselves. Among the five of us, we represent over 150 years of experience in Mariposa County and reflect, to no small degree, the County’s diversity.

What has been profound, given this diversity, is that we’ve been able, simultaneously, to share our respective knowledge, experiences, and opinions while not clinging to our individual ideas or perspectives. There have been serious, even passionate, debates as we’ve explored our different views of the issues coming before us. There have also been happy moments of surprise when, in place of perceived difference and opposition, we’ve discovered shared values and hopes. Most important, throughout our work together, we somehow found not only common ground, but also the ability to use our differences constructively to build a shared respect for our past, a (hopefully) realistic assessment of our present, and an exciting vision of what our future can be if we continue working together—all of us.


Page B-2

Could the Plan be better? Certainly! Making it so is now your jobs. So, in this spirit of working together, celebrating, and using our differences to build a vibrant future for our children and grandchildren, we convey to you this Draft Mariposa County General Plan.

Respectfully submitted,

The County of Mariposa Planning Commission:

Robert Rudzik, Chair District Three Susan Crain, Vice-Chair District Five Gary Colliver District One Lyle Turpin District Two Leroy Radanovich District Four


Page B-3

LAND USE ELEMENT

Development Codes The County of Mariposa has utilizes separate codes for special construction provisions for buildings (Title 15, Mariposa County Code, Building), subdivisions (Title 16, Mariposa County Code, Subdivisions), zoning (Title 17, Mariposa County Code, Zoning), and mine reclamation (Title 18, Mariposa County Code, Mining Reclamation).

Methodology for the Creation of the “Lands Proposed for Inclusion” in the Rural Economic/Commercial Land Use Classification, Rural Commercial Subclassification The objective of the Mariposa County Planning Commission is to encourage rural neighborhood commercial uses in appropriate locations in the County so that rural residents have access to smaller neighborhood stores for daily necessities. The Planning Commission criteria for the minimum separation between rural economic/commercial uses was developed based on the existing rural homes currently being served and the distance between the existing rural economic/commercial services. The relationship between the existing County rural economic/commercial services that were analyzed — Lushmeadows Store, Triangle Market, Woodland Store, and Bootjack TPA —was determined as having adequate proximity to each other and possessing an effective geographic distance of space to effectively serve rural residents’ need for rural economic/commercial uses.

This analysis resulted in a minimum separation between a planning area or another rural economic/commercial land use classification of three (3) miles, and the service population within the radius of separation must be at least one thousand (1,000) persons as shown in the latest Census, as adjusted by the County’s annual population growth rate.


Page B-4

Residential Land Use Classification – Individual Onsite Sewage Disposal Systems Table B-1: Responsibility for Sewage Disposal Testing for New Subdivisions

Testing requirements for new subdivision applications.

Zone 1 Zone 2 Zone 3 U

nder

6.0

acr

es Soils report meeting

Health Department requirements to be submitted with the final or parcel map.

Full soils report meeting Health Department requirements for typical proposed parcels to be submitted with the application; full report with final or parcel map.

Full soils report meeting Health Department requirements for each proposed parcel to be submitted with the application.

6 –

<40

acre

s Modified soils report meeting Health Department requirements to be submitted prior to the recordation of the map.

Modified soils report meeting Health Department requirements to be submitted prior to the recordation of the map.

Full soils report meeting Health Department requirements for each proposed parcel or lot to be submitted with the application.

40 –

<10

0 ac

res Health Department staff

will determine testing requirements after site visit (Possible deferral of testing requirement to the application for a building permit).



Parc

el S

ize

(Acr

es)

100+

acr

es Soils testing required

prior to the submittal of an application for a building permit.

Soils testing required prior to the submittal of an application for a building permit.



Page B-5

Rural Economic/Recreation Subclassification – Individual Onsite Sewage Disposal Systems

Table B-2: Responsibility for Applications to Change Land Use Classification Testing requirements for new applications for General Plan amendments.

Zone 1 Zone 2 Zone 3

Und

er 6

.0 a

cres

Full soils report meeting Health Department requirements to be submitted with the application for a building permit.

Full soils report meeting Health Department requirements to be submitted with the application for a General Plan amendment.

Full soils report meeting Health Department requirements to be submitted with the application for a General Plan amendment.

Parc

el S

ize

(Acr

es)

6.0

or m

ore

acre

s50

Modified soils report meeting Health Department requirements to be submitted prior to the recordation of the map or application for a building permit.

Modified soils report meeting Health Department requirements to be submitted prior to the recordation of the map or application for a building permit.

Full soils report meeting Health Department requirements for each typical parcel or lot to be submitted with the application for a General Plan amendment.

Agriculture/Working Landscape Land Use Classification – Individual Onsite Sewage Disposal Systems

Table B-3: Responsibility for Demonstrating Suitable Soils for Wastewater Disposal Testing requirements for new subdivision applications.

Zone 1 Zone 2 Zone 3

Und

er 1

60 a

cres

No subdivisions permitted within the Agriculture/Working Landscape land use classification at this density.



Parc

el S

ize

(Acr

es)

160+

acr





50Rural Economic/Commercial land use classification is limited to 20 acres. Rural Economic/Recreation and Rural Economic/Resort land use classifications permit larger parcels, but are treated as a single project without regard to parcel size.


Page B-6

Natural Resource Land Use Classification – Individual Onsite Sewage Disposal Systems

Table B-4: Responsibility for Demonstrating Suitable Soils for Wastewater Disposal Testing requirements for new subdivision applications.

Zone 1 Zone 2 Zone 3 U

nder

100

acr

es Health Department staff

will determine testing requirements after site visit. (Possible deferral of testing requirement to the application for a building permit.)



Parc

el S

ize

(Acr

es)

100+

acr






Page B-7

SAFETY ELEMENT Figure B-1: 2005 Mariposa County ISO Rating Map


Page B-8

HOUSING ELEMENT Types of Manufactured Housing There are four types of manufactured homes offered on the market. These are modular homes, sectional homes, kit homes, and mobile homes. Modular, sectional, and kit homes are constructed and designed to the standards of the Uniform Building Code for set-up in California. Mobile homes are constructed to Federal standards established by the Department of Housing and Urban Development.

MODULAR HOMES Modular homes are conventional dwellings constructed entirely at a manufacturing facility. The homes are delivered, generally in halves or thirds, on a flatbed or special truck, and installed onsite on a conventional foundation system. Modular homes are designed and constructed to the same standards as a site-built dwelling.

SECTIONAL HOMES Sectional homes are similar to modular homes, except that the construction may be in quarters or more components of a dwelling. Some sectional homes are installed room-by-room. This style of dwelling lost favor in the 1980s for single-family development, but is sometimes used for commercial construction or apartments. Sectional home construction starts at a manufacturing facility and is completed onsite. A sectional house is installed on a conventional foundation.

KIT HOMES Kit homes are site-built single family homes that are designed by a home manufacturer and then shipped in pre-cut or pre-marked components to the building site. A kit house meets standards for the Uniform Building Code. It is usually intended to be an easier method for an owner-built home when the property owner has not previously constructed a dwelling. A kit house is installed on a conventional foundation.

MOBILE HOMES Mobile homes are manufactured homes that are not constructed to the standards of the Uniform Building Code, but instead meet Federally developed code requirements established by the Department of Housing and Urban Development (HUD). Mobile homes are installed on a variety of foundation systems. These include tie-downs, piers, and a modified conventional foundation. All mobile homes built after January 1, 1976 were required to meet the HUD standards. In 1974 and 1975, many mobile homes were built to the 1976 HUD standards. These homes were also awarded the appropriate seal from Housing and Urban Development. Mobile homes that do not have the HUD seal can be inspected to determine if the structure meets equivalent standards.

Manufactured Housing and Affordability JOBFORCE AND HOUSING OWNERSHIP ISSUES Mariposa County’s median household income is significantly less than the median for the State of California. This is a result of the County’s modest growth rate in both population and employment opportunities overall. Mariposa County’s growth centers on the visitor and visitor-support job market. These positions tend to pay lower wages overall and are seasonal in nature.


Page B-9

Delivering affordable housing to this major employment market is a significant challenge with contemporary building costs for new homes. An alternative to the conventional site-built single family home is to ensure adequate opportunities for installation of manufactured homes in the County. The three types of manufactured homes meeting building code standards are affordable, but for the most part become permanent constructed dwellings.

MOBILE HOMES AND OWNERSHIP OPPORTUNITIES Mobile homes offer a unique opportunity for affordability. Because this type of manufactured home is more easily relocated from one site to another, it provides an opportunity for a family to begin ownership in a less expensive home and migrate to a home meeting growing needs. State and Federal codes severely restrict the ability to expand a HUD standard mobile home. However, the structure’s mobility allows for it to be sold and relocated to other properties.

This is a statutory opportunity for all certified mobile homes. However, pre-1976 or non-HUD certified mobile homes present a different challenge. Many less expensive mobile homes were built with construction materials that have failed the test of time or safety. Typically cited are aluminum wiring, minimal venting for plumbing, unsuitable roof strength for wind and snow, and under-strength floor loading capabilities.

Over the years, more than fifty of California’s 58 counties have banned the relocation of non-certified mobile homes on private properties other than within mobile home parks. This action causes reduced prices on older mobile homes increasing the affordability factor. Mariposa County’s acceptance of non-certified mobile homes means that area families can potentially enter into ownership opportunities within the salary range of our visitor-based economy.

The debate over older mobile home installation and relocation centers on economic, emotional, and safety-based issues. Many of the older mobile homes do contain unsafe wiring and other materials. Non-certified mobile homes were generally constructed for warmer weather climates and do not incorporate roofs designed to handle Mariposan winds or snow loads. Certain minimum standards apply to relocation of non-certified mobile homes onto individual parcels of land.

If the mobile home roof design cannot be verified to meet standards for the elevation of installation, a covering called a “ramada” must be constructed over the mobile home. The ramada is built to Uniform Building Code standards for the elevation wind load and snow load.

Greatest concern centers on fire danger from the use of aluminum wiring in mobile homes. Aluminum wiring has a tendency to shrink and loose its connections. This creates an electrical arc, which has been known to cause fires in mobile homes. Older mobile homes burn quickly and intensely due to the age and type of materials used in construction. While opening opportunities for home ownership with allowances for older mobile homes, protecting the safety of residents is a critical commitment of the County. The County’s policy allowing placement of older homes on private lands is balanced with meeting safety needs as well.

Housing Inspection Other than Vacation Rentals, Mariposa County does not provide for housing inspection. The General Plan requires a Vacation Rental inspection program, resulting in adding a housing inspector to the County staff. However, the load of handling vacation rental inspections does


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not create any real opportunity for inspection of housing and enforcement of improvements to substandard housing. The current system responding to renter complaints is sustained.

Cluster Housing Revision to Title 17, Mariposa County Code, Zoning, creates opportunities to simplify cluster-housing subdivisions. “Cluster housing” in rural Mariposa County does not mean the same as it does in urban areas. The rural cluster concept permits lot size averaging so that the effective density is not exceeded. Lot sizes in Residential land use classification areas may be as small as 2.5 acres, as long as overall density remains at one dwelling unit per five acres. The General Plan also accommodates cluster housing within planning areas. However, some communities prefer to protect character issues while precluding density transfer. This policy action does not hinder availability of housing.


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AAPPENDIX PPENDIX C C FFUTURE UTURE CC ONSIDERATIONONSIDERATION

“FUTURE CONSIDERATIONS LIST” The list of future considerations is a compilation of Board of Supervisors or community-identified desires, for future consideration by the Board of Supervisors. When policy recommendations are brought forward by community members, these recommendations will be added to this list for deliberation by the Board of Supervisors during the annual General Plan review period or each time the General Plan is updated. This list is dynamic and new items will continue to be added throughout the life of the General Plan; however, items can be removed from the list at the Board’s discretion. When items are “approved” by the Board of Supervisors, they will be developed into policies and/or implementation measures and included as part of General Plan amendment process.

1. Evaluate the effectiveness of the “tripling the average daily traffic” standard in Section 5.4.02 F, Intensity of Use Standards, F(2) Traffic Generation.

2. Consider the use of “Carrying Capacity” in establishing the “minimum density” criteria for each land use classification.

3. Conduct Groundwater Studies similar to Groundwater Studies conducted in Eastern Fresno county.

4. Prepare a study that evaluates the clustering of residential units on a parcel of land based on the project parcel’s carrying capacity. The study findings may be applied in future updates of the General Plan and implementing ordinances.

5. Define the criteria to be used in evaluating new road capacity definitions.

6. New policy: New development shall pay its fair share through development impact fees.

7. Track the appropriateness of the maximum acreage in the commercial sub classification of the Rural Economic Land Use to determine if 20 acres is still appropriate or if the acreage should be reduced to 10 acres.

8. The following underlined text is to be considered for addition to the existing Implementation Measure 10-2a(3): Standards shall be developed for issuance of development permits for substandard size parcels under Williamson Act contract. Development permits shall not be issued for substandard size parcels unless they are enforceably managed with other (standard) contiguous contracted parcels under common ownership.


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9. The following underlined text is to be considered for addition to the existing Implementation Measure 10-6a(2): Review enforcement of Williamson Act provisions requiring onsite residents to be actively performing qualifying agricultural activities on all contracted property including historic parcels, and require one Williamson Act contract for each parcel or for each group of contiguous parcels that are owned and managed as one unit.

10. The goals, policies, and implementation measures listed below were removed from the 2005 Draft General Plan because they were determined by the Board of Supervisors and Planning Commission not financially feasible or would not realistically be implemented during the horizon of the General Plan. The Board of Supervisors and Planning Commission however acknowledge that these goals, policies, and implementation measures are worth retaining and therefore are preserved here for future consideration during annual General Plan reviews and/or updates. This list will be maintained on an annual basis and goals, policies, and implementation measures may be added or deleted at the request of the Board of Supervisors or Planning Commission.

GENERAL PLAN ADMINISTRATION Policy: The General Plan is the policy compendium of the Board of Supervisors.

Implementation Measure: General Plan map interpretation guideline shall be to apply the designated classification when more than fifty percent of a quarter-quarter section is shown to be within the classification. Where possible, the following shall be used as the interpreted boundary: • Roads • Quarter section • Property lines

Implementation Measure: The update to Title 17, Mariposa County Code, Zoning, shall include provisions for staff General Plan interpretations to be appealed directly to the Board of Supervisors.

Implementation Measure: The Five Year Review shall be intended to update timelines and adopt any major changes in goals and policies. The Five Year Review shall include: • Analysis of all short-term planning period projects to ensure

completion. Mariposa Planning shall recommend retention or elimination of incomplete projects; and

• Analysis of all intermediate-term planning period projects to recommend which shall be changed to the new short-term planning period, which shall be retained as intermediate term, which may be moved to long-term, and which may be eliminated; and

• Analysis of all long-term planning period projects to recommend which shall be changed to intermediate term, which shall be retained as long-term, and which may be eliminated; and

• Analysis of changes in Board policies and recommendations for


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appropriate changes in Plan goals which shall be necessary to implement the revised policies of the Board of Supervisors; and

• Population projections and trends to ensure the Plan continues to accommodate an appropriate inventory of undeveloped land for future populations.

LAND USE

Goal: Maintain a land use pattern that preserves the County’s scenic character. Policy: Land use designations shall be compatible with the preservation of scenic character

while providing for the orderly development of the County.

Policy: County populations not located in or near planning areas shall have opportunities for locally-oriented commercial services available.

Implementation Measure: During the short-term planning period, revise Title 17 of the Mariposa County Code, Zoning to include a Rural Commercial zoning district using this or a similar name.

ECONOMIC DEVELOPMENT

Goal: Provide additional services to the County’s residents creating new employment opportunities by improving the local economy.

Policy: Enable creation of new local businesses.

Policy: Develop the training and infrastructure necessary for economic diversification.

Policy: Implement active programs designed to strengthen and diversify the core local economy that provides goods and services to local residents.

Policy: Provide opportunities for maintaining compatible businesses in the home.

Policy: Each Planning Area shall identify a fair share of land for the relocation of growing Home Enterprises and Rural Home Industries.

Implementation Measure: During the short-term planning period, the Board of Supervisors shall appoint an Economic Development Director and provide the Director with appropriate staff and operating budget.

Implementation Measure: The Economic Development Department or Division shall serve the Board of Supervisors and be advised by a County Economic Development Commission appointed by the Board of Supervisors.

Implementation Measure: The Board of Supervisors shall implement the economic development strategic plan within each year’s budget.

Implementation Measure: During the short-term planning period, the County shall assist in creating an economic development inventory and business database designed to provide information to facilitate the establishment and expansion of businesses in the County.

Implementation Measure: During the short-term planning period, the County shall join in the creation of a Business Development Center.

Implementation Measure: As part of its economic development function, the County shall participate in State and Federal programs which return a


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measurable benefit to the County’s Economic Development Strategic Plan.

Implementation Measure: Collaborate with Mariposa County Unified School District, community college districts, universities and other agencies to create a flexible and responsive workforce development and training programs meeting long-range employment needs in the County’s target markets.

Implementation Measure: During the intermediate-term planning period define, plan, and begin implementation of the infrastructure identified in the County’s Economic Development Strategic Plan, and the Capital Improvement Program needed for economic diversification.

Implementation Measure: Beginning in the intermediate-term planning period, continue the development of infrastructure and make investment needed to provide for new and expanded business opportunities.

Implementation Measure): During the short-term planning period assist the tourism industry in establishing an employee-training center for all aspects of hospitality employment and management.

Implementation Measure: Use the County’s business retention and attraction program to support the growth of businesses, including retail, personal and business services, and health care, which would provide a wider range of goods and services to County residents.

Implementation Measure: Assist the local business community in implementing a “Shop Mariposa” program and other promotional efforts designed to retain more of the County’s spending for goods and services.

Implementation Measure: Home Offices shall be an accessory use in all residential zoning districts, subject to the following standards: • The business is designed to provide a service primarily delivered

to the customer at another location. • No additional signage, other than that permitted for the

residential use, shall be allowed. • No additional parking shall be provided solely for the use of the

business. • No more than one outside-the-household employee is permitted.

Implementation Measure: Home Enterprises shall be an accessory use on parcels of 2.5 acres or more of gross land area, subject to the following standards: • If the business has the potential to triple the traffic generation

standard of the single family dwelling (from 7.5 to 22.5 average daily trips), a discretionary permit is required.

• No more than one outside-the-household employee is permitted. Implementation Measure: Rural Home Industries shall be a discretionary accessory use

requiring approval of a use permit prior to initiation on parcels of 5.0 acres or more in the Residential land use classification. Not more than three outside-the-family employees are permitted.

Implementation Measure: Rural Home Industries shall be an accessory use on lands within the Agricultural/Working Landscape and Natural Resources land use classifications.


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Implementation Measure: Each Area Plan shall define the nature of businesses in the home allowed in various land use classifications.

Implementation Measure: In the short term, the County shall amend Title 17, Mariposa County Code, Zoning to define precise performance standards for businesses in the home.

Implementation Measure: All Planning Areas—except Wawona and Fish Camp—shall provide for lands that may be classified and zoned to accommodate the relocation of Home Enterprises and Rural Home Industries. The acreage encompassing a “fair share” shall be determined by the Planning Agency when preparation of the Area Plan is initiated. The Planning Advisory Committee shall recommend the location(s) for the lands to be classified.

Implementation Measure: During the short-term and intermediate-term planning period actively work to develop wireless communication facilities and service to cover the entire County.

Implementation Measure: During the short-term planning period, if any telecommunications provider is unwilling to cooperate or participate in an intermediate- and long-term program to bring high speed telecommunications into the County, officially contact the appropriate regulatory agency to seeking assistance or intervention in attaining County goals.

Implementation Measure: Implement actions to attract the “spin-off” businesses in the County’s business retention and attraction program and in provision of infrastructure.

ARTS AND CULTURE Implementation Measure: The ordinance creating the Cultural Arts Commission shall

include, and not be limited to, the following tasks: • create public awareness program, • prepare and recommend for adoption, a County Arts Plan, • recommend policies for soliciting, accepting, and displaying

public art, including themes and sites for public art, • create and maintain an inventory of public art, • develop programs and propose sources for funding the Arts, and • determine the needs for and recommend sites for capital facilities

necessary for the advancement of cultural and performing arts. Implementation Measure: During the short-term planning period, the County shall

allocate County personnel and financial resources assisting community-based organizations to market and promote their arts and culture events.

Implementation Measure: During the intermediate-term planning period, the County should consider constructing and operating a County cultural and performing arts center.

HOUSING


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Goal: Increase affordable housing ownership opportunities with manufactured housing.

Policy: Encourage the use of manufactured housing to provide ownership opportunities meeting Jobforce housing needs.

Policy: Permit installation of safe, non-certified mobile homes meeting HCD CCR Title 25 standards.

Policy: Ensure that all development within the Rural Economic/Resort land use subclassification provides adequate housing for its employees. If adequate housing is not available within the local community, the resort development will provide such housing within the project.

Implementation Measure: The County shall enact no ordinances or standards that preclude installation of manufactured housing on individual parcels of land in the County.

Implementation Measure: Prior to the issuance of a building permit to move or install a non-HUD certified mobile home, the approved certificate of inspection from the Department of Housing and Community Development shall be obtained. Mariposa County building permits shall only be issued for installation of mobile homes on individual lots or parcels when the mobile home meets one of the two following standards: • Certified mobile homes:

o The mobile home is constructed to the standards of the United States Department of Housing and Urban Development or meets equivalent certification standards, and

o The mobile home meeting certification standards shall be taxed as real property, or

• Non-HUD certified mobile homes: o The mobile home shall meet appropriate roof load

requirements for the elevation of installation by either its manufacturing design or by covering the mobile home with a ramada constructed to the standards of the Uniform Building Code, and

o The mobile home shall be inspected and an approved certificate issued by the Department of Housing and Community Development shall be filed with the Building Department, and

o The mobile home shall incorporate a safe electrical system with the certification provided by a professional appropriately licensed in the State of California to provide this service, and

o The mobile home shall be taxed as real property.


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CIRCULATION, INFRASTRUCTURE, AND SERVICES Policy: Expand the economic value of the airport.

Implementation Measure: The County shall maintain a traffic model to project traffic volume and calculate road capacity.

Implementation Measure: Road improvements required to increase capacity when necessary for a project shall increase capacity as needed on all roads from the project site to the nearest major collector, County arterial, or State Highway.

Implementation Measure: During the short-term planning period (January 2006 – January 2011), prepare an Airport Special Plan encompassing the Airport Master Plan and areas within the Mariposa Town Planning Area to provide sites for business and industry surrounding the airport.

AGRICULTURE Policy: Maintain a database of agricultural lands and products providing information,

tracking trends, and seeking opportunities.

Policy: Cooperate and assist in the preservation of agriculture lands.

Implementation Measure: During the short-term planning period, develop and maintain an inventory of agricultural lands and products as support to economic development strategies and program implementation.

Implementation Measure: Information in the agriculture database shall be utilized as part of the findings for General Plan amendments and updates.

Implementation Measure: As an ongoing project, the County shall utilize collaborative planning efforts to determine local efforts eradicating invasive species.

Implementation Measures: During the short-term planning period, the Resource Conservation District shall prepare and maintain a catalogue of private and public organizations interested in the purchase of land or easements for the preservation and maintenance of agriculture or habitat lands.

CONSERVATION AND OPEN SPACE

Goal: Provide for the sustainable development of timber resources. Policy: Make the Mariposa County Water Agency an active, viable entity.

Policy: Protect commercially valuable timberland from conversion to non-timber related uses.

Policy: Maintain and enhance sustainable production of timber.

Implementation Measure: Enforce the County Grading Ordinance for erosion control on all development projects.

Implementation Measure: Enforce the County’s regulations concerning installation and maintenance of private wastewater disposal systems.


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Areas identified as having septic system constraints shall be required to have specially designed wastewater treatment systems.

Implementation Measure: Require that all development use pervious paving material whenever feasible to reduce surface water runoff and aid in groundwater recharge.

Implementation Measure: During the short-term planning period, the County shall request the California State Geologic Survey Board to authorize and complete the “Mariposa County State Classification Report.”

Implementation Measure: Define the minimum performance standards that shall set minimum land area for mineral resource projects to be based on the types of operations and the land use classification.

Implementation Measure: Landscaping standards within the County Code shall require the use of site-appropriate native plant species.

Implementation Measure: During the short-term planning period, the County shall develop and enforce standards to reduce or eradicate invasive species affecting the agricultural and natural ecosystems.

Implementation Measure: Commercially valuable timberland shall be within the Agriculture/Working Landscape land use classification.

Implementation Measure: Use the current State Board of Forestry Practice Rules to accomplish sustainable production of timber.

LOCAL RECREATION Implementation Measure: Acquire and develop park and recreation facilities. Implementation Measure: During the budget planning process, the Public Works

Department shall prepare a report to the Parks and Recreation Advisory Committee identifying areas of the County in which new park facilities are required to maintain the service level.

Implementation Measure: The Board of Supervisors shall approve projects to achieve service levels within a five-year rolling period from the time the need is identified. A change in population of 25 percent or more is required to assess the service levels in an area of the County. The population is to be estimated based on number of residential building permits issued during a given year.

Implementation Measure: The Parks and Recreation Master Plan shall be reviewed every five years and updated to reflect changes in community values and County development.

Implementation Measure: The Parks and Recreation Master Plan shall include projections of fiscal needs and revenue sources for the operations, maintenance, and program implementation identified over short-, intermediate-, and long-term planning periods.

REGIONAL TOURISM Implementation Measure: During the short- and intermediate-term planning

period, create and install all the required signage to match other promotional activities and site identification.

Implementation Measure: Identify sites and develop locations for satellite visitor


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centers at other County gateways, including Coulterville, Fish Camp, and within Yosemite National Park.

HISTORIC AND CULTURAL RESOURCES Implementation Measure: As part of the reorganization this Historic Sites and

Records Preservation Commission shall be renamed the Mariposa County “Historic Preservation Commission.”

Implementation Measure: By the conclusion of the intermediate-term planning period, the County shall convert and maintain a comprehensive digital imagery database of its official records, both contemporary and historic.

Implementation Measure: During the short-term planning period, the County shall initiate a mandatory digital imagery document management system for all memorialization of all current official records and documents.

Implementation Measure: Sites and structures on the Mariposa County Register of Historic Places, in a Historic District, or Main Street District shall be offered the maximum allowable special property tax valuation and federal tax incentives for restoration or renovation of the historic structure.

Implementation Measure: During the intermediate term planning period, the County shall establish a low interest revolving loan fund to finance repair and renovation of privately owned historic structures.

Implementation Measure: The Uniform Code of Building Conservation shall be used to provide alternative building regulations for the rehabilitation, preservation, restoration (including related reconstruction), or relocation of buildings or structures listed on the Historic Resources Inventory, or which have reached 50 years of age.

Implementation Measure: During the short-term planning period, the County shall develop and adopt an ordinance establishing penalties for acts of vandalism of historic and archaeological resources on County lands.

Implementation Measure: The County shall implement the CEQA process to establish procedures for Native American review of proposed projects.

NOISE Implementation Measure: During the short-term planning period, the County

shall enact a Noise Ordinance to be enforced by the Health Department. At a minimum, the ordinance shall include: • Prohibition on the non-emergency use of truck “Jake Brakes” on

roadways adjacent to residential uses and in planning areas;

• Noise control within new residential developments through project design;

• Prohibition on the use of noise barriers as mitigation when other alternatives are feasible;


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• Requirements for a qualified acoustical consultant who shall conduct an acoustical analysis;

• A menu of appropriate requirements for reduction of noise exposure or standards for assessing noise impacts; and

• A menu that may include of one or more of the following techniques for noise control through site design:

o Increasing the distance between the noise source and receiving use (setbacks).

o Placing structures on a project site to shield other structures or areas, to remove them from noise-impacted areas, and to prevent an increase in noise levels caused by reflections.

o Placement of outdoor activity areas on the opposite side of building facades from the noise source, or within the shielded portion of a building complex.

o Placement of walls, berms or other barriers between the noise source and the receiver.

o Locating bedrooms and other noise-sensitive rooms opposite from the noise source where interior noise levels are a primary concern.

o Patios or balconies of apartment complexes or multifamily dwellings shall be placed on the side of a building opposite the noise source. “Wing walls” can also be added to buildings or patios. When such noise reduction measures are impractical or infeasible, the County may decide not to apply the exterior noise level requirements at some or all of the patio or balcony areas if a central courtyard is provided as a primary outdoor activity area.

Implementation Measure: Construction equipment shall be equipped with proper muffler systems and shall be in good working order.

Implementation Measure: The County should implement noise performance standards (Table C-1) to ensure that new noise-sensitive land uses are not exposed to excessive noise from nearby non-transportation noise sources, and to ensure that new noise-generating land uses do not create noise levels exceeding adopted standards as measured from nearby noise sensitive land uses.

Table C-1: Noise Performance Standards for Non-Transportation Noise Sources Noise Level Descriptor

Daytime (7 a.m. to 10 p.m.)

Nighttime (10 p.m. to 7 a.m.)

Hourly Leq, dB 55 45 Notes:

A. Each of the noise levels specified above shall be lowered by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises (e.g., humming sounds, outdoor speaker systems).


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These noise level standards do not apply to residential units established in conjunction with industrial or commercial uses (e.g., caretaker dwellings). The County can impose noise level standards that are more restrictive than those specified above based upon determination of existing low ambient noise levels. In rural areas where large lots exist, the exterior noise level standard may be applied at a point 100 feet away from the residence. Industrial, light industrial, commercial and public service facilities which have the potential for producing objectionable noise levels at nearby noise-sensitive uses are dispersed throughout the County. Fixed noise sources that are typically of concern include, but are not limited to the following: HVAC System, Cooling, Towers/Evaporative Condensers, Pump Stations, Lift Stations, Emergency Generators, Boilers, Steam Valves, Steam Turbines, Generators, Fans, Air Compressors, Heavy Equipment, Conveyor Systems, Transformers, Pile Drivers, Grinders, Drill Rigs, Gas or Diesel Motors, Welders, Cutting Equipment, Outdoor Speakers, Blowers.

B. The types of uses which may typically produce the noise sources described above include but are not limited to: industrial facilities including lumber mills, trucking operations, tire shops, auto maintenance shops, metal fabricating shops, shopping centers, drive-up windows, car washes, loading docks, public works projects, batch plants, bottling and canning plants, recycling centers, electric generating stations, race tracks, landfills, sand and gravel operations, and athletic fields.

Implementation Measure: New development of noise-sensitive land uses shall not be permitted in areas exposed to existing or projected levels of noise from transportation noise sources which exceed the levels specified in Table D-2 unless the project design includes effective mitigation measures to reduce exterior noise and noise levels in interior spaces to the levels specified Table C-2.

Table C-2: Maximum Allowable Noise Exposure – Transportation Noise Sources Interior Spaces

Land Use Outdoor Activity Areas, Ldn/CNEL, dB Ldn/CNEL, dB Leq, dB

Residential 60 45 -- Transient Lodging 60 45 -- Hospitals, Nursing Homes 60 45 -- Theaters, Auditoriums, Music Halls -- -- 35

Churches, Meeting Halls 60 -- 40 Office Buildings -- -- 45 Schools, Libraries, Museums -- -- 45

Playgrounds, Neighborhood Parks 65 -- --

Notes: A. Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be

applied to the property line of the receiving land use. Where it is not practical to mitigate exterior noise levels at patio or balconies of apartment complexes, a common area such as a pool or recreation area may be designated as the outdoor activity area.

B. As determined for a typical worst-case hour during periods of use. C. Where it is not possible to reduce noise in outdoor activity areas to 60 dB Ldn/CNEL or less using

a practical application of the best-available noise reduction measures, an exterior noise level of up to 65 dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table. In the case of hotel/motel facilities or other transient lodging, outdoor activity areas such as pool areas may not be included in the project design. In these cases, only the interior noise level criterion will apply.

SAFETY


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Policy: New construction shall use fire-safe practices.

Implementation Measure: During the short-term planning period revise the County Subdivision code to incorporate comprehensive fire prevention and protection standards.

Implementation Measure: During the short-term planning period, adopt comprehensive site development review standards incorporating fire prevention and protection standards.

Implementation Measure: Require new construction to incorporate design and materials to increase fire resistance conforming to California fire-safe practices.

Implementation Measure: During the short-term planning period and each update of the General Plan, review and amend as necessary, the County building codes to incorporate design and construction materials consistent with Fire Safe practices.

Implementation Measure: No subdivision shall be presented to the Planning Commission without review and recommendations from the Fire Department.

Implementation Measure: Adopt and implement the most recent Uniform Fire Codes and supplements for project standards as revisions become available.

Implementation Measure: During the short-term planning period, the County shall enact an ordinance for fuel load management on private property, including provisions to require owners of undeveloped lands within the urban-wildland interface to manage fuel loads.

Implementation Measure: Cooperate with the California Department of Forestry and Fire Protection in implementing fuel reduction programs.

Implementation Measure: During the short-term planning period, and in cooperation with the California Department of Forestry and Fire Protection, create a Mariposa County Guidelines for the Implementation of Fire Safe Standards identified in 14 CCR §1270 et seq.

Implementation Measure: During the short-term planning period, adopt a comprehensive County Flood Protection Ordinance substantially meeting the requirements of the National Flood Insurance Program (NFIP) balanced with local needs. The ordinance shall include, at a minimum: • Prohibition on the construction of any non-flood-proof habitable

residential structures within in the designated floodway.

• Limit uses in the flood fringe to those that conform to requirements and objectives of FEMA and the National Flood Insurance Program (NFIP), unless appropriate mitigations are incorporated into site design and construction.

• Require any essential public facilities located in a flood hazard area to be designed to avoid inundation of structures or access by floodwaters.

• New construction in flood hazard areas shall have minimal


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obstruction to flood waters and no increases to flood depth or velocities in excess of levels within FEMA guidelines.

• Prohibit the location of potential pathogenic and toxic sources or hazardous facilities such as sanitary landfills, chemical storage, and petroleum storage facilities within flood hazard areas.

Implementation Measure: The revisions to Title 17, Mariposa County Code, Zoning shall include a flood overlay district in the County Zoning Ordinance based upon the FEMA flood hazard maps, including use regulations coordinated with the Flood Protection Ordinance.

Implementation Measure: Maintain enforcement of Mariposa County Code Title 15, Building, grading requirements.

Implementation Measure: All bridges, roads and fills shall be designed to preserve free natural drainage.

Implementation Measure: Continue enforcing the County grading code ensuring site preparation, road construction, and removal of vegetation standards.

Implementation Measure: Subdivisions in high-risk geologic hazard areas shall be reviewed as to possible risks.

Implementation Measure: Development of critical facilities such as hospitals, fire houses, schools, water, electrical or other utility services, etc. will be discouraged in areas identified as geologic hazard areas unless engineering studies indicate that risk can be minimized or eliminated through design and construction techniques.

Implementation Measure: Development of hazardous facilities or sources of potentially pathogenic or toxic substances, such as sanitary landfills, chemical storage facilities, and petroleum storage facilities, shall be prohibited in geologic hazard areas.

Implementation Measure: Amend Title 16 of the Mariposa County Code, Subdivisions, to require subdivisions adjoining fault lines to identify seismic risk zones onsite.


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AAPPENDIX PPENDIX D D GGUIDANCE FOR THE UIDANCE FOR THE II NTERPRETATION OF NTERPRETATION OF THE THE GGENERAL ENERAL PPLANLAN

The Guidance for the Interpretation of the General Plan will be developed by the Board of Supervisors and Planning Commission after final General Plan adoption. This guidance will act as a “how-to manual” with recommendations on the interpretation of the General Plan and will be utilized throughout the life of the Plan to guide how the General Plan’s goals, policies, and implementation measures will be implemented.


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HOUSING ELEMENT Types of Manufactured Housing There are four types of manufactured homes offered on the market. These are modular homes, sectional homes, kit homes, and mobile homes. Modular, sectional, and kit homes are constructed and designed to the standards of the Uniform Building Code for set-up in California. Mobile homes are constructed to Federal standards established by the Department of Housing and Urban Development.

MODULAR HOMES Modular homes are conventional dwellings constructed entirely at a manufacturing facility. The homes are delivered, generally in halves or thirds, on a flatbed or special truck, and installed onsite on a conventional foundation system. Modular homes are designed and constructed to the same standards as a site-built dwelling.

SECTIONAL HOMES Sectional homes are similar to modular homes, except that the construction may be in quarters or more components of a dwelling. Some sectional homes are installed room-by-room. This style of dwelling lost favor in the 1980s for single-family development, but is sometimes used for commercial construction or apartments. Sectional home construction starts at a manufacturing facility and is completed onsite. A sectional house is installed on a conventional foundation.

KIT HOMES Kit homes are site-built single family homes that are designed by a home manufacturer and then shipped in pre-cut or pre-marked components to the building site. A kit house meets standards for the Uniform Building Code. It is usually intended to be an easier method for an owner-built home when the property owner has not previously constructed a dwelling. A kit house is installed on a conventional foundation.

MOBILE HOMES Mobile homes are manufactured homes that are not constructed to the standards of the Uniform Building Code, but instead meet Federally developed code requirements established by the Department of Housing and Urban Development (HUD). Mobile homes are installed on a variety of foundation systems. These include tie-downs, piers, and a modified conventional foundation. All mobile homes built after January 1, 1976 were required to meet the HUD standards. In 1974 and 1975, many mobile homes were built to the 1976 HUD standards. These homes were also awarded the appropriate seal from Housing and Urban Development. Mobile homes that do not have the HUD seal can be inspected to determine if the structure meets equivalent standards.

Manufactured Housing and Affordability JOBFORCE AND HOUSING OWNERSHIP ISSUES Mariposa County’s median household income is significantly less than the median for the State of California. This is a result of the County’s modest growth rate in both population and employment opportunities overall. Mariposa County’s growth centers on the visitor and visitor-support job market. These positions tend to pay lower wages overall and are seasonal in nature.


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Delivering affordable housing to this major employment market is a significant challenge with contemporary building costs for new homes. An alternative to the conventional site-built single family home is to ensure adequate opportunities for installation of manufactured homes in the County. The three types of manufactured homes meeting building code standards are affordable, but for the most part become permanent constructed dwellings.

MOBILE HOMES AND OWNERSHIP OPPORTUNITIES Mobile homes offer a unique opportunity for affordability. Because this type of manufactured home is more easily relocated from one site to another, it provides an opportunity for a family to begin ownership in a less expensive home and migrate to a home meeting growing needs. State and Federal codes severely restrict the ability to expand a HUD standard mobile home. However, the structure’s mobility allows for it to be sold and relocated to other properties.

This is a statutory opportunity for all certified mobile homes. However, pre-1976 or non-HUD certified mobile homes present a different challenge. Many less expensive mobile homes were built with construction materials that have failed the test of time or safety. Typically cited are aluminum wiring, minimal venting for plumbing, unsuitable roof strength for wind and snow, and under-strength floor loading capabilities.

Over the years, more than fifty of California’s 58 counties have banned the relocation of non-certified mobile homes on private properties other than within mobile home parks. This action causes reduced prices on older mobile homes increasing the affordability factor. Mariposa County’s acceptance of non-certified mobile homes means that area families can potentially enter into ownership opportunities within the salary range of our visitor-based economy.

The debate over older mobile home installation and relocation centers on economic, emotional, and safety-based issues. Many of the older mobile homes do contain unsafe wiring and other materials. Non-certified mobile homes were generally constructed for warmer weather climates and do not incorporate roofs designed to handle Mariposan winds or snow loads. Certain minimum standards apply to relocation of non-certified mobile homes onto individual parcels of land.

If the mobile home roof design cannot be verified to meet standards for the elevation of installation, a covering called a “ramada” must be constructed over the mobile home. The ramada is built to Uniform Building Code standards for the elevation wind load and snow load.

Greatest concern centers on fire danger from the use of aluminum wiring in mobile homes. Aluminum wiring has a tendency to shrink and loose its connections. This creates an electrical arc, which has been known to cause fires in mobile homes. Older mobile homes burn quickly and intensely due to the age and type of materials used in construction. While opening opportunities for home ownership with allowances for older mobile homes, protecting the safety of residents is a critical commitment of the County. The County’s policy allowing placement of older homes on private lands is balanced with meeting safety needs as well.

Housing Inspection Other than Vacation Rentals, Mariposa County does not provide for housing inspection. The General Plan requires a Vacation Rental inspection program, resulting in adding a housing inspector to the County staff. However, the load of handling vacation rental inspections does


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not create any real opportunity for inspection of housing and enforcement of improvements to substandard housing. The current system responding to renter complaints is sustained.

Cluster Housing Revision to Title 17, Mariposa County Code, Zoning, creates opportunities to simplify cluster-housing subdivisions. “Cluster housing” in rural Mariposa County does not mean the same as it does in urban areas. The rural cluster concept permits lot size averaging so that the effective density is not exceeded. Lot sizes in Residential land use classification areas may be as small as 2.5 acres, as long as overall density remains at one dwelling unit per five acres. The General Plan also accommodates cluster housing within planning areas. However, some communities prefer to protect character issues while precluding density transfer. This policy action does not hinder availability of housing.


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AAPPENDIPPENDIX X C C FFUTURE UTURE CC ONSIDERATIONONSIDERATION

“FUTURE CONSIDERATIONS LIST” The list of future considerations is a compilation of Board of Supervisors or community-identified desires, for future consideration by the Board of Supervisors. When policy recommendations are brought forward by community members, these recommendations will be added to this list for deliberation by the Board of Supervisors during the annual General Plan review period or each time the General Plan is updated. This list is dynamic and new items will continue to be added throughout the life of the General Plan; however, items can be removed from the list at the Board’s discretion. When items are “approved” by the Board of Supervisors, they will be developed into policies and/or implementation measures and included as part of General Plan amendment process.

1. Evaluate the effectiveness of the “tripling the average daily traffic” standard in Section 5.4.02 F, Intensity of Use Standards, F(2) Traffic Generation.

2. Consider the use of “Carrying Capacity” in establishing the “minimum density” criteria for each land use classification.

3. Conduct Groundwater Studies similar to Groundwater Studies conducted in Eastern Fresno county.

4. Prepare a study that evaluates the clustering of residential units on a parcel of land based on the project parcel’s carrying capacity. The study findings may be applied in future updates of the General Plan and implementing ordinances.

5. Define the criteria to be used in evaluating new road capacity definitions.

6. New policy: New development shall pay its fair share through development impact fees.

7. Track the appropriateness of the maximum acreage in the commercial sub classification of the Rural Economic Land Use to determine if 20 acres is still appropriate or if the acreage should be reduced to 10 acres.

8. The following underlined text is to be considered for addition to the existing Implementation Measure 10-2a(3): Standards shall be developed for issuance of development permits for substandard size parcels under Williamson Act contract. Development permits shall not be issued for substandard size parcels unless they are enforceably managed with other (standard) contiguous contracted parcels under common ownership.