Mariposa County AGENDA of the Planning Commission

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1 Mariposa County AGENDA of the Planning Commission Vacant Mark. Becker Mick Herman, Chair Larry Harris John McCamman District I District II District III District IV District V MEETING DATE: February 8, 2019 TIME: 9:00 AM LOCATION: Board Chambers Mariposa County Government Center 5100 Bullion treet, econd Floor, Mariposa, CA Public Comment on Non-Agenda Items: The law provides the opportunity for the public to be heard on any item within the subject matter jurisdiction of the Commission, either before or during consideration of an item. For items on the agenda, this will be at the time the item is called by the Chair. For all other items, the public comment time at the start of each meeting is appropriate. peakers are limited to five minutes. PLEAE ILENCE CELL PHONE. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MINUTE APPROVAL A. Planning Commission Regular Meeting December 7, :00 AM 4. ACTION ITEM A. election of Planning Commission Chair and Planning Commission Vice Chair for 2019 Planner: arah Williams B. election of Planning Commissioner Ex Officio Member of the Agricultural Advisory Committee for 2019 Planner: arah Williams C. election of Planning Commission ecretary for 2019 Planner: arah Williams 5. REOLUTION A. PUBLIC HEARING: Resolution Approving Time Extension (For LDA ) with Findings, Including a Finding that the Project is Exempt from Further Environmental Review; Thomas and Brenda Archibald, Applicants. APN , 4877 Morning tar Lane, Mariposa Planner: Jessica Carey 5100 BULLION TREET P.O. BOX 2039 MARIPOA, CALIFORNIA FAX

2 B. PUBLIC HEARING: Resolution Approving Time Extension No (For CUP No ) with Findings, Including a Finding that No ubsequent Environmental Review is Necessary Pursuant to tate CEQA Guidelines ection ; Lynn Ferry, Applicant. APN , 8651 Bull Creek Road, Coulterville. Planner: Alvaro Arias 6. INFORMATION ITEM A Residential Transient Occupancy Facility Annual elf-report ummary B. Planning Commission Training: Role of the Planning Commission within the Planning Agency 7. PUBLIC HEARING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the ecretary of the Planning Commission at the contact information shown on this agenda.

3 Mariposa County MINUTE of the Planning Commission 3.A ACTION UMMARY MINUTE MEETING DATE: December 7, 2018 TIME: 9:00 AM LOCATION: Board Chambers Mariposa County Government Center 5100 Bullion treet, econd Floor, Mariposa, CA CALL TO ORDER Attendee Name Title tatus Arrived Mark Becker District II Planning Commissioner Present 8:56 AM Mick Herman District III Planning Commissioner Present 8:56 AM Larry Harris District IV Planning Commissioner Present 8:56 AM John McCamman District V Planning Commissioner Present 8:56 AM 2. PLEDGE OF ALLEGIANCE 3. MINUTE APPROVAL A. Planning Commission Regular Meeting October 19, :00 AM 4. PUBLIC ADDRE 5. ACTION ITEM A. Resolution Recognizing Renea Kennec for Her ervice on the Mariposa County Planning Commission 2018-PCRE-18 Planner: arah Williams REULT: ADOPTED [UNANIMOU] MOVER: John McCamman, District V Planning Commissioner ECONDER: Larry Harris, District IV Planning Commissioner AYE: Mark Becker, Mick Herman, Larry Harris, John McCamman B. Resolution Recognizing Vince Kehoe for His ervice on the Mariposa County Planning Commission 2018-PCRE-17 Planner: arah Williams Minutes Acceptance: Minutes of Dec 7, :00 AM (Minutes Approval) 5100 BULLION TREET P.O. BOX 2039 MARIPOA, CALIFORNIA FAX Packet Pg. 3

4 3.A REULT: ADOPTED [UNANIMOU] MOVER: John McCamman, District V Planning Commissioner ECONDER: Larry Harris, District IV Planning Commissioner AYE: Mark Becker, Mick Herman, Larry Harris, John McCamman C Calendar Dates for Planning Commission Meetings 2018-PCRE- 19 Planner: arah Williams REULT: ADOPTED [UNANIMOU] MOVER: Larry Harris, District IV Planning Commissioner ECONDER: John McCamman, District V Planning Commissioner AYE: Mark Becker, Mick Herman, Larry Harris, John McCamman 6. PUBLIC HEARING A. Public Hearing: Resolution Approving Land Division Application No with the Recommended Findings and Conditions Including a Finding the Project is Exempt from Environmental Review. Project ite is Located at 4568 and 4570 Highway 49 outh in Mariposa. APN ; Heath and Kelly Harris, Applicants PCRE-20 Planner: arah Williams REULT: ADOPTED [3 TO 0] MOVER: John McCamman, District V Planning Commissioner ECONDER: Mark Becker, District II Planning Commissioner AYE: Mark Becker, Mick Herman, John McCamman RECUED: Larry Harris B. Public Hearing: Resolution Recommending the Board of upervisors Approve General Plan Zoning Amendment No and Amended Conditions No (Amending CIM Plan No ) (Yosemite Ridge Resort) with the Recommended Findings and Conditions, Including a Finding the Project is Exempt from Environmental Review. Joe McGrath Applicant. Project ite is Located at 7597 Highway 120, Groveland. APN PCRE-21 Planner: arah Williams REULT: ADOPTED [UNANIMOU] MOVER: Mark Becker, District II Planning Commissioner ECONDER: John McCamman, District V Planning Commissioner AYE: Mark Becker, Mick Herman, Larry Harris, John McCamman Minutes Acceptance: Minutes of Dec 7, :00 AM (Minutes Approval) 7. PLANNING COMMIIONER INFORMATION 8. INFORMATION ITEM 9. ADJOURN. Packet Pg. 4

5 3.A Note: Full audio recordings of the minutes are available from the Planning Department by request or on line: Minutes Acceptance: Minutes of Dec 7, :00 AM (Minutes Approval) Packet Pg. 5

6 4.A MARIPOA COUNTY Planning MEETING: February 8, 2019 TO: FROM: RE: The Mariposa County Planning Commission arah Williams, Planning Director election of Chair and Vice Chair. Page 1 REF ID# 8907 Packet Pg. 6

7 4.B MARIPOA COUNTY Planning MEETING: February 8, 2019 TO: FROM: RE: The Mariposa County Planning Commission arah Williams, Planning Director election of Ex Officio for the Agriculture Advisory Committee.. Page 1 REF ID# 8909 Packet Pg. 7

8 4.C MARIPOA COUNTY Planning MEETING: February 8, 2019 TO: FROM: RE: The Mariposa County Planning Commission arah Williams, Planning Director election of ecretary.. Page 1 REF ID# 8908 Packet Pg. 8

9 5.A MARIPOA COUNTY Planning Commission MEETING: February 8, 2019 TO: FROM: The Mariposa County Planning Commission arah Williams, Planning Director RE: Time Extension PUBLIC HEARING: Resolution Approving Time Extension (for LDA ) with Findings, Including a Finding that the Project is Exempt from Further Environmental Review; Thomas and Brenda Archibald, Applicants. APN , 4877 Morning tar Lane, Mariposa. ee taff Report for additional information and justification. ee Attached ATTACHMENT: taff Report (PDF) Vicinity Map (PDF) Resolution (PDF) Draft Resolution for Approval of Time Extension (DOCX) NOE (PDF) Approved Tentative Map 8x11 (PDF) Page 1 REF ID# 8864 Packet Pg. 9

10 5.A.A MARIPOA PLANNING TAFF REPORT From: arah Williams, Planning Director Prepared By: Jessica Carey, Assistant Planner Planning Commission Meeting Date: February 8 th 2019 PROJECT: Time Extension No proposes a 2-year time extension for Land Division Application LOCATION: APPLICANT: The project is located at 4877 Morning tar Lane, Mariposa, Assessor Parcel Number: ( acres+/-) Thomas and Brenda Archibald NOTICING: Gazette Ad: January 24 th 2019 Mailed Notice: January 18 th 2019 Posted Notice: January 18 th 2019 COMMIION ACTION Project Description taff recommends the Planning Commission adopt a resolution approving Time Extension with findings, including a finding that the project is exempt from further environmental review. The application is a 2 year time extension request for more time in order to complete the conditions of approval so that the parcel map can be recorded. Previous actions include: February 8, Planning Commission adopted Resolution No finding the project to be exempt from environmental review and approving Land Division Application No with findings and conditions for applicants Thomas and Brenda Archibald. The project approved the division of one acre parcel into two parcels of approximately and 5.0 acres each. Attachment: taff Report (8864 : Time Extension ) Basis for Request Per Government Code ection , the applicant has thirty six (36) months from the original date of approval in which to complete project conditions and submit the final map. Land Division Application No was approved on February 8, Therefore, this approval was set to expire on February 8, There were four bills then signed into law by the Governor which further extended the time by which the applicant had to complete the Minor ubdivision: Packet Pg. 10

11 5.A.A Time Extension Planning Commission Hearing February 8, 2019 Thomas and Brenda Archibald, applicant On July 15, 2009, Assembly Bill 333 (AB-333) extended the original approval date of February 8, 2011 to February 8, On July 15, 2011, Assembly Bill 208 (AB-208), the expiration date for this project was extended by another two years, from February 8, 2013 to February 8, On July 11, 2013, Assembly Bill 116 (AB-116), the expiration date for this project was extended by another two years, from February 8, 2015 to February 8, On October 10, 2015 Assembly Bill 1303 (AB-1303) extended the expiration date of parcel maps for Land Divisions approved on or after January 1, 2002, and not later than July 11, 2013, by two years. Therefore, this project s expiration date of 2/8/2017 was extended to 2/8/2019. The applicant has requested the extension in order to have more time to meet the conditions of approval and record the final map. Per California Government Code ection , an applicant can have the expiration of an approved or conditionally approved tentative map extended, for a period not exceeding a total of six (6) years (automatic extensions not included). Environmental Review CEQA review was conducted on the original Land Division Application and a Notice of Exemption was filed at the time of Planning Commission approval of Land Division Application No Public Comment No public comment was received prior to completion of this report. ummary Recommendation taff finds the applicant s request to be reasonable, and staff supports the request by the applicant for a 2-year time extension to February 8, Attachment: taff Report (8864 : Time Extension ) If approved, the expiration of the project approval would be February 8, If the conditions of approval are not completed and the project is not fully implemented (parcel map recorded) by February 8, 2021, there are still potentially four (4) years remaining for future Planning Commission Time Extension grants. Alternative Actions The Planning Commission may: 1. Approve the applicant s original request for a 2-year time extension; or Packet Pg. 11

12 5.A.A Time Extension Planning Commission Hearing February 8, 2019 Thomas and Brenda Archibald, applicant 2. Approve a shorter time extension; or 3. Approve a longer time extension of up to six (6) years maximum; or 4. Continue the hearing and request additional information; or 5. Deny the request for time extension. a. If the Commission denies the request, there should be discussion to support findings for denial; staff will return with an amended resolution with findings based upon the Commission s discussion. Final Action The Planning Commission action is the final action on this application unless the action is appealed to the Board of upervisors within 20 calendar days from the date of the action. Any interested person may submit an appeal. ATTACHMENT: A. Vicinity Map B. Approved Tentative Map C. PC Resolution No D. Draft Resolution for Approval of Time Extension E. Notice of Exemption Attachment: taff Report (8864 : Time Extension ) Packet Pg. 12

13 Mariposa County Planning Department Project Vicinity Map 5.A.B LN. RN 4877 MORNINGTAR LN APN: Morning tar Ln C A R LE TO A L LR E RD I LVA R D. N RD. D R D. CHA F ER L AL. RE D DR RD.. I LV A ,000 Feet 1:3,600 PROJECT TYPE: Time Extension APPLICANT: Thomas and Brenda Archibald Legend 4587 Morning tar Lane 4877 APN: ITE ADDRE: Morning tar Lane Mariposa, CA Co ordinate y ste m: NAD 1983 tateplane Californ ia III FIP Fee t Da te: M ond ay, Decem ber 17, 2018 Da ta our ce: M aripos a Coun ty Pla nning De partm ent GI; Assess or's Par cel M ap Update: 02/2018 Map Cre dit: J.W. H? 12 0 Ma r ip o s a Co u n ty P la n n i n g De p a r tm e n t P O B O X B u ll i o n tr e e t Ma r ip o s a, Ca l i fo r ni a FA X ma r ip o s a pl a n n i m a ri p o sa c ou n t y.o r g ht tp ://w ww. ma r ip o s a co u n ty.o r g /p l a n n in g Ma r ip o s a C o u n t y m a k e s n o w a rr a n t y re g a r d i ng t h e a c c u r a c y o f t h e G I o r t h e a n a ly s is a n d c o n c lu s io n s r e s u lt in g f ro m u s i n g o u r G I d a t a. :\Departments\Planning\VicinityMaps\2018\TimeExtension_ mxd H? 13 2 H? 49 Mariposa H? 14 0 H? 14 0 Area of Detail H? 41! H? 49 - Packet County Pg. 13 Location in Mariposa Attachment: Vicinity Map (8864 : Time Extension ) D. MO AL L R D E R IN G T AR LN. UNRI E

14 5.A.C Attachment: Resolution (8864 : Time Extension ) Packet Pg. 14

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26 5.A.D TATE OF CALIFORNIA COUNTY OF MARIPOA PLANNING COMMIION Resolution No A resolution approving Time Extension No Thomas and Brenda Archibald, applicants. Assessor Parcel Number WHEREA, an application for Time Extension No was received on the 17 th day of December, 2018 from Thomas and Brenda Archibald for property located at 4877 Morning tar Lane, Mariposa, also known as Assessor Parcel Number ; and WHEREA, Land Division Application No was conditionally approved by the Mariposa County Planning Commission with findings and conditions including the adoption of a Notice of Exemption on the 8 th day of February, 2008 via Resolution No ; and WHEREA, the Planning Department circulated the time extension application among responsible agencies, interested public organizations, and others as appropriate; and WHEREA, a duly noticed public hearing was scheduled for the 8 th day of February, 2019; and WHEREA, a taff Report was prepared pursuant to the California Government Code, Mariposa County Code, and local administrative procedures; and WHEREA, the Planning Commission did hold a public hearing on the noticed date and considered all of the information in the public record, including the taff Report, testimony presented by the public concerning the application, and the comments of the applicant. NOW BE IT THEREFORE REOLVED THAT, the Planning Commission of the County of Mariposa does hereby find that the project is exempt from environmental review and does hereby approve Time Extension No , granting a two-year time extension for the approved tentative map for Land Division Application No from February 8, 2019 to February 8, ON MOTION BY Commissioner, seconded by Commissioner, this resolution is duly passed and adopted this 8 th day of February, 2019 by the following vote: Attachment: Draft Resolution for Approval of Time Extension (8864 : Time Extension ) AYE: NOE: Packet Pg. 26

27 5.A.D Time Extension , Thomas and Brenda Archibald, applicant. APN: February 8, Page 2 of 2 pages EXCUED: ABTAIN: Attest: Danielle Wardle, ecretary for Mariposa County Planning Commission Mick Herman, Chair Mariposa County Planning Commission Attachment: Draft Resolution for Approval of Time Extension (8864 : Time Extension ) Packet Pg. 27

28 5.A.E MARIPOA COUNTY NOTICE OF EXEMPTION TO: County Clerk, County of Mariposa FROM: Mariposa County P.O. Box 247 Planning Department Mariposa, CA P.O. Box 2039 Mariposa, CA Project Title: Time Extension No Project Location: The project location is at 4877 Morning tar Lane, Mariposa Description Of Project: Two (2) year time extension for more time in order to complete the conditions of approval so that the parcel map can be recorded. The original project, Land Division Application No was approved by the Mariposa County Planning Commission as Resolution No on February 8 th Name of Public Agency Approving Project: Mariposa County Planning Commission Name of Person Carrying Out Project: Thomas and Brenda Archibald, applicants. Exempt tatus: General Rule Exemption, ection 15061(b) 3; CEQA Guidelines. Reason Why Project Is Exempt: This project is a time extension for an already approved land division. The land division project review and site inspection of existing conditions on-site found that there was no evidence that the project, which is very limited in scope, would have any potential impacts on the environment. There is no evidence that the project would impact biological or cultural resources. There are no concerns expressed by the Department of Fish and Game on this project. The proposed project is a subdividing of one parcel into two parcels that does not require the construction of any new roads, and only minor widening work of a short segment of Allred Road is proposed. One of the existing parcels (Parcel A) is developed with a habitable residence and all appurtenant improvements. The other parcel (Parcel B) is developed and has been occupied in the past; however the existing residential and storage structures on-site are no longer in a condition which can be occupied based on neglect. Parcel B is served by an existing driveway which will be used for future redevelopment of Parcel B. The project to create one new parcel will not create significant traffic (a total of 8 ADT are theoretically created by the project). The project will not significantly impact existing roads. No drainages will be impacted by the project. No oak woodlands will be impacted by the project. The project results in the drawing of a new line and one new parcel which can be redeveloped. The project is in compliance with all County subdivision ordinances and the County General Plan. Attachment: NOE (8864 : Time Extension ) Lead Agency Contact Person: Jessica Carey, Assistant Planner Phone Number: (209) Mariposa County, Planning Department arah Williams, Planning Director Date Packet Pg. 28

29 5.A.F Attachment: Approved Tentative Map 8x11 (8864 : Time Extension ) Packet Pg. 29

30 5.B MARIPOA COUNTY Planning Commission MEETING: February 8, 2019 TO: FROM: The Mariposa County Planning Commission arah Williams, Planning Director RE: Time Extension No , Ferry (CUP No ) PUBLIC HEARING: Resolution Approving Time Extension No (for CUP No ) with Findings, Including a Finding that No ubsequent Environmental Review is Necessary Pursuant to tate CEQA Guidelines ection ; Lynn Ferry, Applicant. APN , 8651 Bull Creek Road, Coulterville. ee taff Report for additional information and justification. ee Attached ATTACHMENT: taff Report (PDF) Vicinity Map (PDF) Approved ite Plans (PDF) Planning Commission Resolution No (PDF) Draft Planning Commission Resolution for Approval (DOCX) Page 1 REF ID# 8971 Packet Pg. 30

31 5.B.a MARIPOA PLANNING TAFF REPORT From: arah Williams, Planning Director Prepared By: Alvaro Arias, Deputy Director Planning Commission Meeting Date: February 8 th 2019 PROJECT: LOCATION: APPLICANT: Time Extension No proposes an 18-month time extension for Conditional Use Permit No The project located at 8651 Bull Creek Road, Coulterville, Assessor Parcel Number: (169 acres+/-) Lynn Ferry NOTICING: Gazette Ad: January 24 th 2019 Mailed Notice: January 18 th 2019 Posted Notice: January 18 th 2019 COMMIION ACTION Project Description and Discussion taff recommends the Planning Commission adopt a resolution approving Time Extension with findings, including that no subsequent environmental review is necessary for the time extension pursuant to tate CEQA Guidelines ection The application is an 18-month time extension request for Conditional Use Permit (CUP) No The 18-month extension would allow for more time to complete the full project. Conditional Use Permit No was approved for: A Guest Ranch to educate visitors in such issues as small scale vegetable farming, sustainable timber management, traditional arts related to the farming communities in the history and stewardship of the region, and other similar activities. There are 2 proposed phases: Phase 1 is to add to the existing 2 bedroom, 1 bath house of approximately 750 sq feet creating a 4 bedroom, 3 bath house of approximately 2000 sq feet and accommodating up to 10 visitors. Gravel parking is proposed for up to 10 vehicles. The operation will run 200 days per year (or less) and serve 3 meals a day and will be primarily used during late spring through early fall. If Phase 1 is successful, Phase 2 will be implemented (all permits issued) within 6 years and will be a separate lodging facility of similar size with necessary infrastructure (up to 1,999 square feet lodge structure with a gravel parking lot) for a maximum of 10 additional guests. In addition to the owners, a maximum of 2 employees are anticipated (based on the expansion). (Approved Project Description) Attachment: taff Report (8971 : Time Extension No , Ferry (CUP No )) Packet Pg. 31

32 5.B.a Time Extension Planning Commission Hearing February 08, 2019 Lynn Ferry, applicant Pursuant to Condition No. 4 of the CUP, project approval expires on January 25, Condition No. 4 allows the applicant to request one 18-month extension. The extension request was submitted prior to approval expiration. The owner wishes to sell the property and the extension would allow a buyer more time to complete the project if they wish. The applicant met all the conditions to start operation of the Phase 1, which has been in operation for several years now. Previous actions include: January 25, Planning Commission adopted Resolution No adopting a mitigated negative declaration and approving Conditional Use Permit No with findings and conditions. Environmental Review CEQA review was conducted and a Mitigated Negative Declaration was filed at the time of Planning Commission approval of Conditional Use Permit No The project requests an extension of time for a previously approved Conditional Use Permit. Potential environmental impacts were analyzed as part of the Mitigated Negative Declaration/Initial tudy. The project (time extension) does not involve any physical changes in the environment and does not have the potential for causing a significant effect on the environment. The previously adopted Mitigated Negative Declaration/Initial tudy is sufficient and, pursuant to the tate CEQA Guidelines ection 15162, which provides the requirements for which a subsequent analysis is required, no further environmental review is required. Public Comment No public comment was received prior to completion of this report. ummary Recommendation taff supports the request by the applicant for an 18-month time extension to July 25, If approved, the expiration of the project approval would be July 25, If the conditions of approval are not completed and the project is not fully implemented by July 25, 2020, a new Conditional Use Permit application would be required for any previously approved Conditional use improvements not completed. Attachment: taff Report (8971 : Time Extension No , Ferry (CUP No )) Alternative Actions The Planning Commission may: 1. Approve the applicant s original request for an 18-month time extension; or 2. Approve a shorter time extension; or 3. Continue the hearing and request additional information; or Packet Pg. 32

33 5.B.a Time Extension Planning Commission Hearing February 08, 2019 Lynn Ferry, applicant 4. Deny the request for time extension. a. If the Commission denies the request, there should be discussion to support findings for denial; staff will return with an amended resolution with findings based upon the Commission s discussion. Final Action The Planning Commission action is the final action on this application unless the action is appealed to the Board of upervisors within 20 calendar days from the date of the action. Any interested person may submit an appeal. ATTACHMENT: A. Vicinity Map B. Approved ite Plans C. PC Resolution No D. Draft Resolution for Approval of Time Extension Attachment: taff Report (8971 : Time Extension No , Ferry (CUP No )) Packet Pg. 33

34 Mariposa County Planning Department Project Vicinity Map 8651 BULL CREEK APN: T N F 2 62 U F Y F T N F Y 2 7 T N W F F 2 E 21 Y R L A L V 3) N 5 ).. ( U D RD L IN G R F T NF 2 05 ) CH IL H F U TI M B R K UF T N NF 3 E A K F 0 IN 3 2 G A K 3 L 1 0 R OW U F T IL CR R E UF T NF L E H C LB UF T NF 1 5 U BR F U E 2 R 8 CRE E K U F T N F A H O R N F E F R ID GE 5 L OAP T O NE R 8 U 2 F RD E CK BUL NE M I R B U D. N C HI L NF T F U 4 6 AIL F U E L B A H IL L R D. (U F T EX T NF H F UEL BR E AK QU OR N N 21 TI M B RU 81 T 2 99 ) T N A N F F T N F F N TF D. (U F T 8651 Bull Creek Rd U BU CKH D 21 T NF 2 U F RD. U D OG T O W N T RD O D. F E R NT U. ( R D 66 2 DO GT O U 6 F T N F 1 U D. 2 R F L UF T U F UF T NF 2 0 3Y N R ZE N OL T T NF T H 2 27 U F NF D. 18 T NF F R U F TN F 2 U F U N O U U NF T H T N F 2 66 F A D. UF T NF UF T NF 2 11 C D 9 7 F 2 T N F U F Y F 9 2 N R F T NF T N UF U F K RD N F T KE U F N 2 T F I G RE UF T U F T NF 60 F. M TN TN F F F F CU NE O 7 U 3 D R MC RD. H ILL Y EL E U CO NV ER U T N F 10 1 F 4 3 U 2. F RD TN R U F TN F 2 UF 1 9 T N F TE X F DE U D. E R L E AD L IN G R D. U F T NF T N F R RD HO RN F UEL BR BU CK EAK H RD. N C A U F N PO DE RO LB L OM ON G UL CH E FU RD. A RE AK O BU LL CR E E K RD. ( U F O U NT AI N A C CE R D. HU T EL EG R IC EB UR ) M BR G R D. U F NT N F 4 11 H L C U. RD VA B U F F A L ER APH RD. G Y O LE 0 5 V A L 2 NF T H U N T ER L LE Y MT. B U L LI O N MO. RD R ID GE H ER RD. R. D R ANCHER IA C RE EK R. D ML E Y M IN E RU R D. 0 1,000 2,000 Feet 1:12,500 PROJECT TYPE: Time Extension Legend 8651 Bull Creek Rd APPLICANT: Lynn Ferry APN: ITE ADDRE: 8651 Bull Creek Road Co ordinate y ste m: NAD 1983 tateplane Californ ia III FIP Fee t Da te: M ond ay, Novem ber 26, 2018 Da ta our ce: M aripos a Coun ty Pla nning De partm ent GI; Area of Detail Assess or's Par cel M ap Update: 02/2018 Map Cre dit: J.W. Ma r ip o s a Co u n ty P la n n i n g De p a r tm e n t P O B O X B u ll i o n tr e e t Ma r ip o s a, Ca l i fo r ni a FA X ma r ip o s a pl a n n i m a ri p o sa c ou n t y.o r g ht tp ://w ww. ma r ip o s a co u n ty.o r g /p l a n n in g Ma r ip o s a C o u n t y m a k e s n o w a rr a n t y re g a r d i ng t h e a c c u r a c y o f t h e G I o r t h e a n a ly s is a n d c o n c lu s io n s r e s u lt in g f ro m u s i n g o u r G I d a t a. :\Departments\Planning\VicinityMaps\2018\TimeExtension_2018_231.mxd H? 12 0 H? 13 2 H? 49 Mariposa H? 14 0 H? 14 0 H? 41! H? 49 - Packet County Pg. 34 Location in Mariposa Attachment: Vicinity Map (8971 : Time Extension No , Ferry (CUP No )) 5.B.b

35 5.B.c Attachment: Approved ite Plans (8971 : Time Extension No , Ferry (CUP No )) Packet Pg. 35

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37 5.B.c Attachment: Approved ite Plans (8971 : Time Extension No , Ferry (CUP No )) Packet Pg. 37

38 5.B.d Attachment: Planning Commission Resolution No (8971 : Time Extension No , Ferry (CUP No )) Packet Pg. 38

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53 5.B.d Attachment: Planning Commission Resolution No (8971 : Time Extension No , Ferry (CUP No )) Packet Pg. 53

54 5.B.e Resolution No TATE OF CALIFORNIA COUNTY OF MARIPOA PLANNING COMMIION A resolution approving Time Extension No granting an 18-month extension to Conditional Use Permit No Lynn Ferry, applicant. Assessor Parcel Number WHEREA, an application for Time Extension No was received on the 2 nd day of November, 2018 from Lynn Ferry for property located at 8651 Bull Creek Road, Coulterville, also known as Assessor Parcel Number ; and WHEREA, Conditional Use Permit No was conditionally approved by the Mariposa County Planning Commission with findings and conditions including the adoption of a Mitigated Negative Declaration on the 25 th day of January, 2013 via Resolution No ; and WHEREA, the Planning Department circulated the time extension application among responsible agencies, interested public organizations, and others as appropriate; and WHEREA, a duly noticed public hearing was scheduled for the 8 th day of February, 2019; and WHEREA, a taff Report was prepared pursuant to the California Government Code, Mariposa County Code, and local administrative procedures; and WHEREA, the Planning Commission did hold a public hearing on the noticed date and considered all of the information in the public record, including the taff Report, testimony presented by the public concerning the application, and the comments of the applicant. NOW BE IT THEREFORE REOLVED THAT, the Planning Commission of the County of Mariposa does hereby find that no subsequent environmental review is necessary pursuant to tate CEQA Guidelines ection and does hereby approve Time Extension No , granting an 18-month extension for Conditional Use Permit No from January 25, 2019 to July 25, ON MOTION BY Commissioner, seconded by Commissioner, this resolution is duly passed and adopted this 8 th day of February, 2019 by the following vote: AYE: NOE: EXCUED: Attachment: Draft Planning Commission Resolution for Approval (8971 : Time Extension No , Ferry (CUP No )) Packet Pg. 54

55 5.B.e Time Extension , Lynn Ferry, applicant. APN: February 8, Page 2 of 2 pages ABTAIN: Attest: Danielle Wardle, ecretary for Mariposa County Planning Commission Mick Herman, Chair Mariposa County Planning Commission Attachment: Draft Planning Commission Resolution for Approval (8971 : Time Extension No , Ferry (CUP No )) Packet Pg. 55

56 6.A MARIPOA COUNTY Planning MEETING: February 8, 2019 TO: FROM: RE: ummary The Mariposa County Planning Commission arah Williams, Planning Director Residential Transient Occupancy Facility Annual elf-report Residential Transient Occupancy Facility Annual elf-report ummary. This item is scheduled to provide information regarding procedural and compliance statistics for the new self-reporting requirement for residential transient occupancy facilities contained in County Code. ee memorandum for additional information. BACKGROUND March 2016: Ordinance 1116 adopted amending County Code to complete processing of General Plan/County Code Amendment No Amendments including mandated annual self reporting for all residential transient occupancy facilities Board of upervisors: December 12, Presentation of Residential Transient Occupancy Facility Annual elf-report ummary (first mandated reporting) ATTACHMENT: PC BO ummary_tot elf Report Revised Checklist for Residential Transient Occupancy Facility (DOCX) Page 1 REF ID# 8961 Packet Pg. 56

57 Residential Transient Occupancy Facility elf-inspection Compliance Report (NOTE: A separate report is required for EACH facility) REPORTING PERIOD: April 1, 2018 through March 30, 2019 UBMITTAL DEADLINE: April 30, 2019 Rental Facility Name: TOT Certificate No. Facility Address: APN: Owner: Business Operator: Please: 1) Conduct a self-inspection of your facility on or around April 1 st. 2) Indicate date of your inspection and either answer the question OR circle Y for Yes, or N for No. 3) ign and date at the bottom of the form (page 2). Date of self-inspection:, 2019 Checklist for Residential Transient Occupancy Facility elf-inspection Compliance Report _Y N Do you have a valid Transient Occupancy Registration Certificate issued by the Mariposa County Tax Collector? _Y N Have you submitted all required Transient Occupancy Taxes to the Tax Collector during the reporting period? _Y N Do you have a valid Certificate of Occupancy issued by the Building Department or a mobile home installation acceptance issued by the California Department of Housing and Community Development (HCD)? _Y N Has the facility remained in compliance with the residential transient occupancy safety checklists (from the Building and Fire Departments) in effect at the time the transient occupancy registration certificate was issued? _Y N Has the unit remained in compliance with all fire protection provisions of the Public Resources Code, including maintenance of the required fuel break surrounding the residence as required by CAL FIRE? _Y N Are the smoke alarms and CO detectors located in each bedroom in working condition with fresh batteries? _Y N Are all fire extinguishers adequately charged, conspicuously located, readily available and plainly marked? _Y N Has your on-site sewage disposal system or small private community system been maintained as originally approved by the Health Department? _Y N Has your water supply system been maintained as originally approved by the Health Department? _Y N Do you have a minimum 8 ½ x 11 written notice in your rental unit which contains the following information (Circle letters of all that apply): 1. Instructions in case of fire or other emergency, including the name and phone number of the property owner or rental manager including fire escape routes. 2. Quiet hours are between 10:00 p.m. and 8:00 a.m. 3. Water and energy conservation measures. 4. Proper use of wood burning stoves and fireplaces. 5. Parking and snow removal requirements, if necessary. No parking on roadway is permitted during snow removal periods declared by the Director of Public Works, pursuant to County Code, ection An identification of the character or area in which the unit is located (i.e. rural, agricultural, residential). 7. A statement relative to respect for adjacent property owner s rights and trespassing concerns. 8. Proper trash disposal, and bear preventive/control measures if applicable. (Required Checklist CONTINUED ON BACK) 6.A.B Attachment: Revised Checklist for Residential Transient Occupancy Facility [Revision 1] (8961 : Residential Packet Pg. 57

58 _Y N For non-owner-occupied vacation rentals, is there a minimum 5 x 7 weather-proof NOTICE that is easily and conspicuously visible at or near the main entrance to the rental unit with the name and phone number of the property owner or rental manager who is available by phone in case of emergency? How many on-site, year-round accessible parking spaces are available? Parking may be stacked. _Y N Are parking and snow removal requirements (if necessary) posted? No parking on roadway is permitted during snow removal periods declared by the Director of Public Works, pursuant to County Code, ection How many bedrooms are you renting? What is your occupancy limit? _Y N Is your occupancy limit posted over or next to the facility s primary exit door? _Y N Is your street address posted as required? How many transient occupancy rental facilities do you maintain on this parcel? If you are unable to confirm or answer any of the above, please explain: I certify (or declare) under penalty of perjury under the Laws of the tate of California that the foregoing and all information hereon, including any accompanying statements or documents, is true, correct and complete to the best of my knowledge and belief. I further verify, under penalty of perjury, that I am reporting and I am paying appropriate Transient Occupancy Taxes (TOT) and Tourism Business Improvement District (TBID) Taxes for the rental of the transient occupancy facility listed on this form. igned in, California, this day of, 2019 ignature of Owner, Corporate Officer, or Manager Printed Name of Person igning this form Owners Name(s) address, if not provided on front of this form Managing Company and/or Business Operator address, if not provided on front of this form RETURN COMPLETED AND IGNED FORM TO: Title, if applicable Telephone Number (8 a.m. 5 p.m.) Current Mailing Address Daytime Telephone Number Current Mailing Address Daytime Telephone Number MARIPOA COUNTY PLANNING DEPARTMENT PO Box 2039 Mariposa, CA THI FORM MUT BE COMPLETED, IGNED AND RETURNED BY APRIL 30, 2019 TO AVOID POTENTIAL VIOLATION AND FINE INCOMPLETE FORM WILL NOT BE ACCEPTED 6.A.B Attachment: Revised Checklist for Residential Transient Occupancy Facility [Revision 1] (8961 : Residential Packet Pg. 58

59 6.B MARIPOA COUNTY Planning MEETING: February 8, 2019 TO: FROM: The Mariposa County Planning Commission arah Williams, Planning Director RE: Planning Commission Training: Role of the Planning Commission Within the Planning Agency Planning Commission Training: Role of the Planning Commission within the Planning Agency. ATTACHMENT: Presentation on Role of Planning Commission (PDF) Page 1 REF ID# 8981 Packet Pg. 59

60 6.B.a Role of Planning Commission within the Planning Agency Presentation 2/8/19 Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 60

61 6.B.a Planning Agency Established by California Government Code comprised of: the Board of upervisors, the Planning Commission, the Planning Department, and the Planning Director Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 61

62 6.B.a Mandatory Functions California Government Code establishes the mandatory functions of the PLANNING AGENCY: Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 62

63 6.B.a Functions of Planning Agency Prepare, periodically review, and revise, as necessary, the General Plan. Implement the General Plan through actions, including, but not limited to, the administration of area plans, specific plans and zoning and subdivision ordinances. Annually review the capital improvement program of the county and the local public works projects of local agencies for their consistency with the General Plan. Endeavor to promote public interest in, comment on, and understanding of the General Plan, and regulations relating to it. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 63

64 6.B.a Functions of Planning Agency Consult with and advise public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the General Plan. Promote and coordinate local plans and programs with the plans and programs of other public agencies. Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 64

65 Mariposa County s Organization of Planning Agency In 1986 the Board of upervisors adopted an ordinance which established the responsibilities of the Planning Agency in Mariposa County Assigned them to the Board of upervisors, Planning Commission and Planning Department. Contained in Chapter 2.50 of County Code 6.B.a Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 65

66 6.B.a Board of upervisors Appoints Planning Director, Planning Commissioners, and advisory committee members Adopts the General Plan, Area Plans, pecific Plans, and regulations and ordinances for conducting a planning program in Mariposa County. Acts as the official agency in reviewing all capital improvement plans proposed by pecial Districts, chool Districts and the County, for conformity with adopted General Plan, Area Plans and pecific Plans. Acts as the final appeal body on all planning matters. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 66

67 6.B.a Planning Commission Initiates the preparation of the general plan and amendments, area plans, specific plans, regulations, programs and legislation necessary to implement the planning program of the county. Advises the Board of upervisors on matters relating to planning, which in the opinion of the Commission, should be studied. Acts as the advisory agency as designated in Title 16 of Code for purposes of acting on subdivision proposals. Conducts hearings and decides on all requests for Conditional Use Permits. Conducts hearings and decides on all requests for Variances. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 67

68 6.B.a Planning Commission cont. Reviews and acts upon all other matters as may be required by code. Reviews the capital improvement program for the county and make recommendations to the Board of upervisors with respect to its consistency with the General Plan, Area Plans and specific plans. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 68

69 6.B.a Planning Commission Chair Mariposa County Code ection Preside at all meetings of the Commission. 2. Call special meetings of the Commission in accordance with these rules. 3. ign documents of the Commission. 4. ee that all actions of the Commission are properly taken. 5. Appoint standing committees, with the approval of the Commission, and when necessary to the conduct of Commission business, establish special committees. Packet Pg. 69 Attachment: Presentation on Role of Planning Commission (8981 : Planning

70 6.B.a Planning Commission Vice Chair Mariposa County Code ection During the absence, disability, or disqualification of the Chairman, the Vice- Chairman shall exercise or perform all the duties and be subject to all the responsibilities of the Chairman. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 70

71 6.B.a Planning Department Perform the duties required for the proper preparation and administration of the general plan, area plans and specific plans as provided by statute and county code. Performs the duties required for proper preparation and administrative of County Code, Titles 16, 17 and 18. Provide administrative support and professional advice to the Planning Commission and Board of upervisors. Perform special studies and surveys as directed by the Board of upervisors. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 71

72 6.B.a Planning Director Direct, oversee and supervise Planning Department activities and staff. Prepare and administer budget. Advise Commission and Board of upervisors on department, zoning and land use, subdivisions, mining and planning matters. Official spokesperson for the Planning Agency. Reports on planning activities. Zoning enforcement officer. Oversee and administers county environmental review procedures per CEQA. Oversees and administers LAFCo. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 72

73 6.B.a Why have a Planning Commission? The concept of having an appointed Planning Commission, comprised of lay persons, was developed in the early part of the 1990s. The Model tate Enabling Act, published by the U.. Department of Commerce in 1928 formalized the concept of a non-political, citizen-based Planning Commission. The Planning Agency structure contained in California Code is patterned after this model. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 73

74 6.B.a Why Planning Commission? The concept of such a Planning Commission was envisioned to depoliticize the development of planning policy. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 74

75 6.B.a Why Planning Commission? Ideally a Planning Commission should function as an extension of the legislative body and should be: Able to devote significantly more time to studying planning issues and soliciting and considering public concerns. Able to function as a sounding board for planning and other staff to utilize in determining the citizens perspective on planning issues. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 75

76 6.B.a Why Planning Commission? Ideally a Planning Commission should function as an extension of the legislative body and should be: Able to consider long term view on land use issues because members are not directly tied to the election process. Able to devote enough time and effort to controversial planning issues to function as consensus buildings prior to consideration by the legislative body. Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 76

77 6.B.a In Conclusion: Authority for Planning Agency established by tate Law tate Law establishes mandatory functions of the Planning Agency Local ordinance establishes specific assignments to Board of upervisors, Planning Commission, Planning Department, and Planning Director Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 77

78 6.B.a Attachment: Presentation on Role of Planning Commission (8981 : Planning Packet Pg. 78

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