Committee for the Preservation of Catheys Valley and Hornitos

Petition Drive Started May 11, 2006 – Submitted to Board of Supervisors on June 13, 2006

Petition for the Adoption of a Moratorium on Parcelization of Western-Lying Lands in Mariposa County

Whereas the rapid pace of unplanned development in the Catheys Valley and the Hornitos areas poses an immediate threat to the health, safety, and welfare of the residents of Catheys Valley and Hornitos, the undersigned residents and/or property owners of Mariposa County respectfully request that the Board of Supervisors adopt a lawful and appropriate moratorium on parcelization for the western-lying lands of Mariposa County.  The requested moratorium includes the Catheys Valley and Hornitos areas as delineated on the attached map. 

The requested moratorium will remain in effect for no longer than 24 months as provided by law, as appropriate policies are adopted by the Mariposa County Board of Supervisors to guide future development, including the Catheys Valley Community Plan, an updated General Plan, establishment of a Hornitos Community Planning Advisory Committee, and impact mitigation fee program.  Said moratorium shall include:

• Parcel maps

• Minor subdivisions

• Major subdivisions

• Certificates of Compliance

• General Plan and Zoning Ordinance amendments

The period of the moratorium, which may be less than 24 months, should be dependent upon the following factors:

• Completion and adoption of the County's General Plan and its Environmental Impact Review (EIR).

• Due process afforded the Catheys Valley Community Plan Advisory Committee's recommendations; the adoption of the CV Community Plan and EIR; and the fixing of planning area boundaries.

• The community of Hornitos has formed a Hornitos Community Planning Area Advisory Committee.

• Impact mitigation fee program has been adopted.

 Background Information - Request for a Moratorium on Parcelization  - MERG Committee for the Preservation of Catheys Valley and Hornitos

     Our community came together to draft the Catheys Valley Community Plan (CVCP), which establishes sensible   guidelines for future growth in our area that will protect the health, safety, and welfare of residents; but, the County is has been unable to finalize adoption the new plan until completion of the County's General Plan Update, which is imminent, while approving more and more parcels under the outdated 25-year old plan.  We're asking that the Supervisors put a temporary ban on new parcels because we:

• have no infrastructure for public services

• have water and septic limitations

• have no proven sustainable water supply for residential or commercial use

• have a limited public circulation infrastructure without sufficient public funding for expansion and/or appropriate levels of road maintenance
  
   

• These factors contribute to a significant health and safety concern for the residents and ranchers on western-lying lands of Mariposa County in closest proximity to growth demands in the City and County of Merced and the new University of California at Merced;

• Parcel maps along with minor and major subdivision applications are being reviewed and approved under land use policies of a 24-year old, outdated, General Plan, thereby escaping development and health and safety standards that are contained within the draft Mariposa County General Plan Update and Catheys Valley Community Plan;

• Certificates of Compliance on agricultural lands are opening up the possibility of development of historically agricultural lands, adding to the concerns about health, safety, and welfare of residents;

• The Mariposa General Plan Update has not been completed after a preparation period of five years, thereby failing to offer protection for the health, safety and welfare of residents impacted by the limitations and events stated above;

• Ten years of work by the Catheys Valley Community Planning Advisory Committee and ten years worth of input by Catheys Valley residents resulting in two sets of Community Plan recommendations has not been given due process by the Board of Supervisors and has not resulted in an adopted Community Plan for the Catheys Valley area;

• Section 1.5 of the not yet adopted General Plan Update specifically states, "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.  The 2005 General Plan intends to ensure that rural sprawl is not repeated in Mariposa County."

• The Hornitos community has not had any opportunity for self-direction resulting in no local recommendations for a community plan that can aid in protecting the health, safety and welfare of Hornitos residents;

• Pursuant to Government Code Section 65858, a valid moratorium is:

1) a reasonable limitation on specific types of development,

2) approved by a four-fifths vote of the Board of Supervisors,

3) for a limited period of time up to two years,

4) to avoid a current and immediate threat to public health, safety, or welfare;

5) pending adoption of a general plan, specific plan, or zoning proposal that will protect the public from the threat.