Mammoth Lakes City Council
July 6, 2022

Town Council Agenda

Wednesday, July 6, 2022, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:

Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, Councilmember Kirk Stapp
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.

NOTE: All comments will be limited to a speaking time of five minutes.

NOTE: This meeting will be conducted pursuant to the provisions of Assembly Bill 361 which amends certain requirements of the Ralph M. Brown Act. While Suite Z is still open to the public, it is strongly encouraged that you watch the Town Council meetings on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting.

ZOOM INFORMATION
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1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.

Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.

4. CORRESPONDENCE

5. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.

6. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)

7. COUNCIL PRESENTATIONS

7.1. Recognition of outgoing Parks and Recreation Commission Members Betsy Truax, Sean Turner, Laurel Martin, and Christi Constable.

8. PUBLIC PRESENTATIONS

8.1. Update from ORMAT on CDVI Project Revegetation and Restoration Mitigation Work. (30 minutes)

9. STAFF PRESENTATIONS

9.1. Introduce new Permit Technician Kevin Bessenbacher.

9.2. Proclamation of the Town Council of the Town of Mammoth Lakes, State of California, declaring July 2022 as Park and Recreation Month.

10. CONSENT AGENDA

10.1. Approve the minutes of the regular meeting of June 15, 2022.

10.2. Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.

10.3. Appoint Paul Chang to the Mono County Local Transportation Commission.

10.4. Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2004-1 (Fractional) Mello Roos District.

10.5. Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2005-1 (In Lieu DIF) for Fiscal Year 2022/23.

10.6. Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2013-3 (Transit Services) for fiscal year 2022/23.

10.7. Re-appoint Michael Vanderhurst and Greg Eckert to the Planning and Economic Development Commission and appoint Silver Chesak, Scott Reif, Greg Newbry, Dan O’Connell, and Ben Wisner to the Parks and Recreation Commission.

10.8. Accept Payment Approval Report No. 22-50 in the amount of $441,420.67. Accept Payment Approval Report No. 22-51 in the amount of $2,052,248.41.

11. PUBLIC HEARINGS
Public Hearing Procedure.

The Mayor will open the public hearing and then: Statement and presentation by staff.

Statement and presentation by property owner or appellant. Questions from the Town Council. Call for testimony. Rebuttal to previous testimony by property owner or appellant.

Close the public hearing, terminating public testimony. The Town Council will deliberate the matter and arrive at a decision.

11.1. Public hearing continued from the June 15, 2022, Town Council meeting, for consideration of three appeals received for the May 11, 2022, Planning and Economic Development Commission decision to
approve the Limelight Hotel entitlement application (Tentative Tract Map (TTM) 22- 002, Use Permit (UPA) 22-001, and Major Design Review (DR) 22-001.

11.2. Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-1 (Juniper Ridge).

11.3. Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-4, Zone 1 (The Bluffs) – Maintenance District No.1.

11.4. Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within the special maintenance district Old Mammoth Road Benefit Assessment District No. 2002-1.

11.5. Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within the special maintenance district North Village Benefit Assessment District No. 2002-2, Zone 1.

11.6. Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Benefit Assessment District No. 2014-1 (Mammoth View).

12. POLICY MATTERS

12.1. Lease Agreement for Edison Hall between Mammoth Lakes Foundation and Town of Mammoth Lakes.

12.2. Land Use Planning Agreement between the Town of Mammoth Lakes and Mammoth Lakes Foundation.

12.3. Approve re-establishment of the Inyo-Mono Broadband Consortium under the Eastern Sierra Council of Governments (ESCOG) and for ESCOG to apply for funding under the California Advanced Services Fund.

12.4. Authority to work with Golden State Connect Authority (GSCA) to apply for $500,000 in grant funding for a broadband deployment plan for Mammoth Lakes.

12.5. Approval of lease agreement with Mammoth Unified School District, Mono County Office of Education, and the Town for development of tennis and pickleball courts.

12.6. Award contract for the Laurel Mountain Road Rehabilitation and Sidewalk Project to Spiess Construction Co., Inc

12.7. Award Chaparral Road Extension Contract to Spiess Construction in the amount of $1,798,471.00.

13. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities

14. CLOSED SESSION

14.1. Pursuant to Government Code Section 54957.6.(a), Conference with Labor Negotiators, the Council will meet with its representatives, Town Manager Daniel C.

Holler, Administrative Services/Finance Director Rob Patterson, and HR Manager Amanda Pelham
with respect to the following Employee Organizations: Mammoth Lakes Police Officers Association and the Mammoth Lakes Sergeants Association.

15. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION

16. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, July 20, 2022 at 4:00 p.m.

June 29, 2022
Letter to the Editor
Provided to both the Mammoth Times and The Sheet
This is an open letter to the Town Council of the Town of Mammoth Lakes. It will be submitted to the Town as Public Comment for the regular meeting of July 6.

Subject: AB 1666 (passed 56-12 and signed by the Governor) SCA 10 (passed 58-16, State Constitutional Amendment, November 2022 ballot) The Town Council is no stranger to discussions on national and state issues. The Council often receives information related to actions the State of California is contemplating or has taken. It is quite normal for the Council to provide correspondence to the State. Sometimes these letters voice support, sometimes opposition, sometimes they are neutral. The matters discussed are typically those that may be considered important to residents, businesses, and visitors to the area. The subjects have been as critical as massive international and national issues such as COVID19, Climate Change, National Forest Resource Management, and Affordable Housing. They have also included topics such as land use processes, electric vehicle charging, solar energy, and tax exemptions for school supplies.

There was one issue on the list in 2021 that discussed whether or not bicyclists should have to come to a full stop at stop signs. Dozens of subjects, including some of international importance such as COVID-19, down to, yes, bicyclists at stop signs. If an issue is likely to affect the daily or long-term lives of residents, businesses, or visitors to the area, the issue has been reviewed and, very often, input has been provided to our State or Federal Representatives or the governmental bodies as a whole. The Town Council has not been shy about weighing in.

Certainly, the Town Council should weigh in on a proposed Constitutional Amendment that will be placed on the November 2022 ballot.

The State of California has passed AB 1666 and SCA 10 in response to current and anticipated federal and state (other states) responses to the overturning of Roe v. Wade. SCA 10 is a State of California Constitutional Amendment that will be placed on the November 2022 ballot. It is anticipated more actions will follow. I request our Town Council place an item on the next available agenda to consider a letter to provide comment on these two specific actions by the State and to comment on the issue as a whole.

This is an issue that has or will affect us all. Each of us needs to choose how to respond. We can simply ignore it, we can become fully engaged, or, at the very least we should be well informed so that, if we choose, we can let others know where we stand and where our local representatives stand. We choose what subjects we talk about with coworkers, with friends, with family, on our chairlifts, on our hikes, on our bike rides, at your church, at our bars, in our restaurants or our kitchen tables. We as individuals can choose to approach ‘uncomfortable’ issues as we see fit.

The Town Council has seen fit to take action to provide comment on many issues in the past. Many ‘uncomfortable’ and many national and state issues have been addressed. All the COVID-19 discussions were not ‘fun.’ Any argument that Roe v. Wade is a ‘national’ or ‘state’ issue that we cannot or should not address locally would be weak at best. This is an issue that affects us internationally, nationally, statewide, regionally and locally.

From the Supreme Court to your kitchen table. Roe v. Wade has and will affect all of us.

Roe v. Wade was decided on January 22, 1973, nearly 50 years ago. I was a senior in high school. 1973 saw a great many historic things – a few I recall: designated hitter era began, Secretariat won the Triple Crown, Willie Mays retired, there were two mass shootings (two!), War in Vietnam ended, Watergate, The Godfather, Laugh In, Wounded Knee, first hand-held cellular phone, World Trade Center in New York City opened, FedEx began

operations, Skylab, first ATM patent, DEA founded, hip hop began, Alaska pipeline, The Exorcist, and the Endangered Species Act. A busy year. And we’ve had our ups and downs in the decades since. 1973 was a memorable year, with many historic events. 2022 has the potential to be one of those years. In recent days, three monumental issues have once again been thrust into our headlines. This letter’s subject is only Roe v.

Wade. It needs to stay focused, so this letter will not comment on two other issues that will affect us - the Supreme Court’s decisions on guns (NY State Rifle & Pistol Association v. Bruen, NY State Police) and the separation of church and state (Kennedy v. Bremerton School District). Do not take that as a comment that these two are not important. Indeed, the State of California has already begun taking steps to address these issues as they can. They will also affect us locally.

The Town Council has provided input over the years on a great number of important national, state and regional issues. Don’t back off on this one. The State of California has already taken action. It is our responsibility to provide input to our State and Federal elected representative. It is our responsibility to let people know where we stand.

SCA 10 is a State of California Constitutional Amendment that will be on the ballot in November.

It’s time to make a statement on these specific legislative actions and on this issue as a whole. Roe v. Wade may not be a ‘comfortable’ topic, but it is one that must be addressed, with individual Town Council members needing to take a stand, either through comments or their votes. If anyone would like to argue that this need not be discussed as it is a ‘personal’ issue, I quite agree. Unfortunately, the Supreme Court has seen to it that it is not a personal issue. It appears it is now an issue that the federal government and the states will decide for you. “We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.”
Grady Dutton
Mammoth Lakes

GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT
157 Short Street, Bishop, California 93514-3537
760-872-8211 Fax: 760-872-6109
June 1, 2022
Nolan Bobroff
Associate Planner/Housing Coordinator
Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA 93546
RE: 2021-2022 Mammoth Lakes PM10 and Meteorological Summary Dear Mr. Bobroff:

The Great Basin Unified Air Pollution Control District (District) has monitored air quality in the Town of Mammoth Lakes since 1984. The District recently finalized the data completing the 2021-2022 air monitoring year ending March 15, 2022. District staff is pleased to provide the Town with this summary of air quality measurements recorded by the District between March 16, 2021 and March 15, 2022. The PM10 data presented are the regulatory data of record from the District’s 1-in-3-day Partisol Sequential filter-based monitor. The District had been testing a continuous Teledyne-API T640x PM monitor in Mammoth since September 2018, however, that monitor which utilizes a light-scattering method as a surrogate for mass measurements had proven to measure concentrations significantly higher than the filter-based monitor considered by EPA as the gold standard for monitoring. Based on these results, the T640X monitor was replaced by a Thermo 1405 continuous PM10 monitor in April 2022. This monitor utilizes a direct mass measurement that compares well with the filter-based monitor. Hourly PM10 concentration data from the new monitor are publicly available in real time on the District website: https://www.gbuapcd.org/.

During the March 16, 2021 to March 15, 2022 monitoring period, the Federal PM10 standard (150 μg/m3 for a 24-hour average) was exceeded on zero (0) days. Since the Partisol was operated with a 1-in-3-day sampling schedule, the calculated number of Federal exceedances was also zero (0) days. The California State PM10 standard (50 μg/m3 for a 24-hour average) was exceeded on five (5) days during the monitoring period.

Considering the Partisol 1-in-3-day sampling schedule, the calculated number of State exceedances was fifteen days (15) days for the monitoring period.

Three (3) of the monitored State exceedances in 2021-2022 were due to wildfire smoke impacts, while two (2) were due to local sources. The Town of Mammoth Lakes was impacted by wildfire smoke in August 2021 with the Dixie Fire (Butte County) and Caldor Fire (El Dorado National Forest). Wildfire smoke again impacted the Town in mid-September through early October from the KNP Complex (Sequoia and Kings Canyon National Parks). While the Town of Mammoth Lakes did experience wildfire smoke impacts in summer 2021, monitored conditions were not as severe as in previous wildfire seasons, primarily due to the distance from the fires and prevailing winds blowing the smoke elsewhere. Wildfire smoke events causing PM10 exceedances may be Phillip L. Kiddoo
Air Pollution Control Officer

excluded from determining compliance with the air quality standards under the US Environmental Protection Agency Exceptional Event Rule, however this does not provide relief to residents or visitors exposed to high concentrations of particulate matter due to wildfire smoke impacts.

The two (2) non-wildfire-smoke exceedances of the State standard occurred on 12/18/2021 measuring 64.3 µg/m³ and 1/11/2022 measuring 53.3 µg/m³. These winter-time exceedances were analyzed and determined to be caused by local sources, primarily woodburning stoves, though road cinders may have had a minor contributing impact.

Exceedance days and PM10 levels are listed in Table 1 for the 2021-2022 air monitoring year. An exceedance summary comparing the 2021-2022 monitoring year with past monitoring years is presented in Table 2. Both tables include exceedances caused by wildfire smoke events that have been excluded from regulatory determinations.

Figure 1 shows the daily average PM10 values during the wildfire smoke season between August and October 2021. Figure 2 shows the daily average PM10 values for the entire monitoring year, superimposed on the prior three monitoring years for comparative purposes.

Figure 3 shows the daily average PM10 concentration during the wildfire smoke season since 1992. The figure shows that during eight of the past nine summers smoke from large-scale wildfires has impacted the Town of Mammoth Lakes.

Please contact Chris Howard, Senior Research Systems Analyst, at 760-872-8211 with any questions you may have regarding this report.

Thank you,
Phillip L. Kiddoo
Air Pollution Control Officer
Deputy APCO for

Table 1. Town of Mammoth Lakes Federal and State PM10 exceedances: March 16, 2021 - March 15, 2022.

Date PM10 Average
(µg/m³)
Federal PM10
Exceedance
State PM10
Exceedance
8/23/2021 64.7 No Yes
9/16/2021 67.5 No Yes
10/4/2021 84.5 No Yes
12/18/2021 64.3 No Yes
1/11/2022 53.3 No Yes
Table 2. Comparison of Federal and State PM10 exceedances with prior monitoring years.

Air Monitoring Year Federal PM10
Exceedances (>150
µg/m³)
State PM10
Exceedances (>50
µg/m³)
09-10 0 25
10-11 0 36
11-12 0 5
12-13 0 19
13-14 2 17
14-15 0 3
15-16 0 20
16-17 0 21
17-18 0 6
18-19* 4 18
19-20* 0 9
20-21* 24 39
21-22* 0 15
* calculated number of exceedances due to less than 1:1 daily capture rate

Figure 1: Summer 2021 Wildfire Smoke Impacts on the Town of Mammoth Lakes.

15.2 17.2
37 43.9

28.6 32.9

45.7 64.7

28.1 21.9

13.4 20.7 18 20.6

24.2 67.5

20.2 42.4

84.5 48.8

9.8 21.7

18.2 15.6

11.9 3.1

17.8 0
25 50
75 100
125
150
175
200
1-Aug3-Aug5-Aug7-Aug9-Aug
11-Aug13-Aug15-Aug17-Aug19-Aug21-Aug23-Aug25-Aug27-Aug29-Aug31-Aug 2-Sep4-Sep6-Sep8-Sep
10-Sep12-Sep14-Sep16-Sep18-Sep20-Sep22-Sep24-Sep26-Sep28-Sep30-Sep 2-Oct4-Oct6-Oct8-Oct
10-Oct12-Oct14-Oct16-Oct18-Oct20-Oct22-Oct24-Oct26-Oct28-Oct30-Oct Aug-21 Sep-21 Oct-21
Daily Average PM10 (µg/m³)
Date
Summer 2021 Wildfire Smoke impacts on
the Town of Mammoth Lakes
Federal PM10 Exceedance:
150µg/m³ Daily Average
State PM10 Exceedance:
50µg/m³ Daily Average
KNP Complex Wildfire
Dixie and Caldor Wildfires
Machine
malfunction

Figure 2: Town of Mammoth Lakes - PM10, March 16, 2021 - March 15, 2022. Note 1-in-3-day schedule from 8/18/2018-3/15/2022.

Figure 3: Town of Mammoth Lakes Wildfire Season PM10, June-September, 1992-2019, except 2020-2021, whose fire seasons were July-October. 0 50
100
150
200
250
300
350
400
199219931994199519961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018201920202021 Daily Average PM10 (µg/m³)
Town of Mammoth Lakes Wildfire Season PM10
June-September, 1992-2021
Monitor
Down
Monitor Down
2013 Aspen Fire
2015 Rough Fire
2014 French Fire
2008 Mariposa Complex & Hidden Fire
1992 Rainbow Fire
1994 Hunter and Big Creek Fires
2016 Owens River Fire
2017 Multiple Yosemite
2018 Lions and
Ferguson Fires
2020 Creek Fire
2021 KNP Complex

EASTERN SIERRA REGION

COMMUNITY ECONOMIC RESILIENCE FUND (CERF)
High Road Transition Collaborative (HRTC)
The Vision of the Eastern Sierra Community Economic Resilience Fund HRTC is to engage in a datainformed, inclusive, and transparent planning process to develop a regional economic recovery plan and set of projects that will encourage the generation of high road jobs.

VISION
The planning process will focus on inclusivity for all regional stakeholders, with special emphasis on historically less engaged stakeholders such as disinvested communities, tribal communities, and workers.

The planning process will utilize the skills and knowledge of local entities and organizations and ongoing regional processes, including those developed by local governments, workforce training organizations, economic development organizations, regional educational institutions, and community-based organizations.

The planning process will be guided by Sierra Business Council as regional fiscal agent and convener but will be governed by a diverse and representative HRTC council and a series of topical committees, where power is shared and all ideas are welcomed.

The planning process will include a vigorous, multi-channel, and bilingual public outreach plan specifically designed to reach traditionally disinvested workers and communities, and represent the geographic and cultural diversity of the region.

The planning process will result in a regional economic recovery and transition plan that will emphasize job quality and access, economic competitiveness and resiliency, regional equity, and the long-term sustainability of the region. The planning process will align with state policies across a broad range of objectives, including the need to advance a climate-resilient and carbon-neutral economy.

The final adopted plan will include a broad range of data including stakeholder and asset mapping, identification of opportunities for alignment with existing regional economic planning processes and documents, a regional labor market and economic cluster analysis, and identification of regional climate and public health trends. The final adopted plan will also include specific strategies for the growth of targeted industries, strategies for increasing economic diversification, and strategies for increasing economic equity.

The final adopted plan is likely to be one regional plan with two subcomponents addressing a specific set of east side and west side strategies and implementation opportunities. The plan will identify specific projects for inclusion in future CERF funding proposals.

GOALS

EQUITY,

CLIMATE &
LABOR

COMMITTEE

BUSINESS &

WORKFORCE

COMMITTEE
LOCAL

GOVERNMENT

COMMITTEE
DATA,

PLANNING, &

DRAFTING

COMMITTEE

PROJECT

COMMITTEE

PROPOSED GOVERNANCE MODEL
Eastern Sierra CERF Region
This draft governance structure is intended to include representation from the large geography of our Eastern Sierra region and include representation on the High Road Transition Collaborative (HRTC) Council or HRTC Committees of all of the required and suggested stakeholders. A non-voting participant will chair the HRTC Council meetings.

The HRTC is intended to conduct all of its Council and Committee meetings in a public forum, in a transparent manner, in a hybrid-meeting format, with each stakeholder enjoying equal status and authority.

The composition of the HRTC Council and Committees may change over time as additional stakeholders are engaged. The governance model also allows for the addition of Committees as circumstances or direction changes based on data analysis and dialogue. The name of the HRTC may be changed after the grant is awarded.

HRTC COUNCIL
21 members + Non-voting Chair
3 from each county (or cities within
counties)
5 are chairs of the Committees
Represents the diversity of required
stakeholders

HRTC COUNCIL
7 voting members per Committee
Open ex officio membership
1 voting member from each County
Committee chair sits on HRTC board
Committee decisions matriculate to
board

COMMITTEE STRUCTURE

DECISION MAKING PROCESS
Decision making in committees and board based on modified consensus model (Support, Can Live With, Abstain, Oppose)

1. Straw Poll

2. Discussion

3. Poll-No consensus triggers vote.

Operational decisions require a majority vote of committee and board members.

Project decisions require a ⅔ vote of committee and board members.

EASTERN SIERRA REGION

COMMUNITY ECONOMIC RESILIENCE FUND (CERF)
High Road Transition Collaborative (HRTC)
The HRTC process is required to be highly public, participatory, and transparent in nature. The HRTC will welcome all community stakeholders, and fairly and equitably consider all ideas brought forward by stakeholders. The CERF program calls for an 18-24 month planning process but we will make our best effort at completing the public portion of the effort in 18 months.

HRTC meetings will be hybrid meetings allowing for both in-person and virtual attendance, and will be held alternately (depending upon weather) on the east side and west side of the Sierra crest. In-person attendance at a majority of the meetings (depending upon pandemic) is expected.

Stipends will be available to voting members who are non-elected officials (and allowed to accept payment for meetings and committee obligations). Stipends are optional and intended to increase participation from stakeholders with lower resources or capacity to engage in the CERF process. Mileage and lodging costs will be reimbursed for all participating voting members if approved in advance.

The HRTC structure proposed by Sierra Business Council (SBC) requires 51 individual stakeholders to act as voting members, and one non-voting member to act as the HRTC Board Chair. The various roles are described in detail below.

ROLE DESCRIPTIONS & APPROXIMATE TIME COMMITMENTS
Council members will be expected to participate in one 1 ½ hour-long hybrid meeting per month for 18-24 months, to need approximately 3 hours per month for document review and comment, and to occasionally meet with community stakeholders.

Approximate Time Commitment: 6-8 hours per month or 70-90 hours per year Proposed Number of Council Members: 21
An SBC project manager will staff the Council.

HRTC COUNCIL, COMMITTEE, AND PUBLIC PARTICIPANTS
High Road Transition Collaborative Council Member
The Council chair will be a non-voting member. The Chair will be expected to attend each 1 ½ hour-long monthly Council meeting for 18-24 months, usually but not always, in person, to need approximately 3 hours per month for document review, and to communicate on a regular basis with Council members to ensure all issues are being forwarded to the Council.

Approximate time commitment: 10 hours per month or 120 hours per year An SBC project navigator will staff the Council chair.

High Road Transition Collaborative Board Chair

EASTERN SIERRA REGION

COMMUNITY ECONOMIC RESILIENCE FUND (CERF)
High Road Transition Collaborative (HRTC)
Committee members are expected to participate in one 1 ½ hour-long hybrid meeting per month for 18-24 months, to need approximately 3 hours per month for document review and comment, and to meet occasionally with community stakeholders.

Approximate Time Commitment: 6-8 hours per month or 70-90 hours per year Proposed Number of Committee Members: 35 (7 voting members for each of the 5 committees) An SBC project navigator will staff the Committees.

High Road Transition Collaborative Committee Member
One member of each committee will also serve on the Council. This position will require participation in two 1½ hour per month meetings plus approximately 4 hours per month of document review.

Approximate Time Commitment: 8-12 hours per month or 96-144 hours per year Proposed Number of Committee Liaisons: 5
High Road Transition Collaborative Committee Liaison
Committee membership is open to all public participants, however there are only 7 voting members per committee. The public is encouraged to participate in as many meetings as they choose.

High Road Transition Collaborative Participant
Fiscal Agent: SBC will act as the Fiscal Agent. The Fiscal Agent is responsible for the project application, receives the funding, manages contracting, manages the overall finances of the project, makes disbursements to contractors, and acts as the intermediary in grant management, including grant reporting. The Fiscal Agent must have legal authority, history, and capacity to administer state funds.

Regional Convener: SBC will act as the Regional Convener. SBC is the lead organization tasked with organizing an inclusive group of regional stakeholders to form the HRTC and implement the planning grant in its region. SBC anticipates the program will be staffed with a project manager, two community project navigators (one on the west side and one on the east side), and will issue contracts to other community organizations for portions of the public outreach, engagement, and capacity building activities necessary.

Project Team

Capital Project Update
July Update
Created 6-27-22
Project Notes
CRC The 3 center ribs of the structure have been erected and anchored, and the exterior layer of fabric has been stretched across them.

Contractor has resolved the conflict between foundation rebar and structure baseplates.

Continued erection of structure is scheduled to resume 6/27, with 8 ribs expected by the end of the week, weather permitting.

Electrical trenching and patch-back in OMR south of the project site is complete.

CRC - Mobility Hub Contractor has completed the bus turnout on OMR and is moving forward with the sidewalk and bus shelter foundations and stem wall.

CRC - Interior Work Town staff has provided contractor scope, awaiting proposal The Parcel PH 1 Construction of Building A1 foundations are nearly complete, along with a majority of the structural concrete columns. Formwork for exterior board-formed concrete “shotcrete” walls is being erected. Trenching for on-site underground utilities is underway.

Excavation of Building B1 foundations is ongoing, with concrete expected this week.

Topsoil has been removed over the new Inyo Street footprint, and is being stockpiled for future use just south of the Phase 1 location. Trenching of public sewer and storm drain within the new road is expected to begin this week.
2021 Road Rehabilitation Contractor is scheduled to resume work the week of July 4, starting with installation of pedestrian ramp “detectable warning pavers” and bollards on the MUPs, and reconstruction of Red Fir Rd.

Contractor will then move on to reconstruction of Mountain Blvd, Majestic Pines Dr (between Kelly/Silver Tip and Meridian) and Monterey Pine Rd (south leg) in coordination with AmeriGas’s installation of new underground propane lines.

Bluffs Slurry Seal Contractor is scheduled to perform the work between August 1-3, with completion of pavement markings on Aug 8.

Ballfields Rehabilitation
Whitmore/Shady
Contract has been executed, and minor changes or clarifications to the project discussed with contractor.

Work will begin after July 4th
60 Joaquin Contract has been awarded and sent to design-build team, they are coordinating with modular factories regarding details of the contract and expect to be able to execute within about a week.

Town staff will then coordinate with the design team regarding design schedule, which is expected to begin in July, followed by PEDC entitlement, with a groundbreaking in late summer or early fall.

OMR Beautification No bids were received. Town staff is reaching out to several landscape contractors to determine interest in negotiating to perform the work this summer/fall.

Main Street Landscaping No bids were received. Town staff is reaching out to several landscape contractors to determine interest in negotiating to perform the work this summer/fall.

HSIP Intersection crossings Consultant is finalizing plans. Staff anticipates bidding in July and awarding in August, with work occurring in Sept and Oct.

Chaparral Extension (The
Parcel)
One bid was received from Spiess Construction in the amount of $1.8M. The project is fully funded from SB1 funds, Council is being asked to award contract at the July 6 TC meeting.

Construction start date will be coordinated with the contractor.

Laurel Mountain Rd Rehab
& Sidewalk
Two bids were received, with the low bid coming from Spiess Construction in the amount of $2.94M. The project is fully funded from SB1, STIP, General Fund, Road Rehab, and IIG funds.

Council is being asked to award contract at the July 6 TC meeting. Construction start date will be coordinated with the contractor and is expected to take 2 construction seasons.

Fuel Island Staff has been working with the relevant environmental authorities to determine options for remediation of the existing underground tanks to prolong their life and reduce the overall cost of the project.

Minaret MUP Staff have reviewed and commented on 60% plans and are awaiting final design plans. No construction funding has yet been identified.

Main Street MUP Staff continues to work with Caltrans on initial plans, Caltrans approval is expected by 7/11.

Town will then work with Consultant to move on to detailed engineering design phase. No construction funding has yet been identified.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update from ORMAT on CDVI Project Revegetation and Restoration Mitigation Work.

Council Meeting Date: 7/6/2022
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: This is an informational presentation only and no formal recommendation is provided.

Summary: A revegetation and restoration implementation plan is part of ORMAT’S CDIV project. This work includes places around Shady Rest Park. ORMAT representatives will provide an update on the work to date and ongoing efforts.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Proclamation of the Town Council of the Town of Mammoth Lakes, State of California, declaring July 2022 as Park and Recreation Month.

Council Meeting Date: 7/6/2022
Prepared by: Stuart Brown, Parks and Recreation Director Recommended Motion: Adopt the Proclamation declaring July as Park and Recreation Month in the Town of Mammoth Lakes.

Summary: Since 1985, America has celebrated July as the nation’s official Park and Recreation Month. Created by the National Recreation and Park Association (NRPA). Park and Recreation Month specifically highlights the essential and powerful role local park and recreation professionals play in building stronger, more vibrant, and more resilient communities across the country and here in Mammoth Lakes.

This July, we are bringing attention to how important it is to rise up and support the field of parks and recreation, because every day, park and recreation professionals rise up for their communities in service of equity, climate-readiness, and overall health and well-being.

The Town of Mammoth Lakes Parks and Recreation Department is leading initiatives and providing opportunities for people of all ages, abilities, and identities to achieve healthier lifestyles, promote and understand nature and environmental resilience, as well as bringing the community closer through a variety of programs and services. Join us for FREE swim days at the Whitmore Pool, the annual beach volleyball tournament at Shady Rest Park, Men’s and Coed Softball tournaments at Shady Rest Park, and register for any of our signature or contracted parks and recreation summer camps.

Learn more about Park and Recreation Month and find additional resources by visiting:
www.nrpa.org/July or follow us on Facebook at MammothParksnRec, online at www.townofmammothlakes.ca.gov or by calling (760) 965-3690.

We are all recreation – all the time!

Proclamation of the Town Council of The Town of Mammoth Lakes, State of California, Declaring July 2022 as Park and Recreation Month
WHEREAS parks and recreation programs are a vital part of communities throughout this country, including the Town of Mammoth Lakes; and
WHEREAS our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and improve the mental and emotional health of all citizens; and
WHEREAS parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS local parks, facilities and multi-use paths offer solace, independence, exercise, and the ability to enjoy healthy activities with family members outdoors, and WHEREAS parks and recreation professionals rise up every day to build stronger, more vibrant and more resilient communities; and
WHEREAS the U.S. House of Representatives has designated July as Park and Recreation Month; and
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes, State of California, that July is recognized as Park and Recreation Month in the Town of Mammoth Lakes.

APPROVED AND ADOPTED this 6
th Day of July 2022

_________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Town Council of Mammoth Lakes
Minutes of Regular Meeting
June 15, 2022, 3:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser,
Councilmember Kirk Stapp
_____________________________________________________________________

1. CALL TO ORDER
The Mayor called the meeting to order at 3:03 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Sandra Moberly led the flag salute.

3. PUBLIC COMMENTS
There were no public comments given at this time.

4. ADDITIONS TO THE AGENDA
There were no additions to the agenda.

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Police Chief Al Davis, Sergeant Joe Vetter, and School Resource Officer Daniel Hansen gave an update regarding current police department activities. There was discussion among members of Council and staff.

Town Council Minutes
June 15, 2022

Public Works Director Haislip Hayes gave an update regarding current public works activities. There was discussion among members of Council and staff.

Trails Manager Joel Rathje gave an update regarding current trails activities.

Community and Economic Development Director Sandra Moberly gave an update regarding The Parcel and current planning activities. There was discussion among members of Council and staff.

Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities.

6. STAFF PRESENTATIONS

6.1 Introduce new Outdoor Recreation Manager Lawson Reif.

Town Manager Daniel C. Holler introduced Mr. Reif to the Council and the community.

PUBLIC COMMENT:

Andy Ott, Viewpoint homeowner, welcomed Mr. Reif to the community.

7. PUBLIC PRESENTATIONS

7.1 Presentation by Mammoth Lakes Chamber of Commerce on FY21-22 Work Program and Work Plan for FY22-23. (20 Minute Presentation) Town Manager Daniel C. Holler introduced Ken Brengle, Executive Director of the Mammoth Lakes Chamber of Commerce. Mr. Brengle gave a presentation outlining the Chamber's accomplishments from last year and goals for next year. Mr. Brengle introduced Assistant Director Brianna Goico and Workforce Housing and Content Coordinator Emily Peters.

There was discussion among members of Council and Chamber staff.

8. CONSENT AGENDA
Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Approve the Consent Agenda.

For (4): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Absent (1): Councilmember Sarah Rea

Town Council Minutes
June 15, 2022

Carried (4 to 0)

8.1 Approve the minutes of the regular meeting of June 1, 2022.

8.2 Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.

8.3 Adopt the resolution approving the Mammoth Lakes Recreation Measure U Programming Funding Recommendations.

8.4 Approve and adopt the resolution establishing a reclassification of specified full-time, permanent General Employees’ Association (GEA) and Public Works Employees’ Association (PWEA) positions.

8.5 Adopt the resolution authorizing temporary closure of certain Town roads for the annual Fourth of July Parade and Freedom Mile run on July 4, 2022.

8.6 Accept Payment Approval Report No. 22-49 in the amount of $173,168.36.

9. PUBLIC HEARINGS - Will not begin before 4:00 p.m.

9.1 Public Hearing to consider three appeals of the May 11, 2022 Planning and Economic Development Commission Decision to Approve the Limelight Hotel Project (Tentative Tract Map (TTM) 22- 002, Use Permit (UPA) 22-001, and Design Review (DR) 22-001).

Town Attorney Andrew Morris gave an update on the status of the project.

The Mayor Pro Tem opened the public hearing at 4:23 p.m.

Senior Planner Kim Cooke outlined the information in the staff report.

There was discussion among members of Council and staff.

PUBLIC COMMENT:

Patrick Tierney, Aspen Skiing Company Senior Corporate Counsel, reported that they planned to remove the geothermal component from the project description. He said that they would develop a letter agreement with the Mammoth Community Water District (MCWD) for a plan for sampling and mitigation.

Town Council Minutes
June 15, 2022

Mark Busby, General Manager of the MCWD, said that they had productive meetings with Limelight. He said that after the letter agreement was signed, they planned to withdraw the appeal.

Jo Bacon said that she had discussions with the MCWD. She said that she would not be able to attend on July 6 and gave her personal comments that were in addition to her appeal.

Councilmember Sarah Rea arrived at 4:28 p.m.

Bruce Favish, Westin Homeowners Association, said that they supported the continuance of the hearing and that they were in discussions with Limelight. He outlined his concerns from the appeal.

Steve Bernard, President of the Westin Homeowners Association, outlined his concerns with the project.

Michelle Sullivan asked that the term "Westin height variance" be removed from the project documents.

At 4:43 p.m. the Mayor Pro Tem continued the public hearing to July 6, 2022.

The Mayor Pro Tem called a recess at 4:43 p.m. and the Council reconvened at 4:53 p.m.

9.2 Approval of Appropriations Limit, Investment Policy, and Annual Budget for Fiscal Year 22-23.

The Mayor Pro Tem opened the public hearing at 4:54 p.m.

Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.

The Mayor Pro Tem closed the public hearing at 5:43 p.m.

Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth
Adopt a resolution establishing the Town of Mammoth Lakes appropriations limit for Fiscal Year 22-23.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp

Town Council Minutes
June 15, 2022

Carried (5 to 0)
Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth
Adopt a resolution reaffirming the Town of Mammoth Lakes Investment Policy for Fiscal Year 22-23.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth
Adopt a resolution reaffirming the Town of Mammoth Lakes Reserve Policy for Fiscal Year 22-23.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth
Adopt a resolution reaffirming the Town of Mammoth Lakes Debt Policy for Fiscal Year 22-23.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)
Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem John Wentworth

Town Council Minutes
June 15, 2022

Adopt a resolution approving the Annual Budget for the Town of Mammoth Lakes for Fiscal Year 22-32, as presented.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

9.3 Town of Mammoth Lakes FY22-23 Master Fee Schedule Update.

The Mayor Pro Tem opened the public hearing at 5:49 p.m.

Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.

PUBLIC COMMENT:

John Morris, Mammoth Lakes Lodging Association, asked a question regarding the lodging certificate cost. Mr. Patterson responded.

The Mayor Pro Tem closed the public hearing at 6:00 p.m.

Moved by Councilmember Bill Sauser
Seconded by Mayor Lynda Salcido
Adopt the attached resolution establishing and updating a master schedule of fees and charges for Town services for FY22-23.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

10. POLICY MATTERS

10.1 Mammoth Lakes Tourism – Contract Updates, Deliverables, and Compensation for FY22-23. (Continued from the meeting of June 1, 2022.

Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.

Town Council Minutes
June 15, 2022

PUBLIC COMMENT:

John Morris, Treasurer of the Mammoth Lakes Tourism Board, thanked the Council and said that their Board was very involved in the process.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Kirk Stapp
Authorize the annual updates to the Mammoth Lakes Tourism (MLT) contract for marketing services specifically contract deliverables (Exhibit B) and annual compensation (Exhibit C) for FY22-23.

For (5): Mayor Lynda Salcido, Mayor Pro Tem John Wentworth, Councilmember Sarah Rea, Councilmember Bill Sauser, and Councilmember Kirk Stapp
Carried (5 to 0)

10.2 Mammoth Lakes Tourism FY22-23 Operating Budget. (Continued from the meeting of June 1, 2022.)
This item was taken out of order.

Town Manager Daniel C. Holler and Administrative Services/Finance Director Rob Patterson introduced John Urdi, Executive Director of Mammoth Lakes Tourism (MLT). Mr. Urdi and MLT staff gave a presentation regarding MLT's Strategic Plan and budget for fiscal year 2022-23.

PUBLIC COMMENT:

Ron Cohen, Mammoth Mountain Ski Area, outlined his "must-do" list for MLT. He asked Council to consider funding destination management.

11. COUNCILMEMBER REPORTS
Councilmember Stapp reported on the Mammoth Lakes Housing wait list.

Councilmember Sauser attended the Local Transportation Commission meeting, attended the Mammoth Trails Committee meeting, met with the Town Manager and the new Office of Outdoor Recreation Manager Lawson Reif, and attended the Eastern Sierra Transit Authority Board meeting.

Councilmember Rea attended the Chamber Workforce Housing Steering Committee meeting.

Town Council Minutes
June 15, 2022

Mayor Pro Tem Wentworth attended the Eastern Sierra Council of Governments meeting and the Local Transportation Commission meeting.

12. CLOSED SESSION
At 7:55 p.m. the Town Manager announced that the Council would be entering into closed session for purposes as stated in the agenda.

12.1 Pursuant to Government Code Section 54957.6.(a), Conference with Labor Negotiators, the Council will meet with its representatives, Town Manager Daniel C. Holler, Administrative Services/Finance Director Rob Patterson, and HR Manager Amanda Pelham with respect to the following Employee Organizations: Mammoth Lakes Police Officers Association and the Mammoth Lakes Sergeants Association.

13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 8:40 p.m. and announced that there was no reportable action taken.

14. ADJOURNMENT
The Council adjourned the meeting at 8:40 p.m.

Jamie Gray, Town Clerk

RESOLUTION NO. 22-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

RE-AUTHORIZING THE TOWN COUNCIL TO MEET VIRUTALLY DURING THE COVID-19 PANDEMIC DECLARED EMERGENCY
WHEREAS, the Town of Mammoth Lakes supports transparency in government, and meetings of the Town Council and other legislative bodies of the Town are conducted in compliance with the Brown Act (Government Code Section 54950 et seq), so that members of the public may attend, observe, and participate; and WHEREAS, Government Code Section 54953(e) is a provision of the Brown Act establishing special rules that apply under specific circumstances to meetings of local government legislative bodies that are conducted remotely via teleconference; and
WHEREAS, using the special rules will facilitate continuing to conduct meetings remotely during the COVID-19 pandemic; and
WHEREAS, the Town Council does hereby find that allowing for conducting public meetings virtually will support social distancing and reduces the potential risk to the public, elected officials and employees to be infected by or to spread COVID-19; and
WHEREAS, a required condition for the use of the Section 54953(e) rules is the existence of a state of emergency declared by the Governor pursuant to Government Code Section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code Section 8558; and WHEREAS, an additional required condition is that state or local officials have imposed or recommended measures to promote social distancing, or that the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the Governor of California declared a Statewide state of emergency due to the COVID-19 virus on Wednesday, March 4; and
WHEREAS, on March 15, 2020 the Mono County Health Officer declared a local health emergency, including finding “that there is an imminent and proximate threat to public health from the introduction of COVID-19 in Mono County;” and WHEREAS, the Mono County Director of Public Health has recently issued a memorandum recommending that social distancing be used as one means of reducing the spread of COVID-19; and
WHEREAS, on October 6, 2021, the Town Council adopted a resolution finding that pursuant to Government Code Section 54953(e), the legislative bodies of the

Resolution No. 22-

Town of Mammoth Lakes shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code Section 54953, as authorized by subdivision (e) of Section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of Section 54953; WHEREAS, as a condition of extending the use of the provisions found in Section 54953(e), the Town Council must reconsider the circumstances of the state of emergency that exists in the Town of Mammoth Lakes, and the Town Council has done so; and
WHEREAS, emergency conditions continue to exist in the Town of Mammoth Lakes, as reflected by the ongoing state of emergency declared by the Governor; and
WHEREAS, requiring the meetings of the Town Council and other legislative bodies of the Town of Mammoth Lakes to be conducted entirely in person would create a risk to the health and safety of the members of the public who might attend, the members of the Town Council, Town staff, and other persons attending meetings; and
WHEREAS, the Town of Mammoth Lakes continues to comply with the requirements of Section 54953(e) to ensure public access to meetings of Town legislative bodies, including by providing notice and posting meeting agendas, allowing members of the public to access the meeting and provide comments via an Internet-based service option, and providing an opportunity for the public to address legislative bodies and offer comment in real time.

NOW, THEREFORE, BE IT RESOLVED that the recitals set forth above are true and correct and are incorporated into this resolution by this reference; and IT IS FURTHER RESOLVED that the Town Council of the Town of Mammoth Lakes hereby declares that a State and County emergency continues to exist due to the existence or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the Town of Mammoth Lakes due to the COVID-19 virus; and
IT IS FURTHER RESOLVED that the Mono County Director of Public Health has issued a memorandum recommending the continued use of social distancing as a means to reduce the spread of COVID-19, and that the COVID-19 state of emergency impacts the ability of the Town Council to safely meet in person; and IT IS FURTHER RESOLVED that the Mammoth Lakes Town Council finds the use of virtual meetings, as provided for under AB 361 as approved by the State Legislature and signed by the Governor, continues to be a prudent and safe means to conduct the Town’s business respecting the recommendation to use social distancing as a precaution to reduce the spread of COVID-19; and IT IS FURTHER RESOLVED that the Town staff and legislative bodies are hereby authorized and directed to continue taking all actions necessary to carry out the

Resolution No. 22-

intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and
IT IS FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) August 6, 2022, or such time the Town Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the Town of Mammoth Lakes may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

APPROVED AND ADOPTED THIS 6th day of July 2022.
________________________________
LYNDA SALCIDO, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Appoint Paul Chang to the Mono County Local Transportation Commission.

Council Meeting Date: 7/6/2022
Prepared by: Haislip Hayes, PE Public Works Director / LTC Co-Executive Director Recommended Motion: Appoint Paul Chang to the Mono County Local Transportation Commission.

Summary:

Consistent with State law and established bylaws, the Mono County Local Transportation Commission (MCLTC) consists of six commissioners. Three commissioners appointed by the Town of Mammoth Lakes Town Council and three commissioners appointed by the Mono County Board of Supervisors. Each appointing authority may also select up to three alternative members to serve in the absence of their respective regular members. The Town of Mammoth Lakes appointments have recently included two Town Councilmembers and a member of the Planning and Economic Development Commission (PEDC). There are many benefits of including the PEDC in transportation issues discussed by the MCLTC. The Planning and Economic Development Commission Mobility Committee serves as an advisory body to the Planning and Economic Development Commission and staff regarding prioritization of Walk Bike Ride action items. PEDC participation in the MCLTC will provide for better integration of regional transportation planning efforts with local transportation planning efforts. The Council has appointed the Town Manager as an alternate member.

1 TOWN COUNCIL STAFF REPORT
Title: Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2004-1 (Fractional) Mello Roos District.

Meeting Date: July 6, 2022
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends that Town Council adopt the attached Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2004-1 (Fractional) Mello Roos District for Fiscal Year 2022/23.

BACKGROUND:

In 2005 the Town Council established Town of Mammoth Lakes Community Facilities District No. 2004-1 (Fractional) Mello Roos District. The District includes all fractional use developments within the Town, and the Town is authorized to levy a special tax upon these developments. The special tax is levied upon the property owners that annex into the District to fund authorized services and capital projects.

ANALYSIS:

The Municipal Code requires fractional/timeshare projects to annex into the Mello Roos District and pay the annual special tax. The special tax levied by the District is used to fund services in parks maintenance and the ice rink operations. Over time it is expected that the district will have increasing revenue as additional fractional/timeshare units are constructed and begin paying the special tax.

The resolution before the Council imposes the District’s special tax at the rate of $81.63 per week, or portion of week, of interest in a fractional unit. It also finds there are authorized services to be funded from the $200,003.64 in anticipated tax proceeds for Fiscal Year 2022/23. Amounts to be collected on the County tax bill must be submitted to the County by early August.

FINANCIAL CONSIDERATIONS:

The special tax, if levied as recommended, is anticipated to generate $200,003.64 in revenue that can be used for services such as parks maintenance and recreation. This is not a General Fund Tax, but a Mello Roos Tax. It is restricted to certain programs or services that were not in existence prior to formation of the Mello Roos District. This will continue funding what has been in place for multiple years and will continue to partially fund parks maintenance staff and ice rink operations. The annual levy, if approved by Council, will continue to be levied in the future.

2 The Mello Roos tax along with multi-use facilities revenues are programmed to fund multiuse facility operations. It is recommended that any funds collected not required for the current year would be used to repay the Parks, Recreation, and Trails Fund for loans from the Parks, Recreation, and Trails Reserve that have been made to help fund the ice rink in prior fiscal years.

RESOLUTION NO. 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX AND LEVYING

SPECIAL TAXES FOR TOWN OF MAMMOTH LAKES COMMUNITY FACILITIES DISTRICT NO. 2004-01 FOR FISCAL YEAR 2022/23
The Town Council (the “Council”) of the Town of Mammoth Lakes (the “Town”) does resolve as follows:

WHEREAS, the Town Council (the “Town Council”) of the Town of Mammoth Lakes, California (the “Town”), has previously formed the Town of Mammoth Lakes Community Facilities District No. 2004-01 (the “Community Facilities District”) under and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and WHEREAS, the Town Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes to pay for the costs of certain facilities, services, and to authorize the issuance of bonds secured by the special taxes under the Act; and WHEREAS, the Town Council, by prior ordinance, authorized and levied special taxes within the Community Facilities District; and
WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor; and WHEREAS, the Town Council desires to levy the special tax within the Community Facilities District for Fiscal Year 2022/23.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. The foregoing recitals are true and correct.

2. The Town Council hereby determines that the special tax requirement of the Community Facilities District for Fiscal Year 2022/23 is $200,003.64 and hereby levies the special taxes for Fiscal Year 2022/23 at the rate of $81.63 per week, or portion of week, of right of use or occupancy in a fractional unit. The rate of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2022/23 for the Community Facilities District is hereby determined and established in the table below.

Resolution No. 22-

Type of Property Weeks Owned
2022/23
Special Tax Rate
Fractional-Use Unit with 0 Lock Off 7 Weeks $571.44
Fractional Use Unit with 1 Lock Off 7 Weeks 1,142.88
Fractional-Use Unit with 0 Lock Off 9 Weeks 734.70
A detailed list of the special tax levied against each parcel subject to the special tax is set forth in Exhibit A hereto, which is approved by the Town Council and incorporated herein by reference. Based on Mono County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Mono County Auditor-Controller. The special tax amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the Rate and Method of Apportionment for the Community Facilities District. The Town Clerk is hereby authorized and directed to file with the Mono County Auditor-Controller, a certified list of all parcels subject to the Special Tax levy in Fiscal Year 2022/23 and the amount of the special tax to be levied on each such parcel for Fiscal Year 2022/23.

3. Town officers and staff are hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of special taxes for Fiscal Year 2022/23 as provided in this Resolution.

4. Any actions heretofore taken by the officers and staff of the Town with respect to the levy of the special taxes for Fiscal Year 2022/23 are hereby approved, confirmed, and ratified.

5. This Resolution shall take effect immediately upon its adoption.

6. The Town Clerk shall certify to the adoption of this resolution and shall cause the same to be processed in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 6
th day of July, 2022.

Lynda Salcido, Mayor
Town of Mammoth Lakes
ATTEST:

Jamie Gray, Town Clerk

Resolution No. 22-

Town of Mammoth Lakes

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
033-045-112-501 $571.44 $0.00 $571.44
033-045-112-502 571.44 0.00 571.44
033-045-112-503 571.44 0.00 571.44
033-045-112-504 571.44 0.00 571.44
033-045-112-505 571.44 0.00 571.44
033-045-112-506 571.44 0.00 571.44
033-045-112-507 571.44 0.00 571.44
033-045-112-508 571.44 0.00 571.44
033-045-114-501 1,142.88 0.00 1,142.88
033-045-114-502 1,142.88 0.00 1,142.88
033-045-114-503 1,142.88 0.00 1,142.88
033-045-114-504 1,142.88 0.00 1,142.88
033-045-114-505 1,142.88 0.00 1,142.88
033-045-114-506 1,142.88 0.00 1,142.88
033-045-114-507 1,142.88 0.00 1,142.88
033-045-114-508 1,142.88 0.00 1,142.88
033-045-121-501 571.44 0.00 571.44
033-045-121-502 571.44 0.00 571.44
033-045-121-503 571.44 0.00 571.44
033-045-121-504 571.44 0.00 571.44
033-045-121-505 571.44 0.00 571.44
033-045-121-506 571.44 0.00 571.44
033-045-121-507 571.44 0.00 571.44
033-045-121-508 571.44 0.00 571.44
033-045-122-501 571.44 0.00 571.44
033-045-122-502 571.44 0.00 571.44
033-045-122-503 571.44 0.00 571.44
033-045-122-504 571.44 0.00 571.44
033-045-122-505 571.44 0.00 571.44
033-045-122-506 571.44 0.00 571.44
033-045-122-507 571.44 0.00 571.44
033-045-122-508 571.44 0.00 571.44
033-045-123-501 571.44 0.00 571.44
033-045-123-502 571.44 0.00 571.44
033-045-123-503 571.44 0.00 571.44
033-045-123-504 571.44 0.00 571.44
033-045-123-505 571.44 0.00 571.44
033-045-123-506 571.44 0.00 571.44
033-045-123-507 571.44 0.00 571.44
033-045-123-508 571.44 0.00 571.44
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2004-01

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2004-01
033-045-124-501 571.44 0.00 571.44
033-045-124-502 571.44 0.00 571.44
033-045-124-503 571.44 0.00 571.44
033-045-124-504 571.44 0.00 571.44
033-045-124-505 571.44 0.00 571.44
033-045-124-506 571.44 0.00 571.44
033-045-124-507 571.44 0.00 571.44
033-045-124-508 571.44 0.00 571.44
033-045-211-501 571.44 0.00 571.44
033-045-211-502 571.44 0.00 571.44
033-045-211-503 571.44 0.00 571.44
033-045-211-504 571.44 0.00 571.44
033-045-211-505 571.44 0.00 571.44
033-045-211-506 571.44 0.00 571.44
033-045-211-507 571.44 0.00 571.44
033-045-211-508 571.44 0.00 571.44
033-045-212-501 571.44 0.00 571.44
033-045-212-502 571.44 0.00 571.44
033-045-212-503 571.44 0.00 571.44
033-045-212-504 571.44 0.00 571.44
033-045-212-505 571.44 0.00 571.44
033-045-212-506 571.44 0.00 571.44
033-045-212-507 571.44 0.00 571.44
033-045-212-508 571.44 0.00 571.44
033-045-213-501 571.44 0.00 571.44
033-045-213-502 571.44 0.00 571.44
033-045-213-503 571.44 0.00 571.44
033-045-213-504 571.44 0.00 571.44
033-045-213-505 571.44 0.00 571.44
033-045-213-506 571.44 0.00 571.44
033-045-213-507 571.44 0.00 571.44
033-045-213-508 571.44 0.00 571.44
033-045-214-501 571.44 0.00 571.44
033-045-214-502 571.44 0.00 571.44
033-045-214-503 571.44 0.00 571.44
033-045-214-504 571.44 0.00 571.44
033-045-214-505 571.44 0.00 571.44
033-045-214-506 571.44 0.00 571.44
033-045-214-507 571.44 0.00 571.44
033-045-214-508 571.44 0.00 571.44

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2004-01
033-045-215-501 571.44 0.00 571.44
033-045-215-502 571.44 0.00 571.44
033-045-215-503 571.44 0.00 571.44
033-045-215-504 571.44 0.00 571.44
033-045-215-505 571.44 0.00 571.44
033-045-215-506 571.44 0.00 571.44
033-045-215-507 571.44 0.00 571.44
033-045-215-508 571.44 0.00 571.44
033-045-216-501 571.44 0.00 571.44
033-045-216-502 571.44 0.00 571.44
033-045-216-503 571.44 0.00 571.44
033-045-216-504 571.44 0.00 571.44
033-045-216-505 571.44 0.00 571.44
033-045-216-506 571.44 0.00 571.44
033-045-216-507 571.44 0.00 571.44
033-045-216-508 571.44 0.00 571.44
033-045-217-501 571.44 0.00 571.44
033-045-217-502 571.44 0.00 571.44
033-045-217-503 571.44 0.00 571.44
033-045-217-504 571.44 0.00 571.44
033-045-217-505 571.44 0.00 571.44
033-045-217-506 571.44 0.00 571.44
033-045-217-507 571.44 0.00 571.44
033-045-217-508 571.44 0.00 571.44
033-045-218-501 571.44 0.00 571.44
033-045-218-502 571.44 0.00 571.44
033-045-218-503 571.44 0.00 571.44
033-045-218-504 571.44 0.00 571.44
033-045-218-505 571.44 0.00 571.44
033-045-218-506 571.44 0.00 571.44
033-045-218-507 571.44 0.00 571.44
033-045-218-508 571.44 0.00 571.44
033-045-221-501 571.44 0.00 571.44
033-045-221-502 571.44 0.00 571.44
033-045-221-503 571.44 0.00 571.44
033-045-221-504 571.44 0.00 571.44
033-045-221-505 571.44 0.00 571.44
033-045-221-506 571.44 0.00 571.44
033-045-221-507 571.44 0.00 571.44
033-045-221-508 571.44 0.00 571.44

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2004-01
033-045-222-501 571.44 0.00 571.44
033-045-222-502 571.44 0.00 571.44
033-045-222-503 571.44 0.00 571.44
033-045-222-504 571.44 0.00 571.44
033-045-222-505 571.44 0.00 571.44
033-045-222-506 571.44 0.00 571.44
033-045-222-507 571.44 0.00 571.44
033-045-222-508 571.44 0.00 571.44
033-045-223-501 571.44 0.00 571.44
033-045-223-502 571.44 0.00 571.44
033-045-223-503 571.44 0.00 571.44
033-045-223-504 571.44 0.00 571.44
033-045-223-505 571.44 0.00 571.44
033-045-223-506 571.44 0.00 571.44
033-045-223-507 571.44 0.00 571.44
033-045-223-508 571.44 0.00 571.44
033-045-224-501 571.44 0.00 571.44
033-045-224-502 571.44 0.00 571.44
033-045-224-503 571.44 0.00 571.44
033-045-224-504 571.44 0.00 571.44
033-045-224-505 571.44 0.00 571.44
033-045-224-506 571.44 0.00 571.44
033-045-224-507 571.44 0.00 571.44
033-045-224-508 571.44 0.00 571.44
033-045-311-501 1,142.88 0.00 1,142.88
033-045-311-502 1,142.88 0.00 1,142.88
033-045-311-503 1,142.88 0.00 1,142.88
033-045-311-504 1,142.88 0.00 1,142.88
033-045-311-505 1,142.88 0.00 1,142.88
033-045-311-506 1,142.88 0.00 1,142.88
033-045-311-507 1,142.88 0.00 1,142.88
033-045-311-508 1,142.88 0.00 1,142.88
033-045-314-501 1,142.88 0.00 1,142.88
033-045-314-502 1,142.88 0.00 1,142.88
033-045-314-503 1,142.88 0.00 1,142.88
033-045-314-504 1,142.88 0.00 1,142.88
033-045-314-505 1,142.88 0.00 1,142.88
033-045-314-506 1,142.88 0.00 1,142.88
033-045-314-507 1,142.88 0.00 1,142.88
033-045-314-508 1,142.88 0.00 1,142.88

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2004-01
033-045-315-501 1,142.88 0.00 1,142.88
033-045-315-502 1,142.88 0.00 1,142.88
033-045-315-503 1,142.88 0.00 1,142.88
033-045-315-504 1,142.88 0.00 1,142.88
033-045-315-505 1,142.88 0.00 1,142.88
033-045-315-506 1,142.88 0.00 1,142.88
033-045-315-507 1,142.88 0.00 1,142.88
033-045-315-508 1,142.88 0.00 1,142.88
033-045-318-501 1,142.88 0.00 1,142.88
033-045-318-502 1,142.88 0.00 1,142.88
033-045-318-503 1,142.88 0.00 1,142.88
033-045-318-504 1,142.88 0.00 1,142.88
033-045-318-505 1,142.88 0.00 1,142.88
033-045-318-506 1,142.88 0.00 1,142.88
033-045-318-507 1,142.88 0.00 1,142.88
033-045-318-508 1,142.88 0.00 1,142.88
033-045-321-501 571.44 0.00 571.44
033-045-321-502 571.44 0.00 571.44
033-045-321-503 571.44 0.00 571.44
033-045-321-504 571.44 0.00 571.44
033-045-321-505 571.44 0.00 571.44
033-045-321-506 571.44 0.00 571.44
033-045-321-507 571.44 0.00 571.44
033-045-321-508 571.44 0.00 571.44
033-045-322-501 571.44 0.00 571.44
033-045-322-502 571.44 0.00 571.44
033-045-322-503 571.44 0.00 571.44
033-045-322-504 571.44 0.00 571.44
033-045-322-505 571.44 0.00 571.44
033-045-322-506 571.44 0.00 571.44
033-045-322-507 571.44 0.00 571.44
033-045-322-508 571.44 0.00 571.44
033-045-411-501 1,142.88 0.00 1,142.88
033-045-411-502 1,142.88 0.00 1,142.88
033-045-411-503 1,142.88 0.00 1,142.88
033-045-411-504 1,142.88 0.00 1,142.88
033-045-411-505 1,142.88 0.00 1,142.88
033-045-411-506 1,142.88 0.00 1,142.88
033-045-411-507 1,142.88 0.00 1,142.88
033-045-411-508 1,142.88 0.00 1,142.88

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2004-01
033-045-414-501 1,142.88 0.00 1,142.88
033-045-414-502 1,142.88 0.00 1,142.88
033-045-414-503 1,142.88 0.00 1,142.88
033-045-414-504 1,142.88 0.00 1,142.88
033-045-414-505 1,142.88 0.00 1,142.88
033-045-414-506 1,142.88 0.00 1,142.88
033-045-414-507 1,142.88 0.00 1,142.88
033-045-414-508 1,142.88 0.00 1,142.88
033-045-415-501 1,142.88 0.00 1,142.88
033-045-415-502 1,142.88 0.00 1,142.88
033-045-415-503 1,142.88 0.00 1,142.88
033-045-415-504 1,142.88 0.00 1,142.88
033-045-415-505 1,142.88 0.00 1,142.88
033-045-415-506 1,142.88 0.00 1,142.88
033-045-415-507 1,142.88 0.00 1,142.88
033-045-415-508 1,142.88 0.00 1,142.88
033-045-418-501 1,142.88 0.00 1,142.88
033-045-418-502 1,142.88 0.00 1,142.88
033-045-418-503 1,142.88 0.00 1,142.88
033-045-418-504 1,142.88 0.00 1,142.88
033-045-418-505 1,142.88 0.00 1,142.88
033-045-418-506 1,142.88 0.00 1,142.88
033-045-418-507 1,142.88 0.00 1,142.88
033-045-418-508 1,142.88 0.00 1,142.88
033-370-001-501 734.71 (0.01) 734.70
033-370-001-502 734.71 (0.01) 734.70
033-370-001-503 734.71 (0.01) 734.70
033-370-001-504 734.71 (0.01) 734.70
033-370-001-505 734.71 (0.01) 734.70
033-370-001-506 734.71 (0.01) 734.70
033-370-002-501 734.71 (0.01) 734.70
033-370-002-502 734.71 (0.01) 734.70
033-370-002-503 734.71 (0.01) 734.70
033-370-002-504 734.71 (0.01) 734.70
033-370-002-505 734.71 (0.01) 734.70
033-370-002-506 734.71 (0.01) 734.70
033-370-004-501 734.71 (0.01) 734.70
033-370-004-502 734.71 (0.01) 734.70
033-370-004-503 734.71 (0.01) 734.70
033-370-004-504 734.71 (0.01) 734.70

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2004-01
033-370-004-505 734.71 (0.01) 734.70
033-370-004-506 734.71 (0.01) 734.70
033-370-005-501 734.71 (0.01) 734.70
033-370-005-502 734.71 (0.01) 734.70
033-370-005-503 734.71 (0.01) 734.70
033-370-005-504 734.71 (0.01) 734.70
033-370-005-505 734.71 (0.01) 734.70
033-370-005-506 734.71 (0.01) 734.70
033-370-006-501 734.71 (0.01) 734.70
033-370-006-502 734.71 (0.01) 734.70
033-370-006-503 734.71 (0.01) 734.70
033-370-006-504 734.71 (0.01) 734.70
033-370-006-505 734.71 (0.01) 734.70
033-370-006-506 734.71 (0.01) 734.70
033-370-007-501 734.71 (0.01) 734.70
033-370-007-502 734.71 (0.01) 734.70
033-370-007-503 734.71 (0.01) 734.70
033-370-007-504 734.71 (0.01) 734.70
033-370-007-505 734.71 (0.01) 734.70
033-370-007-506 734.71 (0.01) 734.70
033-370-009-501 734.71 (0.01) 734.70
033-370-009-502 734.71 (0.01) 734.70
033-370-009-503 734.71 (0.01) 734.70
033-370-009-504 734.71 (0.01) 734.70
033-370-009-505 734.71 (0.01) 734.70
033-370-009-506 734.71 (0.01) 734.70
033-370-024-000 0.00 0.00 0.00
033-370-025-000 0.00 0.00 0.00
033-370-026-000 0.00 0.00 0.00
033-370-028-000 0.00 0.00 0.00
270 Parcels $200,004.06 ($0.42) $200,003.64

Map of Properties within Community Facilities District 2004-1 (Fractional) Mello Roos as of June 2022

1 TOWN COUNCIL STAFF REPORT
Title: Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2005-1 (In Lieu DIF) for Fiscal Year 2022/23.

Meeting Date: July 6, 2022
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends that Town Council adopt the attached resolution ordering the levy and collection of assessment within the Community Facilities District No. 2005-1 (In Lieu DIF) for Fiscal Year 2022/23.

BACKGROUND:

In 2008, the Town Council established Town of Mammoth Lakes Community Facilities District No. 2005-1. The District permits a property owner to avoid paying a portion of the Development Impact Fees and instead annex into the District and pay an annual special tax. The Town is authorized to levy a special tax upon these property owners that annex into the District and the special tax will fund authorized services and capital projects.

ANALYSIS:

Fiscal Year 2022/23 will be the fifteenth fiscal year during which a property owner will be subject to the In Lieu DIF special taxes for this District.

The resolution before the Council imposes the District’s Maximum Facilities Special Tax and the Maximum Services Special Tax at the authorized adjusted rate for Fiscal Year 2022/23. It also finds that there are authorized services and authorized facilities to be funded from the tax proceeds for the fiscal year. Amounts to be collected on the County tax bill must be submitted to the County by the beginning of August.

The primary expenses are for administering the District and a funding contribution to capital projects listed on the Capital Improvement Program.

FINANCIAL CONSIDERATIONS:

The special tax, if levied as recommended, is anticipated to generate $2,683.64 in revenue for fiscal year 2022/23.

Future annexations added into the In Lieu District by future development provides an option for a developer to defer certain Development Impact Fees and ‘pass it on’ to future property owners, thereby reducing the cost to a developer.

RESOLUTION NO. 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX AND LEVYING

SPECIAL TAXES FOR TOWN OF MAMMOTH LAKES COMMUNITY FACILITIES DISTRICT NO. 2005-01 FOR FISCAL YEAR 2022/23
The Town Council (the “Council”) of the Town of Mammoth Lakes (the “Town”) does resolve as follows:

WHEREAS, the Town Council (the “Town Council”) of the Town of Mammoth Lakes, California (the “Town”), has previously formed the Town of Mammoth Lakes Community Facilities District No. 2005-01 (the “Community Facilities District”) under and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and WHEREAS, the Town Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes to pay for the costs of certain facilities, services, and to authorize the issuance of bonds secured by the special taxes under the Act; and WHEREAS, the Town Council, by prior ordinance, authorized and levied special taxes within the Community Facilities District; and
WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor; and WHEREAS, the Town Council desires to levy the special tax within the Community Facilities District for Fiscal Year 2022/23.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. The foregoing recitals are true and correct.

2. The Town Council hereby determines that the special tax requirement of the Community Facilities District for Fiscal Year 2022/23 is $2,745.58 and hereby levies the special taxes for Fiscal Year 2022/23 at the rate and by land use listed on Table A. A detailed accounting of the tax levied against each parcel subject to the tax is set forth in Exhibit A hereto which is approved by the Town Council and incorporated herein for reference. Based on Mono County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Mono County Auditor-Controller. The special tax amount to be levied and collected for the resubmitted parcel(s) shall be determined in

Resolution No. 22-

accordance with the Rate and Method of Apportionment for the Community Facilities District.

The Town Clerk is hereby authorized to direct and file with the Mono County AuditorController, a certified list of all parcels subject to the Special Tax levy in Fiscal Year 2022/23 and the amount of the special tax to be levied on each such parcel for Fiscal Year 2022/23.

3. Town officers and staff are hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of special taxes for Fiscal Year 2022/23 as provided in this Resolution.

4. Any actions heretofore taken by the officers and staff of the Town with respect to the levy of the special taxes for Fiscal Year 2022/23 are hereby approved, confirmed, and ratified.

5. This Resolution shall take effect immediately upon its adoption.

6. The Town Clerk shall certify to the adoption of this resolution and shall cause the same to be processed in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 6
th day of July, 2022.

Lynda Salcido, Mayor
Town of Mammoth Lakes
ATTEST:

Jamie Gray, Town Clerk
Town of Mammoth Lakes

Special Tax Classification
Building Square
Footage
Number of
Bedrooms
Maximum
Special Tax
Single Family Non-Transient Property >3,000 sf N/A $2,277.20 Single Family Non-Transient Property 1,500 - 3,000 sf N/A $1,528.90 Single Family Non-Transient Property <1,500 sf N/A $781.94 Single Family Transient Property N/A N/A $2,847.71
Multi-Unit Non-Transient Property N/A >=2 $1,328.37
Multi-Unit Non-Transient Property N/A <2 $681.00
Multi-Unit Transient Property N/A >=2 $1,837.50
Multi-Unit Transient Property N/A <2 $935.38
Mobile Home Property N/A N/A $1,650.03
Commerial/Office Property (sq ft) N/A N/A $1.77
Industrial Property (sq ft) N/A N/A $0.76
Special Tax Classification
Building Square
Footage
Number of
Bedrooms
Maximum
Special Tax
Single Family Non-Transient Property >3,000 sf N/A $468.38 Single Family Non-Transient Property 1,500 - 3,000 sf N/A $314.56 Single Family Non-Transient Property <1,500 sf N/A $160.74 Single Family Transient Property N/A N/A $569.54
Multi-Unit Non-Transient Property N/A >=2 $272.99
Multi-Unit Non-Transient Property N/A <2 $139.96
Multi-Unit Transient Property N/A >=2 $367.22
Multi-Unit Transient Property N/A <2 $187.07
Mobile Home Property N/A N/A $339.50
Commerial/Office Property (sq ft) N/A N/A $0.36
Industrial Property (sq ft) N/A N/A $0.15
Maximum Services Special Tax
Maximum Facilities Special Tax
Table A
Fiscal Year 2022/23
Town of Mammoth Lakes
Community Facilities District No. 2005-01

APN Special Tax Classification
Facilities
Special Tax
Services
Special Tax
Estimated Total Special
Tax Levy Amount
033-147-010-000 SFR Non-Transient >3,000 sf $2,277.20 $468.38 $2,745.58 Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2005-01

Map of Properties within Community Facilities District 2005-1 (In Lieu DIF) as of June 2022

1 TOWN COUNCIL STAFF REPORT
Title: Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2013-3 (Transit Services) for fiscal year 2022/23.

Meeting Date: July 6, 2022
Prepared by: Sierra Shultz, Deputy Airport Manager
RECOMMENDATION:

Staff recommends that Town Council adopt the attached resolution ordering the levy and collection of assessment within Community Facilities District No. 2013-3 (Transit Services) for Fiscal Year 2022/23.

BACKGROUND:

The Town developed the Community Facilities District (CFD) 2013-3 (Transit Services) in 2014 for subdivisions in the Resort Zone that allow transient occupancies. The imposition of such a tax at an appropriate rate would satisfy the fiscal impact requirements of the Town’s mitigation requirements for the 2007 General Plan Environmental Impact Report and the Intrawest Development Agreement to which the parcels are subject. The Town Council adopted Goals and Policies for Community Facilities District at the March 6, 2013 meeting. The Notice of Intent was adopted by Town Council Resolution No. 14- 147 on April 2, 2014.

Properties are not subject to the tax until a certificate of occupancy permit has been issued after construction. At this time there are 167 parcels within the District, 120 of which have their certificate of occupancy and will be levied.

ANALYSIS:

The special tax was previously levied in the original territory of the District beginning in fiscal year 2013/14 pursuant to Ordinance No. 13-04. The ordinance was passed and adopted by the Town Council on May 1, 2013, and the special tax was levied commencing in fiscal year 2014-15. The District including the Annexation Territories is to be levied each fiscal year to pay for services for the District and all costs of administering the District.

The Transit Services CFD No. 2013-3 tax rate for each qualified property beginning in the 2022/23 fiscal year is $190.38 per dwelling unit or transient rental room. The total special tax requirement for the district is $22,845.60. Staff expects there will be more properties to assess beginning in the next fiscal year.

2 FINANCIAL CONSIDERATIONS:

Properties included in the Community Facilities District require the payment of a special tax by transient projects.

The Transit Services CFD No. 2013-3 can be assessed at the maximum amount of $190.38 for each qualified property beginning in the 2022/23 fiscal year. This revenue will be added to and not replace other transit fees and Local, State, and Federal revenue the Town uses for Transit Services in the Town for guests and residents. The Transit Service CFD No. 2013-3 will assess 120 units at the rate of $190.38 for the Fiscal Year 2022/23, fulfilling the $22,845.60 need.

RESOLUTION NO. 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX AND LEVYING

SPECIAL TAXES FOR TOWN OF MAMMOTH LAKES COMMUNITY FACILITIES DISTRICT NO. 2013-3 (TRANSIT SERVICES) FOR FISCAL YEAR 2022/23 The Town Council (the “Council”) of the Town of Mammoth Lakes (the “Town”) does resolve as follows:

WHEREAS, the Town Council (the “Town Council”) of the Town of Mammoth Lakes, California (the “Town”), has previously formed the Town of Mammoth Lakes Community Facilities District No. 2013-3 (Transit Services) (the “Community Facilities District”) under and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and WHEREAS, the Town Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes to pay all or a portion of the services and maintenance related to the Town-wide transit system, and related appurtenances within or adjacent to the Community Facilities District; and
WHEREAS, the Town Council, by prior ordinance, authorized and levied special taxes within the Community Facilities District; and
WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor; and WHEREAS, the Town Council desires to levy the special tax within the Community Facilities District for Fiscal Year 2022/23.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. The foregoing recitals are true and correct.

2. The Town Council hereby determines that the special tax requirement of the Community Facilities District for Fiscal Year 2022/23 is $22,845.60 and hereby levies the special tax for Fiscal Year 2022/23 at the rate of $190.38 per dwelling unit or transient rental room. A detailed accounting of the tax levied against each parcel subject to the tax is set forth in Exhibit A hereto which is approved by the Town Council and incorporated herein for reference.

Based on Mono County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Mono

Resolution No. 22-

County Auditor-Controller. The special tax amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the Rate and Method of Apportionment for the Community Facilities District. The Town Clerk is hereby authorized and directed to file with the Mono County Auditor-Controller, a certified list of all parcels subject to the Special Tax levy in Fiscal Year 2022/23 and the amount of the special tax to be levied on each such parcel for Fiscal Year 2022/23.

3. Town officers and staff are hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of special taxes for Fiscal Year 2022/23 as provided in this Resolution.

4. Any actions heretofore taken by the officers and staff of the Town with respect to the levy of the special taxes for Fiscal Year 2022/23 are hereby approved, confirmed, and ratified.

5. This Resolution shall take effect immediately upon its adoption.

6. The Town Clerk shall certify to the adoption of this resolution and shall cause the same to be processed in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 6
th day of July, 2022.

Lynda Salcido, Mayor
Town of Mammoth Lakes
ATTEST:

Jamie Gray, Town Clerk
Town of Mammoth Lakes

Map of Properties within Community Facilities District 2013-3 (Transit Services) as of June 2022

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
031-080-059-000 $190.39 ($0.01) $190.38
031-080-060-000 190.39 (0.01) 190.38
031-080-061-000 190.39 (0.01) 190.38
031-080-074-000 190.39 (0.01) 190.38
031-080-075-000 190.39 (0.01) 190.38
031-110-026-000 0.00 0.00 0.00
031-197-000-000 0.00 0.00 0.00
031-197-001-000 190.39 (0.01) 190.38
031-197-002-000 190.39 (0.01) 190.38
031-197-003-000 190.39 (0.01) 190.38
031-197-004-000 190.39 (0.01) 190.38
031-197-005-000 190.39 (0.01) 190.38
031-197-006-000 190.39 (0.01) 190.38
031-197-007-000 190.39 (0.01) 190.38
031-197-008-000 190.39 (0.01) 190.38
031-197-009-000 190.39 (0.01) 190.38
031-197-010-000 190.39 (0.01) 190.38
031-197-011-000 190.39 (0.01) 190.38
031-197-012-000 190.39 (0.01) 190.38
031-197-013-000 190.39 (0.01) 190.38
031-197-014-000 190.39 (0.01) 190.38
031-197-015-000 190.39 (0.01) 190.38
031-197-016-000 190.39 (0.01) 190.38
031-260-006-000 0.00 0.00 0.00
031-260-007-000 0.00 0.00 0.00
031-260-008-000 0.00 0.00 0.00
031-260-009-000 190.39 (0.01) 190.38
031-260-010-000 0.00 0.00 0.00
031-260-011-000 0.00 0.00 0.00
031-260-012-000 0.00 0.00 0.00
031-260-013-000 0.00 0.00 0.00
031-260-014-000 0.00 0.00 0.00
031-260-015-000 0.00 0.00 0.00
031-260-016-000 0.00 0.00 0.00
033-370-004-000 0.00 0.00 0.00
033-370-004-501 190.39 (0.01) 190.38
033-370-004-502 190.39 (0.01) 190.38
033-370-004-503 190.39 (0.01) 190.38
033-370-004-504 190.39 (0.01) 190.38
033-370-004-505 190.39 (0.01) 190.38
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2013-3

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2013-3
033-370-004-506 190.39 (0.01) 190.38
033-370-006-000 0.00 0.00 0.00
033-370-006-501 190.39 (0.01) 190.38
033-370-006-502 190.39 (0.01) 190.38
033-370-006-503 190.39 (0.01) 190.38
033-370-006-504 190.39 (0.01) 190.38
033-370-006-505 190.39 (0.01) 190.38
033-370-006-506 190.39 (0.01) 190.38
033-370-007-000 0.00 0.00 0.00
033-370-007-501 190.39 (0.01) 190.38
033-370-007-502 190.39 (0.01) 190.38
033-370-007-503 190.39 (0.01) 190.38
033-370-007-504 190.39 (0.01) 190.38
033-370-007-505 190.39 (0.01) 190.38
033-370-007-506 190.39 (0.01) 190.38
033-370-009-000 0.00 0.00 0.00
033-370-009-501 190.39 (0.01) 190.38
033-370-009-502 190.39 (0.01) 190.38
033-370-009-503 190.39 (0.01) 190.38
033-370-009-504 190.39 (0.01) 190.38
033-370-009-505 190.39 (0.01) 190.38
033-370-009-506 190.39 (0.01) 190.38
033-370-010-000 0.00 0.00 0.00
033-370-011-000 0.00 0.00 0.00
033-370-012-000 0.00 0.00 0.00
033-370-013-000 0.00 0.00 0.00
033-370-014-000 0.00 0.00 0.00
033-370-015-000 0.00 0.00 0.00
033-370-016-000 0.00 0.00 0.00
033-370-017-000 0.00 0.00 0.00
033-370-018-000 0.00 0.00 0.00
033-370-019-000 0.00 0.00 0.00
033-370-022-000 190.39 (0.01) 190.38
033-370-023-000 190.39 (0.01) 190.38
033-370-024-000 0.00 0.00 0.00
033-370-025-000 0.00 0.00 0.00
033-370-026-000 0.00 0.00 0.00
033-370-028-000 0.00 0.00 0.00
033-371-001-000 190.39 (0.01) 190.38
033-371-002-000 190.39 (0.01) 190.38

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2013-3
033-371-003-000 190.39 (0.01) 190.38
033-371-004-000 190.39 (0.01) 190.38
033-371-005-000 190.39 (0.01) 190.38
033-371-006-000 190.39 (0.01) 190.38
033-371-007-000 190.39 (0.01) 190.38
033-371-008-000 190.39 (0.01) 190.38
033-371-009-000 190.39 (0.01) 190.38
033-371-010-000 190.39 (0.01) 190.38
033-371-011-000 190.39 (0.01) 190.38
033-371-012-000 190.39 (0.01) 190.38
033-371-013-000 0.00 0.00 0.00
033-371-014-000 0.00 0.00 0.00
033-371-015-000 0.00 0.00 0.00
033-371-016-000 0.00 0.00 0.00
033-371-017-000 0.00 0.00 0.00
033-371-018-000 0.00 0.00 0.00
033-371-019-000 0.00 0.00 0.00
033-371-020-000 0.00 0.00 0.00
033-410-002-000 190.39 (0.01) 190.38
033-410-003-000 190.39 (0.01) 190.38
033-410-004-000 190.39 (0.01) 190.38
033-410-005-000 190.39 (0.01) 190.38
033-410-006-000 190.39 (0.01) 190.38
033-410-007-000 190.39 (0.01) 190.38
033-410-008-000 190.39 (0.01) 190.38
033-420-001-000 190.39 (0.01) 190.38
033-420-002-000 190.39 (0.01) 190.38
033-420-003-000 190.39 (0.01) 190.38
033-420-004-000 190.39 (0.01) 190.38
033-420-005-000 0.00 0.00 0.00
033-420-006-000 190.39 (0.01) 190.38
033-420-007-000 190.39 (0.01) 190.38
033-420-008-000 190.39 (0.01) 190.38
033-420-009-000 190.39 (0.01) 190.38
033-420-010-000 190.39 (0.01) 190.38
033-420-011-000 190.39 (0.01) 190.38
033-420-012-000 0.00 0.00 0.00
033-421-001-000 190.39 (0.01) 190.38
033-421-002-000 190.39 (0.01) 190.38
033-421-003-000 190.39 (0.01) 190.38

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2013-3
033-421-004-000 190.39 (0.01) 190.38
033-421-005-000 190.39 (0.01) 190.38
033-421-006-000 190.39 (0.01) 190.38
033-421-007-000 190.39 (0.01) 190.38
033-421-008-000 190.39 (0.01) 190.38
033-421-009-000 190.39 (0.01) 190.38
033-421-010-000 190.39 (0.01) 190.38
033-421-011-000 190.39 (0.01) 190.38
033-421-012-000 190.39 (0.01) 190.38
033-421-013-000 190.39 (0.01) 190.38
033-421-014-000 190.39 (0.01) 190.38
033-421-015-000 190.39 (0.01) 190.38
033-421-016-000 190.39 (0.01) 190.38
033-421-017-000 190.39 (0.01) 190.38
033-421-018-000 0.00 0.00 0.00
033-421-019-000 190.39 (0.01) 190.38
033-421-020-000 190.39 (0.01) 190.38
033-421-021-000 190.39 (0.01) 190.38
033-421-022-000 190.39 (0.01) 190.38
033-421-023-000 190.39 (0.01) 190.38
033-421-024-000 190.39 (0.01) 190.38
033-421-025-000 190.39 (0.01) 190.38
033-421-027-000 190.39 (0.01) 190.38
033-421-028-000 190.39 (0.01) 190.38
033-421-029-000 190.39 (0.01) 190.38
033-421-030-000 0.00 0.00 0.00
033-421-031-000 190.39 (0.01) 190.38
033-421-032-000 190.39 (0.01) 190.38
033-421-033-000 0.00 0.00 0.00
033-421-034-000 190.39 (0.01) 190.38
033-421-035-000 190.39 (0.01) 190.38
035-281-000-000 0.00 0.00 0.00
035-281-001-000 190.39 (0.01) 190.38
035-281-002-000 190.39 (0.01) 190.38
035-281-003-000 190.39 (0.01) 190.38
035-281-004-000 190.39 (0.01) 190.38
035-281-005-000 190.39 (0.01) 190.38
035-281-006-000 190.39 (0.01) 190.38
035-281-007-000 190.39 (0.01) 190.38
035-281-008-000 190.39 (0.01) 190.38

APN
Estimated Special
Tax Levy Amount Rounding
Total Special
Tax Levy Amount
Exhibit A
Fiscal Year 2022/23 Special Tax Roll
Town of Mammoth Lakes
Community Facilities District No. 2013-3
035-281-009-000 190.39 (0.01) 190.38
035-281-010-000 190.39 (0.01) 190.38
035-281-011-000 190.39 (0.01) 190.38
035-281-012-000 190.39 (0.01) 190.38
035-281-013-000 0.00 0.00 0.00
035-281-014-000 0.00 0.00 0.00
035-281-015-000 0.00 0.00 0.00
167 Parcels $22,846.80 ($0.01) $22,845.60

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Re-appoint Michael Vanderhurst and Greg Eckert to the Planning and Economic Development Commission and appoint Silver Chesak, Scott Leif, Greg Newbry, Dan O’Connell, and Ben Wisner to the Parks and Recreation Commission.

Council Meeting Date: July 6, 2022
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Re-appoint Michael Vanderhurst and Greg Eckert to the Planning and Economic Development Commission with terms expiring on July 31, 2026. Appoint Silver Chesak, Scott Leif, Greg Newbry, Dan O’Connell, and Ben Wisner to the Parks and Recreation Commission with Dan O’Connell and Silver Chesak’s terms expiring on July 31, 2026 and the other three terms expiring on July 31, 2024.

Summary: Two terms of office are set to expire on the Planning and Economic Development Commission on July 31, 2022. The expiring seats are held by Michael Vanderhurst and Greg Eckert. Both incumbents reapplied and were the only applications received for the vacancies.

Two terms of office are set to expire on the Parks and Recreation Commission on July 31, 2022.

The expiring seats are held by Betsy Truax and Dan O’Connell. In addition, Parks and Recreation Commissioners Christ Constable, Laurel Martin, and Sean Turner resigned their seats on the Commission, and those three seats are set to expire on July 31, 2024. Five applications were received for the five vacancies. The applicants are Dan O’Connell, Silver Chesak, Scott Leif, Greg Newbry, and Ben Wisner.

The vacancies were noticed and published in the local newspaper and posted.

Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA, 93546
Ph: (760) 965-3600 extension 3602
Fax: (760) 934-7493

APPLICATION FOR PUBLIC SERVICE APPOINTMENT
INSTRUCTIONS:

A separate application is required for each appointive position for which you apply. Applications should be filled out completely so that the Town Council may fully evaluate your qualifications.

Once submitted, this application is a public document and is open for inspection and copying.

Return your completed application to: Town Clerk
Town of Mammoth Lakes
Post Office Box 1609
Mammoth Lakes, CA 93546

APPLICANT INFORMATION

NAME OF COMMISSION/COMMITTEE/BOARD DATE

NAME EMAIL ADDRESS

FIRST LAST

RESIDENCE ADDRESS HOME PHONE

MAILING ADDRESS CELL PHONE

CITY STATE ZIP HOW LONG HAVE YOU LIVED
IN MAMMOTH LAKES?

BUSINESS ADDRESS BUSINESS POSITION

CITY STATE ZIP BUSINESS PHONE

CIVIC EXPERIENCE
LIST CURRENT AND/OR PRIOR CIVIC EXPERIENCE (Include professional, charitable, and community organizations.)
NAME OF ORGANIZATION DATES SERVED OFFICE HELD (if any)

START END

REFERENCES
INCLUDE NAMES OF AT LEAST TWO (2) RESIDENTS OF MAMMOTH LAKES

NAME PHONE

OTHER RELEVANT EXPERIENCE/EXPERTISE

WHAT IS YOUR UNDERSTANDING OF THE ROLE/RESPONSIBILITY OF THE COMMISSION/ COMMITTEE/BOARD YOU SELECTED?
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION/COMMITTEE/BOARD? IF SO, HOW MANY?

ARE YOU INVOLVED IN ANY ORGANIZATIONS OR DO YOU HAVE ANY BUSINESS

INTERESTS THAT MAY RESULT IN A CONFLICT OF INTEREST IF YOU ARE APPOINTED TO THIS COMMISSION/COMMITTEE/BOARD?

WHAT ACTIVITIES OF THIS COMMISSION/COMMITTEE/BOARD ARE MOST INTERESTING TO YOU?

WHAT ACTIVITIES OF THIS COMMISSION/COMMITTEE/BOARD ARE LEAST INTERESTING TO YOU?

WHAT PROGRAMS/PROJECTS RELATED TO THE COMMISSION/COMMITTEE/BOARD THAT YOU HAVE SELECTED WOULD YOU LIKE TO SEE IMPROVED OR IMPLEMENTED?

HOW WOULD YOU APPROACH THE IMPROVEMENT OR IMPLEMENTATION OF THE PROGRAMS/PROJECTS LISTED ABOVE?
WOULD YOU BE AVAILABLE FOR MEETINGS IN THE:
_______ DAYTIME ________ EVENING ________ BOTH
Appointees will be required to take an Oath of Office and are subject to filing a Statement of Economic Interest pursuant to the Political Reform Act of the State of California. _____________________________________________________________ __________________

SIGNATURE DATE
06/27/2022

Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA, 93546
Ph: (760) 965-3600 extension 3602
Fax: (760) 934-7493

APPLICATION FOR PUBLIC SERVICE APPOINTMENT
INSTRUCTIONS:

A separate application is required for each appointive position for which you apply. Applications should be filled out completely so that the Town Council may fully evaluate your qualifications.

Once submitted, this application is a public document and is open for inspection and copying.

Return your completed application to: Town Clerk
Town of Mammoth Lakes
Post Office Box 1609
Mammoth Lakes, CA 93546

APPLICANT INFORMATION

NAME OF COMMISSION/COMMITTEE/BOARD DATE

NAME EMAIL ADDRESS

FIRST LAST

RESIDENCE ADDRESS HOME PHONE

MAILING ADDRESS CELL PHONE

CITY STATE ZIP HOW LONG HAVE YOU LIVED
IN MAMMOTH LAKES?

BUSINESS ADDRESS BUSINESS POSITION

CITY STATE ZIP BUSINESS PHONE

CIVIC EXPERIENCE
LIST CURRENT AND/OR PRIOR CIVIC EXPERIENCE (Include professional, charitable, and community organizations.)
NAME OF ORGANIZATION DATES SERVED OFFICE HELD (if any)

START END

REFERENCES
INCLUDE NAMES OF AT LEAST TWO (2) RESIDENTS OF MAMMOTH LAKES

NAME PHONE

OTHER RELEVANT EXPERIENCE/EXPERTISE

WHAT IS YOUR UNDERSTANDING OF THE ROLE/RESPONSIBILITY OF THE COMMISSION/ COMMITTEE/BOARD YOU SELECTED?
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION/COMMITTEE/BOARD? IF SO, HOW MANY?

ARE YOU INVOLVED IN ANY ORGANIZATIONS OR DO YOU HAVE ANY BUSINESS

INTERESTS THAT MAY RESULT IN A CONFLICT OF INTEREST IF YOU ARE APPOINTED TO THIS COMMISSION/COMMITTEE/BOARD?

WHAT ACTIVITIES OF THIS COMMISSION/COMMITTEE/BOARD ARE MOST INTERESTING TO YOU?

WHAT ACTIVITIES OF THIS COMMISSION/COMMITTEE/BOARD ARE LEAST INTERESTING TO YOU?

WHAT PROGRAMS/PROJECTS RELATED TO THE COMMISSION/COMMITTEE/BOARD THAT YOU HAVE SELECTED WOULD YOU LIKE TO SEE IMPROVED OR IMPLEMENTED?

HOW WOULD YOU APPROACH THE IMPROVEMENT OR IMPLEMENTATION OF THE PROGRAMS/PROJECTS LISTED ABOVE?
WOULD YOU BE AVAILABLE FOR MEETINGS IN THE:
_______ DAYTIME ________ EVENING ________ BOTH
Appointees will be required to take an Oath of Office and are subject to filing a Statement of Economic Interest pursuant to the Political Reform Act of the State of California. _____________________________________________________________ __________________

SIGNATURE DATE

Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA, 93546
Ph: (760) 965-3600 extension 3602
Fax: (760) 934-7493

APPLICATION FOR PUBLIC SERVICE APPOINTMENT
INSTRUCTIONS:

A separate application is required for each appointive position for which you apply. Applications should be filled out completely so that the Town Council may fully evaluate your qualifications.

Once submitted, this application is a public document and is open for inspection and copying.

Return your completed application to: Town Clerk
Town of Mammoth Lakes
Post Office Box 1609
Mammoth Lakes, CA 93546

APPLICANT INFORMATION

NAME OF COMMISSION/COMMITTEE/BOARD DATE

NAME EMAIL ADDRESS

FIRST LAST

RESIDENCE ADDRESS HOME PHONE

MAILING ADDRESS CELL PHONE

CITY STATE ZIP HOW LONG HAVE YOU LIVED
IN MAMMOTH LAKES?

BUSINESS ADDRESS BUSINESS POSITION

CITY STATE ZIP BUSINESS PHONE

CIVIC EXPERIENCE
LIST CURRENT AND/OR PRIOR CIVIC EXPERIENCE (Include professional, charitable, and community organizations.)
NAME OF ORGANIZATION DATES SERVED OFFICE HELD (if any)

START END

REFERENCES
INCLUDE NAMES OF AT LEAST TWO (2) RESIDENTS OF MAMMOTH LAKES

NAME PHONE

OTHER RELEVANT EXPERIENCE/EXPERTISE

WHAT IS YOUR UNDERSTANDING OF THE ROLE/RESPONSIBILITY OF THE COMMISSION/ COMMITTEE/BOARD YOU SELECTED?
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION/COMMITTEE/BOARD? IF SO, HOW MANY?

ARE YOU INVOLVED IN ANY ORGANIZATIONS OR DO YOU HAVE ANY BUSINESS

INTERESTS THAT MAY RESULT IN A CONFLICT OF INTEREST IF YOU ARE APPOINTED TO THIS COMMISSION/COMMITTEE/BOARD?

WHAT ACTIVITIES OF THIS COMMISSION/COMMITTEE/BOARD ARE MOST INTERESTING TO YOU?

WHAT ACTIVITIES OF THIS COMMISSION/COMMITTEE/BOARD ARE LEAST INTERESTING TO YOU?

WHAT PROGRAMS/PROJECTS RELATED TO THE COMMISSION/COMMITTEE/BOARD THAT YOU HAVE SELECTED WOULD YOU LIKE TO SEE IMPROVED OR IMPLEMENTED?

HOW WOULD YOU APPROACH THE IMPROVEMENT OR IMPLEMENTATION OF THE PROGRAMS/PROJECTS LISTED ABOVE?
WOULD YOU BE AVAILABLE FOR MEETINGS IN THE:
_______ DAYTIME ________ EVENING ________ BOTH
Appointees will be required to take an Oath of Office and are subject to filing a Statement of Economic Interest pursuant to the Political Reform Act of the State of California. _____________________________________________________________ __________________

SIGNATURE DATE

1 TOWN COUNCIL STAFF REPORT
Title: Public hearing continued from the June 15, 2022, Town Council meeting, for consideration of three appeals received for the May 11, 2022, Planning and Economic Development Commission decision to approve the Limelight Hotel entitlement application (Tentative Tract Map (TTM) 22-002, Use Permit (UPA) 22-001, and Major Design Review (DR) 22- 001)
Meeting Date: July 6, 2022
Prepared by: Kim Cooke, Senior Planner
Sandra Moberly, Community and Economic Development Director RECOMMENDATION:

Staff recommends the Town Council deny the appeals of the decision of the Planning and Economic Development Commission, approving Tentative Tract Map #TTM 22-002, Use Permit #UPA 22-001, and Major Design Review #DR 22-001, for the Limelight Hotel development project.

SUMMARY:

Proposal: The proposed project consists of the construction of a sixstory, 185,754 square-foot condominium hotel (Limelight Hotel) which features a mix of hotel and residential uses consisting of 151 hotel rooms and 15 for-sale residential condominium units. Parking for the development is located within an understructure parking garage that accommodates 179 vehicles and would be managed by full-time valet
parking staff. Amenities are oriented to hotel guests and residential owners, including a hotel lobby and bar, town hall dining, living room, meeting and conference rooms, kid’s area, ski club lounge, fitness center, outdoor pool and jacuzzi deck, outdoor seating/activity areas and roof-top patio.

Applicant / Property Owner: Aspen Skiing Company / Limelight Mammoth LLC Project Name: Limelight Hotel
Location: 5, 15, 17 and 49 Canyon Blvd., 106 Lake Mary Road and 107 Lakeview Blvd. (APNs: 033-390-007-000, 033-390-
006-000, 033-390-005-000, 033-390-004-000, 033-390-
003-000, 033-390-002-000 and 031-110-027-000)
Size of Property: Combined 6.91 acres (300,999.6 square feet)

2 Zoning: Plaza Resort (PR) and Specialty Lodging (SL) zone of the North Village Specific Plan
General Plan: North Village Specific Plan (NVSP)
Environmental Review: An Addendum to the North Village Specific Plan Supplemental Environmental Impact Report (1999 SPEIR)
was prepared for the Limelight Hotel Project.

BACKGROUND:

An entitlement application including a Tentative Tract Map, Use Permit and Major Design Review was submitted to the Town on February 7, 2022, for the proposed “Limelight Hotel” development project. The project consists of a six-story, 185,754- square foot condominium hotel located in the Plaza Resort and Specialty Lodging district of the North Village Specific Plan area. The proposed development would have a mix of hotel and residential uses including 151 hotel rooms and 15 residential condominium units. The hotel structure is located above an understructure parking garage that

3 accommodates 179 vehicles and would be managed by full-time valet parking staff. The Hotel’s amenities are oriented to hotel guests and residential owners, and include a hotel lobby and bar, town hall dining room, living room, meeting and conference rooms, kids’ area, ski club lounge, fitness center, outdoor pool and jacuzzi deck, and outdoor seating/activity areas.

Major Design Review applications for projects that are deemed significant by the Community and Economic Development Department require review by the Advisory Design Panel (ADP) prior to consideration by the Planning and Economic Development Commission (PEDC). An ADP meeting was held on March 7, 2022, to consider the project design and the ADP recommended specific design modifications to better meet the intent of The Village Design Guidelines. A second ADP meeting was not held because the design revisions made by the applicant successfully addressed the ADP’s recommendations.

May 11, 2022, PEDC Meeting
The Planning and Economic Development Commission held a noticed public hearing for the Limelight Hotel entitlement application on May 11, 2022. Numerous public comments were made during the public hearing which included objections regarding the level of CEQA review conducted for the project, concerns about the proposed geothermal well system, increased noise from the roof-mounted mechanical equipment, and concerns regarding the hotel roof design and perceived impacts to views from condominium units in the Westin.

The PEDC provided time for staff to respond to specific questions raised during the public hearing and requested a condition of approval be added to ensure the roofmounted mechanical equipment would comply with the Town’s Noise Ordinance. Staff read proposed language for the new condition of approval into the record, which was accepted by the PEDC (Condition #27 of Attachment 1). The PEDC closed the hearing and approved the project by a 3-0 vote with one “No” vote and one Commissioner recused due to a conflict of interest.

Project Appeals:

Three separate appeals were received within the 15-day appeal period following the project approval (Attachment 3).

Appeal
No. Person, Firm, or Agency Date Received
1 Ms. Jo Bacon, Community Member May 18, 2022
2 Garrett Higerd,
Mammoth Community Water District May 25, 2022
3 Bruce Favish,
Monache Condominium Owners Association, Inc. May 26, 2022

4 June 6, 2022, Applicant request to remove the geothermal well system from project:

In light of the two appeals which are focused on objections to the proposed geothermal well system and associated CEQA analysis, the applicant provided a written request to remove the geothermal component of the project. The applicant also acknowledged understanding that reintroducing a geothermal well system at a later date would be a significant change to the approved project, which would require a public hearing and approval by Town Council.

June 15, 2022, Town Council Meeting
The Town Council held a noticed Public Hearing to consider three appeals of the May 11, 2022, PEDC decision to approve the Limelight Hotel entitlement application. Staff informed the Council of the applicant’s request to remove the geothermal well system from the project application and requested the Council continue the public hearing to a date certain so that staff could respond to the request to modify the project description and revise applicable findings for approval. Town Council opened the public hearing and took public comments on the item. The public comments are paraphrased below and staff responses to comments are provided. Town council continued the Public Hearing to the July 6, 2022, Town Council meeting.

Verbal Comments: Staff Response:

Jo Bacon, community member: Commented that
the Town is relying on environmental
documents from 1991 and 1999 and noted that
much has changed since then. Ms. Bacon stated
that the project review process has lacked
coordination and public input. Ms. Bacon stated
that she would like the Town to be proactive
and for example, look back at the possibility of
a geothermal district and get ahead of the next
request that comes up rather than being in a
reactive position.

Staff consulted with Michael Baker
International (environmental consultant to the
Town) to determine if the 1999 Subsequent
Program EIR for the North Village Specific
Plan along with the 2017 Addendum prepared
for the “Mammoth Hillside” project would
adequately evaluate the project pursuant to
CEQA. The Town was advised that a CEQA
Addendum is the most appropriate document
to prepare for the Project.

Bruch Favish, Westin Monache owner and
representative: Commented on the previous roof
design presented for the Limelight Hotel and
other Limelight Hotel locations which in his
opinion, feature a more desirable roof design.

Mr. Favish stated that he believes that the
Limelight group has the expertise and ability to
address the Westin HOA concerns. Mr. Favish
stated the location of the Westin and the
Limelight Projects are unique based on location
and topography, and that this should have been
considered in the Design Review.

These comments are addressed in the Appeals
Analysis section of this staff report.

5 Mr. Favish commented on a lack of
transparency regarding the alternative grading
permit option that allowed the applicant to
obtain a rough grading permit under the
previous entitlement for the Mammoth Hillside
project. Mr. Favish stated that this option was
not presented to the public and that he learned
of it after the appeal hearing was scheduled.

Mr. Favish stated that the objection to the
permitted construction hours included in the
Westin Appeal appears to have been resolved
with staff.

Steve Bernard, Westin Monache HOA
President: Commented on concerns that the
PEDC was lenient in terms of enforcing the
regulations in the North Village Specific Plan.

Mr. Bernard stated that the requirement for a
substantially underground garage was not
enforced and that the garage is 19 feet above the
street which is not substantially underground.

Mr. Bernard also stated that a building in the
North Village is not supposed to be more than
100 feet long and the proposed building will be
300 feet long.

The Design Review application was reviewed
by the Advisory Design Panel (ADP) prior to
taking the PEDC public hearing. The applicant
made changes to the project design in
response to the recommendations provided by
the ADP.

The proposed understructure parking garage is
not required to be subterranean, and the design
is consistent with the applicable development
standards of the NVSP.
• Pg. 21 – Plaza Resort #4 states, “All
parking associated with PR facilities
shall be placed understructure or in
freestanding structured garages.”
• Pg. 24 – Specialty Lodging #3 states,
“Predominantly understructure
parking shall be required.”
The length of the structure complies with
following NVSP development standard:
 Pg.47(a) “Building length shall not
exceed 100 feet in one direction
without a substantial change in one or
more of the following elements:
direction, roof alignment, wall offset,
building height, exterior wall
materials/finish, setback.

Michelle Sullivan: Commented on the Limelight
Hotel plans including a reference to a “Westin
Height Variance” which Ms. Sullivan stated
does not exist and noted that such references
should be removed from publicly visible
A Covenant and Agreement Regarding Height
Limitations applicable to the “Mammoth
Hillside” site for the benefit of the Westin
Monache property, for the purpose of
restricting the height of improvements
constructed on the Mammoth Hillside

6 documents. property was executed on June 29th, 2004. The covenant sets a maximum building height
elevation of 8,130 feet above sea level. The
Covenant allows an additional five feet in
height to 8,135 feet above sea level for
antennae, chimneys, turrets, cupolas, and
similar roof appurtenances. The reference
“Westin Height Variance” is meant to refer to
the additional five-foot allowance in the
Height Covenant.

Comment Letters: Staff Response:

Ann Logan, Deputy Air Pollution Control
Officer with the Great Basin Unified Air
Pollution Control District:

The project description provided in the
addendum does not provide an adequate level of
detail regarding the specifics of the geothermal
component of the project.

District permits are required for geothermal
wells and for the geothermal power plant project
and are not currently listed or addressed in the
addendum. A District secondary source permit
is required for the construction of the hotel as
well. Additionally, construction projects and
geothermal operations are subject to District
Rules and Regulations including but not limited
to District Rule 401 – Fugitive Dust and Rule
404A–Particulate Matter, and Rule 424 –
Geothermal Emissions Standards.

The geothermal well system has been removed
from the project. GBUAPCD comments
regarding applicable permits and requirements
for the geothermal well system are no longer
applicable.

The project approval requires the applicant to
obtain a District Secondary Source Permit
pursuant to Condition of Approval #79 of the
Town Council Resolution.

Mr. Trevor Wilding, condominium owner at the
Mammoth View Villas: Comment letter
requests the following items be addressed:

1. What impact will there be on the view and the
sunlight that my south facing condo receives.

This might influence my heating bill.

2. Where will the wells be located on the hotel
property. Will the location of the wells and
other utilities create noise pollution for my
mountain experience?

3. Will the geothermic wells have a seismic
impact long term on the foundation and the
building structure of my condo?
The location of the condominium will not
experience shading from the proposed hotel
structure based upon the location of the
condominium and distance from the proposed
development. The project will not influence
heating needs for Mr. Wilding’s
condominium.

The geothermal well system has been removed
from the project so there would be no impact
associated with geothermal operations.

The North Village Specific Plan is intended to
be developed as an intensely focused
entertainment district and the Limelight Hotel
is Project consistent with the TOML General

7 4. Financially will the value of my condo on a
nightly basis be diluted due to the increased
number of rental units available in a
consolidated location?

5. I am concerned with the unknown unintended
consequences that will occur.

Plan land use designation and North Village
Specific Plan.

Comment regarding concern about unintended
consequences is noted.

APPEALS ANALYSIS:

1. Appeal from Ms. Jo Bacon: Alleges that the decision of the PEDC to approve the Limelight Hotel project with the proposed geothermal wells was not adequately analyzed for environmental impacts. The appeal also contends that insufficient information was provided regarding the California Geologic Energy Management Division (CalGEM) permitting process.
• The objections raised in the appeal regarding 1. Inadequate Environmental Impact Review with regard to the geothermal well component, and 2.

Inadequate Information on the well permitting process, are no longer applicable because the applicant has removed the proposed geothermal well system from the project.
• While the geothermal component of the project has been removed, the CalGem Permitting process was a subject of the appeal letters from Ms. Jo Bacon and MCWD. For informational purposes, Charlene Wardlow, CalGem will provide a description and will be available during the Public Hearing to answer questions about CalGem’s permitting process.

2. Appeal from Mammoth Community Water District (MCWD): In summary, the appeal states that MCWD is appealing the approval of the geothermal component of the project as an illegal action in violation of CEQA. MCWD does not object to or appeal any other portion of the approvals made by the PEDC.
• MCWD has formally withdrawn its appeal based on the applicant’s removal of the geothermal well system from the project and subsequent execution of a formal Letter of Intent by and between the Limelight Hotel Group and MCWD.

3. Appeal from the Monache Condominium Owners Association, Inc.: The appeal includes five main topic areas: 1) Objections to the Limelight Hotel roof design and mechanical equipment screening, 2) Potential noise impacts from roof-mounted mechanical equipment, 3) Hours of Construction extended to 10:00 p.m., 4) Objection to the CEQA Addendum with respect to noise associated with the construction and drilling phase of the geothermal wells, and 5) Alternative Grading Permit issuance and tree removal process.
• Topic 1: The appeal argues that the NVSP page 48. (11.a – Roof Design) provides that in order to approve a flat roof, findings must be made that the flat roof is required for snow management, upper-level exterior uses, or architectural character.

8 The appeal also contends that NVSP pg. 49 (13.d – Roof Appurtenances) requires mechanical equipment to be integrated into the roof design to avoid visual impact on other properties. A subsequent email from the appellant dated June 17, 2022, also alleges that views from the gondola are public views that would be degraded by the proposed hotel roof design.

Staff Response:

The applicable North Village Design Guidelines and Development Standards allow flat roofs within the North Village as follows:

The Design Guidelines applicable to Roof Form state, “Dominant roof pitches are to approximate 3:12- 6:12. Flatter roof slopes will be permitted for specific design effect or snow management purposes.” The applicant has indicated that the roof design is intended to hold snow and does not feature any roof slopes that will shed snow onto pedestrian walkways. The applicant indicates that this design is necessitated by the provision of public walkways and public spaces located around the entire perimeter of the structure.
“Mechanical equipment and elements such as video receivers must be concealed from view to the extent feasible…All roof top accouterments must be painted a dark color and be non-reflective.” The applicant has consolidated the roof-mounted equipment so that it may be screened from higher vantage points to the extent feasible. All roof material, mechanical equipment and screening walls will be painted to match the dark grey siding featured on the hotel structure. Condition of Approval #35 is included to ensure that roof mounted equipment is painted a dark color with non-reflective finish.
“When flat roof sections are used they must have a distinctive cornice or architectural feature to screen the flat potion.” A substantial parapet wall is incorporated into the design of the hotel structure which screens the flat roof as well as the roof-mounted equipment from public viewpoints and adjacent rights-of-way.

The North Village Specific Plan Development Standards applicable to Roof Design and Appurtenances allow flat roofs under the following conditions:
“Flat roofs will be allowed where required for snow management, upper-level exterior uses or architectural character.” The applicant provided a design narrative which describes the roof functionality and snow management intent as follows, “Small scale buildings utilize shallow roof forms to retain snow or steep roof forms to shed snow. A low sloped roof with a parapet can safely retain snow relative to its height. Roof overhangs in a high-rise building will minimally help with shelter from snow/rain. To aid this we have designed for stacked balconies to protect the levels below. Parapets can retain snow and act as a screen for mechanical equipment from public view below. “Our vision for the hotel is a contemporary interpretation of a traditional alpine building. The design is intended to contribute to the evolving character of the village but stay true to the core elements with the materials and design vocabulary. The building mass and parapets work to create a distinct and stepped massing. The parapet line of the roof is visually dynamic and ties the project forms together.”

9 The applicant provided the following additional reasons the roof design is beneficial for snow management and energy efficiency purposes:
 Low Slope Roofs are not flat. Typically, they are sloped at a minimum ¼” per foot slope.
 Low Slope Roofs manage snow loads more uniformly than pitched roofs.

Mammoth Lakes has snow loads of over 230 pounds per foot.  Low Slope Roofs are very energy efficient and provide opportunity for use of additional highly efficient rigid insulation types over the roof that create an energy efficient building.
 Snow retained on the roof provides an additional R-1 per inch of insulative value.
 Modern low slope roofs with single-ply membranes are designed to provide a completely waterproof barrier, and last longer than an asphalt shingle or tiled roof. Low Slope Roofs are safer for pedestrians at grade levels. Sloped roofs require snow clips, snow bars or other devices to hold snow on the roofs for safety. All roofs must be designed to hold the maximum snow loads.
 Low Slope Roofs also eliminate the danger of icicle build up or ice dams over roof eaves.
 Low Slope Roofs are more efficient and avoid energy issues with traditional sloped roof attics.
 Low Slope Roofs are more cost effective and minimize construction materials.
 Roof drains on Low Slope Roofs utilize electric snow melting systems to minimize ice and excessive snow build up.

The proposed hotel structure design was reviewed by the Advisory Design Panel (ADP) and no recommendations were provided regarding changes to the roof design of the hotel. The applicant has prepared rendered perspectives from the Westin that depict the color and placement of mechanical equipment, as well as the location and design of the mechanical equipment screen (Attachment 6).

In a June 17, 2022, email, Mr. Favish comments that the proposed Limelight Hotel will have significant aesthetic impacts on public views; in particular, “the proposed Limelight flat roof, with its array of rooftop mechanical equipment, may be visible to gondola passengers as they travel between Village station and Canyon lodge, more so now with trees removed at the north side [of] the property.” However, the view from the gondola overhead is not a protected public view. The environmental checklist form in the CEQA Guidelines (see Appendix G) defines a public view as one that is experienced from a publicly accessible vantage point. Here, the gondola is not considered publicly accessible as it requires purchase of a ticket to ride the gondola. Thus, it is not a public view with unrestricted access. Mr. Favish also cites to Ocean View Estates Homeowners Assn., Inc. v. Montecito Water District (2004) 116 Cal.App.4th 396 [“Ocean View Estates”], in support of his argument that both public and private views should be protected. However, in Ocean View Estates, the court determined that a fair argument could be made that the project has

10 significant aesthetic impacts because the county, in support of its policies and regulations, had requested the water district to include mitigation measures to protect private views. (Id. at 402-403.) Here, unlike the county in Ocean View Estates Homeowners Assn., the Town does not have any policies or regulations that require the protection of private views, and therefore this case is not applicable.

Even if the view from the gondola could be considered a publicly accessible vantage point, the Limelight Hotel would not have significant impacts because the structure does not obstruct views of the mountains in the background. Moreover, because the gondola is mobile and does not provide a fixed, stationary public vantage point, the view would be impacted for a few fleeting seconds as the gondola passes by the Project, if any. Once the gondola passes the Project, which would be a matter of seconds, the viewer would have unobstructed views of the Sherwins. This short duration of a minimally obstructed view does not substantially degrade the existing visual character or quality of the public view from the gondola. Thus, the project would have no impact in this regard and no further environmental review is required.
• Topic 2: The appeal argues that the screening of mechanical equipment should be designed to provide visual and acoustic screening. The appellant raises concerns regarding the collective sound of multiple pieces of roof-mounted equipment, and concern that if geothermal systems are removed the result will be more, louder equipment installed on the roof of the hotel. The appellant requests a noise study be required to consider various configurations of roof-mounted equipment and considered noise at the windows and balconies of the Westin.

Staff Response:

Condition of Approval #27 was incorporated into the PEDC Resolution at the May 11, 2022, meeting to address comments and concerns regarding potential noise levels from the roof-mounted mechanical equipment. Condition of Approval #27 is included in the Town Council Resolution and requires the applicant provide evidence that the roof-mounted equipment complies with the Town’s Noise Ordinance prior to issuance of a Building Permit.
• Topic 3: The appeal argues that the hours of construction should not be extended to 10:00 p.m. based upon language in the Town’s Noise Ordinance.

Staff Response:

Mr. Favish identified an error that was inadvertently made in the CEQA Addendum applicable to Mitigation Measure 5.6-1a. The hours for construction activities have been revised to the original hours noted in the 1999 SPEIR of 7:00 a.m. to 8:00 p.m.

This revision is now incorporated into the Addendum and the Conditions of Approval (Exhibit A).
• Topic 4: The appeal objects to the conclusions of the CEQA Noise analysis with respect to the construction and drilling phase of the geothermal wells.

11 Staff Response:

This objection is no longer applicable because the applicant has removed the geothermal well system from the project.
• Topic 5: Grading Permit and tree removal process transparency:

Staff Response:

A ministerial rough grading permit was applied for under the existing “Mammoth Hillside” entitlement after the Limelight Hotel entitlement approval was appealed to Town Council. Staff did not present this option to the PEDC because the staff report described the voluntary recission process required for the existing “Mammoth Hillside” entitlement as a component of the Limelight Hotel Project approval. At the time of the PEDC public hearing, the applicant intended to pull grading permits under the Limelight Hotel entitlement.

On Friday, June 3rd, Public Works and Planning staff walked the site with the superintendent to review trees marked for removal and tree protection measures prior to commencement of grading activities. Staff identified several additional trees that should be preserved and asked the superintendent to protect these specific trees. Staff was also shown the additional temporary buffers erected at the site to provide buffers from active bird nests that were located during the nesting bird survey of the site.

PROJECT PROPOSAL:

The Limelight Hotel development project includes a Tentative Tract Map application to consolidate the seven parcels and subdivide the property for hotel and condominium purposes. A Use Permit is required by the North Village Specific Plan for all new proposed subdivisions, and a Major Design review is required to ensure that the structure and site design complies with the applicable development standards and North Village Design Guidelines.

Changes to the approved project
Since the May 11, 2022, PEDC approval of the Project, the applicant has made the following changes in response to the three appeals of the PEDC decision:

1. Removal of the geothermal well system.

2. Addition of a small roof-top patio.

3. Rendered perspectives from the Westin looking east towards the Limelight Hotel to depict the roof-mounted mechanical equipment layout, color, and screening design.

Updated Project description
Two phases are identified on the site plan with the Limelight Hotel project identified as the first phase of development. The proposed hotel structure is a 6-level, 185,754 squarefoot condominium hotel consisting of 151 hotel rooms and 15 residential condominium units, and understructure parking for 179 vehicles. The hotel amenities are oriented to guests and residential owners, and include a lobby with bar, lounge, town hall dining area,

12 convenience retail, meeting spaces, kid’s area, ski club lounge, fitness center, outdoor pool and jacuzzi terrace, and a roof-top patio.

Nine check-in surface parking spaces are provided near the hotel entrance where a full-time valet parking service is proposed to manage all vehicle parking within the understructure garage. Since guests will not be able to self-park within the parking garage, a Valet Parking and Management plan was required to demonstrate the proposed valet parking strategy and operation. With the use of the valet parking program, the understructure parking garage provides a total of 179 vehicle spaces (including stacked parking spaces), where 152 spaces are required for the unit mix. An additional 16-space surface parking lot is proposed for the southern portion of the site to accommodate oversized vehicles, guest access to “selfparking,” and for use as a flexible event space.

The design of the hotel structure features “minimalist” style architecture with architectural details selected to compliment the contemporary aesthetic of the development. The architecture is representative of styles attributed to William Turnbull and Charles Moore, both of whom are referenced in the North Village Design Guidelines as examples for architectural inspiration for The Village. The project design emphasizes views through extended balconies with glass railings and large window openings. The building form is undulated to provide variation in the façade, and the application of different siding materials combined with steps in the roofline breaks down the masing of the building.

Advisory Design Panel recommendations from the original Concept Review design were incorporated into the revised design of the development and include the addition of a pedestrian stairway access from the Canyon Boulevard sidewalk frontage, incorporation of natural stone walls or a more textured concrete for the building base material, as well as a revised design for the visible portions of the parking structure adjacent to Canyon Boulevard.

The tallest (southern) portion of the hotel structure is 75 feet in height, measured from the garage roof elevation at the perimeter of the building. This building height excludes the height of the parking garage because the applicable building height standard in the North Village Specific Plan (NVSP Section 5. Building Heights) excludes the height of the parking podium (up to a maximum of 20 feet) when all or a portion of the building sits above a parking garage.

The Canyon Boulevard frontage features a service vehicle entrance to a subterranean service area that includes a trash compactor, dumpster and recycling area, mechanical rooms, hotel laundry area, maintenance, and office space. The service entrance location features a profile that exceeds 20 feet in height however, the applicable development standard requires the height of parking garages to be measured from natural grade, which results in a lower overall height measurement in this case due to the natural slope of the site. Additionally, the parking podium at this location is wrapped with an enclosed bicycle locker and equipment storage entrance with a storefront installation for pedestrian access. The height of the visible portions of the parking garage is also diminished with the increased building setback from Canyon Boulevard and enlarged perimeter landscape area compared to the original concept submittal. This increased setback results in a larger landscaped frontage with variations in topography along Canyon Boulevard.

13 The project, as proposed, is consistent with all applicable development standards of the NVSP and no amendments to the NVSP are requested (see Table 3, below, for an analysis of the project’s conformance with the applicable NVSP development standards).

Existing Site and Surrounding Land Uses
The project site consists of seven parcels and a total of 6.91- acres located at the northwest corner of Lake Mary Road and Canyon Boulevard. The property is within the North Village Specific Plan area and is zoned “Plaza Resort” and “Specialty Lodging.” The northerly 2.27-acres of the property is located within the Plaza Resort (PR) Zone and the southerly 4.7-acres of the site is located within the Specialty Lodging (SL) Zone. The site is forested and slopes upward from Lake Mary Road and Canyon Boulevard from an FIGURE 1 - LIMELIGHT HOTEL SITE PLAN

14 elevation of approximately 8,050 feet to 8,105 feet. The site also features previously disturbed areas where the site was used for temporary construction staging for the 8050 and the Westin developments. Abutting property to the west is developed with the Helios South Condominiums. Property to the north is developed with the Westin Monache Condominium Hotel. Abutting property to the southwest is developed with the Mammoth View Villas condominiums and property to the east across Canyon Blvd. is developed with the Village Plaza, the Gondola Building, 8050 condominiums, the Fireside Condominiums, and real-estate office. Table 1 further describes the surrounding land uses and zoning.

Table 1: Surrounding Land Uses and Zoning.

Location Zoning* Land Use Special Considerations
North NVSP (PR
Zone) Westin Monache condominium hotel
Building Height Easement applies to
Limelight Hotel property for the benefit of
the Westin property
South
(RMF-2
Zone) and

NVSP (SL)
Zone
Mammoth View Villas Condominiums
and Lakeview Townhomes North Village Specific Plan Boundary East

NVSP (RG
and
Mammoth
Crossing
Zone)
Village Plaza, the Gondola Building,
8050 condominiums, the Fireside
Condominiums, and real-estate office
Uses are across Canyon Boulevard
West (RMF-2) and

NVSP (SL)
Helios South Condominiums and
Lakeview Townhomes Development North Village Specific Plan Boundary *NVSP = North Village Specific Plan, PR = Plaza Resort, RG = Resort General, SL = Specialty Lodging, RMF-2 = Residential Multi-family -2
Site Zoning
As shown in Figure 2 below, the project site is zoned Plaza Resort (PR) and Specialty Lodging (SL). The proposed hotel structure crosses the Plaza Resort land use district boundary so that a portion of the hotel is also located within the Specialty Lodging district. The NVSP document clarifies how density and building height should be determined for buildings that cross a land use district boundary, and staff has reviewed the hotel plans based upon the guidance provided in the NVSP. • NVSP pg. 36(a) states, “Where parcels with different land use designations are merged to accommodate a building that crosses the original designation boundary, density may be combined such that the total density of the new parcel is equal to the sum of the densities for each parcel prior to the merger.” • NVSP pg. 39(d) states, “For buildings that cross a land use district boundary after merging parcels, the highest permitted and projected heights shall apply to the

15 entire building, providing the majority of building area us within the most liberal district.”
Staff has applied the same principle for calculating density and building height, to determine the maximum building area and site coverage since the building footprint is within two different zoning districts.

The NVSP document describes its relationship to the Town’s regulatory documents as follows, “The primary purpose of the North Village Specific Plan is to provide new land use guidelines and development standards for the North Village area which will enable the development of a cohesive, pedestrian-oriented resort activity node, with supporting facilities, to create a year-round focus for visitor activity in the Town of Mammoth Lakes (pg.3 NVSP).”
FIGURE 2 – NVSP ZONING

16 The Limelight Hotel project is classified as condominium hotel use because it includes a mix of hotel and residential condominium uses. This use classification is permitted in both the Plaza Resort (PR) and the Specialty Lodging zone subject to Design Review, Use Permit and Subdivision map approval (pg. 47 NVSP).

The NVSP regulates project density by zoning district, and measures density in rooms, where a “room” equates to one hotel room or one bedroom, loft, or sleeping area in residential uses. The allowed density in the PR Zone is 80 rooms/acre, and the allowed density in the SL Zone is 48 rooms/acre. This combination of permitted density results in a maximum density of 404 rooms for the entire 6.91-acre property. The project is consistent with the permitted density for the site because a total of 200 rooms are proposed between the 151 hotel rooms and 15 residential condominium units.

Additionally, since the proposed hotel amenities are oriented to guests of the hotel, these areas are exempted from the project density.

General Plan
The General Plan Land Use Designation “North Village Specific Plan” applies to all properties included within the NVSP. The General Plan describes this land use designation as a “designation intended to create a visitor-oriented entertainment retail and lodging district anchored by a pedestrian plaza and a gondola connection to Mammoth Mountain Ski Area. Uses include hotels and similar visitor accommodations along with supporting restaurants, retail, and services. Development projects will provide a wide range of amenities and services that enhance the visitor experience. Maximum overall density is 3,404 rooms and 135,000 square feet of commercial. The specific allocation of density, location of uses, and development standards are contained in the Specific Plan.” The General Plan Vision Statements and specific goals, policies, and actions with which the proposed project is consistent are described in Table 2:

Table 2: General Plan Conformance
Vision Statement Explanation of Project Conformance with Vision Statement
“Sustainability and continuity of our unique
relationship with the natural environment. As stewards, we support visitation and tourism as appropriate
means to educate and share our abundant resources.

We are committed to the efficient use of energy and
continuing development of renewable resources”
The project would provide a flag hotel that
enhances The Village image as a destination
resort by providing quality services,
recreational elements, and amenities
comparable to other destination resort areas.

Incorporation of a proposed renewable
geothermal energy system implements the
sustainable use of renewable resources for
hotel operations.
“Being a premier, year-round resort community based
on diverse outdoor recreation, multi-day events, and an ambiance that attracts visitors”
The project would provide a new
condominium-hotel project with 151 hotel
rooms available for nightly rental and 15
condominium units may also be rented
nightly. The development will contribute to

17 creating the critical mass and mix of uses
needed to ensure the Village’s success as
well as adding capacity to available lodging
that is central to The North Village.
“Protecting the surrounding natural environment and
supporting our small-town atmosphere by limiting the
urbanized area.”
The project is within the Urban Growth
Boundary and the proposed density is
consistent with the density allowed by the
General Plan and the North Village Specific
Plan. The
“Exceptional standards for design and development
that complement and are appropriate to the Eastern
Sierra Nevada mountain setting and our sense of a
“village in the trees””
The project was reviewed by the Town’s
Advisory Design Panel (ADP) with the goal
of providing design recommendations that
would result in improved consistency with
The Village design guidelines. The applicant
team made a number of changes to the design
of the project to address specific comments
from the ADP and to incorporate materials
and colors that are appropriate to the Eastern
Sierra. The proposed landscape design
incorporates ample tree plantings including
116 Jeffrey Pine trees to replace trees that
will be removed from the development
footprint.
“Offering a variety of transportation options that
emphasize connectivity, convenience, and alternatives
to the use of personal vehicles with a strong pedestrian emphasis.”
The project would improve pedestrian
connectivity within the North Village by
adding sidewalk along the south and property
frontages and extending north along the
vehicle driveway to the hotel entrance.

Additionally, the added density in the NVSP
pedestrian core will support transit ridership
from the adjacent transit hub (bus, shuttle,
gondola), in addition to having direct access
to the sidewalk and bicycle network.

Goal, Policy, or Action Explanation of Project Conformance with Goal, Policy, or Action
E.1. Be a premier destination community in order to
achieve a sustainable year-round economy.

The addition of a new flag hotel brand
located within the North Village will help to
achieve this goal by providing a modern
hotel lodging option for visitors within
walking distance of The Village core and
other local attractions.

E.1.D Encourage restaurants, retail, entertainment,
lodging, and services.

The project is a new condominium hotel use
with amenities oriented to guests of the hotel
including a hotel lobby with bar, lounge, town
hall dining area, convenience retail, meeting
spaces, kid’s area, ski club lounge, fitness
center, and outdoor pool and jacuzzi terrace.

18 E.3.C. Policy: Support development of major public
and private facilities that contribute to destination
resort visitation in Mammoth Lakes.

The proposed condominium hotel use
provides a flag hotel brand within The
Village setting which will contribute to a
greater variety of lodging options and
capacity as a destination resort.

C.2.A Create well-designed and significant public
spaces in resort/commercial developments to
accommodate pedestrians and encourage social
interaction and community activity.

The proposed hotel improves pedestrian
connectivity to The Village through the
addition of new sidewalk along the south
side of the property. A pedestrian oriented
outdoor terrace is provided along the length
of the hotel’s east side and provides spaces to
gather with seating and fire features, and
outdoor games, which encourages social
interaction as a gathering space or event
space.

C.2.T: Use natural, high quality building materials to
reflect Mammoth Lakes’ character and mountain
setting.

The project incorporates building materials
that create an aesthetic that combines the
look of natural materials with a modern
building aesthetic. The natural wood and
natural stone textures are consistent with the
Town’s character and mountain setting.

C.3.D: Development shall provide pedestrian oriented
facilities, outdoor seating, plazas, weather protection, transit waiting areas and other streetscape
improvements.

The proposed project will create a pedestrian
oriented terrace with outdoor seating,
entertainment, and gathering spaces.

L.1.C: Give preference to infill development. The project site is located within the NVSP and surrounded by development (see Table
1).

L.3.B: Develop vital retail centers and streets. Allowing for additional density in the NVSP would help to support the NVSP retail center.

L.5.A: Encourage and support a range of visitor
accommodations that include a variety of services and
amenities.

The project would provide increased capacity
for visitor accommodations and associated
services and amenities.

L.5.B: Locate visitor lodging in appropriate areas. Visitor lodging on the site is consistent with the General Plan and NVSP.

M.3.B: Reduce automobile trips by promoting and
facilitating walking, bicycling, local and regional
transit, innovative parking management, gondolas and
trams, employer-based trip reduction programs,
alternate work schedules, telecommuting, ride-share
programs, cross-country skiing and snowshoeing.

Additional density in the NVSP pedestrian
core would support transit ridership from the
adjacent transit hub (bus, shuttle, gondola),
as well as have direct access to the sidewalk
and bicycle network.

M.3.C: Reduce automobile trips by promoting land use
and transportation strategies such as: implementation
of compact pedestrian-oriented development; clustered
and infill development; mixed uses and neighborhood
The project site is an infill site within a
concentrated pedestrian core and mixed-use
area. Additional density allowed in the
pedestrian core area of the site would be

19 serving commercial and mixed-use centers. consistent with a compact pedestrianoriented development.

M.6.A: Develop efficient and flexible parking strategies to reduce the amount of land devoted to parking.

The project includes the use of full-time valet
parking staff to manage all parking within
the parking garage, which allows for use of
tandem and stacked parking spaces which,
reduces the amount of land that is dedicated
to parking.

North Village Specific Plan Consistency
The project is consistent with all applicable zoning requirements of the North Village Specific Plan (NVSP) for the Plaza Resort and Specialty Lodging zones. The project’s conformance with the applicable development standards is described in greater detail in the Analysis of Key Issues. A summary and analysis of the project’s conformance with applicable development standards is discussed in Table 3.

Table 3: Zoning Consistency
General Information
General Plan: North Village Specific Plan (NVSP) Specific Plan: North Village Specific Plan (NVSP) – Plaza Resort (PR) and Specialty
Lodging (SL) District
Zoning: North Village Specific Plan (NVSP) Overlay Zone: NVSP Pedestrian Core Overlay
Existing Land Use: Vacant Land Permit(s) Required for Use: Tentative Tract Map (TTM), Use Permit (UPA), and Major
Design Review (DR)
Development Standards
Standard Required/Allowed Proposed/Provided Complies?
Minimum Parcel Size (sf) 15,000 sf Phase I = 4 acres Yes Building Area (sf/acre) 75,000 sf/acre maximum
• (348,000 square feet
for Phase 1)
185,754 feet
(excluding structure
parking)
Yes
Site Coverage PR = 75% of 99,238 sq.ft.

SL= 60% of 75,415 sq.ft.

63.2% (110,450 s.f.
proposed)
Yes
Snow Storage 60% of all uncovered
parking and driveway
area (31,462 x .6)

60.6 % or 19,074 sq.ft. Yes
Density Standards
Standard Required/Allowed Proposed/Provided Complies?
Plaza Resort (PR) 80 rooms/acre (2.27
acres)
181.6 Yes
Specialty Lodging (SL) 48 rooms/acre (4.63
acres)
222.24 Yes
Total Rooms 404 rooms maximum 200 rooms Yes

20 Commercial Density 1 450 sf = 1 room Exempted because all hotel amenities are
oriented to hotel guests
Yes
Building Height 2
Permitted Height 75 feet 75 feet Yes
Projected Height 90 feet Not Utilized N/A
Parking Garage Maximum height of 20
feet
20 feet Yes
Building Levels 1-7 6 Yes
Setbacks (north side)3
Side Yard – north and west
internal side and rear lot
line of PR district
0 feet 45 feet Yes
Canyon Boulevard Setback (east side) 4
Standard Required/Allowed Proposed/Provided Complies?
Building Height 0-24 feet Minimum of 10 feet
required from EOP
10 feet Yes
Building Height: 25-34
feet
Minimum of 20 feet from
EOP
40 feet Yes
Building Height: 25-54
feet
Minimum of 30 feet from
EOP
40 feet Yes
Building Height: 55 feet + Minimum of 40 feet from
EOP
40 feet Yes
Lake Mary Road Setbacks (south side)
Standard Required/Allowed Proposed/Provided Complies?
Building Height: 0-24 feet Minimum of 10 feet from
EOP
60 feet Yes
Building Height: 25-34
feet
Minimum of 10 feet from
EOP
100 feet Yes
Building Height 35-54 feet Minimum of 20 feet from
EOP
100 feet Yes
Building Height 55 feet + Minimum of 40 feet from
EOP
100 feet Yes
Specific Plan Boundaries (southwest side)
Building Height: 0-24 feet Minimum of 10 feet 50 feet from property line
Yes
Building Height: 25-34
feet
Minimum of 20 feet 100 feet Yes
1 Commercial or restaurant space within a hotel serving only the guests of that hotel are excluded from density calculations.
2 When all or a portion of the building sits above a parking garage, building height shall be measured from the garage roof elevation at the perimeter of the building. Parking garages shall be no more than 20 feet above natural grade at any point (pg. 39 NVSP).
3 No setbacks required on internal side and rear lot lines of PR District. 4 Measured from the roadway i.e., edge of pavement (EOP)

21 Building Height: 35-54
feet
Minimum of 30 feet 100 feet Yes
Building Height: 55 feet + Minimum of 40 feet 100 feet Yes Parking
1-bedroom with lock-off
(1.5 space/unit)
51 units x 1.5 space =

76.5 See below for total
parking count
Yes
1-bedroom unit 51 Units x 1.05 space =

53.5 2-bedroom unit 2 units x 1.05 space = 2
3-bedroom unit 4 units x 1.5 space = 6
4-bedroom unit 4 units x 1.5 space = 6
5-bedroom unit 3 units x 1.5 space = 4.5
Check-In spaces 3 9 Yes
Restaurant/Bar/Meeting
Rooms/Accessory
Recreation Amenity
Not required for hotel
restaurants and amenities
oriented to the guests of
the hotel
N/A Yes
TOTAL PARKING 152 2045 Yes
Hotel guest access to a
minimum of (10% of
required parking)
15 16 Yes
Standard Required/Allowed Proposed/Provided Complies?
Delivery Parking Required Can be accommodated
at the service entry
portal off Canyon
Boulevard.

Yes
Bicycle Parking 33 spaces (0.2 bicycle
parking spaces per unit)
33 bicycle parking
spaces are provided
within the parking
garage near the main
vehicle entrance to
level 1
Yes
Other
Housing Mitigation: Consistent with the Town’s current Housing Ordinance (M.C. §17.136). The applicant has indicated that the applicable in-lieu housing fee applicable to each unit will be paid at Building Permit issuance.

Yes
5 Includes tandem and stacked spaces in the parking garage per the valet parking management plan.

22 ANALYSIS:

KEY ISSUE #1: Does the proposed project meet the Use Permit criteria and required Findings pursuant to Municipal Code (MC) Chapter 17.68.050 to permit a subdivision of the project site for a new condominium hotel use.

The North Village Specific Plan requires use permit approval and subdivision map approval for condominium uses. Staff has determined that the required findings can be met for approval of a Use Permit pursuant to Section 17.68.050 (Use Permit Findings) of the Town of Mammoth Lakes Municipal Code. Staff’s complete analysis of the required findings can be found in the project Resolution, included as Attachment A.

The proposed site layout and project design including proposed density and parking is consistent with the anticipated density for the site, which will be occupied and operated in such a way that will not be detrimental to the health and safety of the surrounding community nor injurious to properties or improvements in the vicinity since applicable mitigation measures adopted with the Mitigation Monitoring and Reporting Program of the NVSP SPEIR have been incorporated into the Conditions of Approval for this project.

KEY ISSUE #2: Does the proposed project meet the Design Review criteria pursuant to Municipal Code (MC) Section 17.88.050 and the Required Findings set forth in MC Section 17.88.060?
MC Section 17.88.020. The purpose of Design Review is to implement the General Plan policies related to community design and character, to promote excellence in site planning and design to complement the natural environment and enhance the image of the town as a mountain resort community, and to ensure that the architectural design of structures and their materials and colors are appropriate to the function of the project and visually harmonious with surrounding development.

The exterior colors and materials were submitted in a digital format for review by the Advisory Design Panel. Digital renderings along with the proposed colors and materials we provided with pictures, rather than physical samples due in part, because public meetings were being held virtually. Once physical color and material samples were received by Town staff on April 11th (shown below), staff determined that two of the proposed materials/colors do not provide the same appearance of the color or material that was reviewed digitally. These colors and materials should be modified to meet the intent of the North Village Design Guidelines and ADP recommendations. Staff suggests that the following conditions of approval be included for the project to ensure the design is consistent with the NVSP Design Standards and ADP recommendations:

23 •
• The color and finish for the “Anodized Aluminum Screen” surrounding visible portions of the parking garage should be changed to a darker color such as dark bronze and shall have a non-reflective finish.
• The color of the proposed “DRYVIT EIFS – Wood Grain Finish” siding material shall be changed to another wood grain finish that is darker and has less orange/peach tone.
• The applicant should provide a 3’ by 3’ foot mock-up of the proposed stone material and installation.
• The applicant should provide a more detailed elevation for the design of the retaining wall located at the corner of Canyon Boulevard and Lake Mary Road to ensure the design adequately diminishes the overall height of the wall. • The applicant should provide the proposed gate or roll-up door design for the service entrance portal off Canyon Boulevard.

With incorporation of the recommended conditions of approval noted above, staff finds that the applicant was successful in improving the design and functionality of the building and has met the overall intent of the Design Review criteria. Below is staff’s analysis of the project’s consistency with the Design Review criteria:

COLOR AND MATERIAL BOARD

24 Design Review Criteria:

To obtain design review approval, projects must satisfy these criteria to the extent they apply:

A. The site design and building design elements including the architectural style, size, design quality, use of building materials, and similar elements, combine together in an attractive and visually cohesive manner that is compatible with and complements the desired architectural and/or aesthetic character of the area and a mountain resort community, encourages increased pedestrian activity, and promotes compatibility among neighboring land uses.

The site and building design have been reviewed for consistency with the North Village Design Guidelines and presented to the Advisory Design Panel (ADP) for consideration. The ADP provided several consensus recommendations for revisions to the project design which would improve consistency with the North Village Design Guidelines. The applicant revised the project design in response to the ADP comments and has successfully improved the design and functionality of the building, as well as consistency with the applicable Design Guidelines.

Overall, the proposed building and site improvements combine together in an attractive and visually cohesive manner that is compatible with and complements the desired aesthetic character of a mountain resort community, encourages increased pedestrian activity, and accomplishes specific goals and policies specified in the North Village Specific Plan and the General Plan that seek to locate lodging uses in appropriate areas to reach critical mass and mix of uses that will support The Village’s success.

B. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the character of commercial districts and nearby residential neighborhoods.

The proposed streetscape design features a variety of site improvements including a new meandering pedestrian sidewalk along the west side of Canyon Boulevard, new pedestrian scale street lighting and ample landscape proposed at the project edges. The site design includes a pedestrian oriented outdoor terrace that is elevated from street level and features outdoor furniture and games for an outdoor gathering space. A pedestrian plaza is incorporated in the site design at street level at the north end of the project adjacent to the existing pedestrian crosswalk and transit stop. This area features bench seating and a condition of approval is included to require a transit shelter to be added.

C. Parking areas are located, designed and developed to foster and implement the planned mobility system for the area; buffer surrounding land uses; minimize visibility; prevent conflicts between vehicles and pedestrians and cyclists; minimize stormwater run-off

25 and the heat-island effect; and achieve a safe, efficient, and harmonious development.

All required long-term parking for the condominium hotel use is located within an understructure parking garage. The visible portions of the parking garage are screened with aluminum panels that provide natural ventilation inside the garage and minimize the appearance of the garage from Canyon Boulevard. A small 16-space surface parking lot is proposed at the south end of the property to accommodate oversized vehicles and provide guest access to a minimum of 10% of the required number of parking spaces. The design of the parking garage minimizes visibility and the heat-island effect because it is tucked underneath the footprint of the hotel structure and is effectively screened from street level.

D. Down-directed and shielded lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, minimize light pollution and trespass, and avoid creating glare.

The proposed exterior lighting plan provides light fixture specifications that provide appropriate scale based upon location and purpose. The variety of fixtures and lighting type adds interest throughout the site. All proposed exterior lighting is shielded to minimize light pollution and trespass. Condition of Approval #17 is included to ensure that exterior lighting is inspected and verified for compliance with Chapter 17.36.030 of the Town of Mammoth Lakes Municipal Code prior to the issuance of a certificate of occupancy.

E. Landscaping is designed to conserve water resources, promotes a natural aesthetic, and be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.

The proposed landscape plan is consistent with the recommendations of the Town of Mammoth Lakes Design Guidelines in that the design promotes a natural aesthetic through the use of native plant species that are prevalent in the Mammoth Lakes region. Approximately 152 existing trees will be removed to make way for the proposed hotel development and a total of 103 existing trees will be preserved on the site. 116 new Jeffrey Pine trees will be planted throughout the landscape as well as 44 Quaking Aspen trees and 66 Creek Dogwood Trees. The proposed tree plantings satisfy the tree mitigation requirements for a 1 to 1 replacement ratio.

Shrubs are incorporated into the landscape and include bitterbrush, bearberry, and sulfur buckwheat.

26 The landscape plan softens the perimeter of the hotel site and enhances the architectural features of the building, especially the warm wood appearance of the EIFS wood grain siding. A Landscape documentation package is required as Condition of Approval #30 to ensure the new landscape will comply with the Water Efficiency Landscape Ordinance (WELO).

In addition to the above criteria, the Municipal Code requires that a Design Review Application demonstrate consistency with the applicable standards and requirements of the Code, the General Plan and any applicable specific plan or master plan, The Town of Mammoth Lakes Design Guidelines, and any other requirements associated with previous or existing planning or zoning approvals for the site.

Consistency with The North Village Design Guidelines
Pursuant to the North Village Specific Plan, Design Guidelines adopted by the Town Council provide recommendations to be used in the design review process. They are intended to promote high-quality and thoughtful site and building design; visually interesting, appropriate, well-crafted and maintained buildings and landscaping; the use of durable high-quality, and natural materials that reflect Mammoth Lakes' character and mountain setting; and attention to the design and execution of building details and amenities in both public and private projects. The Design Review process is intended to implement the recommendations of the Town Design Guidelines, and the design review criteria are intended to encompass the primary design objectives included therein. In this case, staff finds that the Design Review criteria sufficiently address those elements of the Town Design Guidelines that are applicable to this project, and that staff’s analysis of the design review criteria above also effectively describes the project’s consistency with the Town Design Guidelines.

KEY ISSUE #3: Is the proposed project consistent State Subdivision Map Act? Pursuant to the State Subdivision Map Act, the project requires approval of a Tentative Tract Map since the project is a common interest subdivision that includes residential condominium units that can be individually owned and sold. Prior to issuance of a certificate of occupancy for any of the units, a final map, CC&Rs, and a condominium plan will require approval by staff and must be recorded on the property Title. Staff has reviewed the tentative map and finds that it is in conformance with the Town’s Subdivision Ordinance and the State Subdivision Map Act. Tentative Tract Map 22-002 is included in Attachment 6.

KEY ISSUE #4: Is the proposed project consistent with the California Environmental Quality Act (CEQA)?
An Addendum to the North Village Specific Plan Supplemental Program Environmental Impact Report (1999 SPEIR) was prepared for the Limelight Hotel project and is

27 included as Attachment 2. The environmental analysis presented in the CEQA Addendum demonstrates that the environmental analysis and impacts identified in the North Village Specific Plan Subsequent Program EIR remain substantively unchanged by the Project and supports the finding that the proposed Project does not result in any new environmental effects and does not exceed the level of impacts identified in the Subsequent Program EIR. There are no new measures required and no new alternatives available that would substantially reduce the environmental effects beyond those previously described in the certified 1999 SPEIR and the Mammoth Hillside Addendum.

FINANCIAL CONSIDERATIONS:

Three appeal applications were submitted along with the applicable fee of $1,942.00.

Pursuant to M.C. § 17.104.030.F – Refund of Appeal Fees, Appeal fees may be refunded only in the following situations:

1. Upon the conclusion of any appeal, where the Council upholds the appeal and overturns the decision of the review authority, the Council may also authorize the return of all, or a portion of the appeal fees; or

2. Upon the conclusion of any appeal, where the Council denies the appeal but finds that the appellant(s) raised issued of substantial merit, the Council may authorize the return of any portion of the appeal fees deemed just.

ATTACHMENTS:

1. Town Council Resolution

2. CEQA Addendum

3. Appeals 1 - 3

4. MCWD Appeal Withdrawal Letter

5. Applicant Response Letter to Westin Monache Owners’ Appeal

6. Project Plans and Renderings of Roof Mounted Equipment

7. June 15, 2022, Town Council Staff Report
https://pub-townofmammothlakes.escribemeetings.com/filestream.ashx?DocumentId=24297

8. May 11, 2022, PEDC Staff Report:
https://pub-townofmammothlakes.escribemeetings.com/filestream.ashx?DocumentId=23418

RESOLUTION NO. TC 22-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES DENYING THE APPEALS OF THE DECISION OF

THE PLANNING AND ECONOMIC DEVELOPMENT COMMISSION,
APPROVING TENTATIVE TRACT MAP 22-002, USE PERMIT 22-001, AND DESIGN REVIEW 22-001, AND ADOPTING ENVIRONMENTAL

FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT, TO APPROVE

THE LIMELIGHT HOTEL DEVELOPMENT PROJECT LOCATED
IN THE NORTH VILLAGE SPECIFIC PLAN AREA AT 5, 15, 17, AND 49 CANYON BOULEVARD, 107 LAKEVIEW BOULEVARD, 106 AND

UNADDRESSED PARCEL ON LAKE MARY ROAD
(APNs: 033-390-004-000, 033-390-005-000, 033-390-006-000, 033-390-007-000, 031-110-027-000, 033-390-002-000, and 033-390-003-000)

WHEREAS, a request for consideration of a Tentative Tract Map, Use Permit, and Major Design Review application was filed by Limelight Mammoth LLC, for the Limelight Hotel development project, a condominium hotel use comprised of 151 hotel rooms and 15 for-sale residential condominium units, with a total of 200 rooms. Parking for the development is proposed to be located within an understructure parking garage that accommodates 179 vehicles to be managed by full-time valet parking staff. All amenities are oriented to hotel guests and residential owners, including a hotel lobby and bar, town hall dining area, living room, meeting and conference rooms, kids’ area, ski club lounge, fitness center, outdoor pool and jacuzzi terrace, and outdoor seating/activity areas. The application was submitted in accordance with the North Village Specific Plan and Chapters 17.68 (Use Permits) and 17.88 (Design Review) of the Town of Mammoth Lakes Municipal Code, for property located within the Plaza Resort (PR) and Specialty Lodging (SL) zones of the North Village Specific Plan (NVSP) area at 5, 15, 17, and 49 Canyon Boulevard, 107 Lakeview Boulevard, 106 Lake Mary Road and adjacent unaddressed parcel; and
WHEREAS, the Planning and Economic Development Commission conducted a noticed public hearing for the application request on May 11, 2022, and considered, without limitation:

1. The staff report to the Planning and Economic Development Commission with exhibits;

2. The General Plan, State Subdivision Map Act, North Village Specific Plan, Municipal Code, North Village Design Guidelines, Subdivision Ordinance, and associated Land Use Maps;

3. CEQA Addendum to the NVSP Subsequent Program EIR (SPEIR) prepared for the Project;

4. Oral evidence submitted at the hearing;

5. Written evidence submitted at the hearing; and

6. Project plans consisting of:
a. Tentative Tract Map 22-02 Sheets T1 – T2, dated May 3, 2022; b. Project plan set dated April 1, 2022, including Site Plans, Floor Plans, Building Area and Lot Coverage Plan, Building Elevation Drawings and Perspectives, Building Section

Resolution TC 22-_____

Drawings, Snow Management Plan, Shadow Analysis, Landscape Plans, Hardscape Plans, and Lighting Plans consisting of 49 sheets;
c. Color and Material Board, dated received by the Town of Mammoth Lakes April 11, 2022.

WHEREAS, on May 11, 2022, the Planning and Economic Development Commission approved the Limelight Hotel development project application by a 3-0 vote of the Commission.

WHEREAS, during the 15-day appeal period following the Planning and Economic Development Commission approval, the Town received three separate appeals of the Commission’s decision; and
WHEREAS, the Mammoth Community Water District subsequently withdrew its appeal of the Commission’s decision on June 30, 2022; and
WHEREAS, on June 6, 2022, the applicant submitted a written request to remove the proposed geothermal well system from the project application because two of the three appeals received raised objections to the proposed geothermal system and the CEQA Addendum prepared for the Project; and
WHEREAS, the Town Council conducted a noticed public hearing on the application request on June 15, 2022, at which time all those desiring to be heard were heard and the public hearing was continued to a date certain, the July 6, 2022, Town Council meeting; and WHEREAS, on July 6, 2022, the Town Council conducted the continued public hearing on the application request and considered adoption of this Resolution, at which time all persons wishing to testify were heard and the Project was fully considered; and WHEREAS, prior to taking action, the Town has heard, been presented with, reviewed and considered all of the information and data in the administrative record and all oral and written evidence presented to it during all meetings and hearings; and

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES:

SECTION 1. FINDINGS.

I. CEQA.

EIR Addendum - California Environmental Quality Act Guidelines Section 15164 a. The Planning and Economic Development Commission, and subsequently the Town Council, considered the proposed Environmental Impact Report (EIR) Addendum for the Limelight Hotel project together with the North Village Specific Plan Subsequent Program EIR, including the Mitigation Monitoring and Reporting Program, and any comments received, and finds that on the basis of the whole record there is no substantial

Resolution TC 22-_____

evidence that the proposed Project will result in any new or increased significant effects on the environment.
b. The Town Council finds that the EIR Addendum reflects the lead agency’s independent judgment and analysis.
c. An addendum is adequate because the Addendum demonstrates that the environmental analysis and impacts identified in the North Village Specific Plan Subsequent Program EIR remain substantively unchanged by the Project and supports the finding that the proposed Project does not result in any new environmental effects and does not exceed the level of impacts identified in the Subsequent Program EIR. d. The custodian and location of the documents and other material which constitute the record of proceedings upon which this decision is based is the Town Clerk at the Town of Mammoth Lakes offices, 437 Old Mammoth Road, Suite 230, Mammoth Lakes, California 93546.
e. The Town Council finds that the Project will not result in a safety hazard or noise problem for persons using the Mammoth Yosemite Airport or for persons residing or working in the Project area with adherence to the mitigation measures identified in the North Village Specific Plan Subsequent Program EIR.
f. The mitigation measures applicable to the Project have been identified in the EIR Addendum and excerpted from the program for reporting on or monitoring the required mitigation measures.

II. MUNICIPAL CODE FINDINGS.

A. FINDINGS FOR USE PERMIT (Municipal Code Section 17.68.050)

1. The proposed use is consistent with all applicable sections of the General Plan and Title 17 of the Mammoth Lakes Municipal Code and is consistent with the North Village Specific Plan;
The proposed condominium hotel use is consistent with the 2007 General Plan in that the Neighborhood and District Character Element describes the North Village District as an intensely focused entertainment district with uses including hotels, and similar visitor accommodations along with supporting restaurants, retail, and other services.

The General Plan states that the specific allocation of density, location of uses, and development standards are contained in the Specific Plan.

In addition to being consistent with the applicable land use designation, General Plan policies with which the project is consistent include, but are not limited to the following:

Economy Element
 Policy E.1.D, “Encourage restaurants, retail, entertainment, lodging, and services.” The project is a new condominium hotel use with amenities oriented to guests of the hotel.

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 Policy E.3.C, “Support development of major public and private facilities that contribute to destination resort visitation in Mammoth Lakes.” The proposed condominium hotel is a flag hotel conveniently located within walking distance to The Village and the gondola building. The hotel increases lodging capacity and thereby contributes to destination resort visitation.

Community Design Element
 Policy C.2.A, “Create well-designed and significant public spaces in resort/commercial developments to accommodate pedestrians and encourage social interaction and community activity.” A pedestrian oriented, elevated promenade area is provided adjacent to the sidewalk, and while the space is oriented to guests of the hotel it provides a visible area with seating and fire features, which invites social interaction and gathering spaces, which may also be used for small events.

Mobility Element - Pedestrian
 Policy M.9.1, “Design streets, sidewalks, and trails to promote and encourage walking and improve accessibility.”
Actions M.9.1.1:
 Provide public spaces for pedestrians to gather and socialize;  Prioritize pedestrian access in building design;
 Incorporate street furniture, including benches, trashcans, attractive street lighting etc.;
 Provide appealing landscaping and public art.

The project design encourages pedestrian access around the entire perimeter of the hotel and hotel grounds by incorporating new sidewalk, paved walkways, a pedestrian promenade, and two pedestrian stairways providing access to the hotel grounds from Canyon Boulevard. The pedestrian-oriented promenade located on the east side of the structure allows unrestricted public access and areas for pedestrians to gather, socialize, and enjoy views to the Sherwin range. The hotel grounds feature outdoor furniture, benches, landscaping, outdoor games, and attractive street lighting.

The project is also consistent with the North Village Specific Plan (NVSP) because the project conforms to the applicable NVSP development standards, including, but not limited to, permitted uses, density, building area, site coverage, snow storage, building height, setbacks, and parking.

2. The proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health and safety nor materially injurious to properties or improvements in the vicinity; and The proposed use and the conditions under which it will be operated or maintained will not be detrimental to the public health and safety nor materially injurious to properties or improvements in the vicinity because the project is consistent with the intended uses for the site as specified in the North Village Specific Plan (NVSP), Plaza Resort (PR) and Specialty Lodging (SL) zoning designations, and the project complies with the

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development standards as specified in the NVSP for the subject site as evaluated in the 1999 SPEIR.

An Addendum to the 1999 NVSP SPEIR was prepared for the Limelight Hotel Project.

The Addendum determined that the project would not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. No new information has become available and no substantial changes to the circumstances (under which the project was being undertaken) since the certification of the 1999 SPEIR and the Mammoth Hillside Addendum has occurred.

There are no new measures required and no new alternatives available that would substantially reduce the environmental effects beyond those previously described in the certified 1999 SPEIR and the Mammoth Hillside Addendum.

Construction of the proposed project is required to comply with the conditions of approval for the project, which include applicable mitigation measures adopted for the certified Subsequent Program Environmental Impact Report for the 1999 North Village Specific Plan Amendment project (1999 SPEIR) (SCH #99-092082).

3. The Town Council shall make such other findings as deemed necessary to support approval or denial of the proposed use.

The proposed Limelight Hotel development is consistent with all of the development standards of the North Village Specific Plan including adequate understructure parking for the proposed use. Site improvements that benefit the surrounding developments and pedestrian connectivity include a new sidewalk along the south property frontage, creation of a pedestrian plaza at the north end of the project where a transit shelter is required pursuant to Engineering Division Conditions of Approval, and all new and existing electrical utilities within the development area will be placed underground.

The condominium hotel use will increase lodging capacity within close proximity to The Village core, where lodging uses are encouraged and anticipated in the NVSP and General Plan.

B. FINDINGS FOR DESIGN REVIEW PERMIT (Municipal Code Section 17.88.060)

1. The project is consistent with the applicable standards and requirements of the Municipal Code.

The project is consistent with the applicable standards and requirements of the Mammoth Lakes Zoning Code because the subject property is zoned North Village Specific Plan (NVSP), and the specific allocation of density, location of uses, and development standards are contained in the Specific Plan.

The proposed project is consistent with the NVSP because the project conforms to the applicable development standards for the Plaza Resort and Specialty Lodging districts of the NVSP including, but not limited to, allowable land uses, density, building area, site coverage, building height, setbacks, parking, snow storage, and design.

Additionally, affirmative findings for approval of the project have been made as required by the Municipal Code, for a Use Permit and Tentative Tract Map.

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2. The project is consistent with the General Plan and any applicable specific plan or master plan.

The proposed project is consistent with the 2007 General Plan land use designation for the site, which is designated North Village Specific Plan (NVSP), and because the proposed condominium hotel is a permitted land use within the Plaza Resort (PR) and Specialty Lodging (SL) zone of the NVSP, and the proposed density is consistent with the maximum allowable density permitted within the PR and SL districts.

The project would implement the goals and objectives identified for the North Village Specific Plan (NVSP) and the North Village District (General Plan Neighborhood and District Character Element) by providing a condominium-hotel use which results in increased lodging capacity within the North Village and thereby, supports visitation as anticipated for a resort destination. The proposed development provides amenities oriented to guests of the hotel as well as improved pedestrian connectivity through the addition of sidewalk and internal pedestrian pathways through the hotel grounds. The site design as a whole encourages and invites social gathering and pedestrian activity.

3. The project is consistent with the Town of Mammoth Lakes Design Guidelines.

The project is located within the North Village Specific Plan Area (NVSP), so it is subject to the North Village Design Guidelines rather than the Town of Mammoth Lakes Design Guidelines. The project is consistent with the North Village Design Guidelines because: (1) the site design takes advantage of the topography of the site in that the development utilizes the steep slope of the lot to accommodate an understructure parking garage and elevated pedestrian promenade; (2) the design of the hotel structure maximizes sun exposure onto sidewalk and pedestrian pathways which are predominantly located on the east side of the hotel facing the Village Plaza (3) the roofline of the hotel provides variation through varied wall heights and wall offsets. A parapet wall serves to screen roof-mounted equipment and incorporates a cornice detail to add depth and detail to the roof form; (4) the mass of the structure is broken up through building offsets and changes in siding material and color, as well through the placement of recessed and extended balconies; (5) the base of the building is scaled to the pedestrian form through the use of natural stone base material and storefront windows that define the first level of the hotel as well as through the addition of festoon lighting in the primary outdoor pedestrian areas; (6) the materials and colors are appropriate to The Village setting since they are made up of neutral and warm earthtone colors; and (8) the landscape design proposes the use of native plants and trees that are appropriate to the Mammoth Lakes region and the use of layering plants with natural boulders and retaining walls provide effective screening and softening at the edges of the development.

4. The project is consistent with the following additional Design Criteria (Zoning Code §17.88.050):

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a. The site design and building design elements including the architectural style, size, design quality, use of building materials, and similar elements, combine together in an attractive and visually cohesive manner that is compatible with and complements the desired architectural and/or aesthetic character of the area and a mountain resort community, encourages increased pedestrian activity, and promotes compatibility among neighboring land uses.

The site and building design have been reviewed for consistency with the North Village Design Guidelines and presented to the Advisory Design Panel (ADP) for consideration. The ADP provided several consensus recommendations for revisions to the project design which would improve consistency with the North Village Design Guidelines. The applicant revised the project design in response to the ADP comments and has successfully improved the design and functionality of the building, as well as consistency with the applicable Design Guidelines.

Overall, the proposed building and site improvements combine together in an attractive and visually cohesive manner that is compatible with and complements the desired aesthetic character of a mountain resort community, encourages increased pedestrian activity, and accomplishes specific goals and policies specified in the North Village Specific Plan and the General Plan that seek to locate lodging uses in appropriate areas to reach critical mass and mix of uses that will support The Village’s success.
b. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the character of commercial districts and nearby residential neighborhoods.

The proposed streetscape design features a variety of site improvements including a new meandering pedestrian sidewalk along the west side of Canyon Boulevard, new pedestrian scale street lighting and ample landscape proposed at the project edges. The site design includes a pedestrian oriented outdoor terrace that is elevated from street level and features outdoor furniture and games for an outdoor gathering space. A pedestrian plaza is incorporated in the site design at street level at the north end of the project adjacent to the existing pedestrian crosswalk and transit stop. This area features bench seating and a condition of approval is included to require a transit shelter to be constructed.
c. Parking areas are located, designed and developed to foster and implement the planned mobility system for the area; buffer surrounding land uses; minimize visibility; prevent conflicts between vehicles and pedestrians and cyclists; minimize stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.

All required long-term parking for the condominium hotel use is located within an understructure parking garage. The visible portions of the parking garage are screened with aluminum panels that provide natural ventilation inside the garage and minimize the appearance of the garage from Canyon Boulevard. A small 16- space surface parking lot is proposed at the south end of the property to accommodate oversized vehicles and provide guest access to a minimum of 10%

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of the required number of parking spaces. The design of the parking garage minimizes visibility and the heat-island effect because it is tucked underneath the footprint of the hotel structure and is effectively screened from street level. d. Down-directed and shielded lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, minimize light pollution and trespass, and avoid creating glare.

The proposed exterior lighting plan provides light fixture specifications that provide appropriate scale based upon location and purpose. The variety of fixtures and lighting types adds interest throughout the site. All proposed exterior lighting is shielded to minimize light pollution and trespass. Condition of Approval #16 is included to ensure that exterior lighting is inspected and verified for compliance with Section17.36.030 of the Town of Mammoth Lakes Municipal Code prior to the issuance of a certificate of occupancy.
e. Landscaping is designed to conserve water resources, promote a natural aesthetic, and be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.

The proposed landscape plan is consistent with the recommendations of the Town of Mammoth Lakes Design Guidelines in that the design promotes a natural aesthetic through the use of native plant species that are prevalent in the Mammoth Lakes region. Approximately 152 existing trees will be removed to make way for the proposed hotel development and a total of 103 existing trees will be preserved on the site. 116 new Jeffrey Pine trees will be planted throughout the landscape as well as 44 Quaking Aspen trees and 66 Creek Dogwood Trees. The proposed tree plantings satisfy the tree mitigation requirements for a 1 to 1 replacement ratio.

Shrubs are incorporated into the landscape and include bitterbrush, bearberry, and sulfur buckwheat.

The landscape plan softens the perimeter of the hotel site and enhances the architectural features of the building, especially the warm wood appearance of the EIFS wood grain siding. A landscape documentation package is required as Condition of Approval #31 to ensure the new landscape will comply with the Water Efficient Landscape Ordinance (WELO).

5. The project is consistent with any approved tentative map, use permit, variance, or other planning or zoning approval that the project required.

The proposed project is consistent with the associated tentative tract map and use permit as described in this Resolution and the associated staff report.

III. SUBDIVISION MAP ACT FINDINGS. (State Map Act §66474) a. The proposed map is consistent with applicable general and specific plans.

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The proposed map is consistent with applicable 2007 General Plan and the North Village Specific Plan (NVSP) because the proposed condominium hotel use is a permitted use in the Plaza Resort (PR) and Specialty Lodging (SL) districts of the North Village Specific Plan and is consistent with intended uses described in the General Plan Land Use description for the NVSP. The General Plan land use description for the NVSP states that the designation is intended to create a visitor-oriented entertainment, retail, and lodging district with uses including hotels, and similar visitor accommodations along with supporting restaurants, retail and services.

The proposed map would subdivide the proposed condominium hotel use for 15 forsale residential condominium units and a hotel. The project is also consistent with all of the applicable development standards prescribed by the NVSP, including, but not limited to, building area, site coverage, snow storage, building height, setbacks, and parking, and all utilities and access roadways can be improved and/or extended to service the project area.
b. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

The design and improvements of the subdivision are consistent with the applicable General Plan and the North Village Specific Plan because the NVSP establishes minimum parcel size for the creation of new parcels within the NVSP and allows for alternative parcel sizes to be established for condominium uses in accordance with the proposed development, and subject to the approval of a subdivision map and use permit. The project complies with all other applicable development standards applicable to the Plaza Resort (PR) and Specialty Lodging (SL) zones of the North Village Specific Plan.
c. The site is physically suitable for the type of development.

The site is physically suitable for the type of development proposed because the site area for Phase I of the project consists of four acres and the proposed development is situated on the site so as to comply with required setbacks and lot coverage standards.

Additionally, the site is an in-fill development, and all utilities and access roadways can be improved and/or extended to service the Project area. d. The site is physically suitable for the proposed density of development.

The site is physically suitable for the proposed density of development because the Phase I site area consists of four acres in size and the proposed density of 200 rooms complies with the permitted site density as allocated by the NVSP district zoning designations and district boundaries applicable to the Project site. e. The design of the subdivision or the proposed improvements are not likely to cause substantial environment damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision is not likely to cause substantial environmental damage or substantially injure fish or wildlife because the project is not located within an

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environmentally sensitive area. The 1999 SPEIR found all impacts to biological resources would be less than significant, and no new information has become available and no substantial changes to the circumstances (under which the project is being undertaken) since the certification of the 1999 SPEIR and the Mammoth Hillside Addendum has occurred.
f. The design of the subdivision and types of improvements is not likely to cause serious health problems.

The design of the subdivision is not likely to cause serious public health problems. No evidence has been submitted during the planning review process to indicate that the Project would cause any serious public health problems. All necessary public services are currently provided, or can be extended to, the site for those individuals occupying and using the condominium hotel facilities.
g. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision because all easements are shown on the tentative map and/or are required through the conditions of approval for the project. The property has access to Canyon Boulevard and Lake Mary Road, which provides adequate street alignment and width to serve the project. An easement will be granted to the public for use of the new sidewalk that will be constructed along the south property frontage.

SECTION 2. TOWN COUNCIL ACTIONS.

The Town Council hereby takes the following actions:

1. Makes the findings set forth hereinabove in subsections I-III (including all sub-subsections thereof) in Section 1 of this Resolution.

2. Finds that the CEQA Addendum prepared for the Limelight Hotel Project adequately analyzed the Project, and determined that there are no new mitigation measures required and no new alternatives available that would substantially reduce the environmental effects beyond those previously described in the certified 1999 SPEIR (SCH #99-092082) and the Mammoth Hillside Addendum.

3. Denies the two pending appeals and affirms the Planning and Economic Development Commission’s approval of the Limelight Hotel Project, as revised pursuant to applicant’s request to remove the geothermal well system from the Project, consisting of Tentative Tract Map (TTM) 22-002, Use Permit (UPA) 22-001, and Major Design Review (DR) 22-001 subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by reference.

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4. Directs Town staff to file a Notice of Determination with the County of Mono RegistrarRecorder/County Clerk and the State Clearinghouse within five (5) working days of the Town’s final Project approval.

PASSED, APPROVED AND ADOPTED this 6th day of July 2022.

LYNDA SALCIDO
MAYOR
ATTEST:

JAMIE GRAY

TOWN CLERK
APPROVED AS TO FORM:

ANDREW MORRIS

TOWN ATTORNEY

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STATE OF CALIFORNIA )

COUNTY OF MONO)

TOWN OF MAMMOTH LAKES)
I, Jamie Gray, Town Clerk of the Town of Mammoth Lakes, do hereby certify that the foregoing Resolution Number __________ was duly and regularly adopted by the Town Council of the Town of Mammoth Lakes at a regularly scheduled meeting thereof held on the 6th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

Jamie Gray, Town Clerk

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OWNER/APPLICANT:

I, Rana Dershowitz, Authorized Signatory for Limelight Mammoth LLC, am the property owner and I do hereby attest that I have read, and agree to, the conditions of approval stipulated within this Resolution.
_______________________________ Date: ________________
Rana Dershowitz, Authorized Signatory
Limelight Mammoth LLC
(Notary Required)

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Mono
}
On _________________before me, ____________________________________ personally appeared _____________________________________________________ who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity (ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_
Signature of Notary

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT “A”
Resolution No. TC 22-
Case No. TTM 22-002, UPA 22-001, DR 22-001

CONDITIONS OF APPROVAL

STANDARD PLANNING CONDITIONS

1. This approval authorizes the Limelight Hotel development project, a 185,754 square foot condominium hotel use comprised of a mix of hotel and residential uses including 151 hotel rooms and 15 for-sale residential condominium units for a total of 200 rooms. All amenities are oriented to hotel guests and residential owners and include full-time valet parking service, hotel lobby with a bar and lounge, town hall dining area, living room, meeting/conference rooms, ski club lounge, kid’s area, fitness center, an outdoor pool and jacuzzi deck, outdoor seating, and roof-top patio.

2. The approved site and building plans include: Tentative Tract Map 22-002 Sheets T1 – T2, dated May 5, 2022, and the Project Plan Set dated April 1, 2022, including Site Plans, Floor Plans, Building Area and Lot Coverage Plan, Building Elevation Drawings and Perspectives, Building Section Drawings, Snow Management Plan, Shadow Analysis, Landscape Plans, Hardscape Plans, and Lighting Plans consisting of 49 sheets, and two color and material boards, and roof top mechanical equipment layout, screening, and roof top patio renderings dated June 28, 2022, as amended pursuant to these conditions of approval.

3. The following colors and materials shall be revised and approved by the Community and Economic Development Director prior to issuance of a building permit for the project:
 The color and finish for the “Anodized Aluminum Screen” surrounding visible portions of the parking garage shall be changed to a darker color such as dark bronze and shall have a non-reflective finish.  The color of the proposed “DRYVIT EIFS – Wood Grain Finish” siding material shall be changed to darker wood tone with wood grain finish that has less orange/peach tone.
 Applicant shall provide a 3’ by 3’ foot mock-up of the proposed stone material and installation to provide a realistic representation for review and approval by the Community and Economic Development (CED) Director.  Applicant shall provide a detailed elevation of the proposed retaining wall located at the corner of Canyon Boulevard and Lake Mary Road for review and approval to ensure the design diminishes the appearance of the overall height and provides pedestrian scale as recommended by ADP.  Applicant shall provide the proposed gate or roll-up door design for the service entrance portal off Canyon Boulevard for review and approval.

4. This permit and all rights hereunder shall automatically terminate unless the site preparation or construction has been commenced within two years after the issuance of this permit and such work is diligently carried on until completion, or an extension of time has been granted in accordance with Municipal Code

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§17.60.060.B.

5. All new improvements constructed on the site shall be in compliance with all Town of Mammoth Lakes, County of Mono, Mammoth Community Water District, the Mammoth Lakes Fire Protection District, the CRWQCB Lahontan District, Great Basin Air Pollution Control District, OSHA, State of California and United States of America laws, statutes, ordinances, regulations, directives, orders, and the like applicable thereto and in force at the time thereof. Any violation of the above may constitute grounds for revocation under Chapter 17.128 of the Mammoth Lakes Municipal Code.

6. This resolution of approval, as conditioned herein, shall be recorded for the subject property by the Mono County Recorder’s Office to commence the approved use on the property or the issuance of any building permits for new or remodeled structures.

7. The site shall be maintained in a neat, clean and orderly manner. All improvements shall be maintained in a condition of good repair and appearance. Outdoor storage of equipment and other materials is prohibited, except as allowed through a temporary construction management plan approved by the Public Works Director.

8. Storage of construction materials and equipment off-site shall not be permitted without a permit issued by the Community and Economic Development Department of the Town. Any public or private property altered, damaged or destroyed by site preparation, grading, construction or use shall be restored to its pre-existing condition by the permittee.

9. All conditions of this permit shall be met or secured prior to final occupancy approval of any tenant improvements or new structures.

10. All uses are subject to review by the Building Official of the Town of Mammoth Lakes and must conform to occupancy ratings of the structures to obtain occupancy.

11. Town staff shall have the right to enter the subject property to verify compliance with these conditions. The holder of any permit associated with this project shall make the premises available to Town staff during regular business hours and shall, upon request make records and documents available to Town staff as necessary to evidence compliance with the terms and conditions of the permit.

12. Prior to the issuance of a building permit, the applicant shall pay all applicable fees as prescribed by ordinance and/or resolution and pay any fees due on the project processing account.

13. Where compliance with the conditions of approval or applicant initiated changes to the plans require additional staff review, that review time shall be billed at the Town’s established billing rates. Prior to the issuance of a building or grading permit, the applicant shall pay all outstanding costs for the processing of this application.

14. The applicant shall defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town and its agents, officers, or employees to attack, set aside, void, or annul, an approval of the Town, advisory agency, appeal board, or legislative body concerning this approval. The Town shall promptly notify the applicant of any

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claim, action, or proceeding and shall cooperate fully in the defense.

15. Pursuant to Government Code Section 66474.9 the subdivider shall defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town and its agents, officers, or employees to attack, set aside, void, or annul, an approval of the Town, advisory agency, appeal board, or legislative body concerning this approval, which action is brought within the time period provided for in Government Code Section 66499.37. The Town shall promptly notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the defense.

16. All exterior lighting shall comply with Section 17.36.030 of the Town of Mammoth Lakes Municipal Code, Exterior Lighting. Exterior light fixtures having a total of over 400 lumens of output shall be equipped with shields that extend below the horizontal plane of the light source to direct the light downward onto the structure or surrounding grounds. Accent lighting is permitted as described in Municipal Code Section 17.36.030.F.6. This shall be verified prior to issuance of a certificate of occupancy.

17. The project shall comply with the Guidelines for Erosion Control in the Mammoth area. This shall include submittal of a Report of Waste Discharge, if applicable.

18. A valid building permit and a permit from the Mammoth Lakes Fire Protection District are required before any building can begin on-site.

19. Water and sewer improvements require a construction permit from Mammoth Community Water District. Prior to the Town authorizing any construction, the applicant shall obtain water and sewer permits from Mammoth Community Water district and pay applicable fees to the District.

20. New or changed improvements, exterior illumination, elevations, designs, materials, or colors shall conform to the adopted Design Guidelines of the Town of Mammoth Lakes and will require review and approval from the Town of Mammoth Lakes Community and Economic Development Department or Planning and Economic Development Commission pursuant to Municipal Code Chapter 17.88.

21. A certificate of occupancy is required for all future tenant improvements within the subject structures. Tenant improvements shall identify occupancy separation requirements, disabled access requirements and compliance with all applicable building, electrical, plumbing, and fire code requirements.

22. These zoning entitlement conditions of approval shall be printed verbatim on all of the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the index.

23. Developers of residential properties shall include a disclosure statement indicating that Mammoth Lakes is an area of habitat for Mountain Lions, which indicates potential risk, particularly to small children and pets. (General Plan Mitigation Measure 4.3-1)

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SPECIAL PLANNING DIVISION CONDITIONS

24. The project shall comply with all applicable mitigation measures from the Subsequent Program Environmental Impact Report for the 1999 North Village Specific Plan Amendments. The applicable mitigation measures are included as conditions of project approval.

25. The Housing Mitigation requirements for this project shall be met through payment of the current applicable housing fee for residential uses in effect at the time of building permit submittal, unless an Alternate Housing Mitigation Plan (AHMP) in accordance with Municipal Code Chapter 17.136 is approved prior to building permit submittal. If an AHMP is proposed, it shall be reviewed by the Community and Economic Development Department prior to consideration of the AHMP by the Planning and Economic Development Commission. If the applicant requests that the AHMP be considered separately from the approval for the associated project, the applicant shall be responsible for payment of staff time at the Town’s established billing rates for the review and processing of the AHMP.

26. As required by the North Village Specific Plan (NVSP), the applicant shall comply with NVSP Housing Policy #3 that prohibits construction workers who reside outside of Mono or Inyo County to be housed in the RMF-1 zoning district.

Documentation of the provision of housing for contractor employees shall be provided to the Town, upon request.

27. Prior to the issuance of a building permit, the applicant shall provide evidence that the rooftop equipment complies with the Town’s Noise Ordinance.

28. Hotel room stays shall be short-term and shall be limited to no more than 30-days at a time.

29. All condominium units within the project that are rented on a transient / nightly basis are subject to the regulations of the Town’s Quality of Life Ordinance (Municipal Code Chapter 5.40).

30. The applicant shall submit Owner’s Association CC&Rs for the maintenance and control of common area for review and approval by the Community and Economic Development Director prior to issuance of a Certificate of Occupancy.

31. The project shall meet the requirements of Municipal Code Chapter 17.40 (Water Efficient Landscape Regulations), including the Landscape Documentation Package. A final landscape and irrigation plan shall be submitted to, and approved by, the Community and Economic Development Department prior to building permit issuance. Said landscape and irrigation plan shall substantially conform to the preliminary landscape plan approved by the Planning and Economic Development Commission. All landscape plantings shall be maintained in a healthy and growing condition at all times (as applicable for the season) and individual plants shall be replaced if they become diseased or die. Landscaping and irrigation systems within the public right-of-way within or adjacent to the project area shall be maintained by the property owner, with the exception of benefit assessment district areas.

Pursuant to the North Village Specific Plan, all trees greater than 12 inches dbh

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(diameter at breast height) that are required to be removed due to improvements, shall be replaced on a one-to-one basis either on-site or on an off-site approved by the Community and Economic Development Director. Trees recommended for removal based on health, overstock, etc. by a qualified professional are not required to be replaced. Trees used for revegetation and landscaping purposes shall be a minimum size of 2-inch caliper. Selective use of smaller native trees may be permitted. Shrubs used for revegetation and landscaping purposes shall be a minimum size of 2-gallon container category. If trees larger than 2-inch caliper are used, the total number of replacement trees may be reduced, subject to approval by the Community and Economic Development Director.

32. Prior to issuance of a certificate of occupancy for the project, bicycle parking shall be reviewed and approved by the Community and Economic Development Department and installed/operational. Pursuant to Municipal Code §17.44.090.A, the project shall provide bicycle parking at a minimum rate of 0.2 bicycle parking spaces per hotel unit for a minimum of 33 spaces (166 units x 0.2 = 33.2 spaces).

Of those 30 spaces, 15% are required to be for short-term use (generally less than 8 hours) and 85% are required to be for long-term use (generally all day, overnight, or seasonally).

33. Pursuant to Mitigation Measure 5.3-3c from the 1999 SPEIR (see attached Mitigation Measures), the project shall use minimally reflective glass and all of the window glazing shall meet the performance standards of HP Sun II, or equivalent, low-e factory installed gray tinted glass in order to reduce reflectivity. All interior lights shall be “ambient” lighting with the fixtures directed upwards onto the walls and ceilings so as not to be directly visible through windows. Canned, recessed lights should not be visible through the windows from outside of the building or off-site.

34. Sign permits are required prior to installation of any signage, and all signage shall comply with Municipal Code Chapter 17.48 (Signs) and the Town’s Design Guidelines. The monument sign will require approval from the Planning and Economic Development Commission Design Committee. Depending on the number and sign of the signs, a Master Sign Program may be required. The Master Sign Program will require subsequent review from the Community and Economic Development Department and approval form the Planning and Economic Development Commission.

35. All roof-mounted equipment shall be painted a neutral or dark color with a nonreflective finish.

36. No snow shall shed or be deposited onto adjacent properties or Town right-ofway. This shall include snow that is removed from any portion of the property, including, but not limited to, the structure, driveway, and/or common areas. All interim snow storage areas shall be on the subject property. The property owner shall be subject to fines pursuant to Municipal Code §12.16.030 (Snow Removal – Violation/Penalty) if found to be in violation of this condition.

37. Noise generated by the project shall meet the requirements of the Specific Plan and/or the Town’s noise regulations, as applicable.

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SPECIAL DISTRICT CONDITIONS

38. Prior to combustible materials being placed on-site, an all-weather access road shall be maintained or be constructed that serves all exterior portions of the structure to the satisfaction of MLFPD. During demolition and construction of the project, clear access shall be provided for fire apparatus and a reliable water supply shall be available at all times.

39. Access to and circulation through the project site for emergency vehicles shall comply with all Mammoth Lakes Fire Protection District and Town requirements.

Access for emergency vehicles shall be provided to all areas of the site, including, but not limited to, the interior central common area. All circulation/access roadways, bridges, etc. shall be constructed to support the weight of emergency vehicles pursuant to the Mammoth Lakes Fire Protection District requirements.

40. The parking structure shall comply with all applicable building and fire codes, including, but not limited to, egress requirements and fire sprinkler requirements dependent on the use and occupancy classification of the parking garage.

41. Fire department connections (FDC’s) shall be provided in accordance with Mammoth Lakes Fire Protection District requirements. At a minimum, the FDC sites shall have a parking location outside of the roadway large enough for a large capacity fire engine and be located within 50-feet of a fire hydrant.

42. A fire control room with exterior access in the vicinity of the primary Fire Department Connection (FDC) shall be provided. The final location and size shall be determined in conjunction with the Mammoth Lakes Fire Protection District.

43. The Mammoth Lakes Fire Protection District reserves the right, at the owner’s expense, to require the installation of a radio transceiver whenever a structure is constructed which inhibits standard portable two-way emergency radio communications.

44. The project shall comply with all Wildland Urban Interface requirements including, but not limited to, construction techniques, materials, and vegetation requirements.

45. Roof access shall be in accordance with all Mammoth Lakes Fire Protection District requirements

46. Propane lines serving the project shall meet all fire and building code requirements and shall be equipped with a readily available 90-degree shut-off isolation valve on the exterior of the project and an excess flow valve designed into the system.

47. Pursuant to CA Senate Bill 7 (Water Code §531.7, inter alia), water sub-meters shall be required for each individual condominium unit. This shall be shown on the plumbing plans and installation shall be verified by the Mammoth Community Water District prior to issuance of a certificate of occupancy.

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ENGINEERING DIVISION CONDITIONS
STANDARD CONDITIONS / GENERAL REQUIREMENTS:

48. A final map, consistent with the tentative map and the conditions herein, shall be recorded with the County Recorder of Mono County prior to the expiration of the approved tentative map. The final map shall conform to the Subdivision Map Act and the Subdivision Ordinance for the Town of Mammoth Lakes. The tentative map shall expire 24 months after the approval date. Failure to record the final map prior to the expiration will nullify all approvals, except as such time limitation may be extended by law or by the Planning and Economic Development Commission in accordance with the Subdivision Map Act.

49. Nothing in the approval of this tentative tract map shall be construed to allow for the deviation, adjustment, variance or non-conformance of any Municipal Code or ordinance, or of any local, State or federal standard, policy, regulation or law, unless specifically provided for herein.

50. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to individual ownership or until the maintenance is officially assumed by an appropriate district or property owners’ association.

51. All new utility lines within, adjacent to, or serving the site shall be placed underground.

52. The site grading design and all building construction shall conform to State and federal disabled access regulations.

53. Paved access is required to a maintained street. Street and traffic signs shall meet the California Manual of Uniform Traffic Control Devices (MUTCD).

54. Landscaping and irrigation systems within the public right of way, adjacent to the project area and within the project shall be maintained by property owner, with the exception of benefit assessment district and/or community facilities district areas.

55. Rights of way and improvements (including off-site) to transition traffic and drainage flows from proposed to existing shall be required as necessary.

56. Construction cost estimates for all required sureties shall be prepared and signed by a registered civil engineer. The estimates shall be a prevailing wage rates and the security shall include an additional 20% for construction contingencies and 20% for administrative costs and shall be reviewed and approved by the Public Works Director or designee prior to execution.

THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO
APPROVAL BY STAFF OF THE FINAL MAP:

57. The final map shall conform to the requirements of Town of Mammoth Lakes Ordinance 84-10 and all amendments thereto.

58. Slope rights adjacent to public rights of way shall be dedicated on the final map where necessary.

59. All easements and dedications shall be in a form and content acceptable to the Public Works Director.

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60. The applicant shall submit to the Town an electronic file of the final map in AutoCAD, or other format as may be approved by the Public Works Director, within 30 days of approval of the final map.

61. Copies of all exceptions, easements, restrictions and encumbrances listed in the preliminary title report together with a copy of the current grant deed and a current title report, a copy of each record map for the subject property shown within the tentative map boundary, and a copy of each and every adjacent map, deed or other document as necessary that establish, or were used for the survey of, and for the retracement of the subdivision boundary shall be submitted with the initial submittal of the final map.

62. A subdivision guarantee shall be issued and dated within 30 days prior to final map approval by the Planning and Economic Development Commission.

63. A preliminary soils report shall be filed with and reviewed by the Public Works Director. The report shall address and make recommendations as to the compacted and un-compacted fills on-site. A note shall be placed on the final map indicating which lots require grading remediation. An “as-graded” soils report shall be provided to the Town upon completion of the grading.

64. A form of security listed in Government Code Section 66499(a) and acceptable to the Town shall be posted to secure completion of all required grading, street and drainage improvements in accordance with the Municipal Code and the applicant shall enter into a subdivision improvement agreement for all required public improvements in accordance with the Subdivision Map Act. The agreement shall include provisions for the posting of warranty sureties for the accepted public improvements two weeks prior to Planning and Economic Development Commission approval of the final map. Construction cost estimates for all required sureties shall be prepared and signed by a registered civil engineer. The estimates shall be at prevailing wage rates and shall include 20% for construction contingencies and 20% for administrative costs. All sureties shall be posted prior to the issuance of a grading permit and prior to approval by staff of the final map.

65. Monumentation of the subdivision shall be installed in accordance with the Subdivision Ordinance of the Town, Ordinance 84-10. A street centerline monument well and monument shall be installed at the intersection of Canyon Boulevard and Lake Mary Road.

66. A form of security listed in Government Code Section 66499(a) shall be posted with the Town in a form acceptable to the Town Surveyor for any deferred final monumentation for the final map. The estimated amount of the surety shall be prepared by the licensed land surveyor preparing the final map and shall be approved by the Town Surveyor. The estimates shall be at prevailing wage rates and shall include 20% for construction contingencies and 20% for administrative costs.

67. All easements as shown on the tentative map shall be granted on the final map or recorded by separate document prior to or concurrent with recordation of the final map in a form and in content acceptable to the Town. Easements to be recorded by separate document shall be submitted to the Town for review and approval. The

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fully executed documents shall be submitted to the Public Works Director prior to approval of the final map. Easements shown on the tentative map to be granted or dedicated shall indicate the beneficiary of the easement(s).

68. Easements shown on the tentative map to the benefit of an agency other than the Town or to other parties shall be shown on the final map as “Easements Reserved”.

The owner’s statement on the final map shall reserve said easements unto themselves, their heirs and assigns.

69. All documents that are required to record prior to or concurrent with the recordation of the final map shall be reviewed and approved by the Town and shall be fully executed, notarized and ready for recordation prior to approval of the final map by Town staff. The originals of the executed documents shall be delivered to the Public Works Director together with the final map prior to approval of the final map.

70. The CC&Rs shall contain provisions granting rights of access and parking, as necessary, to the owners, tenants, and their guests, of the condominium units.

71. Existing CC&Rs, if any, encumbering the property shall be amended as necessary for the proposed development of this project.

72. The applicant shall submit a request for unit, building and street addressing to the Town. Approval of the addressing shall be completed prior to approval of the final map by staff.

73. Prior to approval of the final map by staff, the applicant shall provide evidence to the Town that the property taxes have been pre-paid to Mono County Tax Collector or their payment has been secured by the filing of a surety bond or other cashequivalent security acceptable to the County.

74. As required by the Town’s Subdivision Ordinance Section 17.20.160 and the most recent Town Council Resolution adopting a Schedule of Fees, the applicant shall pay a fee for each unit, parcel or lot, including lettered lots and parcels and common area lots or parcels created, to the Community and Economic Development Department for long range planning reimbursement prior to approval by staff of the final map.

75. If the subdivider elects to file multiple final maps, then prior to submittal of the first final map for the project, the applicant shall submit a development schedule of phasing and improvements for review and approval by the engineering and planning divisions of the Town. The Town may impose additional conditions relative to phasing and the filing of multiple maps in accordance with Section 66456.1 of the Subdivision Map Act. Phasing may only be permitted if discontinuous rights-ofway and substandard lots are not created by the phasing.

THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO

ISSUANCE OF AN ENCROACHMENT, GRADING, OR IMPROVEMENT
PERMIT:

76. Applicant shall be responsible for adhering to the Federal Migratory Bird Treaty Act and California Fish and Game Code Sections 3503 and 3503.5. It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird or bird-of-prey, except as otherwise provided by the Fish and Game Code or any regulation made

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pursuant thereto. Completion of, and submission to the California Department of Fish and Wildlife of, a nesting bird survey by a biologist with relevant qualifications within three days of initiation of site disturbance is recommended for projects that have the potential to disturb suitable nesting habitat, which may include riparian vegetation, mature trees, snags, and structures.

77. Applicant is responsible for compliance with the project SWPPP and the Guidelines for Erosion Control in the Mammoth area. This shall include submittal of a Report of Waste Discharge, if applicable.

78. If the project would disturb more than one acre, Applicant is responsible for obtaining a National Pollutant Discharge Elimination System (NPDES) permit. The NPDES permit shall be approved by the State Water Resources Control Board and Waste Discharger Identification (WDID) number issued prior to the issuance of a grading permit or building permit.

79. Applicant shall be responsible for obtaining a secondary source permit or letter of exemption from the Great Basin Unified Air Pollution Control District.

80. Construction of public water and sewer improvements shall require water and sewer construction permits from the Mammoth Community Water District. Grading plans shall be submitted to the Town for review and approval and a grading permit in accordance with the municipal code shall be obtained from the Town and all mitigating measures and best management practices to prevent erosion and to protect existing trees shall be constructed prior to work commencing for any and all water and sewer improvements.

81. All grading and public improvements, including driveways and parking areas, shall be consistent with the Town of Mammoth Lakes Standard Plans for Public Works.

82. The applicant shall obtain an easement or letter of permission to grade all areas requiring off-site grading prior to issuance of a grading permit or a building permit.

These areas shall be contour graded.

83. Applicant shall submit an application for an engineered grading permit to the Engineering Services Division of the Public Works Department in accordance with Chapter 12.08 of the Municipal Code. No change to the existing conditions of the site, including site grading, drainage interruption, land clearing, etc. shall be commenced until grading and drainage plans have been approved by the Public Works Director.

84. An engineered grading permit for the project shall not be issued unless one of the following has occurred:
a. Submission of a complete application for a building permit to the building division of the Community and Economic Development Department. The building official shall make the determination as to whether or not the application is complete; or
b. A form of security listed in Government Code Section 66499(a) and acceptable to the Town shall be posted to secure restoration and/or stabilization of the site.

Construction cost estimates for all required sureties shall be prepared and signed by a registered civil engineer. The estimates shall be at prevailing wage rates and shall include 20% for construction contingencies and 20% for

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administrative costs and shall be reviewed and approved by the Public Works Director or designee prior to execution.

85. An encroachment permit or a letter of exemption shall be obtained from the Engineering Services Division of the Town prior to construction within the public right-of-way in accordance with Chapter 12.04 of the Municipal Code.

Encroachment permit applicant shall include a traffic control plan as applicable.

86. Street and public improvement plans for streets, sidewalks, drainage, and other public/private infrastructure shall be prepared by a registered civil engineer and submitted to the Town for review and approval. Existing topography and proposed grading with sufficient contours intervals (not to exceed two feet) shall be prepared by a registered civil engineer or a licensed land surveyor.

87. Street profile grades shall not be less than 0.5% unless the engineer of work at the time of submittal of the improvement plans provides justification to the satisfaction of the Public Works Director confirming the adequacy of the grade and provided that drainage can be adequately maintained.

88. A thorough evaluation of the structural street section, to include parkway improvements, from a qualified civil and/or geotechnical engineer, shall be submitted to the engineering services division.

89. Final grading and improvement plans and profiles shall indicate the location of any existing utility facility that would affect construction. All existing utilities shall be shown on the improvement plans and relocated as necessary without cost to the Town. Existing overhead utilities requiring relocation shall be converted to underground.

90. Prior to approval of work in the Town right-of-way, the applicant shall contract with a soils testing engineer. Any proposed grading within the street right-of-way shall be done under the direction of the soils testing engineer. Compaction tests of embankment construction, trench backfill, and all sub-grades shall be performed at no cost to the Town. Prior to placement of any base materials, and/or paving, a written report shall be submitted by the soils testing engineer to the Public Works Director for review and approval.

91. Prior to issuance of a grading permit or building permit, Applicant shall submit to the Town a geotechnical report that confirms that the proposed stormwater retention infiltrator locations will not be subject to groundwater entering the drywell or cause leaching. A sediment and oil water separator shall be installed in conjunction with the infiltrator, substantially in conformance with NPDES water quality Phase 2 requirements.

92. Slope stability tests are required for all cuts greater than 2:1 or fills greater than 3:1 (H:V).

93. Drainage across the property shall be maintained. The design of the grading and drainage facilities shall not create concentrated discharges to adjacent properties and/or public rights of way in excess of historical flows. A registered civil engineer shall investigate existing facilities and design adequate drainage facilities to intercept and conduct the drainage flows around or through the site in a manner that will not adversely affect adjacent or downstream properties. The Engineer shall

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verify that downstream facilities, and drainage channels accepting site flows are not adversely affected by an increase in runoff from this development. If the project does create concentrated or sheet flows off-site that are greater than historical, the applicant shall demonstrate that the downstream facilities can accommodate the increased flows; otherwise, the applicant shall provide on-site detention for excess flows.

94. A final hydrology and hydraulics study is required and shall be submitted with the grading and improvement plans for the project. The study shall be prepared in accordance with the grading chapter of the municipal code and the adopted Storm Drain Master Plan of the Town and shall be prepared by a registered civil engineer.

The study shall include runoff from the entire site and shall also include runoff that enters the property from all upstream sources, and shall include all storm drains, drywells, infiltrators and surface flows. The study shall indicate the method of conveying surface and underground runoff and shall address drainage conveyances downstream to the extent they exit to an existing facility or natural drainage course.

All existing drainage facilities on-site and tributary to the site shall be identified and shown on the grading plans. The hydraulic calculations shall include all pipe flows, velocities and head loss calculations sufficient to show the adequacy of all conveyance systems. Q100 and V100 and the hydraulic grade line for all public storm drains and all facilities with an equivalent diameter of 18 inches or greater shall be shown on the approved grading and improvement plans. The drainage study for the project and the final design of the storm drain system shall be approved prior to approval by staff of the grading and improvement plans and the final map.

Infiltrators and storm water pollution prevention facilities are to be designed to accept the “first flush” levels of runoff. The capacity of these facilities shall not be assumed to reduce storm water flows of other drainage facilities that may be required for the project.

95. Temporary and permanent erosion control plans shall be included with the grading, improvement, and building plans. Continuous water spraying or other approved methods shall be used during grading operations to control fugitive dust. Drop inlet filters and other temporary Best Management Practices shall be employed to filter nuisance water from storm drain inlets affected by construction, on-site and off-site.

Groundwater pollution from urban run-off water generated by the project shall be mitigated using best management practices (BMPs), per the requirements of the California Regional Water Quality Control Board, Lahontan District, and as indicated in the "New Development and Redevelopment Guidelines". The applicant shall apply for and obtain all required permits, written clearances, or exemptions from the Lahontan District prior to any grading. All BMPs shall be shown on the erosion control plans. If the Town inspector determines that the BMPs in place are not adequate, then additional BMPs shall be installed at the discretion of the Town inspector or a revised erosion control plan shall be prepared for approval by the engineering services division. Gravel bags shall be used in lieu of sand bags. All permanent erosion control measures shall be irrigated for at least one season.

Permanent BMPs shall include sediment traps upstream of infiltrators and oil water separators for parking areas consistent with the General Plan.

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96. Grading plans shall include a Construction Staging and Management Plan which includes provisions related to the parking of construction worker vehicles, equipment and staging of materials both on-site and off-site, haul routes for export or import of material to/from a permitted site, hours of work, and special approval required by the Town Public Works Director for work outside hours allowed.

Identified haul routes shall avoid residential areas to the maximum extent practical.

The plan shall also contain provisions for interrupting utility services to neighboring properties and sufficient noticing to affected residents and property owners. The staging plan and the final access roadway improvements shall all be approved by the Mammoth Lakes Fire Protection District prior to grading permit issuance. An approved copy of the plan shall be maintained on-site at all times and available to all contractors, subcontractors, their employees and the Town.

97. On the cover sheet of the grading plans and in a very conspicuous location place the following note: “The conditions of approval for the approved tentative tract map, TTM 22-002, UPA 22-001, DR 22-001, contained in the resolution recorded at the County Recorder’s Office of Mono County as Document No. 2022xxxxx, shall be made a part of these plans and the grading permit and all conditions and requirements therein shall be adhered to by the contractor, his sub-contractors and any person performing any work on the project.” This note shall also be included within the construction staging and management plan.

98. Prior to combustible materials being placed on-site, an all-weather access road shall be identified or constructed serving all exterior portions of the structure to the satisfaction of MLFPD.

99. Existing Town streets and sidewalks/recreational trails/multi-use paths that require construction or reconstruction, shall remain open for traffic at all times, with adequate detours and traffic control, during actual construction. 100.The grading plan and building permit plans shall indicate all snow storage areas and drainage facilities.
101. All easements shall be shown on the grading and building permit plans. 102. A tree removal plan shall be approved prior to any land disturbance and the issuance of a grading or building permit. A pre-construction meeting shall be held on-site prior to any land disturbance to inspect clearing limit fencing. The applicant shall obtain the necessary Timber Harvest Permit prior to any tree removal.
103. The grading plan shall include tree protection measures to address how construction can occur without disturbing the drip-line of retained trees. The dripline areas shall be “fenced” off with barriers to prevent disturbance during site grading. Additionally, finish grading shall not disturb existing understory vegetation or retained trees. Grading operations shall not commence until all erosion control measures and tree protection measures are in place as shown on the approved plans, and as required by the Town.

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THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
104. Proposed water and sewer connections require a Connection Permit from Mammoth Community Water District. Prior to the Town authorizing any construction, the applicant shall obtain water and sewer permits from Mammoth Community Water District and pay applicable fees to the District. 105. For all fences, retaining and screening walls greater than 48” in height above grade, the applicant shall submit plans to and obtain a building permit from the building division.

PRIOR TO ISSUANCE OF A TEMPORARY, CONDITIONAL, OR FINAL

CERTIFICATE OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE COMPLETED:
106. Recordation of the final map. The applicant shall provide evidence to the Town that the map has recorded prior to issuance of the first certificate of occupancy for the project. Evidence shall consist of the recording information of the final map. 107. All required landscaping and irrigation improvements shall be constructed prior to issuance of a temporary, conditional or final certificate of occupancy for the project. A form of security listed in Government Code Section 66499(a) and acceptable to the Town shall be posted with the Town to the satisfaction of the Community and Economic Development Department for any required landscaping and irrigation improvements to be deferred and a schedule shall be submitted to the town for the construction of the deferred improvements. Deferral of the construction of any landscaping and irrigation improvements shall be at the sole discretion of the director of the Community and Economic Development Department.
108. Address numbers shall be placed on all new and existing structures in such a manner as to be plainly visible and legible from the access roadway or street, consistent with Municipal Code Chapter 16.32.
109. The final condominium plans for the project shall be submitted to the Town for review for conformance with the approved development plan, tentative map, and CC&Rs. The condominium plans shall conform to the conditions of approval with respect to ownership of required appurtenant use areas. Issuance of a certificate of occupancy and recordation of the condominium plans shall not occur prior to Town approval of the condominium plans. The condominium plans shall be recorded prior to issuance of a temporary, conditional, or final certificate of occupancy for the project.
110.Construction of private streets and private facilities and related drainage improvements shall be inspected and certified by the Public Works Director and/or designee.
111. All required grading, public and private street and drainage improvements shall be completed, all “punchlist” items completed to the satisfaction of the Public Works Director, the as-built plans submitted, reviewed and approved and the required

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warranty security posted prior the issuance of a certificate of occupancy for the project.
112. Projects subject to a building permit shall have all required on and off-site improvements completed and approved prior to final inspection of any buildings or structures. The installation of any on or off-site improvements shall be sufficiently completed so as to assure protection from storm or drainage run off, a safe and drivable access for fire and safety, and the ordinary and intended use of buildings or structures. The Building Official, with the concurrence of the Public Works Director, may approve any plan or approve a change to an approved plan, which complies with the intent of this policy.

SPECIAL ENGINEERING CONDITIONS
113. Prior to issuance of a building permit, applicant shall submit a snow removal/storage management plan for the hauling of snow in accordance with Municipal Code Section 17.36.110.B(3)(a) to the Community and Economic Development Department and Public Works Department for approval. The plan shall be in the form of a recorded document mutually agreed to between the property owner and the Town and shall describe features such as, but not limited to, location of snow storage areas, the method of snow hauling, frequency of pick-ups, pick-up areas, haul routes, hours of hauling operations, and snow deposit areas. Pursuant to the North Village Specific Plan, the plan shall include provisions stating that snow and ice shall be removed daily, and pedestrian areas shall be maintained in a safe condition. The plan shall also include methods to address potential cornice and ice falling onto pedestrian and vehicular areas and methods to address hazardous snow and ice build-up on pedestrian pathways and sidewalks. Approved methods to address hazardous snow and ice build-up include plowing, application of cindering, and potential of heat-traced pavement. This plan and provisions for maintenance of private driveways and drainage facilities shall be included in the CC&Rs prior to final map approval by Town staff.
114. Applicant shall construct public improvements consisting of undergrounding of existing overhead utility lines, construction of sidewalk, curb, gutter, pedestrian ramps, retaining walls, storm drain and lighting, and a downhill left-turn lane into the project public entrance on Lake Mary Road (this could be an extension of the existing left-turn lane at Canyon Boulevard), additional or relocated street lighting along Canyon Boulevard, and a transit shelter on Canyon Boulevard near the northern property corner, in conformance with Town Standards and acceptable to the Public Works Director. An easement agreement shall be executed with the Town, as necessary, to accommodate the transit shelter. The public improvement plans shall be prepared by a registered civil engineer and submitted to the Town for review and approval. Prior to issuance of a building or grading permit for the approved project, a form of security listed in Government Code Section 66499(a) and acceptable to the Town shall be posted to secure construction of the public improvements. The improvements shall be completed prior to issuance of certificate of occupancy. The security shall be released by the Town within 30 days of

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acceptance of the work. Prior to acceptance of the work, Applicant shall post a warranty surety for the required public improvements good for a period of one (1) year after the acceptance of the work by the Town.
115. Prior to issuance of grading permit, Applicant shall coordinate final Canyon Boulevard service entrance driveway design and any appropriate signage, to the satisfaction of the Public Works Department, to eliminate backing-up and turning movements of delivery/maintenance vehicles within Town right-of-way, and to minimize impact to pedestrian paths of travel. Maximum driveway width within Town right-of-way shall be 36ft in accordance with Town Standards. Driveway entrance shall also include an additional Town Standard street light. 116. Prior to issuance of sign permit(s) for a monument sign(s), Applicant shall coordinate final sign design, to the satisfaction of the Public Works Department, to clearly direct traffic west/uphill on Lake Mary Road toward the main project public entrance, rather than north onto Canyon Boulevard toward the project service entrance.
117. Prior to or concurrent with final map approval by Town staff, applicant shall execute a non-exclusive easement agreement with the Town, in a form and content acceptable to the Public Works Department, for the purposes of snow storage, for a minimum width of 10-feet beyond the edge of sidewalk along Canyon Boulevard and Lake Mary Road. Where determined necessary by the Town Engineer, additional easement width shall be provided. The easement agreement shall include provisions holding the Town harmless from any liability related to private improvements located within the easement area.
118. Existing public pedestrian infrastructure shall be maintained accessible to the public and in a safe and usable condition during construction, or adequate detour provided, to the satisfaction of the Public Works Department. 119. Applicant shall submit a petition to be annexed into the Town’s Transit and Transportation Fee Community Facility District (CFD 2013-03), in consideration of: the Town’s Vision Statement requiring a de-emphasis of the use of the automobile; occupancy and mode of travel expectations; and to mitigate the impacts of the project on air quality as required by CEQA. The annexation process shall be completed, and all fees associated with the annexation process paid by applicant, prior to final map approval by staff. CFD 2013-03 shall be referenced in the project CC&Rs, as well as in any disclosure documents required by the California Department of Real Estate for the project.
120. Three (3) of the seven (7) parcels that form the project are currently a part of the North Village Benefit Assessment District, BAD 2002-2, which covers operation and maintenance of public improvements such as snow management, snow melt tubing, summer sidewalk sweeping, curb/gutter/sidewalk/driveway, hardscapes, landscaping, street lights, and banners. The remaining four (4) parcels shall be made responsible for contributing to similar maintenance responsibilities. Because it is not desirable or practical to annex the four (4) parcels into the existing BAD, applicant shall instead submit a petition to be removed from the BAD, and shall submit a petition to form a new North Village Community Facilities District (CFD)

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for the operation, maintenance and repair, and snow removal, of the public improvements along the property frontages, including but not limited to sidewalk, heat trace, landscaping and irrigation, storm drain, and street lighting, or propose an alternative method of funding such operation, maintenance and repair, and snow removal, of the public improvements that is mutually agreeable to both the applicant and the Town. The removal and formation processes shall be completed, and all fees associated with the removal and formation processes paid by applicant, prior to final map approval by staff. The new CFD shall be referenced in the project CC&Rs, as well as in any disclosure documents required by the California Department of Real Estate, the Mello-Roos Community Facilities Act, or any other provision of law for the project.
121. Prior to or concurrent with final map approval by Town staff, applicant shall execute an easement agreement with the Town, in a form and content acceptable to the Public Works Department, for the purposes of permanent infrastructure, temporary construction, and public access related to future pedestrian bridge construction and maintenance, to be located in the vicinity of the northern property corner along Canyon Boulevard adjacent to the existing bridge reciprocal easements or as otherwise agreed. The easement agreement shall include provisions holding the Town harmless from any liability related to private improvements located within the easement area.
122. Portions of existing slope easements shall be vacated as required to accommodate building footprint as shown on the plans, and shall not be shown on the final map, and a statement shall be placed on the cover sheet of the final map indicating the deposition of the interest being abandoned in accordance with Section 66499.20.2 of the Subdivision Map Act.
123. An irrevocable offer of dedication for right of way shall be offered on the final map for right of way required for Canyon Boulevard, as shown on the plans. This irrevocable offer of dedication, along with any previously executed irrevocable offers of dedication, shall be accepted by the Town subject to Town acceptance of any required improvements. A statement to this affect shall be written on the cover sheet of the final map.
124. Easements and rights of way of record held by the Town that are abandoned, relinquished or vacated shall not be shown on the final map, and a statement shall be placed on the cover sheet of the final map indicating the deposition of the interest being abandoned in accordance with Section 66499.20.2 of the Subdivision Map Act.

MITIGATION MEASURES FROM THE 1999 SPEIR
The project shall comply with all applicable mitigation measures from the Subsequent Program Environmental Impact Report for the 1999 North Village Specific Plan Amendment (1999 SPEIR) including:

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AESTHETICS/LIGHT AND GLARE

5.3-1a: To the maximum extent practical, the proposed project shall retain forested areas, and the development shall remain subordinate to the natural character of the site and surrounding landscape.

5.3-1b: Prior to final approval of project development plans, the applicant shall submit a tree preservation and replacement plan pursuant to the Municipal Code, Zoning, requirements related to grading and clearing. The Preservation and Replacement Plan, including the type, size, number, and location of replacement trees shall be subject to the approval of the Town of Mammoth Lakes Community Development Director.

5.3-1c: Contour grading shall be used to blend manufactured slopes into the natural terrain. Grading shall be minimized to preserve existing landform and vegetation to the greatest extent possible.

5.3-1d: The landscape design for the site shall maximize the use of existing vegetation, and where new plants are introduced, they shall include, and/or blend with, plants native to the Mammoth Lakes environment. Landscape plans for the site shall be completed by a certified landscape architect.

5.3-1e: To the maximum extent practical, native trees and landscaping shall be concentrated around all structures located on the project site.

5.3-1f: Grading techniques shall be used which minimize the area of disturbance and shall incorporate such methods as decorative retaining walls rather than slopes to minimize the area of disturbance.

5.3-1j: Staging locations shall be indicated on project Building Permit and Grading Plans and shall be subject to review by the Town of Mammoth Lakes Community Development Director in accordance with Municipal Code requirements.

5.3-1k: Upon submittal of Final Development Plans to the Town for the individual development sites, the applicant shall demonstrate that long-range views of the Sherwin Range are incorporated into the project design.

5.3-1m: The buffer for properties adjacent to the specific plan boundaries shall be defined as a building setback area of not less than 20 feet to buildings up to 35 feet tall. Portions of buildings which exceed 35 feet adjacent to the Specific Plan boundaries shall require an additional setback of generally 1 foot for every two feet of building height beyond the 20- foot minimum setback. Trees shall be maintained within the buffer area, except for required vehicular and pedestrian access.

5.3-2b The architectural style for the development shall blend with the site's natural setting.

Rooflines shall reflect (step down) the slope of the site, and natural "earth tone" colors and materials such as stone and wood shall be emphasized. Conformance shall be assured through the Town's design review procedures.

5.3-3a: The Design Guidelines shall require that all exterior lighting be designed and located so as to avoid intrusive effects on adjacent residential properties and undeveloped areas adjacent to the project site. Low-intensity street lighting and low-intensity exterior lighting shall be used throughout the development to the degree feasible. Lighting fixtures shall use shielding, if necessary, to prevent spill lighting on adjacent off-site uses.

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5.3-3b: Lighting used for various components of the development plan be reviewed under North Village Specific Plan design guidelines which shall include review of light intensity levels, fixture height, fixture location, and design.

5.3-3c: The project shall use minimally reflective glass and all other materials used on exterior buildings and structures shall be selected with attention to minimizing reflective glare.

5.3-3d: Vegetative buffers shall be used to reduce light intrusion on residential development and on forested areas located adjacent to the project site.

TRAFFIC

5.4-1c: Installation of a traffic signal at the intersection of Forest Trail/Main Street Mitigation Measure consistent with the Town of Mammoth Lakes' Developer Fee (DIF) Program, Project #Tc-05.

5.4-2c: Restripe roadway to include two travel lanes and a continuous left turn lane, or other measure designed to achieve an acceptable LOS (LOS D or better) on Meridian Boulevard from Majestic Pines to Old Mammoth Road.

5.4-2i: The Millers Siding/Lake Mary Road intersection shall be improved by the installation of a traffic signal, provision of dual southbound left turn lanes, and the provision on the westbound approach for one through lane and one dedicated right turn, or other measure designed to achieve an acceptable LOS (LOS D or better) at the Millers Siding/Lake Mary Road intersection.

5.4-5 The developer shall prepare and provide to the Town Engineer for review and approval, a Traffic Control Officer Monitoring Plan. The Plan shall outline at a minimum, scheduled days of monitoring together with a program to determine additional days of monitoring as may be determined by projected occupancy rates, performance criteria, duration of monitoring, and responsible parties.

5.4-6 New development shall participate on a fair share basis in the development and operation of a community-wide winter transit system to achieve the ridership levels assumed in the MTM.

AIR QUALITY

5.5-1a: In order to reduce fugitive dust emissions, each development project shall obtain permits, as needed, from the Town and the State Air Pollution Control District (APCD) and shall implement measures during grading and/or construction of the individual development sites to ensure compliance with permit conditions and applicable Town and APCD requirements. a. The individual development projects shall comply with State, APCD and Town dust control regulations, so as to prevent the soil from being eroded by wind, creating dust, or blowing onto a public road or roads or other public or private property. b. Adequate watering techniques shall be employed on a daily basis to partially mitigate the impact of construction-generated dust particulates. c. Clean-up on construction-related dirt on approach routes to individual development sites/improvements shall be ensured by the application of water and/or chemical dust retardants that solidify loose soils. These measures shall be implemented for construction vehicle access, as directed by the Town Engineer. Measures shall also

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include covering, watering or otherwise stabilizing all inactive soil piles (left more than 10 days) and inactive graded areas (left more than 10 days). d. Any vegetative ground cover to be utilized on the individual development sites/improvements shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation shall be installed as soon as possible to maintain the ground cover.
e. All trucks hauling dirt, soil or other loose dirt material shall be covered.

5.5-1b: To reduce the potential of spot violations of the CO standards and odors from construction equipment exhaust, unnecessary idling of construction equipment shall be avoided.

5.5-2a: In order to reduce emissions associated with both mobile and stationary sources (i.e., wood burning stoves and fireplaces), all individual development projects shall adhere to the regulations contained in the Air Quality Management Plan for the Town of Mammoth Lakes and Chapter 8.30, Particulate Emission Regulations, of the Town’s Municipal Code. The commercial use tenants throughout the Specific Plan area shall, at a minimum, include the following, as appropriate:
 Bicycle racks, lockers or secure storage areas for bicycles;  Transit access, including bus turnouts;
 Site access design shall avoid queuing in driveways; and  Mulch, groundcover and native vegetation to reduce dust

5.5-2b: Each project shall contribute on a fair share basis to the Town’s street sweeping operations in order to reduce emissions and achieve the required Federal standard.

5.5-2c: New development within the Specific Plan area shall not be permitted to utilize wood burning appliances unless the Federal standard is documented to not be exceeded.

NOISE

5.6-1a: Pursuant to Section 8.16.090 of the Town's Noise Ordinance, construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and prohibited on Sunday or holidays, or as otherwise permitted by Section 8.16.090. with the exception of the well drilling activities as approved by the Town Public Works Department.

5.6-1b: Construction equipment shall be muffled or controlled if required, to meet Chapter 8.16 requirements for maximum noise generated by construction equipment. Contracts shall specify that engine-driven equipment be fitted with appropriate noise mufflers.

5.6-1c: The construction contractor shall provide temporary sound barriers around pile driving and well drilling sites to the satisfaction of the Town Engineer, if required to meet Chapter 8.16 requirements.

5.6-2a: The proposed project shall be located or architecturally designed to reduce the project noise impacts upon properties adjacent to each master planned area or project property line, such that the exterior noise levels will not exceed Town Noise Ordinance requirements for an urban and multiple family setting. Design features could include setbacks, berms, landscaping, and architectural features, adjacent to both arterial and interior streets.

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5.6-2b: Multi-family buildings shall be located or architecturally designed so the interior noise level will not exceed 45 Ldn. As a minimum, multi-family housing shall comply with Title 24 of the California Code of Regulations.

5.6-3a: Prior to Final Development Plan approval for individual development projects within the Specific Plan area, a subsequent noise analysis shall be prepared, to the satisfaction of the Town Engineer, which demonstrates the site placement of stationary noise sources would not exceed criteria established in Chapter 8.16 of the Town’s Municipal Code at perimeter property lines of master planned areas or projects.

5.6-3b: Prior to Final Development Plan approval for individual development projects within the Specific Plan area, a subsequent noise analysis shall be prepared, to the satisfaction of the Town Engineer, which demonstrates the site placement of PA systems entertainment venues or other stationary noise sources would not exceed criteria established within the State Noise Insulation Standards (California Code of Regulations, Title 24) for adjacent residences.

5.6-3c: Outdoor PA systems shall not be permitted to operate between the hours of 10:00 p.m. and 7:00 a.m. and shall not exceed the Town’s Noise Ordinance standards at perimeter property lines of master planned areas or project property lines. Adherence with this measure is subject to periodic site inspections by the Town of Mammoth Lakes.

5.6-3d Directional speakers shall be shielded and/or oriented away from off-site residences to the satisfaction of the Town Building Inspector.

GEOLOGY AND SEISMICITY

5.7-1: Prior to issuance of grading or building permits, geotechnical studies shall be completed, and their recommendations shall be incorporated in the project design, as required by the Town’s Safety Policy #26.

5.7-2a: Soils and foundation analyses shall be approved by Town staff prior to final project design approval, as required by the Town’s Safety Element. All measures required by the Town shall be incorporated into final grading and building plans.

5.7-2b: The project operator shall provide grading plans and receive approval from the Town Engineer. Said plans shall also show that new slopes within the project area are designed pursuant to slope requirements set forth within the Specific Plan and the standards of the Town’s Municipal Code.

5.7-2c: All work shall be overseen by a licensed Civil Engineer (CE), Certified Engineering Geologist (CEG), or similar appropriately qualified professional, who shall report to the Town Engineer in order to ensure the standards of the applicable codes are met.

5.7-4: A comprehensive Erosion and Sediment Transport Control Plan shall be prepared by the project operator and approved by the Town Engineer prior to the issuance of any grading or building permits. The Plan shall be included in the project design, as required by the Town’s Safety Element. The Plan shall also meet the requirements of the Regional Water Quality Control Board and the Town Municipal Code.

5.7-6: The project applicant operator shall complete the geotechnical studies and incorporate their recommendations in the project design, as stipulated in the Town's Safety Policy #26. All structures shall be designed and built to at least the standards of UBC Seismic Zone 4.

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5.7-7: The project operator shall cooperate with the Town in designing and disseminating information to assist citizens and visitors in responding to emergency situations that are likely to arise. All structures shall be designed and built to at least the standards of the current Building Code Seismic Zone 4.

HYDROLOGY AND DRAINAGE

5.8-1: All drainage collection, retention, and infiltration facilities on the site shall be constructed and maintained in accordance with the Mammoth Lakes Storm Drain Master Plan (SDMP) and shall be designed in accordance with the Master Plan Design Manual, to the satisfaction of the Town of Mammoth Lakes Town Engineer, prior to the issuance of grading permits.

5.8-1b: A more complete hydrology analysis for design purposes shall be required to be completed to estimate the amounts of runoff which will be required to be retained on-site for each development. The analysis shall be approved prior to issuance of a grading permit.

5.8-1c: The following water conservation procedures shall be incorporated into project elements where feasible:
 Landscape with low water-using plants;
 Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots, such as drip irrigation, soil moisture sensors, and automatic irrigation systems; and
 Use pervious paving material whenever feasible.

5.8-2a: An Erosion and Sediment Control Plan shall be prepared by the project proponents prior to issuance of grading permits. The Plan shall be reviewed and approved by the Town of Mammoth Lakes and the Lahontan Regional Water Quality Control Board and be in accordance with the erosion control guidelines as contained in the Mammoth Lakes SDMP and be in compliance with the Water Quality Control Plan (for the Lahontan Region [Basin Plan]). General grading activities, including those related to demolition and construction, would be regulated by the current Building Code and Town of Mammoth Lakes Grading Ordinance. The required Erosion and Sediment Control Plan shall outline methods that will be implemented to control erosion and sediment transport from graded or cleared portions of the individual redevelopment/ improvement sites.

5.8-2b: Prior to issuance of grading permits for individual development projects of five acres or greater in size, the project applicant/ owner shall file for a National Pollutant Discharge Elimination System (NPDES) permit with the Lahontan Regional Water Quality Control Board and abide by the conditions of the permit as issued. A copy of the Notice of Intent, Storm Water Pollution Prevention Plan, and Monitoring Plan shall be submitted to the Town of Mammoth Lakes Engineering Department prior to commencing grading operations.

5.8-2c: For individual development projects involving construction of six or more dwelling units or commercial developments that involve soil disturbance on 3 acre or more, a Waste Discharge Report (related to soil disturbance) shall be prepared by the individual project applicant(s) and submitted to the Lahontan Regional Water Quality Control Board not less than 90 days before the intended start of construction activities of a new development to

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obtain a Waste Discharge Permit to be issued or waiver to ensure that proper control measures for the protection of water quality are taken and adhered to during all phases of the development project. A copy of the Waste Discharge Report shall be submitted to the Town of Mammoth Lakes engineering division prior to issuance of a grading permit for the project.

5.8-2d: The Report of Waste Discharge shall contain a description of, and time schedule for implementation, for both the interim erosion control measures to be applied during project construction, and short- and long-term erosion control measures to be employed after the construction phase of the project. The descriptions shall include appropriate engineering drawings, criteria, and design calculations. The report guidelines are as follows:
 Drainage collection, retention, and infiltration facilities shall be constructed and maintained to prevent transport of the runoff from a 20-year, 1-hour design storm from the project site. A 20-year, 1-hour design storm for the Mammoth Lakes area is equal to 1.0 inch (2.5 cm) of rainfall in 1 hour.  Surplus or waste materials shall not be placed in drainage ways or within the 100-year flood plain of surface waters.
 All loose piles of soil, silt, clay, sand, debris, or earthen materials shall be protected in a reasonable manner to prevent any discharge to waters of the State.
 Dewatering shall be done in a manner so as to prevent the discharge of earthen materials from the site.
 All disturbed areas shall be stabilized by appropriate soil stabilization measures by October 15 of each year.
 All work performed between October 15th and May 1st of each year shall be conducted in such a manner that the project can be winterized within 48 hours.  Where possible, existing drainage patterns shall not be significantly modified.  After completion of a construction project, all surplus or waste earthen material shall be removed from the site and deposited at a legal point of disposal.  Drainage swales disturbed by construction activities shall be stabilized by the addition of crushed rock or riprap, as necessary, or other appropriate stabilization methods.
 All non-construction areas shall be protected by fencing or other means to prevent unnecessary disturbances.
 During construction, temporary erosion control facilities (e.g., impermeable dikes, filter fences, hay bales, etc.) shall be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff.
 Revegetated areas shall be regularly and continually maintained in order to assure adequate growth and root development. Physical erosion control facilities shall be placed on a routine maintenance and inspection program to provide continued erosion control integrity.

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 Where construction activities involve the crossing and/or alteration of a stream channel, such activities shall be timed to occur during the period in which streamflow is expected to be lowest for the year.

5.8-3: Best Management Practices (BMPs) shall be implemented as part of future individual development sites to the satisfaction of the Lahontan Regional Water Quality Control Board and NPDES Program requirements in order to protect the receiving waters from degradation and correct existing problems. BMPs include structural controls such as retention/detention basins, oil-water separators, which could be implemented in the overall design of the proposed drainage facilities for individual development sites.

BIOLOGICAL RESOURCES

5.9-2a: The project shall preserve existing native vegetation to the maximum extent feasible.

Landscaping shall emphasize the use of native plants indigenous to the Jeffrey Pine-Fir Forest plant community. Whenever possible, native plants used on-site shall be selected for their replacement habitat value. Site designs shall be subject to the Design Review procedure of the Town.

5.9-2b: Landscape materials shall be used that allow for the protection and preservation of existing trees. Native plant species, preferably from seed or cuttings from local plants, shall be used where possible. The Landscape Plan shall be approved by the Planning Director prior to issuance of any construction permits.

5.9-2c: Irrigation, fertilization and other landscape management practices shall be designed to minimize effects on existing trees and other vegetation.

5.9-2d: To the extent possible, native vegetation shall be retained and protected during construction.

A Revegetation Plan, prepared by a qualified Landscape Architect and approved by the Town of Mammoth Lakes, shall be completed prior to the commencement of the project, which will describe in detail the species of trees and shrubs that will be used, where they will be planted and in what numbers, and the methods of planting and maintenance, which will ensure successful growth. It shall include a monitoring program to follow the progress of new plantings and ensure replacement of unsuccessful plants. Landscaping with native species of trees and shrubs shall be undertaken to enhance wildlife use of cleared areas.

5.9-2e: Under AB3180 [Public Resources Code §21081.6], once mitigation plans designed to offset habitat losses are approved and the specific areas where they will be located are identified, the proponent must provide a program to monitor their progress for a period of time (usually three to five years) deemed sufficient by the Planning Director to assure their successful development. Adequate security shall be deposited with the Town to ensure successful implementation of this measure.

5.9-2f: All construction activities, including movement and storage of vehicles and the storage of building and other materials, shall be confined to areas slated for development. Care shall be taken during construction to avoid damage to vegetation and habitats not directly involved in project construction. Any vegetation inadvertently damaged outside of the area slated for development shall be replaced on a one-to-one basis on- or off-site. Off-site replacement shall require the approval of the Town Planning Director.

5.9-2g: To prevent erosion and siltation into intermittent creeks, areas cleared of vegetation, fill or other materials shall be stabilized after clearing and grading. Hay bales, silt screens or

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similar devices shall be used to prevent siltation. To further protect the drainage system and prevent erosion, all grading and construction shall be completed during the summer months, or after October 15 of each year be in a condition to be stabilized within 48 hours should inclement weather threaten.

5.9-2h: A Forest Condition Survey shall be conducted by a professional forester and approved by the Town of Mammoth Lakes, prior to the commencement of each individual development project. All trees greater than 12-inches dbh (diameter at breast height (54 inches above ground)) and significant stands on each project site shall be mapped prior to issuance of grading permits or clearing. A registered forester or arborist shall then determine the age and condition of these trees and whether they should be retained or removed based upon health and visual significance of the trees, except for removal required by approved improvements. Once this determination is made, those trees shall be retained and integrated into the design of each project. A program of specific protection measures shall be prepared by the developer and approved by the Town prior to issuance of any construction permits (e.g., construction fencing, grading controls, grading design, etc.). Any trees removed unavoidable by each final project approval shall be in accordance with Town policies. Offsite replacement shall require approval by the Town’s Planning Director.

5.9-2i: Slash generated from construction or thinning operations shall be hauled from the site concurrent with the operation to prevent a breeding site for IPS. Logs shall be removed from the site as soon as possible.

5.9-2j: Construction and site development, such as grading shall be prohibited within the dripline of retained trees. Equipment shall not be stored or driven under trees. Grading shall not cover the ground surface within the dripline of existing trees. Grading limits shall be clearly defined and protected.

PUBLIC SERVICES AND UTILITIES

5.10-1a: Each project shall contribute a fair share financial contribution for an emergency services facility (fire and police) to be located on the site of Fire Station No. 1 on Main Street.

5.10-1b: Access roads to all structures, and areas of use, shall comply with Mammoth Lakes Fire Protection District Ordinance 98-01.

5.10-1c: An approved water supply system capable of supplying required fire flow for fire protection purposes, as determined by the Fire District, shall be provided.

5.10-3: Developer Fees for commercial uses and foot for residential uses (condominiums). 5-10-4a: The project proponent shall contribute a fair share financial contribution in accordance with the Town’s DIF Mitigation Program established under Resolution 98-06.

5.10-7: The project applicant shall pay the appropriate fees to the MCWD. All new wastewater conveyance facilities shall be located within public rights-of-way or utility easements.

5.10-8: The project applicant shall pay the appropriate fees to the MCWD. All new water conveyance facilities shall be installed within public rights-of-way or utility easements.

5.10-9: Prior to issuance of a building permit, the applicant shall provide an Integrated Solid Waste Management Plan (ISWMP) consistent with the Town’s SRRE. The plan shall address, at a minimum, the following measures: construction demolition; recycling; composting;