Cities Index.
Agenda packet

Mammoth Lakes City Council
April 5, 2023

Document
Agenda packet
Meeting
April 5, 2023
Body
Mammoth Lakes City Council
Pages
464
Original file
18.8 MB
Text extracted from the city's file for reading and search. Open the original on pub-townofmammothlakes.escribemeetings.com. That file is the official record.

TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 15 of 32
Department support enabled all local youth sport organizations to return to pre-COVID operating levels, and the return of the Adult Softball and Volleyball Tournaments were a welcome addition during the summer.

Recreation Facilities
The COVID-19 pandemic highlighted the physical and mental health benefits of outdoor recreation. Regular operations resumed at all parks and facilities in 2022, with the Mammoth Ice Rink hosting 9,477 visitors during the 2020/21 season, and the Whitmore Pool receiving 6,346 swimmers in summer 2022.

Deferred Maintenance
The Town continues to operate and maintain all Town owned and managed parks and recreation facilities, including Mammoth Creek Park, Community Center Park and Tennis Courts, Shady Rest Park, and Whitmore Recreation Area. In 2022, a total of $457,002 of deferred maintenance work was completed.

Deferred maintenance continued at the Whitmore Pool in 2022 with the installation of backwash storage tanks, an updated automated chlorinator for the lap pool, and new sand filters and pumps in the wading pool mechanical room. Extensive rehabilitation of Whitmore Softball Field 2 began in summer and includes removal of lips at the turf/infield interface and the replacement of infield mix and perimeter fencing. Work is scheduled for completion in Spring 2023. New irrigation components were installed at Shady Rest Park and minor crack repair, in addition to parking lot resurfacing and restriping, was completed at the Community Tennis Courts.

Community Recreation Center
In February 2021, Town Council awarded the contract to build the new Community Recreation Center (CRC) at Mammoth Creek Park West to Hamel Contracting Inc. The CRC will be a Sprung Performance Arena enclosing an Olympic size ice rink that will operate in the winter. In the summer, durable sport tiles will cover the rink area creating a 20,000 square foot Mammoth RecZone. Combined with community-driven and professionally branded programming, the new year-round facility operated by the Parks and Recreation Department will be a game-changer for recreation in Mammoth Lakes.

The CRC will be the major recreation amenity at Mammoth Creek Park that includes three complementary components: the natural play area, a National Demonstration Site 7,700 sq. ft. inclusive playground, and the new minor-mobility hub with parking for up to 118 vehicles along with electric vehicle charging stations and convenient access to the Town’s expansive trails system.

Hamel Contracting Inc. resumed construction in Spring 2022, with the erection of the Sprung structure and the mobility hub completed in 2022. Crews continue to build out the interior Sprung components and operating amenities, including the mechanical enclosure (Chiller/HVAC/Trash), interior restrooms, locker rooms and storage, mechanical and Zamboni rooms. Completion of the project is scheduled for 2023.

Special Use Taxes
The Measure R or “Mammoth Lakes Recreation, Trails and Parks Investment Initiative” Ordinance No. 08-01 was adopted by the Mammoth Lakes Town Council in February 2008 and approved by the voters of Mammoth Lakes in June 2008. The Ordinance imposed a

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 16 of 32
Transactions and Use Tax in the amount of one-half percent for the purpose of funding Recreation, Trails and Parks. Measure R is a special fund designated for use by the Town of Mammoth Lakes only for the planning, construction, operation, maintenance, programming and administration of all trails, parks and recreation facilities managed by the Town of Mammoth Lakes without supplanting existing parks and recreation facility maintenance funds. Recommendations for the use of Measure R funds are determined by Mammoth Lakes Recreation and presented to Town Council for approval.

Measure R projects completed in 2022 include:
• Measure R audit
• Whitmore Track/Trails End Park maintenance
• Whitmore Track and Sports Field Sports Equipment
• Mammoth Lakes Recreation administration
• Trails administration and projects
The Measure U or “Mammoth Lakes Mobility, Recreation and Arts & Culture Utility Users Tax Ordinance” was adopted by the Mammoth Lakes Town Council in March 2010 and approved by the voters of the Town of Mammoth Lakes in June 2010. The Ordinance states: “On or after July 1, 2011 all proceeds of the tax and imposed hereunder shall be accounted for and paid into a special fund designated for use by the Town of Mammoth Lakes, and used only for the following purposes: Planning, construction, operation, maintenance, programming and administration of facilities and projects for Mobility, Recreation and Arts & Culture. Such tax proceeds shall not supplant existing funds used for the purposes set forth above.” Recommendations for the use of Measure U funds are determined by Mammoth Lakes Recreation and presented to Town Council for approval.

Measure U projects completed in 2022 include:
• Special event transit services
• Arts and cultural programming and special projects
• Contract administration
• Measure U audit
• Special event equipment
• Mammoth Lakes Recreation administration
Conservation Elements
Two elements in the 2007 General Plan address conservation. These elements are Resource Management and Conservation and Arts, Culture, Heritage and Natural History.

Resource Management and Conservation Element
The Resource Management and Conservation Element states: “Mammoth Lakes is valued for its majestic setting, the forest and trees, the smell of the pines, wildlife, clean air and water. The goals and policies of this Element address the community of Mammoth Lakes being a leader in managing and conserving these resources.” The Town continues to support the preservation of Mammoth Creek, which runs through town, by prohibiting development that does not maintain established setbacks and by

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 17 of 32
managing Town-owned properties along Mammoth Creek for open space, habitat preservation, and passive recreation.

In accordance with the Town Council’s Strategic Priority to “enhance our recreational based economy through amenity investment,” the following items were accomplished in 2022:

Summer Trails and Programs
The Mammoth Lakes Trail System Trail crew worked over the summer clearing fallen trees, maintaining system trails, installing new signage and continued construction of the new Lakes Basin trail – Black Bear Run. Trail Crew and volunteers were able to complete Dog Boulder, Mamie Woods, Horseshoe Woods, and Horseshoe Lake Loop. There was a ribbon cutting and opening of these trails in October 2022. The summer Trail Host program continues to provide information, collect data, and help residents and visitors have fun safely. Summer 2022 reporting included 14,900 interactions with the public, over 2,000 pounds of trash collected, and over 600 pounds of dog waste removed from trails and recreation facilities. Mammoth Lakes Trail System Trails Days began on June 4th, 2022, in celebration of ‘National Trails Days’. Weekly volunteer opportunities were available through September, which allowed the public to volunteer for Trail Crew, Trail Host, and the new Water Host positions. The season ended with the return of the inperson Lakes Basin clean up event that had 42 participants. Trail Days data included 311 Trail Crew and Lakes Basin Cleanup volunteer hours, 30 Trail Host volunteer hours, 15 Water Host volunteer hours, 1.5 miles of new trail construction in the Lakes Basin, Trail maintenance on Mountain View Trail, and 375 pounds of trash removed. Other Town cleanup programs include town cleanup day in May and weekly “Trashy Thursday” events from June – August. Trashy Thursdays reported 177.5 volunteer hours, 1,576 pounds of trash and 15.5 pounds of dog waste removed. The Eastern Sierra Adopt a Trail program grew over the 2022 summer hosting a total of 23 volunteer adopters and 19 sponsors.

This program is a partnership between Mammoth Lakes Recreation, Mono County and the USFS.

Winter Trails and Programs
Winter multi-use trails were groomed and open to the public through March 25, 2022.

The Shady Rest Winter Trails continued to be a highly used facility for Nordic skiers, walkers, fat-bike riders, snowshoers, and dog play. The Sherwins Winter Trail was groomed as conditions allowed. This new facility brings additional recreation use and visitation to the Sherwins area. Over the summer the Mammoth Lakes Trails Committee approved the purchase of a new 4-foot wide Tidd Tech that allows for increased winter grooming capacity. Winter grooming began at Shady Rest on November 10, 2022, thanks to early season snowfall. During the winter season, the Host team was stationed at Shady Rest Park, Sherwins Trailhead, Lake Mary Road closure, and the Village. The host team reported 5,515 interactions from January to April 2022 assisting visitors and locals with wayfinding, directions, parking, regulations, and etiquette information.

These accomplishments made progress towards meeting the Town Council’s objectives for this Strategic Priority, which includes enhancing the public’s experience with improved access points to the natural environment and utilizing partnerships with Mammoth Lakes Recreation, Mono County, U.S. Forest Service, and the Eastern Sierra Sustainable Recreation Partnership to identify grant funded projects and programs that should be pursued.

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 18 of 32
Climate Change Vulnerability Assessment
As part of the SB1 Climate Adaptation Planning Grant awarded to the Town in 2017, The Town contracted Placeworks, Inc., to prepare a Climate Change Vulnerability Assessment.

The Vulnerability Assessment identifies and analyzes the impacts climate change poses to the Town and the specific geographic areas at risk from certain impacts. The Vulnerability Assessment informed the preparation of climate adaptation goals, policies, and objectives, as well as the development of feasible implementation measures. The adaptation strategies were adopted as part of the 2019 Public Health and Safety Element update.

This project furthers Resource Management and Conservation Element Goal R.1. of the Element, which directs the Town to “Be stewards of habitat, wildlife, fisheries, forests and vegetation resources of significant biological, ecological, aesthetic and recreational value.” The tourism-based economy of Mammoth Lakes relies on its scenic qualities and world-class recreational opportunities, and some of these assets were considered in the Vulnerability Assessment, and the Town adopted recommended adaptation strategies in order to lessen identified impacts to these resources.

Stormwater Resource Plan
The Town is an active member of the Inyo-Mono Integrated Regional Water Management Plan (IRWMP) and has a Stormwater Resource Plan (SWRP). The SWRP provides a regional prioritization of stormwater management projects that qualifies agencies for participation in Prop 1 Funding.

Waste Management/ Recycling
In 2020, Town Council approved a new Solid Waste Franchise Agreement between the Town and Mammoth Disposal Company. The Agreement allows Mammoth Disposal to provide all solid waste collection and processing services on behalf of the Town for 20 years. This includes addressing the disposal of solid waste after the Benton Crossing Landfill closed at the end of 2022. The new Agreement provides for increased solid waste disposal services and improved recycling services for customers in Mammoth Lakes. To accommodate future solid waste disposal needs, Mammoth Disposal is upgrading and constructing a new transfer station for solid waste and a Materials Recovery Facility (MRF) for recyclables. Reconfiguration and renovation of the existing site to accommodate the new facilities and improve circulation is currently underway, and the renovated facility is expected to be operational in 2023.

Work continued on a feasibility study for a potential biomass facility which was facilitated through a U.S. Forest Service Wood Innovations Grant.

The Town held its annual Town Clean-Up Day in May 2022. The Town provided a dropoff station for the collection of large/bulky items, metal objects, green waste, food waste, hazardous household waste, and recyclable materials. In total, 76.91 tons of waste was collected, which was a increase from the 21 tons of waste material collected when Town Clean-Up Day was held in 2021
Tree Removal Permits
Planning staff continues to implement the Town’s Tree Removal and Protection Ordinance by requiring property owners obtain a Tree Removal Permit for the removal of live trees

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ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 19 of 32
that are 12 inches or greater in diameter at breast height. In 2022, 51 tree removal permits were processed with a small number of those permits being denied because the minimum criteria for removal was not met. The top three reasons specified on the tree removal permit requests include the removal of hazard trees, trees causing property damage, and tree removal for wildfire fuel reduction purposes.

Air Quality
The Town monitors air quality in coordination with the Great Basin Unified Air Pollution Control District (GBUAPCD). This monitoring effort focuses on particulate matter (PM10), which is primarily caused by wood burning and cinders spread on roads to increase traction during icy conditions. During the period of November 15th to March 15th, the Town monitors the air quality and when PM10 reaches certain levels in town, “no-burn” days are called, meaning that the use of fireplaces and wood stoves are prohibited for that time period.

The Great Basin Unified Air Pollution Control District (District) provides the Town an annual report in May of each year that summarizes the air quality measurements recorded by the district during the monitoring period (Mid-March through Mid-March of the following year) and identifies any exceedances of the State and Federal PM10 standards. During the Mid-March 2021 through Mid-March 2022 reporting period, the Federal PM10 standard was exceeded on zero (0) days and the State PM10 standard was exceeded on five (5) days. Three of the State exceedances were due to wildfire smoke impacts. In August 2021, the Town was impacted by the Dixie and Caldor Fires. In midSeptember through early October the Town was impacted by the KNP Complex Fire located in Sequoia and Kings Canyon National Parks. The two non-wildfire State exceedances occurred in December 2021 and January 2022 and were deemed to been caused by local sources, primarily wood-burning stoves, though road cinders may have had a minor contributing impact.

An update to the Air Quality Management Plan (AQMP) was completed in 2013, and the Town continues to implement the goals and policies of that Plan. As part of the AQMP update process, the Town and the GBUAPCD requested the EPA re-designate the Town as in attainment for the federal air quality standard for particulate matter less than 10 microns (PM10). The Town had been designated non-attainment for PM10 since 1987. EPA found that the Town has met the federal standard since 2009 and the EPA formally redesignated the Town as in compliance in 2015. In addition to the re-designation, the EPA also approved the Mammoth Lakes air quality maintenance plan, which demonstrates that compliance with air quality standards can be maintained through 2030.

Outdoor Lighting
Mammoth Lakes’ dark night skies are an important resource to the community and local wildlife. These starry skies continue to be preserved through the Town’s Outdoor Lighting Ordinance, which requires exterior lighting to be downward directed and shielded. This requirement significantly reduces dangerous glare for drivers and pedestrians and helps preserve the dark skies for wildlife and residents. The Town continues to require all development projects to be consistent with these lighting requirements and continues code compliance efforts to bring non-conforming fixtures into compliance with the Town’s Lighting Ordinance.

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ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 20 of 32
Arts, Culture, Heritage, and Natural History Element
The Arts, Culture, Heritage and Natural History Element states: “It is important that arts, culture, heritage and natural history are encouraged throughout the community.” One of the Town Council’s Strategic Priorities directs various work programs and funding to “Enhance our recreational based economy through amenity investment.” Specific objectives are identified to assist with accomplishing this priority including finalizing an agreement with the Mammoth Lakes Foundation for the Mammoth Arts & Cultural Center (MACC) operational funding to be provided through Measure U.

In July, Town Council approved an agreement with the Mammoth Lakes Foundation for the operation of the Edison Theatre. The Town re-opened and operated the facility for community use starting in the summer of 2022. A second agreement approved by Town Council supports a planning effort on Mammoth Lakes Foundation property to support an expanded performing arts facility, a childcare center, a community dog park, expanded parking and a limited snow storage area. The environmental review of the proposed uses began in 2022.

Measure U funds are specifically dedicated for recreation, mobility, and arts and culture.

CEQA requires a cultural resource analysis for all proposed projects. Mitigation measures are identified for each project to reduce impacts to cultural resources. The Town also complies with Senate Bill 18 and Assembly Bill 52 regarding Native American Tribal consultation.

Noise Elements
Noise is addressed in two elements of the 2007 General Plan. These elements are Noise (1997) and Community Design.

Noise Element
A goal of the Noise Element is “To protect the citizens of the Town from the harmful and annoying effects of exposure to excessive noise.”
The Town continues to enforce the noise limits stated in Municipal Code §8.16 Noise Regulation. An update of the Noise Element and the Noise Ordinance is included on the Community and Economic Development Work Program, but a start date and funding source has not been established.

Community Design Element
A goal of the Community Design Element states, “Enhance community character by minimizing noise.”
The California Environmental Quality Act (CEQA) requires a noise analysis for all proposed development projects that are not exempt from CEQA review. Mitigation measures are identified for each project to reduce noise impacts. The Town includes these project specific mitigation measures as conditions of approval for the project to reduce noise impacts. Nuisance complaints related to noise are handled by continued enforcement through the Mammoth Lakes Police Department and the Town Code Compliance staff.

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 21 of 32
Safety Element – Public Health and Safety Element
The Public Health and Safety Element states: “The community will be comfortable and safe. Facilities that are important to a livable community will be supported, provided, and encouraged.”
In 2022, the Mammoth Lakes Police Department was awarded a grant of $344,273 from the California Department of Justice Tobacco Grant program. The grant provides program funding for the next three years for a full-time school resource officer and aims to reduce illegal tobacco sales to minors through retail enforcement.

The Town continues to enforce building code requirements to minimize loss of life, injury, and property damage from snow, earthquakes, and fire. The Town also continues to work closely with the Mammoth Lakes Fire Protection District to review proposed development projects to ensure adequate emergency access and fire equipment access. The Town continues to respond to code compliance complaints including those related to potential safety issues. Additionally, the Town’s snow removal operations are essential to the safety, wellbeing, and daily operations of the Community. The Town’s Public Works Department prioritizes streets for snow clearing to maintain safe routes during snowstorms.

Staff continues to enforce the Quality-of-Life Ordinance, adopted in 2015, to ensure that transient rental uses do not create adverse impacts to neighboring properties due to excessive traffic, noise, trash, and similar issues and to ensure that the number of occupants within such rental units do not exceed the design capacity of the structure or cause health and safety concerns. This ordinance requires any new transient use within a residential structure to be inspected prior to the commencement of the transient use.

The inspection verifies compliance with the standards and conditions of operation outlined in the Ordinance and ensures compliance with all applicable safety requirements.

All development project applicants are required to submit a Hazardous Waste Acknowledgement Form to disclose any hazardous materials information prior to project review and approval. In addition, the Town maintains an Emergency Operations Plan (EOP) that outlines how the Town will organize to respond to emergencies within the Town’s jurisdiction. In 2022, EOP training continued for all Town staff with a designated roll in EOP operations.

Economy Element
The Economy Element in the 2007 General Plan is an optional Element (not required by California State Law) that states: “Mammoth Lakes’ economy is tourismbased…Mammoth Lakes’ economic sustainability is dependent upon the mountain resort, expanded employment opportunities, shoulder season and midweek occupancy, air service and many other components of the community.”
The Town Council’s Strategic Priority objective related to the economy calls for “Investment in Capital infrastructure, new investment, improvements, and maintenance.” The Town continues to track economic indicators for changes that may affect community land resources, tax base, including Transient Occupancy Tax (TOT),

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ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 22 of 32
and employment base. In 2022, the Town continued its TOT enforcement program and initiated 73 TOT compliance cases. Total TOT revenue increased approximately 25% in 2022. TOT revenue collection remained strong during the months rental operations were allowed, including record breaking TOT revenue collection during the months of January, February, March, September, October, and December.

As part of the implementation of the Town Council’s Strategic Priority mentioned above, a portion of the excess TOT revenue was allocated to ensure the long-term health and resiliency of the Town by investing in the Town’s reserve funds. • The Operating Reserve (OR) Fund target is 5% of the General Fund budgeted revenue determined on an annual basis. The status of the fund is 100% funded to target.
• The Reserve for Economic Uncertainty (REU) target is 20% of General Fund Budgeted revenue determined on an annual basis. Status of this fund is 100% funded to target.

The Mammoth Lakes Tourism Business Improvement District (TBID) is a benefit assessment district that was developed to help fund marketing and sales promotion efforts for Mammoth Lakes tourism businesses. The TBID was put in place for a period of five years and was renewed for another five years in 2018. The term of the renewed TBID will be in place for five (5) years from September 1, 2018 through August 31, 2023.

A Commercial Cannabis Tax Ballot measure was approved by the voters in the June 2018, General Municipal Election ballot. The approved measure read, “To fund general Town core services such as police, recreation, and road maintenance, shall an ordinance be adopted to impose a business license tax of up to 8% for cannabis retail businesses and up to 4% for all other cannabis businesses (cultivation, manufacturing, distribution, testing), to raise an estimated $99,550-$261,708 per year, levied until voters change or repeal it.” A total of $143,872 was collected from this tax in 2022, which is an approximately 13% reduction from the $165,798 collected in 2021.

The Economy Element includes several implementation items that relate to Mammoth Yosemite Airport (MMH) operations, including seeking Federal funding for airport improvements, upgrading the airport terminal, updating the Airport Master Plan and working with the Federal Aviation Administration (FAA) to evaluate the development of Mammoth Yosemite Airport.

In 2022, scheduled charter air service continued to MMH with service provided by Advanced Airlines. Advanced Airlines and providing flights to Burbank (BUR), Carlsbad (CLD), and Hawthorne (HHR) during the winter months. United Airlines continued commercial service to Bishop.

During 2022, the Security Gates and Terminal Area Fencing project, which began in 2021, was completed. The project included construction of a new 8-foot-tall chain link fence along a portion of the north side of the airport, with two single cantilever gates for vehicles, one pedestrian gate, and a new security camera system.

The Town bid and awarded a project to relocated and upgrade the Automated Weather Observation System (AWOS) at the airport in preparation for the Airport Rescue and Firefighting (ARFF)/Snow Removal Equipment Building project. The AWOS Relocation and

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ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 23 of 32
Upgrade project will begin construction in 2023. The airport also received a grant for the design of the ARAFF/Snow Removal Equipment Building.

Staff continued to work with the FAA and consultants to complete the Airport Layout Plan (ALP) Update. The ALP update will be completed in early 2023. Staff continues to work with Inyo County, Mono County, Eastern Sierra Council of Governments, Caltrans, and the FAA on enhancing regional air service and transportation.

Housing Element
Housing element law requires local governments to adequately plan to meet the existing and projected housing needs of all economic segments of the community and requires all Housing Elements meet the requirements of the California Government Code sections 65583 and 65584. The Town’s 6th cycle Housing Element was adopted in 2019 and covers the 8-year planning period of 2019-2027.2
The following summarizes the Town's progress to achieving the programs identified in the adopted Housing Element. A complete summary of the Town's progress is included as Attachment 1, 2022 Mammoth Lakes Hosing Element Annual Progress Report.

The top Town Council Strategic Priority for 2022 directs staff to, “Expand availability and affordability of community housing.” Progress made in 2022 towards this priority and the defined objectives is summarized below:
• Initial planning for “The Parcel” shall be complete and ready to proceed to development and funding through the development of a community-based master plan. (Action H.1.F.1)
o The Parcel Master Plan was adopted by Town Council in January 2021. The updated Master Plan provides the framework for development. o The Town Council made a determination that the Parcel was ‘exempt surplus land’ pursuant to Government Code §54221(f)(1)(A) in April 2021, thereby allowing the Town to enter into a Disposition and Development Agreement (DDA) with the Town’s development partner for the project, Pacific West Companies, Inc (PWC).
o The building permit for Phase 1 (80 affordable units and 1 manager’s unit) was issued in May 2022.
o The parking podium and placement of the Phase 1 modular units was completed in November 2022. Additional work to weather-proof the units and complete the exterior has continued through the winter. Occupancy of Phase 1 is expected in fall 2023.
o Approximately $78M in funding has been committed to the Parcel from various sources, including, but not limited to, the State Housing Accelerator Program ($38.6M), the Infill Infrastructure Grant program ($21.6M), and local fund commitments from the Town and Mono County. 2 The change in the Housing Element update cycle from a 5-year cycle to an 8-year cycle was implemented by CA Senate Bill 375 (SB-375) and is intended to align land use planning for housing with land use planning for greenhouse gas reduction. The RHNA sets local housing and zoning goals to support future growth and these local goals are in turn aggregated into a region-wide Sustainable Community Strategy (SCS) to fairly allocate greenhouse gas emission reduction targets across the region. SB-375 requires consistency between the RHNA and the region-wide SCS, and the consistency is achieved through the implementation of the Regional Transportation Plan (RTP). The Mono County RTP was last updated in 2019, shortly after the adoption of the Town’s Housing Element.

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January 1 – December 31, 2022
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The Town and PWC are continuing to pursue additional grant programs for future phase funding, in addition to the funding that the Town continues to set aside for the project.
• The Town and MLH launched the Bridge program in 2021 to acquire market-rate units that are then resold to local workforce households at an affordable price.

Since the program’s inception in November 2021, six units have been acquired and four units have been resold to income eligible households. Staff continue to look for additional units for the program.
• The Town purchased a vacant 0.20-acre site in 2021 and completed the procurement process in 2022 to bring on a design-build entity to construct a 4- unit planned unit development (PUD) The completed units will be sold at an affordable price with a deed-restriction in place to ensure the long-term affordability of the units. The entitlement application was submitted in early-2023 and construction on this project is expected to begin in spring-2023.

The Town continued to dedicate funding (including allocation of Transient Occupancy Tax monies) in support of affordable and workforce housing programs (Action H.2.A.1). In 2022, the following programs and entities were funded:
• Mammoth Lakes Housing, Inc. (MLH), operating under a contract with the Town, continued to receive funding from the Town to support their work. MLH was established by the Town in 2003 to acquire and develop reasonably priced housing for the resident worker population of Mammoth Lakes, and to manage and facilitate the ownership and rental of such housing. MLH has successfully rehabilitated and preserved numerous income-restricted housing units in coordination with the Town and other organizations such as IMACA. • The Town has committed approximately $14M of General Fund dollars towards housing over the past two years to the following programs and projects:
o Parcel Phases 1 and 2
o Bridge Program (conversion of market-rate to affordable) o Creative housing solutions (i.e., public/private partnerships, acquisition of employee housing units)
o Small-site affordable housing development projects (i.e., 60 Joaquin Rd) o MLH’s 238 Sierra Manor Road affordable housing project (11 affordable units) and Innsbruck Lodge affordable housing project (15 affordable units / 1 manager’s unit)
To assist in the inadvertent loss of deed-restricted units (Policy H.2.G), the Town and MLH achieved the following:
• The Town sent letters to the 25 deed restricted properties that the Town is tasked with monitoring in late-2021. Through this outreach, the Town was made aware of seven properties (7) where the deed restrictions had been previously rescinded for various reasons and are continuing to work with the owners of the remaining properties to ensure compliance. The goal of this work program item is to determine the status of all the Town deed-restricted units and work with MLH to oversee the monitoring during subsequent years.
• In addition to the Town deed restricted units, MLH monitors approximately 40 deed restricted units on an annual basis.

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January 1 – December 31, 2022
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The Town and MLH continue to pursue grant funds to support housing programs (Action H.2.A.2) and the following grant-related work was completed in 2022:
• The Town and MLH applied for, and were awarded, a $4.56M Homekey grant for the Innsbruck Lodge Affordable Housing project. This adaptive reuse project will convert the existing hotel into 16 residential rental units, of which 15 will be affordable to households earning at or below 80% AMI. Construction began in winter 2022 and occupancy is expected in fall 2023.
• The Town was awarded a $3M CDBG housing rehabilitation grant and MLH was awarded a $3.4M HOME grant for the Access Apartments project. This adaptive reuse project will convert two existing commercial buildings into 11 residential rental units affordable to households earning at or below 80% AMI. MLH is hopeful to being construction in spring 2023.
• The Town was awarded $317,184 in CDBG funding allocated by the CARES Act in 2021. The Town initially intended to use the funds for a subsistence payment program (e.g., rental, mortgage, and utility payment assistance) for those financially impacted by COVID-19; however, due to low interest in the program, the Town amended the scope of work to allow for the remaining $290,000 in funding to go towards the new public park in the Parcel. Construction on the park is anticipated to be completed in summer 2023.
• The Town applied for $500,000 in CDBG grant funding and $1M in HOME grant funding in 2022; however, the Town was not successful in the HOME grant application and are still awaiting notification regarding the CDBG grant. • The Town applied for $490,000 in Permanent Local Housing Allocation (PLHA) grant funds in November 2022 for mortgage assistance to households earning up to 120% AMI (awaiting notification).
• Mortgage assistance continues to be provided through the reinvestment of repaid BEGIN loan funds and two loans totaling $128,000 were made in 2022. Those funds in turn leveraged $602,000 of private investment for a total of $730,000 in local real estate investment.

In 2022, progress was made on the following work program items intended to increase the supply of workforce housing:
• MLH made progress towards construction on their 238 Sierra Manor Road project.

The project consists of a substantial rehabilitation and conversion of an existing commercial structure into 11 one-bedroom, low-income apartments. MLH and the Town continued to coordinate with the State on the HOME and CDBG grants for the project. MLH is hopeful to begin construction in 2023. • The Town issued the building permit and began construction of the initial 81 units (80 of the units will qualify as affordable housing w/ AMI levels no higher than 80%) for Phase 1 of The Parcel. Occupancy is expected in fall 2023. Future phases will be dependent on acquisition of funding. (See highlights in the Town Council Strategic Priorities section above for additional details) • Through the Town’s Bridge program, four (4) existing market-rate units were converted to owner-occupied deed-restricted units. The income restrictions on these units range from 120% -150% AMI and require occupancy by a local workforce household.
• The Town initiated a zoning code amendment to implement Senate Bill 9 (SB 9) in December 2021. SB 9 requires local agencies consider certain proposed twoPage 172 of 464

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unit projects and lot splits ministerially and allows residential property owners to split a single-family lot into two lots and place up to two units on each resulting lot. The purpose of SB 9 is to create housing the is affordable-by-design that is affordable to the local workforce.

In order to ensure accessibility and the provision of equal housing opportunities for all persons, the following was implemented and/or continued in 2022:
• MLH has established a relationship with Bishop Indian Legal Aid services to assist tenants and respond to substandard housing complaints and has setup a legal aid remote workstation in the MLH office. The Town’s Code Compliance Officer aids in investigating substandard housing complaints. (Action H.2.E.1; Action H.5.C.1) • The Town continues to process applications at no cost to the applicants for Reasonable Accommodation to provide appropriate relief from development standards to might create a barrier to providing housing for a disabled or special needs person. (Action H.1.E.3)
• The Town requires that all new developments and rehabilitations of housing units meet the requirements of Title 24 of the California Code of Regulations (Building Code). (Action H.6.B.1)
• MLH and the Town continue to maintain information regarding fair housing practices on their websites and in the offices. (Action H.5.B.1) Additional 2022 housing related highlights:
• The Town continues to implement the mitigation requirements of the Housing Ordinance and the Town collected approximately $900,000 in Housing Impact Mitigation Fees from the issuance of building permits for 34 residential units, 158 lodging rooms, and 3 industrial permits.3
• The Town and MLH continue to monitor the annual apartment vacancy rate and enforce its condominium-conversion requirements pursuant to Municipal Code Section 17.52.110. Due to the ongoing low apartment vacancy rate (less than 1%), no condominium conversions have taken place in at least the last five years. 3 An additional 13 building permits for residential construction were issued in 2022; however, those permits were either exempt from the housing mitigation fee (e.g., ADU construction, Affordable Deed-Restricted Housing) or their housing mitigation was previously satisfied through the donation of land that was ultimately developed with affordable housing (e.g., Snowcreek VII previously mitigated their housing impact via the donation of land for the Aspen Village apartments).

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 27 of 32

REGIONAL HOUSING NEEDS
Table 1 summarizes the Town's progress towards meeting the Town’s share of the Regional Housing Needs Allocation (RHNA) for the 2019-2027 Housing Element period.

Table 1: 2019-2027 Progress to Meeting RHNA 1
Year
Constructed/Restricted
Extremely
Low
Very
Low Low Moderate AboveModerate
RHNA 2019-2027 13 13 30 34 65
2019 0 0 0 0 412
2020 0 0 0 0 612
2021 0 0 0 0 422
2022 8 8 64 0 462
Total 8 8 64 0 190
Total Remaining by
Income Level
5 5 0
(34 units
over the
allocation)
34 0
(125 units
over the
allocation)
1 The State relies on the number of building permits issued, rather than the number of permits completed, to demonstrate progress in meeting the jurisdiction’s share of the RHNA for the planning period.
2 In years 2019-2022, all of the Above Moderate units permitted were non-deed restricted market rate units.

The building permit for the first phase of development of the Parcel was issued in 2022 and includes 80 units that will be available to households with incomes ranging from extremely-low to low based on the Mono County AMI levels. This project made substantial progress towards meeting the Town’s share of the RHNA for the lower income levels; however, additional efforts will need to be focused on the production of housing, particularly for moderate-income residents, in order to achieve the Town's fair share of the regional housing needs.

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 28 of 32

GOVERNMENTAL CONSTRAINTS TO

AFFORDABLE HOUSING
The Housing Element is required to analyze and identify potential government constraints to the production of affordable housing, and where possible, identify programs that will help to lessen these constraints. Examples of such constraints are government-imposed fees that contribute to the overall cost of housing production, development standards that make it more difficult or costly to develop, or review processes that add time and cost to housing development proposals.

Although some development standards, such as those for on-site parking, lot coverage, and setbacks may be more stringent than in other communities, they are appropriate in the town’s local context, particularly the need to deal with large amounts of snowfall.

The analysis of government constraints found that the Town’s permitting, development review, and fees represent actual staff costs and time to process applications and are not unduly restrictive to new residential development. The Town undertook a review of its development impact fees, including housing mitigation in-lieu fees, and as a result lowered fees substantially in 2015. Work began in 2021 on a new Housing Nexus Study and Development Impact Fee study and is expected to be completed in 2023.

The Town of Mammoth Lakes has a Reasonable Accommodation ordinance to help facilitate the construction of special facilities or features for persons with disabilities. The Community and Economic Development Division is committed to reviewing and processing applications for Reasonable Accommodation, at no cost, to provide appropriate relief from development standards that might create a barrier to providing housing for a disabled or special needs person.

Related to the elimination or reduction of government constraints to the production of affordable housing, the Town has completed the following zoning code amendments in recent years aimed at achieving this objective:
• The Town Council adopted an urgency ordinance in 2019 making amendments to the Municipal Code standards for Secondary Dwelling Units (“accessory dwelling units” or “ADUs”) to bring the Zoning Code into compliance with the State ADU laws. This amendment to the Zoning Code reduced governmental constraints applicable to building ADUs by further limiting certain development standards and approval requirements. Staff initiated a subsequent amendment in 2020 to the Town’s ADUs regulations with the goal of further reducing governmental constraints and improving the clarity and usability of the ADU regulations. This amendment was completed in 2021.
• Town staff completed an update to the Town Density Bonus Program in 2020, which included modifications to the General Plan and Zoning Code. Amendments to the Zoning Code regulations included implementing the revised Town Density Bonus Program and allowing for multi-family residential projects to obtain proportionately greater density bonuses in exchange for deed restricting a greater percentage of the base density units, up to a maximum of twice the base density.

This program update reduces governmental constraints by allowing for greater flexibility in the use of the Town density bonus and an allowance for smaller projects to qualify for the program. The minimum project size prior to the update

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 29 of 32
required a base density of at least five-units and the updated minimum project size allows for projects with a base density of at least two-units to qualify. • The Town initiated a zoning code amendment to implement Senate Bill 9 (SB 9) in December 2021. SB 9 requires local agencies consider certain proposed twounit projects and lot splits ministerially and allows residential property owners to split a single-family lot into two lots and place up to two units on each resulting lot. SB 9 was signed into law in September 2021 and became effective on January 1, 2022. The Town adopted an urgency ordinance in January 2022 to implement development standards related to SB 9. This amendment to implement SB 9 standards is intended to reduce governmental constraints applicable to building residential units by eliminating and/or reducing certain development standards (e.g., setbacks, density, parking, lot coverage, and height) and approval requirements (e.g., ministerial approval of urban lot splits).

Programs identified in the 2019-2027 Housing Element to reduce governmental constraints to housing production include:
• Policy H.4.A. Periodically review and update permit and development fees to ensure that they appropriately reflect the cost of processing applications and providing services to new development, without unduly increasing costs to build housing. The Town is required to conduct annual reviews of development impact fee expenditures, and has a goal of updating the development impact fees every five years.
• Policy H.4.B. Consider reduction or waiver of permit and development impact fees for projects that dedicate some or all of their units to affordable housing.

Consider waiving development impact fees only when significant impacts (e.g. circulation) can be avoided.
o Action H.4.B.1. Consider changes to the Development Impact Fee schedule to reduce or eliminate fees for developments in which at least five percent of units are affordable to extremely low-income households. To be eligible for reduced or waived fee, the units shall be affordable by affordability covenant. The waiving or reduction of service mitigation fees may also be considered when an alternative funding source is identified to pay these fees.
• Policy H.4.C. Ensure that the Zoning Code continues to meet State Law requirements and does not unduly restrict certain types of housing to be developed. The Town regularly reviews and updates to the Zoning Code to incorporate mandates and other appropriate revisions.
• Policy H.4.D. Continue to allow accessory dwelling units by right in all residential zones.
o Action H.4.D.1. Accessory dwelling units (ADU) can be an affordable housing option and can help meet the needs of many residents in the Town.

To ensure consistency with state law (Assembly Bill 2299/Senate Bill 1069 and Assembly Bill 494/Senate Bill 229) and implement community goals, the Town shall review standards and revise as necessary to facilitate the development of ADUs.
o Action H.4.D.2. Promote development of accessory dwelling units (ADU) by increasing awareness regarding the ability to create accessory dwelling units on single-family residential properties, exploring variances (e.g. side

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 30 of 32
yard setbacks) to make it easier to fit ADUs on some lots, and establishing a goal for a desired number of ADUs to be built. The Town will also offer incentives to develop ADUs in exchange for long-term rental contracts. • Policy H.4.E. Periodically review and update Town codes, ordinances, fee programs and procedures to ensure that they do not unduly constrain housing development, while ensuring development impacts are adequately mitigated through development impact fees and/or other appropriate measure(s). o Action H.4.E.1. Continue to monitor the Town’s DIF ordinance to assure that impact fees do not create an economic impediment that deters construction of housing needed to meet the Town’s Regional Housing Needs Allocation or workforce housing objectives. If an economic impediment is discovered, Council will take appropriate actions to mitigate it.
o Action H.4.E.2. To address constraints to the availability of long-term rental housing associated with short-term rentals the Town will establish a program identifying methods to mitigate the issue. Components of the program may include waiving fees for illegal short-term rentals owners who commit to restricting their properties as long-term rentals, creating an impact fee levied on short-term rentals that would go towards preserving or creating long-term rental housing, and conducting a nexus study to further study how short-term rentals are impacting the rest of the housing market.
• Policy H.4.F. Prioritize workforce and affordable housing when considering future development proposals relative to Town policies that limit overall population growth.

Additional information on the Town’s progress towards implementing the above-described policies and actions related to governmental constraints to affordable housing is included in Attachment 1, 2022 Mammoth Lakes Hosing Element Annual Progress Report.

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 31 of 32

PLANNING APPLICATIONS
The following table summarizes the status of planning applications as of December 31, 2022. A detailed list of application requests is attached to this report (Attachment 2).

Table 2: 2022 Planning Applications
Table 1
Application Types Requests Approved4 Denied In Process
General Plan Amendments (GPA) 1 0 0 1
District Zoning Amendments (DZA) 1 0 0 1
Zoning Code Amendments (ZCA) 0 1 0 0
Use Permit Applications (UPA) 4 4 0 1
Tentative Tract Maps (TTM) 4 5 0 1
Tentative Parcel Maps (TPM) 0 0 0 0
Variances (VAR) 4 4 0 1
Design Reviews (DR) 7 9 0 3
Administrative Design Review (ADR) 5 4 0 2
Lot Line Adjustments (LLA) 0 2 0 0
Concept Reviews (CR) 0 NA NA 0
Adjustments (ADJ) 9 6 0 3
Administrative Permits (AP) 4 4 0 0
Time Extension Requests (TER) 0 1 0 0
Land Donations 0 0 0 0
Building Permits (BP) 832 795 NA NA
Code Compliance Cases (CC) 160 NA NA NA
TOT Compliance Cases 73 NA NA NA
Sign Permits (SP) 15 15 0 0
Master Sign Plans (MSP) 1 1 0 0
Tree Removal Permits (TRP) 51 51 0 0
Outdoor Sales Permit (OS) 0 0 0 0
Business Tax Certificates (BTC) 325 323 NA NA
Film Permits (FP) 5 5 0 0
4 Approved list includes projects from previous years approved in 2022 by the Director, PEDC, or Town Council

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TOWN OF MAMMOTH LAKES

ANNUAL PLANNING REPORT
January 1 – December 31, 2022
2022 Annual Planning Activities Report Page 32 of 32
LOOK AHEAD - MAJOR PROJECTS IN 2023
The Town of Mammoth Lakes anticipates a busy 2023 completing significant work programs and projects that will further implement the 2007 General Plan and anticipated projects include:
• Continued work on the Multi-Use Facility and Ice Rink (aka Community Recreation Center) with an expected completion in 2023.
• Process entitlements and the environmental review for the Main Lodge redevelopment project. This multi-year effort will continue in 2023. • Various hotel entitlement projects within the Commercial zones and North Village Specific Plan (NVSP) area.
• Complete the Parcel Phase 1, which will include 81 units (80 affordable, 1 manager) of housing, childcare space for up to 34 children, community space, and a 0.8-acre park, and begin development of the Parcel Phase II, which will include up to 148 units (funding dependent).
• Continue planning the Mammoth Lakes Foundation (MLF) site. Potential uses on the site include a snow pit, child-care facility, dog park, housing, a performing arts center, and parking.
• Continue to pursue the purchase of market-rate units through the Bridge program that will then be resold as affordable deed-restricted units. • Begin construction on the four-unit residential project on the Town-owned 60 Joaquin Road site. These units will be sold at an affordable deed-restricted price. • Completion of a Housing Nexus Study and DIF Fee Study update. • Continued administration of existing housing grants (CDBG, HOME, and BEGIN) in conjunction with MLH. The Town and MLH will continue to review and consider additional housing grant opportunities as funding becomes available. • Continued TOT Enforcement.
• Continued implementation of the Quality-of-Life Ordinance. • Code Compliance.
• Permit Processing.
• Implementation of grant funded sidewalk and trails projects.

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2022 MAMMOTH LAKES Housing Element Annual Progress Report General InformationFirst Name Nolan Street Address P.O. Box 1609 Phone 7609653631Last Name Bobroff City Mammoth Lakes Email [email protected] ov
Title Senior Planner - Housing
Coordinator
Zip Code 93546
Comments: Include any additional information or explanation for the information provided in the following tables.

MAMMOTH LAKES - 2022 1

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2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE A - Housing Development Applications SubmittedUnit Information Project Identifier Proposed Units Affordability by Household Incomes Current APN Street
Address
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total
Proposed
Units by
Project
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
022-392-013-
000
365 Fir Street 0 0 0 0 0 0 1 1 1 0
022-382-041-
000
180 Le Verne
Steet
0 0 0 0 0 0 1 1 1 0
033-330-087-
000
100 Callahan
Way
0 0 0 0 0 0 33 33 33 0
035-230-005-
000
164 Old
Mammoth
Road
0 0 3 0 0 0 0 3 3 0
033-390-004-
000
5 Canyon Blvd 0 0 0 0 0 0 15 15 15 0
033-110-003-
000
3789 Main
Street
0 0 0 0 0 0 12 12 12 0
035-290-001-
000
1699 Tavern
Road
0 0 148 0 0 0 0 148 148 0
022-400-022-
000
520 Le Verne
Street
0 0 0 0 0 0 1 1 1 0
033-041-006-
000
913 Forest Trail 3 0 12 0 0 0 1 16 16 0
033-150-039-
000
377 Manzanita
Road
0 0 0 0 0 0 6 6 6 0
033-123-008-
000
53 Lupin Street 0 0 0 0 0 0 1 1 0 0
032-060-020-
000
67 Valley Vista
Drive
0 0 0 0 0 0 1 1 0 0
031-180-040-
000
211 Rainbow
Place
0 0 0 0 0 0 1 1 0 0
MAMMOTH LAKES - 2022 2

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022-400-022-
000
520 Le Verne
Street
0 0 0 0 0 0 1 1 0 0
033-210-031-
000
52 White Pine
Drive
0 0 0 0 0 0 1 1 0 0
035-160-017-
000
362 Chaparral
Road
0 0 0 0 0 0 6 6 0 0
033-350-011-
000
229 Starwood
Drive
0 0 0 0 0 0 1 1 0 0
032-120-011-
000
751 Majestic
Pines Drive
0 0 0 0 0 0 1 1 0 0
031-080-012-
000
1427 Forest
Trail
0 0 0 0 0 0 1 1 0 0
022-290-014-
000
2321 Old
Mammoth
Road
0 0 0 0 0 0 1 1 0 0
022-382-049-
000
245 Le Verne
Street
0 0 0 0 0 0 1 1 0 0
032-020-017-
000
1219 Majestic
Pines Drive
0 0 0 0 0 0 1 1 0 0
035-021-009-
000
55 Knob Hill
Lane
0 0 0 0 0 0 1 1 0 0
035-200-023-
000
540 Old
Mammoth
Road
0 0 0 0 0 0 1 1 0 0
040-090-016-
000
92 Ridge Way 0 0 0 0 0 0 1 1 0 0
032-060-008-
000
6 Holiday Vista
Drive
0 0 0 0 0 0 1 1 1 0
040-090-004-
000
23 Ridge Way 0 0 0 0 0 0 1 1 1 0
033-421-009-
000
460 E Bear
Lake Drive
0 0 0 0 0 0 1 1 1 0
022-393-050-
000
445 Le Verne
Street
0 0 0 0 0 0 1 1 1 0
035-100-004-
000
25 Center
Street
0 0 0 0 0 0 2 2 2 0
MAMMOTH LAKES - 2022 3

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039-041-020-
000
29 St. Anton
Circle
0 0 0 0 0 0 1 1 1 0
032-070-022-
000
301 Valley
Vista Drive
0 0 0 0 0 0 1 1 1 0
033-133-012-
000
94 Mono Street 0 0 0 0 0 0 1 1 1 0
035-210-029-
000
220 Sierra
Manor Road
0 0 0 0 0 0 1 1 1 0
Totals 3 0 163 0 0 0 100 266 246 0
MAMMOTH LAKES - 2022 4

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Project Information
Project Identifier Unit Types Density Bonus Applications Prior APN Current APN Street
Address
Project Name Local
Jurisdiction
Tracking ID
Unit
Category
Tenure Date
Application
Submitted
Was
Application
Submitted
Pursuant to
SB 35
Streamlining?
Was a Density
Bonus
requested for
this housing
development?
Was a Density
Bonus
approved for
this housing
development?
Please
indicate the
status of the
application
Notes
022-392-013-
000
365 Fir Street New SFR ADR 21-005;
UPA 21-006;
BP22-0002
SFD Owner 01/10/2022 No No No Approved
022-382-041-
000
180 Le Verne
Steet
New SFR ADR 22-001 SFD Owner 06/08/2022 No No No Approved 033-330-087-
000
100 Callahan
Way
Villas III PUD TTM 21-001;
BP 22-00467;
BP22-00468;
BP22-00469
SFA Owner 01/19/2022 No No No Pending Entitlement
approved;Buildingpermitspending
035-230-005-
000
164 Old
Mammoth
Road
Sierra Nevada
Resort
Expansion
DR 21-005;
UPA 21-005
2 to 4 Renter 01/26/2022 No No No Approved 3 affordable units includedwithin a hotelexpansionproject
033-390-004-
000
5 Canyon Blvd Limelight Hotel TTM 22-002;
BP22-00766
5+ Owner 04/01/2022 No No No Pending Entitlement
approved;Building permitis pending; 149key hotelproject plus 15condominiumunits 033-110-003-
000
3789 Main
Street
Terra Blanca
PUD
TTM 22-003 5+ Owner 10/06/2022 No No No Approved
035-290-001-
000
1699 Tavern
Road
The Parcel Ph
2 DR 22-003 5+ Renter 06/07/2022 No No No Approved
022-400-022-
000
520 Le Verne
Street
New SFR DR 22-004;
UPA 22-004
SFD Owner 06/08/2022 No No No Approved
MAMMOTH LAKES - 2022 5

Page 184 of 464 ends

033-041-006-
000
913 Forest
Trail
Innsbruck
Affordable
Housing
Project
SIP 22-001;
BP 22-00693
5+ Renter 11/03/2022 Yes-Approved No No Approved
033-150-039-
000
377 Manzanita
Road
377 Manzanita
Road
DR 20-004;
UPA 20-002
5+ Renter 11/01/2021 No No No Approved
033-123-008-
000
53 Lupin Street ADU -
Detached
BP22-00205 ADU Renter 04/21/2022 No No No Pending
032-060-020-
000
67 Valley Vista
Drive
ADU -
Detached
BP22-00394 ADU Renter 06/27/2022 No No No Pending
031-180-040-
000
211 Rainbow
Place
New SFR BP22-00081 SFD Owner 02/24/2022 No No No Pending 022-400-022-
000
520 Le Verne
Street
New SFR BP22-00633 SFD Owner 09/15/2022 No No No Pending 033-210-031-
000
52 White Pine
Drive
New SFR BP22-00669 SFD Owner 09/26/2022 No No No Pending 035-160-017-
000
362 Chaparral
Road
Chaparral
Townhomes
PUD
BP22-00836;
BP22-00837
5+ Owner 12/30/2022 No No No Pending
033-350-011-
000
229 Starwood
Drive
New SFR BP22-00689 SFD Owner 10/03/2022 No No No Pending 032-120-011-
000
751 Majestic
Pines Drive
New SFR BP22-00653 SFD Owner 09/21/2022 No No No Pending 031-080-012-
000
1427 Forest
Trail
New SFR BP22-00706 SFD Owner 10/10/2022 No No No Pending 022-290-014-
000
2321 Old
Mammoth
Road
New SFR BP22-00818 SFD Owner 12/05/2022 No No No Pending 022-382-049-
000
245 Le Verne
Street
New SFR BP22-00823 SFD Owner 12/08/2022 No No No Pending 032-020-017-
000
1219 Majestic
Pines Drive
New SFR BP22-00835 SFD Owner 12/29/2022 No No No Pending 035-021-009-
000
55 Knob Hill
Lane
ADU -
Detached
BP22-00834 ADU Renter 12/29/2022 No No No Pending
035-200-023-
000
540 Old
Mammoth
Road
540 Mixed-Use BP22-00145 SFA Owner 03/23/2022 No No No Pending MAMMOTH LAKES - 2022 6

Page 185 of 464 ends

040-090-016-
000
92 Ridge Way New SFR BP22-00085 SFD Owner 02/28/2022 No No No Pending 032-060-008-
000
6 Holiday Vista
Drive
New SFR BP22-00136 SFD Owner 06/22/2022 No No No Approved 040-090-004-
000
23 Ridge Way New SFR BP22-00068 SFD Owner 07/27/2022 No No No Approved 033-421-009-
000
460 E Bear
Lake Drive
ADU -
Attached
BP22-00093 ADU Renter 12/28/2022 No No No Approved
022-393-050-
000
445 Le Verne
Street
ADU -
Detached
BP22-00189 ADU Renter 08/15/2022 No No No Approved
035-100-004-
000
25 Center
Street
New Duplex BP22-00190 2 to 4 Renter 08/17/2022 No No No Approved 039-041-020-
000
29 St. Anton
Circle
New SFR BP22-00061 SFD Owner 09/12/2022 No No No Approved 032-070-022-
000
301 Valley
Vista Drive
New SFR BP22-00349 SFD Owner 09/08/2022 No No No Approved 033-133-012-
000
94 Mono
Street

ADU - MFR
Interior
BP22-00114 ADU Renter 10/28/2022 No No No Approved
035-210-029-
000
220 Sierra
Manor Road
220 SMR -
Commercial
Conversion
BP22-00783 2 to 4 Renter 01/12/2023 No No No Approved Office space beingconverted to arentalapartmentwithin a bldgw/ 4 existingapartments(previouslyconverted fromoffice space) MAMMOTH LAKES - 2022 7

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2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE A2 - Annual Building Activity Report Summary - New ConstructionEntitlements Project Identifier Affordability by Household Income - Entitlements Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
Issued
Entitlements
035-290-001-
000
1699 Tavern
Rd
DR 22-003 32 0 115 0 0 0 1 07/13/2022 148
022-382-041-
000
365 Fir Street ADR 21-005;
UPA 21-006;
BP22-0002
0 0 0 0 0 0 1 02/09/2022 1
033-330-087-
000
180 Le Verne
Steet
ADR 22-001 0 0 0 0 0 0 1 06/29/2022 1
035-230-005-
000
100 Callahan
Way
TTM 21-001 0 0 0 0 0 0 33 05/11/2022 33
033-390-004-
000
164 Old
Mammoth
Road
DR 21-005;
UPA 21-005
0 0 3 0 0 0 0 02/10/2022 3
033-110-003-
000
5 Canyon Blvd TTM 22-002 0 0 0 0 0 0 15 07/06/2022 15
035-290-001-
000
3789 Main
Street
TTM 22-003 0 0 0 0 0 0 12 11/08/2022 12
022-400-022-
000
520 Le Verne
Street
DR 22-004;
UPA 22-004
0 0 0 0 0 0 1 08/09/2022 1
033-041-006-
000
913 Forest Trail SIP 22-001 3 0 12 0 0 0 1 12/02/2022 16 033-150-039-
000
377 Manzanita
Road
DR 20-004;
UPA 20-002
0 0 0 0 0 0 6 03/02/2022 6
035-010-020-
000
1699 Tavern
Rd
BP21-00725;
BP21-00794
0 0 0 0 0 0 0 0
031-051-007-
000
422 John Muir
Road
BP21-00241 0 0 0 0 0 0 0 0
MAMMOTH LAKES - 2022 8

Page 187 of 464 ends

033-421-009-
000
460 E Bear
Lake Drive
BP22-00093 0 0 0 0 0 0 0 0
033-180-021-
000
33 Hidden
Valley Road
BP21-00654 0 0 0 0 0 0 0 0
022-393-050-
000
445 Le Verne
Street
BP22-00189 0 0 0 0 0 0 0 0
033-133-012-
000
94 Mono Street BP22-00114 0 0 0 0 0 0 0 0
033-350-010-
000
225 Starwood
Drive
BP21-00535 0 0 0 0 0 0 0 0
033-360-002-
000
2006 Lodestar
Drive
BP21-00624 0 0 0 0 0 0 0 0
033-180-021-
000
33 Hidden
Valley Road
BP21-00653 0 0 0 0 0 0 0 0
031-260-011-
000
89 Bridges
Lane
BP21-00655 0 0 0 0 0 0 0 0
040-100-034-
000
247 Ridge Way BP21-00631 0 0 0 0 0 0 0 0
031-051-014-
000
368 John Muir
Road
BP21-00713 0 0 0 0 0 0 0 0
022-382-041-
000
180 Le Verne
Street
BP21-00768 0 0 0 0 0 0 0 0
033-350-022-
000
210 Starwood
Drive
BP20-00672 0 0 0 0 0 0 0 0
032-060-008-
000
6 Holiday Vista
Drive
BP22-00136 0 0 0 0 0 0 0 0
040-090-004-
000
23 Ridge Way BP22-00068 0 0 0 0 0 0 0 0
022-300-049-
000
145 Pine Street BP21-00770 0 0 0 0 0 0 0 0
039-041-020-
000
29 St. Anton
Circle
BP22-00061 0 0 0 0 0 0 0 0
032-070-022-
000
301 Valley
Vista Drive
BP22-00349 0 0 0 0 0 0 0 0
MAMMOTH LAKES - 2022 9

Page 188 of 464 ends

040-160-003-
000
1474 Old
Mammoth
Road
BP19-00815 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00816 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00803 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00804 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00819 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00802 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00820 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP21-00315 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP21-00316 0 0 0 0 0 0 0 0
035-100-004-
000
25 Center
Street
BP22-00190 0 0 0 0 0 0 0 0
022-480-045-
000
233 Red Fir
Road
BP19-00342 0 0 0 0 0 0 0 0
033-421-034-
000
86 E Bear Lake
Drive
BP19-00621 0 0 0 0 0 0 0 0
033-320-010-
000
35 Starwood
Drive
BP19-00049 0 0 0 0 0 0 0 0
033-420-005-
000
463 E Bear
Lake Drive
BP19-00700 0 0 0 0 0 0 0 0
033-421-018-
000
56 Bear Cub
Lane
BP19-00831 0 0 0 0 0 0 0 0
MAMMOTH LAKES - 2022 10

Page 189 of 464 ends

031-031-012-
000
292 Davison
Road
BP15-00333 0 0 0 0 0 0 0 0
022-300-061-
000
385 Pine Street BP21-00007 0 0 0 0 0 0 0 0
031-170-037-
000
93 Twin Lakes
Lane
BP19-00849 0 0 0 0 0 0 0 0
031-110-026-
000
125 Lakeview
Blvd.

BP19-00821 0 0 0 0 0 0 0 0
031-110-026-
000
125 Lakeview
Blvd.

BP19-00845 0 0 0 0 0 0 0 0
022-382-034-
000
320 Le Verne
Street
BP19-00727 0 0 0 0 0 0 0 0
031-140-028-
000
195 Horseshoe
Drive
BP07-164196 0 0 0 0 0 0 0 0
033-421-034-
000
86 E Bear Lake
Drive
BP19-00830 0 0 0 0 0 0 0 0
039-020-015-
000
415 Hillside
Drive
BP21-00062 0 0 0 0 0 0 0 0
031-110-026-
000
125 Lakeview
Blvd.

BP19-00822 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00812 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00813 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00811 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00810 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00809 0 0 0 0 0 0 0 0
MAMMOTH LAKES - 2022 11

Page 190 of 464 ends

040-160-003-
000
1474 Old
Mammoth
Road
BP19-00800 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00814 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP19-00837 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP19-00836 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP19-00839 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP19-00838 0 0 0 0 0 0 0 0
Totals 35 0 130 0 0 0 71 236
MAMMOTH LAKES - 2022 12

Page 191 of 464 ends

Building Permits
Project Identifier Affordability by Household Income - Building Permits Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
035-290-001-
000
1699 Tavern
Rd
DR 22-003 0 0 0 0 0 0 0 0
022-382-041-
000
365 Fir Street ADR 21-005;
UPA 21-006;
BP22-0002
0 0 0 0 0 0 1 05/23/2022 1
033-330-087-
000
180 Le Verne
Steet
ADR 22-001 0 0 0 0 0 0 0 0
035-230-005-
000
100 Callahan
Way
TTM 21-001 0 0 0 0 0 0 0 0
033-390-004-
000
164 Old
Mammoth
Road
DR 21-005;
UPA 21-005
0 0 0 0 0 0 0 0
033-110-003-
000
5 Canyon Blvd TTM 22-002 0 0 0 0 0 0 0 0
035-290-001-
000
3789 Main
Street
TTM 22-003 0 0 0 0 0 0 0 0
022-400-022-
000
520 Le Verne
Street
DR 22-004;
UPA 22-004
0 0 0 0 0 0 0 0
033-041-006-
000
913 Forest Trail SIP 22-001 0 0 0 0 0 0 0 0
033-150-039-
000
377 Manzanita
Road
DR 20-004;
UPA 20-002
0 0 0 0 0 0 0 0
035-010-020-
000
1699 Tavern
Rd
BP21-00725;
BP21-00794
16 0 64 0 0 0 1 05/03/2022 81
031-051-007-
000
422 John Muir
Road
BP21-00241 0 0 0 0 0 0 1 03/22/2022 1
033-421-009-
000
460 E Bear
Lake Drive
BP22-00093 0 0 0 0 0 0 1 12/28/2022 1
033-180-021-
000
33 Hidden
Valley Road
BP21-00654 0 0 0 0 0 0 1 04/14/2022 1
MAMMOTH LAKES - 2022 13

Page 192 of 464 ends

022-393-050-
000
445 Le Verne
Street
BP22-00189 0 0 0 0 0 0 1 08/15/2022 1
033-133-012-
000
94 Mono Street BP22-00114 0 0 0 0 0 0 1 10/28/2022 1
033-350-010-
000
225 Starwood
Drive
BP21-00535 0 0 0 0 0 0 1 02/08/2022 1
033-360-002-
000
2006 Lodestar
Drive
BP21-00624 0 0 0 0 0 0 1 03/07/2022 1
033-180-021-
000
33 Hidden
Valley Road
BP21-00653 0 0 0 0 0 0 1 04/14/2022 1
031-260-011-
000
89 Bridges
Lane
BP21-00655 0 0 0 0 0 0 1 04/28/2022 1
040-100-034-
000
247 Ridge Way BP21-00631 0 0 0 0 0 0 1 05/13/2022 1
031-051-014-
000
368 John Muir
Road
BP21-00713 0 0 0 0 0 0 1 04/27/2022 1
022-382-041-
000
180 Le Verne
Street
BP21-00768 0 0 0 0 0 0 1 07/11/2022 1
033-350-022-
000
210 Starwood
Drive
BP20-00672 0 0 0 0 0 0 1 06/20/2022 1
032-060-008-
000
6 Holiday Vista
Drive
BP22-00136 0 0 0 0 0 0 1 06/22/2022 1
040-090-004-
000
23 Ridge Way BP22-00068 0 0 0 0 0 0 1 07/27/2022 1
022-300-049-
000
145 Pine Street BP21-00770 0 0 0 0 0 0 1 08/05/2022 1
039-041-020-
000
29 St. Anton
Circle
BP22-00061 0 0 0 0 0 0 1 09/12/2022 1
032-070-022-
000
301 Valley
Vista Drive
BP22-00349 0 0 0 0 0 0 1 09/08/2022 1
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00815 0 0 0 0 0 0 3 04/01/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00816 0 0 0 0 0 0 3 04/01/2022 3
MAMMOTH LAKES - 2022 14

Page 193 of 464 ends

040-160-003-
000
1474 Old
Mammoth
Road
BP19-00803 0 0 0 0 0 0 3 04/01/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00804 0 0 0 0 0 0 3 04/01/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00819 0 0 0 0 0 0 3 04/13/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00802 0 0 0 0 0 0 2 04/13/2022 2
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00820 0 0 0 0 0 0 3 04/01/2022 3
033-370-020-
000
2610 Meridian
Blvd.

BP21-00315 0 0 0 0 0 0 2 05/23/2022 2
033-370-020-
000
2610 Meridian
Blvd.

BP21-00316 0 0 0 0 0 0 2 05/23/2022 2
035-100-004-
000
25 Center
Street
BP22-00190 0 0 0 0 0 0 2 08/17/2022 2
022-480-045-
000
233 Red Fir
Road
BP19-00342 0 0 0 0 0 0 0 0
033-421-034-
000
86 E Bear Lake
Drive
BP19-00621 0 0 0 0 0 0 0 0
033-320-010-
000
35 Starwood
Drive
BP19-00049 0 0 0 0 0 0 0 0
033-420-005-
000
463 E Bear
Lake Drive
BP19-00700 0 0 0 0 0 0 0 0
033-421-018-
000
56 Bear Cub
Lane
BP19-00831 0 0 0 0 0 0 0 0
031-031-012-
000
292 Davison
Road
BP15-00333 0 0 0 0 0 0 0 0
022-300-061-
000
385 Pine Street BP21-00007 0 0 0 0 0 0 0 0
031-170-037-
000
93 Twin Lakes
Lane
BP19-00849 0 0 0 0 0 0 0 0
MAMMOTH LAKES - 2022 15

Page 194 of 464 ends

031-110-026-
000
125 Lakeview
Blvd.

BP19-00821 0 0 0 0 0 0 0 0
031-110-026-
000
125 Lakeview
Blvd.

BP19-00845 0 0 0 0 0 0 0 0
022-382-034-
000
320 Le Verne
Street
BP19-00727 0 0 0 0 0 0 0 0
031-140-028-
000
195 Horseshoe
Drive
BP07-164196 0 0 0 0 0 0 0 0
033-421-034-
000
86 E Bear Lake
Drive
BP19-00830 0 0 0 0 0 0 0 0
039-020-015-
000
415 Hillside
Drive
BP21-00062 0 0 0 0 0 0 0 0
031-110-026-
000
125 Lakeview
Blvd.

BP19-00822 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00812 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00813 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00811 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00810 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00809 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00800 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00814 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP19-00837 0 0 0 0 0 0 0 0
MAMMOTH LAKES - 2022 16

Page 195 of 464 ends

033-370-020-
000
2610 Meridian
Blvd.

BP19-00836 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP19-00839 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP19-00838 0 0 0 0 0 0 0 0
Totals 16 0 64 0 0 0 46 126
MAMMOTH LAKES - 2022 17

Page 196 of 464 ends

Certificate of Occupancy
Project Identifier Affordability by Household Income - Certificate of Occupancy Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
Date Issued
# of Units
Issued
Certificates ofOccupancy or
other forms of
readiness
035-290-001-
000
1699 Tavern
Rd
DR 22-003 0 0 0 0 0 0 0 0
022-382-041-
000
365 Fir Street ADR 21-005;
UPA 21-006;
BP22-0002
0 0 0 0 0 0 0 0
033-330-087-
000
180 Le Verne
Steet
ADR 22-001 0 0 0 0 0 0 0 0
035-230-005-
000
100 Callahan
Way
TTM 21-001 0 0 0 0 0 0 0 0
033-390-004-
000
164 Old
Mammoth
Road
DR 21-005;
UPA 21-005
0 0 0 0 0 0 0 0
033-110-003-
000
5 Canyon Blvd TTM 22-002 0 0 0 0 0 0 0 0
035-290-001-
000
3789 Main
Street
TTM 22-003 0 0 0 0 0 0 0 0
022-400-022-
000
520 Le Verne
Street
DR 22-004;
UPA 22-004
0 0 0 0 0 0 0 0
033-041-006-
000
913 Forest Trail SIP 22-001 0 0 0 0 0 0 0 0
033-150-039-
000
377 Manzanita
Road
DR 20-004;
UPA 20-002
0 0 0 0 0 0 0 0
035-010-020-
000
1699 Tavern
Rd
BP21-00725;
BP21-00794
0 0 0 0 0 0 0 0
031-051-007-
000
422 John Muir
Road
BP21-00241 0 0 0 0 0 0 0 0
033-421-009-
000
460 E Bear
Lake Drive
BP22-00093 0 0 0 0 0 0 0 0
MAMMOTH LAKES - 2022 18

Page 197 of 464 ends

033-180-021-
000
33 Hidden
Valley Road
BP21-00654 0 0 0 0 0 0 0 0
022-393-050-
000
445 Le Verne
Street
BP22-00189 0 0 0 0 0 0 0 0
033-133-012-
000
94 Mono Street BP22-00114 0 0 0 0 0 0 0 0
033-350-010-
000
225 Starwood
Drive
BP21-00535 0 0 0 0 0 0 0 0
033-360-002-
000
2006 Lodestar
Drive
BP21-00624 0 0 0 0 0 0 0 0
033-180-021-
000
33 Hidden
Valley Road
BP21-00653 0 0 0 0 0 0 0 0
031-260-011-
000
89 Bridges
Lane
BP21-00655 0 0 0 0 0 0 0 0
040-100-034-
000
247 Ridge Way BP21-00631 0 0 0 0 0 0 0 0
031-051-014-
000
368 John Muir
Road
BP21-00713 0 0 0 0 0 0 0 0
022-382-041-
000
180 Le Verne
Street
BP21-00768 0 0 0 0 0 0 0 0
033-350-022-
000
210 Starwood
Drive
BP20-00672 0 0 0 0 0 0 0 0
032-060-008-
000
6 Holiday Vista
Drive
BP22-00136 0 0 0 0 0 0 0 0
040-090-004-
000
23 Ridge Way BP22-00068 0 0 0 0 0 0 0 0
022-300-049-
000
145 Pine Street BP21-00770 0 0 0 0 0 0 0 0
039-041-020-
000
29 St. Anton
Circle
BP22-00061 0 0 0 0 0 0 0 0
032-070-022-
000
301 Valley
Vista Drive
BP22-00349 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00815 0 0 0 0 0 0 0 0
MAMMOTH LAKES - 2022 19

Page 198 of 464 ends

040-160-003-
000
1474 Old
Mammoth
Road
BP19-00816 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00803 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00804 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00819 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00802 0 0 0 0 0 0 0 0
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00820 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP21-00315 0 0 0 0 0 0 0 0
033-370-020-
000
2610 Meridian
Blvd.

BP21-00316 0 0 0 0 0 0 0 0
035-100-004-
000
25 Center
Street
BP22-00190 0 0 0 0 0 0 0 0
022-480-045-
000
233 Red Fir
Road
BP19-00342 0 0 0 0 0 0 1 01/10/2022 1
033-421-034-
000
86 E Bear Lake
Drive
BP19-00621 0 0 0 0 0 0 1 01/26/2022 1
033-320-010-
000
35 Starwood
Drive
BP19-00049 0 0 0 0 0 0 1 02/17/2022 1
033-420-005-
000
463 E Bear
Lake Drive
BP19-00700 0 0 0 0 0 0 1 06/06/2022 1
033-421-018-
000
56 Bear Cub
Lane
BP19-00831 0 0 0 0 0 0 1 07/13/2022 1
031-031-012-
000
292 Davison
Road
BP15-00333 0 0 0 0 0 0 1 08/01/2022 1
MAMMOTH LAKES - 2022 20

Page 199 of 464 ends

022-300-061-
000
385 Pine Street BP21-00007 0 0 0 0 0 0 1 09/02/2022 1
031-170-037-
000
93 Twin Lakes
Lane
BP19-00849 0 0 0 0 0 0 1 10/20/2022 1
031-110-026-
000
125 Lakeview
Blvd.

BP19-00821 0 0 0 0 0 0 2 09/30/2022 2
031-110-026-
000
125 Lakeview
Blvd.

BP19-00845 0 0 0 0 0 0 2 12/02/2022 2
022-382-034-
000
320 Le Verne
Street
BP19-00727 0 0 0 0 0 0 1 01/14/2022 1
031-140-028-
000
195 Horseshoe
Drive
BP07-164196 0 0 0 0 0 0 1 11/02/2022 1
033-421-034-
000
86 E Bear Lake
Drive
BP19-00830 0 0 0 0 0 0 1 01/26/2022 1
039-020-015-
000
415 Hillside
Drive
BP21-00062 0 0 0 0 0 0 1 01/07/2022 1
031-110-026-
000
125 Lakeview
Blvd.

BP19-00822 0 0 0 0 0 0 2 09/13/2022 2
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00812 0 0 0 0 0 0 3 01/18/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00813 0 0 0 0 0 0 3 02/16/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00811 0 0 0 0 0 0 3 05/17/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00810 0 0 0 0 0 0 3 07/22/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00809 0 0 0 0 0 0 3 08/25/2022 3
040-160-003-
000
1474 Old
Mammoth
Road
BP19-00800 0 0 0 0 0 0 2 09/29/2022 2
MAMMOTH LAKES - 2022 21

Page 200 of 464 ends

040-160-003-
000
1474 Old
Mammoth
Road
BP19-00814 0 0 0 0 0 0 3 11/03/2022 3
033-370-020-
000
2610 Meridian
Blvd.

BP19-00837 0 0 0 0 0 0 2 05/04/2022 2
033-370-020-
000
2610 Meridian
Blvd.

BP19-00836 0 0 0 0 0 0 2 05/04/2022 2
033-370-020-
000
2610 Meridian
Blvd.

BP19-00839 0 0 0 0 0 0 2 07/11/2022 2
033-370-020-
000
2610 Meridian
Blvd.

BP19-00838 0 0 0 0 0 0 2 07/11/2022 2
Totals 0 0 0 0 0 0 46 46
MAMMOTH LAKES - 2022 22

Page 201 of 464 ends

Project Information
Project Identifier Unit Types Housing with
Financial
Assistance and/or
Deed Restrictions
Demolished/Destroyed Units
Units?
Prior
APN
Current
APN
Street
Address
Project
Name
Local
Jurisdicti
on
Tracking
ID
Unit
Category
Tenure Extremel
y Low
Income
Units
Was
Project
Approve
d using
SB 35
Streamli
ning?
Infill
Units?
Assistan
ce
Program
s for
each
Develop
ment
Deed
Restricti
on Type
Housing
without
Financial
Assistan
ce or
Deed
Restricti
ons
Term of
Affordabi
lity or
Deed
Restricti
on
Number
of
Demolish
ed/
Destroye
d Units
Demolish
ed or
Destroye
d Units?
Demolish
ed/ or
Destroye
d Units
Owner or
Renter
Notes
035-290-
001-000
1699
Tavern
Rd
The
Parcel Ph
2 DR 22-
003
5+ Renter 16 N Y IIG, Other Other 55 0 DR Type:

RegulatoryAgreement
022-382-
041-000
365 Fir
Street
New SFR ADR 21-
005; UPA
21-006;
BP22-
0002
SFD Owner 0 N Y 0
033-330-
087-000
180 Le
Verne
Steet
New SFR ADR 22-
001
SFD Owner 0 N Y 0
035-230-
005-000
100
Callahan
Way
Villas III
PUD
TTM 21-
001
SFA Owner 0 N Y 0
033-390-
004-000
164 Old
Mammoth
Road
Sierra
Nevada
Resort
Expansio
n
DR 21-
005; UPA
21-005
2 to 4 Renter 0 N Y Other 55 0 DR Type:

RegulatoryAgreement
033-110-
003-000
5 Canyon
Blvd
Limelight
Hotel
TTM 22-
002
5+ Owner 0 N Y 0
035-290-
001-000
3789
Main
Street
Terra
Blanca
TTM 22-
003
5+ Owner 0 N Y 0
MAMMOTH LAKES - 2022 23

Page 202 of 464 ends

022-400-
022-000
520 Le
VerneStreet
New SFR DR 22-
004; UPA
22-004
SFD Owner 0 N Y 0
033-041-
006-000
913
Forest
Trail
Innsbruck
Affordabl
e Housing
Project
SIP 22-
001
5+ Renter 3 Y Y HKEY Other 55 0 DR Type:

RegulatoryAgreement
033-150-
039-000
377
Manzanit
a Road
377
Manzanit
a Road
DR 20-
004; UPA
20-002
5+ Renter 0 N Y 0
035-010-
020-000
1699
Tavern
Rd
The
Parcel Ph
1 BP21-
00725;
BP21-00794
5+ Renter 8 N Y IIG,
NPLH,
Other
Other 55 0 DR Type:

RegulatoryAgreement
031-051-
007-000
422 John
Muir
Road
ADU -
Attached
BP21-00241
ADU Renter 0 N Y 0
033-421-
009-000
460 E
Bear
Lake
Drive
ADU -
Attached
BP22-00093
ADU Renter 0 N Y 0
033-180-
021-000
33 Hidden
Valley
Road
ADU -
Attached
BP21-00654
ADU Renter 0 N Y 0
022-393-
050-000
445 Le
VerneStreet
ADU -
Detached
BP22-00189
ADU Renter 0 N Y 0
033-133-
012-000
94 Mono
Street
ADU -
MFR
Interior
BP22-00114
ADU Renter 0 N Y 0
033-350-
010-000
225
Starwood
Drive
New SFR BP21-
00535
SFD Owner 0 N Y 0
033-360-
002-000
2006
Lodestar
Drive
New SFR BP21-
00624
SFD Owner 0 N Y 0
MAMMOTH LAKES - 2022 24

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033-180-
021-000
33 Hidden
Valley
Road
New SFR BP21-
00653
SFD Owner 0 N Y 0
031-260-
011-000
89 Bridges
Lane
New SFR BP21-
00655
SFD Owner 0 N Y 0
040-100-
034-000
247
Ridge
Way
New SFR BP21-
00631
SFD Owner 0 N Y 0
031-051-
014-000
368 John
Muir
Road
New SFR BP21-
00713
SFD Owner 0 N Y 0
022-382-
041-000
180 Le
VerneStreet
New SFR BP21-
00768
SFD Owner 0 N Y 0
033-350-
022-000
210
Starwood
Drive
New SFR BP20-
00672
SFD Owner 0 N Y 0
032-060-
008-000
6 Holiday
Vista
Drive
New SFR BP22-
00136
SFD Owner 0 N Y 0
040-090-
004-000
23 Ridge
Way
New SFR BP22-
00068
SFD Owner 0 N Y 0
022-300-
049-000
145 Pine
Street
New SFR BP21-
00770
SFD Owner 0 N Y 0
039-041-
020-000
29 St.Anton
Circle
New SFR BP22-
00061
SFD Owner 0 N Y 0
032-070-
022-000
301
Valley
Vista
Drive
New SFR BP22-
00349
SFD Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 21
BP19-00815
2 to 4 Owner 0 N Y 0
MAMMOTH LAKES - 2022 25

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040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 22
BP19-00816
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 23
BP19-00803
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 24
BP19-00804
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 38
BP19-00819
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 39
BP19-00802
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 40
BP19-00820
2 to 4 Owner 0 N Y 0
033-370-
020-000
2610
Meridian
Blvd.

Obsidian
- 21 & 22
BP21-00315
2 to 4 Owner 0 N Y 0
033-370-
020-000
2610
Meridian
Blvd.

Obsidian
- 23 & 24
BP21-00316
2 to 4 Owner 0 N Y 0
035-100-
004-000
25 Center
Street
New
Duplex
BP22-00190
2 to 4 Owner 0 N Y 0
022-480-
045-000
233 Red
Fir Road
ADU -
Detached
BP19-00342
ADU Renter 0 N Y 0
033-421-
034-000
86 E Bear
Lake
Drive
New SFR BP19-
00621
SFD Owner 0 N Y 0
033-320-
010-000
35 Starwood
Drive
New SFR BP19-
00049
SFD Owner 0 N Y 0
033-420-
005-000
463 E
Bear
Lake
Drive
New SFR BP19-
00700
SFD Owner 0 N Y 0
MAMMOTH LAKES - 2022 26

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033-421-
018-000
56 Bear
Cub Lane
New SFR BP19-
00831
SFD Owner 0 N Y 0
031-031-
012-000
292
Davison
Road
New SFR BP15-
00333
SFD Owner 0 N Y 0
022-300-
061-000
385 Pine
Street
New SFR BP21-
00007
SFD Owner 0 N Y 0
031-170-
037-000
93 Twin
Lakes
Lane
New SFR BP19-
00849
SFD Owner 0 N Y 0
031-110-
026-000
125
Lakeview
Blvd.

Lakeview
Townhom
es - 3 & 4
BP19-00821
SFA Owner 0 N Y 0
031-110-
026-000
125
Lakeview
Blvd.

Lakeview
Townhom
es - 1 & 2
BP19-00845
SFA Owner 0 N Y 0
022-382-
034-000
320 Le
VerneStreet
New SFR BP19-
00727
SFD Owner 0 N Y 0
031-140-
028-000
195
Horsesho
e Drive
New SFR BP07-
164196
SFD Owner 0 N Y 0
033-421-
034-000
86 E Bear
Lake
Drive
ADU -
Detached
BP19-00830
ADU Renter 0 N Y 0
039-020-
015-000
415
Hillside
Drive
ADU -
Interior
BP21-00062
ADU Renter 0 N Y 0
031-110-
026-000
125
Lakeview
Blvd.

Lakeview
Townhom
es - 5 & 6
BP19-00822
SFA Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 18
BP19-00812
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 19
BP19-00813
2 to 4 Owner 0 N Y 0
MAMMOTH LAKES - 2022 27

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040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 6
BP19-00811
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 5
BP19-00810
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 4
BP19-00809
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 3
BP19-00800
2 to 4 Owner 0 N Y 0
040-160-
003-000
1474 Old
Mammoth
Road
Snowcree
k VII -
Bldg 20
BP19-00814
2 to 4 Owner 0 N Y 0
033-370-
020-000
2610
Meridian
Blvd.

Obsidian
- 15 & 16
BP19-00837
SFA Owner 0 N Y 0
033-370-
020-000
2610
Meridian
Blvd.

Obsidian
- 13 & 14
BP19-00836
SFA Owner 0 N Y 0
033-370-
020-000
2610
Meridian
Blvd.

Obsidian
- 19 & 20
BP19-00839
SFA Owner 0 N Y 0
033-370-
020-000
2610
Meridian
Blvd.

Obsidian
- 17 & 18
BP19-00838
SFA Owner 0 N Y 0
Density Bonus
Project Identifier Density Bonus
Current APN Street Address Local Jurisdiction
Tracking ID
Deed Restriction Type Total Density Bonus
Applied to the Project
(Percentage Increase
in Total Allowable
Units or Total
Maximum Allowable
Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given to
the Project (Excluding
Parking Waivers or
Parking Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding ParkingWaivers or Parking
Modifications)
Did the project receive
a reduction or waiver
of parking standards?
(Y/N)
MAMMOTH LAKES - 2022 28

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Very Low* 26
Deed
restricted
0 0 0 0 16 0 0 0 0 0
16 10
NonRestricted 0 0 0 0 0 0 0 0 0 0
Low 30
Deed
restricted
0 0 0 0 64 0 0 0 0 0
64 0
NonRestricted 0 0 0 0 0 0 0 0 0 0
Moderate 34
Deed
restricted
0 0 0 0 0 0 0 0 0 0
0 34
NonRestricted 0 0 0 0 0 0 0 0 0 0
Above
Moderate
65 36 23 61 42 46 0 0 0 0 0 208 0
Total Units 36 23 61 42 126 0 0 0 0 0 288
Total
RHNA
155 Total Remaining Need for RHNA Period 44
Extremely Low-Income
Units**
13 0 0 0 8 0 0 0 0 0 8 5
For the last year of the 5th cycle planning period, Table B will only include units that were permitted before the end date of the 5th cycle planning period.For the first year of the 6th cycle planning period, Table B will only include units that were permitted since the start date of the 6th cycle planning period. 2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE B - Regional Housing Needs Allocation ProgressPermitted Units Issued by Affordability Income
Level
RHNA
Allocation
Restriction
s
Projection
Period
Year 1 -
2019
Year 2 -
2020
Year 3 -
2021
Year 4 -
2022
Year 5 -
2023
Year 6 -
2024
Year 7 -
2025
Year 8 -
2026
Year 9 -
2027
Total Units
to Date (all
years)
Total
Remaining
RHNA by
Income
Level
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1) Extremely
Low-Income
Need
Year 1 -
2019
Year 2 -
2020
Year 3 -
2021
Year 4 -
2022
Year 5 -
2023
Year 6 -
2024
Year 7 -
2025
Year 8 -
2026
Year 9 -
2027
Total Units
to Date
Total
Remaining
ELI Need
MAMMOTH LAKES - 2022 29

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Projection Period units are included in a separate column. *Units serving extremely low-income households must be included in the very low-income permitted totals in order to be credited toward the RHNA.**Extremely low-income units determined pursuant to Government Code 65583(a)(1). Default value is half of the very low-income RHNA. May be overwritten.

MAMMOTH LAKES - 2022 30

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2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need No Data Available
MAMMOTH LAKES - 2022 31

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2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE D - Program Implementation Status
Program Description Housing Programs Progress Report - Government Code Section 65583 Name of Housing Element
Program
Objective Timeframe in H.E. Status of Program Implementation H.1.A.1. Maintain an up to date, GIS-based inventory of potential sites available for future housingdevelopment, and provide this information toMammoth Lakes Housing, Inc. and prospectivedevelopers.

On-going • Contract w/ GIS coordinator to keep the GIS
database functioning and up-to-date.• The Town continues to maintain various housingrelated datasets (deed-restricted unit locations,existing apartments, transient rental locations, andvacant parcels) in a central GIS database and to addinformation as necessary.

H.1.A.2 As part of the annual planning report to the Town Council (including the annual report to HCD on theHousing Element), provide an update on progress tomeeting the Housing Element (including units forextremely low-income households), to ensure thatadequate sites remain available to meet the RHNA.

On-going • This table, included with the annual progress report is provided to the State Department of Housing andCommunity Development on an annual basis, and isthe primary way in which the Town reports and tracksits progress towards RHNA.• In 2022, the Town made substantial progresstowards satisfying our share of the RHNA in theExtremely-Low, Very Low-, and Low-incomecategories.

H.1.A.3. Ensure that updates and amendments to existing and future Master Plans and Specific Plans providedevelopment capacity and supporting policy to helpmeet the Town’s housing needs.

On-going • As master plans and specific plans and updates are processed, the Community and EconomicDevelopment Department, Planning and EconomicDevelopment Commission, and the Town Council willevaluate and ensure adequate development capacityand policy is included to meet housing needs.

MAMMOTH LAKES - 2022 32

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H.1.B.1. Encourage housing development as part of infill and mixed-use development within the Downtown, OldMammoth Road, and Mixed Lodging/ResidentialCommercial Zones, which is allowed by right by theZoning Code. Outreach to property owners,developers, and brokers to discuss infill and mixed-usedevelopment opportunities in these CommercialZones. This outreach will include identifying,discussing and addressing barriers.

On-going • The Town's commercial zoning districts allow mixeduse projects and workforce housing as permitted uses and as part of the Zoning Code Update work in 2017(ZCA 15-002), the Town held numerous workshopsand meetings to discuss the potential for mixed-usedevelopment and multi-family housing in thecommercial zoning districts. The Town continues todiscuss development opportunities with propertyowners and potential developers and encourage theinclusion of housing within commercial projects.

H.1.D.1. Continue to implement the mitigation requirements of the Housing Ordinance including the requirements fordeveloping Alternate Housing Mitigation Plans(AHMPs).

On-going • The Housing Ordinance provides a menu of options for developers to choose from to mitigate their housingimpact. Requirements are outlined for each of thoseoptions in the Housing Ordinance. Municipal CodeSection 17.136.080 establishes applicationrequirements and approval authority for AlternativeHousing Mitigation Plans.• In 2022, the Town collected approximately $900,000in Housing Impact Mitigation Fees from the issuanceof building permits for 34 residential units, 158 lodgingrooms, and 3 industrial permits. An additional 13building permits for residential construction wereissued in 2022; however, those permits were eitherexempt from the housing mitigation fee (e.g., ADUconstruction, Affordable Deed-Restricted Housing) ortheir housing mitigation was previously satisfiedthrough the donation of land that was ultimatelydeveloped with affordable housing (e.g., SnowcreekVII previously mitigated their housing impact via thedonation of land for the Aspen Village apartments).• One AHMP was reviewed and approved in 2022 toallow the Sierra Nevada Resort expansion project tosatisfy their housing mitigation by converting existingareas within the hotel into three residential units withseven bedrooms that will be rented at affordable prices( 80% AMI) to employees of the hotel.

MAMMOTH LAKES - 2022 33

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H.1.E.1. Continue to apply zoning standards that allow for special needs housing in Mammoth Lakes to ensurecontinued compliance with state law. These zoningstandards and procedures include reasonableaccommodation and allowing transitional andsupportive housing, emergency shelters, andaccessory dwelling units.

On-going • The Town completed zoning amendments in 2014 to address compliance with state law for emergencyshelters, transitional and supportive housing, assistedliving facilities, and group living facilities and continueto monitor changes to state law to ensure on-goingcompliance. The Town is continuing to apply only theresidential zoning standards that apply to otherresidential units in the same zoning district.Reasonable accommodations are made todevelopment standards as requested for persons withdisabilities.

H.1.E.2. Continue to work with the Kern Regional Center to identify any outstanding housing needs for its clientswithin the Mammoth Lakes community, assist inidentifying available housing that meets those criteria,and consider a rental assistance program to fill the gapbetween income levels and the cost of housing forpersons with developmental disabilities. Collaboratewith the Center to implement an outreach program thatinforms residents within Mammoth Lakes on housingand services available for persons with developmentaldisabilities. The program could include thedevelopment of an informational brochure, postinginformation about available services on the Town’swebsite, and providing housing- and services-relatededucational workshops for individuals and families.

On-going • The Town will work with Mammoth Lakes Housing, Inc. (MLH) and Kern Regional Center to accomplishthis goal. MLH previously worked with the Center to tryand secure funding from the State Department ofDevelopmental Services for their 238 Sierra ManorRoad 11-unit low-income apartment conversion project(a non-residential to residential conversion project).They were not successful in obtaining that funding butwill continue working with the Center as the projectmoves forward.

H.1.E.3. The Town shall continue to ensure individuals with disabilities equal access to housing, pursuant to therules, policies, and procedures in Chapter 17.80(Reasonable Accommodation) of the Municipal Code.

On-going • The Community & Economic Development
Department is committed to reviewing and processingapplications for Reasonable Accommodation toprovide appropriate relief from development standardsthat might create a barrier to providing housing for adisabled or special needs person. These applicationsare processes at no cost to the applicants.

MAMMOTH LAKES - 2022 34

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H.1.E.4 The Town shall review its zoning code to ensure compliance with AB 2162 related to allowingsupportive housing. The zoning code will be reviewedto assess whether supportive housing is allowedwithout discretionary review in all zones that allowmultifamily housing or mixed-use development,including nonresidential zones as applicable. If it isdetermined that the allowed uses in the zoning codesare not in compliance with AB 2162 the Town willrevise the allowed uses along with correspondingdevelopment standards as detailed in AB 2162. 9/1/21 • The Town reviewed the Zoning Code requirements applicable to supportive housing, and determined thatno changes to the zoning code are necessary tocomply with the requirements of AB-2162 since multifamily and mixed-use developments are a permitteduse in all of the zones that allow supportive housingtype of uses (i.e., no use permit or other entitlement isrequired for the use) and Municipal Code §17.52.290specifies that “supportive housing is a residential useand is subject only to those restrictions that apply toother residential uses of the same type in the samezoning district.” Staff will develop an application to beused for the Supportive Housing Streamlined Approvalprocess required by AB-2162 to demonstrate that theproject meets the eligibility criteria specified in thelegislation.

H.1.E.5. The Town shall review its zoning code to determine whether updates to zoning are needed to comply withthe state Employee Housing Act (Health and SafetyCode Sections 17021.5 and 17021.6). The Act calls forthe Zoning Ordinance to treat employee housing(including farm worker housing) that serves six orfewer persons as a single-family structure andpermitted in the same manner as other single-familystructures of the same type in the same zone (Section17021.5). The Zoning Ordinance must also treatemployee housing consisting of no more than 12 unitsor 36 beds as an agricultural use and permitted in thesame manner as other agricultural uses in the samezone (Section 17021.6) in zones where agriculturaluses are permitted. 9/1/21 • The Town reviewed the Zoning Code requirements related to the State Employee Housing Act anddetermined that no changes to the zoning code arenecessary to comply with the requirements of thislegislation. The Employee Housing Act requiresjurisdictions consider housing in an agriculture zonethat serves six or fewer persons to be treated thesame as a single-family residence (if permitted) andrequires housing that consists of 12 units or less, or 36beds, be considered an agriculture use and bepermitted in the same manner (i.e., if a use permit isrequired for agriculture use, then a use permit isrequired for the housing use). The only zone thatpermits agricultural uses is the Open Space zone anda use permit is required for the agriculture use. Singlefamily residences are not a permitted use in this zoneand therefore, the requirement to consider housing forsix or fewer persons a single-family residence is notapplicable. Housing consisting of 12 units or less, or36 beds, would require a use permit since agricultureuses require a use permit and would be subject to thesame requirements as the agricultural use since theuse is considered to be the same. Therefore, nochanges to the zoning code are necessary to complywith this requirement.

MAMMOTH LAKES - 2022 35

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H.1.F.1. Seek funding to continue the planning process for The Parcel site and process entitlements for the planneddevelopment. Continue to engage the communityduring the master planning process. Housing shouldbe developed on The Parcel during the housingelement planning period.

On-going • Prior to 2022, the Town completed, or made
substantial progress towards the completion of, thefollowing Planning processes related to the Parcel:(1) Acceptance of the Conceptual Land Use Plan bythe Town Council in December 2019.(2) Adopted the updated Master Plan for the Parcelsite in January 2021. The Master Plan serves as thesole zoning for the site and provides the regulatoryframework for the subsequent phases of development.(3) Conducted a public bid process to select adevelopment partner in accordance with the State'sSurplus Land Act in 2020 and execution of theDisposition and Development Agreement (DDA) withPacific West Companies, Inc. (PWC) in April 2021.(4) Approved the Phase 1 design review entitlement inFebruary 2021.(5) Officially broke ground on the project in November2021.• In 2022, the Town completed, or made progress on,the following Planning and/or Building processes:(1) Issued the building permits for Phase 1 of theproject in May 2022, which includes 80 affordable unitsand 1 manager’s unit.(2) Completed the parking podium and placement ofthe Phase 1 modular units in November 2022.Occupancy of Phase 1 is expected in fall 2023.(3) Approval of a tentative map in May 2022 tosubdivide the site into 14 lots for future affordablehousing uses and 3 lots for open space, parks, andpublic street dedications.(4) Approval of the Phase 2 design review entitlementfor 148 units (146-147 affordable units and 1-2manager’s units) in June 2022.(5) Applied for LIHTC funding for Phase 2 of theproject in 2022 but were not successful in the firstapplication round.• The Town has been successful in the following grantapplications specific to the Parcel:(1) $38.6 million in Housing Accelerator funding forconstruction costs (awarded January 2022); MAMMOTH LAKES - 2022 36

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(2) $20.6 million in lnfill Infrastructure Grant funding which is intended to fund infrastructure related toaffordable housing production and will help fund thenecessary infrastructure for the project;(3) $65,000 in Local Early Action Planning (LEAP)grant funding which will be used for costs related tothe Master Plan update.(4) $290,000 in CDBG CARES Act funds which will beused for the Parcel Park.• The Town will continue to seek additional fundingsources for the project, including, but not limited to,grants, LIHTC, and tax exempt bonds, and loans.

H.2.A.1. Continue to dedicate appropriate funds to fund affordable and workforce housing programs, and thework of Mammoth Lakes Housing, Inc., the Town, andother groups to meet housing needs.

On-going • The annual dedication of TOT revenues to fund housing programs is 0.85 points (of 13 points).• In addition to the dedicated TOT revenues, the Townprovided, or allocated, approximately $14M over thepast two years to the following housing projects andprograms:(1) Creative housing solutions (i.e., public/privatepartnerships, conversion of units);(2) Small-site affordable housing development (i.e., 60Joaquin Rd);(3) MLH's 238 Sierra Manor Road 11-unit low-incomeapartment conversion project;(4) Bridge program (conversion of market-rate toaffordable units);(5) Parcel phases 1 and 2; and(6) Innsbruck Lodge Affordable Housing HomekeyProject (conversion of the existing hotel into 15affordable units and 1 manager’s unit).

MAMMOTH LAKES - 2022 37

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H.2.A.2. Continue to pursue available grant funds, in
cooperation with Mammoth Lakes Housing, Inc. andother partners, to support and facilitate the provision ofworkforce housing and housing affordable to lowerincome households. In particular, the Town will seekState and Federal funding specifically targeted for thedevelopment of housing affordable to extremely lowincome households.

On-going • The Town and MLH continue to pursue grant funds to support housing programs and regularly review andrespond to NOFAs at they are released. The Townapplied for, or were awarded, the following housingrelated grants in 2022:o Applied for, and were awarded in May 2022, a$4.56M Homekey grant for the Innsbruck LodgeAffordable Housing Projecto Applied for a $1M HOME grant for mortgageassistance in March 2022. Not awardedo Amended the scope of work for the Town’s CDBGCARES Act grants to allocate $290,000 in fundingtowards the Parcel Parko Awarded a CDBG Housing Rehabilitation grant forthe Access Apartments project in the amount of $3M inNovember 2022. MLH was successful in acquiring anadditional $3.4M from the HOME program for theproject.o Applied for a $500K CDBG grant for mortgageassistance in August 2022. Awaiting notificationo Applied for $490K in Permanent Local HousingAllocation (PLHA) grant funds in November 2022 formortgage assistance to households earning up to120% AMI. Awaiting notificationo MLH was awarded a $1M CalHOME grant formortgage assistance and ADU construction loans• Repaid first-time homebuyer (FTHB) loans fromvarious grant programs (e.g., BEGIN ReUse, HOME,CDBG) continue to be reinvested into new FTHBloans.

H.2.A.3. The Town will work with MMSA on a pilot program to develop a model policy for employers to provide firstand rental deposit which would be re-paid throughpayroll deduction. Outreach efforts will be made withemployers to provide education and to gatherinformation to help create the program. 12/1/24 • Not yet started. Implementation of this pilot program is expected within the next 2-5 years. The Town willwork with MLH and Mammoth Mountain Ski Area(MMSA) to accomplish this action.

MAMMOTH LAKES - 2022 38

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H.2.A.4. The Town will gather research and data to support a program that builds upon the existing HomebuyerAssistance program through Mammoth LakesHousing, Inc. to assist moderate and middle-incomehouseholds, up to 200% AMI with down paymentassistance or assistance with second mortgages. TheTown will also work with employers to assistemployees and learn from existing employers withcurrent programs (MMSA, Water District, MLHassistance).

Dec-2020 and On-going • The Town, with a recommendation from MLH, funded a missing-middle loan program in 2019 with $101,000to provide a minimum of two low-interest deferredpayment loans to households earning between 81-120% AMI. This program has not been successful andis currently on-hold while the Town considers variousoptions for how to best leverage the funds.One reason for the programs lack of success is thehigh price of market-rate housing. The high pricescreate a gap between what the local workforce canafford and the market-rate prices, and the gap is toolarge to be closed by the downpayment assistanceprogram on its own. The Town’s Bridge program aimsto assist in closing the affordability gap by acquiringexisting market-rate units and reducing the sales priceto an affordable price for households earning 120%-150% AMI. Since the launch of the Bridge program,four units have been sold to eligible households, ofwhich two have received downpayment assistanceusing BEGIN ReUse funds and Town funds for thepurchase of the units.

H.2.A.5. Continue to explore placing a dedicated local tax initiative on the ballot in Mammoth Lakes to fundaffordable housing. If passed the tax would provide adedicated local funding source for affordable housing.

Postponed • The Town was considering a ballot measure for the November 2020 general election to increase the TOTamount by 1% to be used specifically for affordablehousing, but due to the unknown long-term economicimpacts associated with COVID-19, the ballot measurewas postponed.• The Town Council continues to commit excess TOTrevenue towards housing with approximately $14Mcommitted over the past two years.

H.2.A.6. The Town will work to maintain the affordability of mobile homes in Mammoth Lakes by looking forfunding sources for improvement of mobile homes andmobile home parks. The Town will reach out to mobilehome park owners to look for ways that they can worktogether to maintain mobile homes as an affordablehousing type in Mammoth Lakes.

On-going • The Town has previously been awarded grant
funding intended for rehabilitation ($700,000 In 2017CDBG funds) but had limited success in finding eligiblehouseholds and the grant expenditure period ended in2021. The Town continues to work with MLH andmobile home park owners to maintain mobile homesas an affordable housing type and to look for additionalfunding sources for the rehabilitation of mobile homes.

MAMMOTH LAKES - 2022 39

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H.2.D.1. As part of implementing the Community Housing
Action Plan, work with affordable housing developersto acquire and renovate units that can be added to theworkforce housing inventory. Program creation willinclude an evaluation of program costs, benefits, andopportunities.

On-going • Action strategies addressing the conversion of existing units to ownership or rental opportunities forthe workforce were included in the CommunityHousing Action Plan: Live, Work, Thrive (CHAP).• In 2021, the Town and MLH launched the Bridgeprogram aimed at acquiring existing market-rate unitsthat are then resold to local workforce households atan affordable price (120%-150% AMI). The programwas launched in November 2021 and has beensuccessful in acquiring six (6) units as of March 2023.Of those, four (4) have been sold to income qualifiedhouseholds and MLH continues to work on selling theother units. Staff continue to look for additional unitsfor the program.• MLH continues to make progress towardsconstruction of their 238 Sierra Manor Road 11-unitlow-income apartment conversion project. The Townand MLH were awarded $6.4M in grant funding for theproject from the HOME and CDBG programs and theTown committed an additional $1.5M towards thisproject. MLH is hopeful to award a construction bidand begin work on this project in 2023. The targetoccupancy date is spring 2024.• The Town purchased a vacant 0.20-acre site in 2021and completed the procurement process to bring on adesign-build entity in 2022. The site is proposed to bedeveloped with a 4-unit planned unit development(PUD) in which the units will be sold at an affordableprice with a deed-restriction in place to ensure the long-term affordability of the units. Construction isscheduled to begin in 2023.• MLH and the Town were successful in a Homekeygrant award for the acquisition and conversion of theInnsbruck Lodge into a 16-unit affordable rental project(15 affordable units and 1 manager’s unit). Acquisitionwas completed in August 2022 and construction beganin late-2022. The target occupancy date is fall 2023.

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• As a part of the Sierra Nevada Resort expansion, the
developers proposed an Alternate Housing MitigationPlan (AHMP) that proposes creating three apartmentunits with seven bedrooms within the existing hotel.The bedrooms will be rented to income eligibleemployees of the resort at affordable prices.Occupancy of the units is expected in 2023.

H.2.D.2. As part of implementing the Community Housing
Action Plan, explore the possibility of instituting a longterm rental housing inspection program to ensureproper maintenance and safety of tenants in long-termrentals in Mammoth Lakes. 12/1/24 • Not yet started. Implementation of the long-term housing inspection program is expected within the next2-5 years.

H.2.E.1. As part of implementing the Community Housing
Action Plan, which includes the Community HousingAction Plan and the Housing Needs Assessmentcompleted in 2017, continue to implement potentialstrategies to incentivize and encourage upgrades ofexisting multi-family rental properties, and how codeenforcement techniques may be improved and used tocorrect building violations that pose a threat toresidents’ safety or wellbeing.

On-going • The Town and MLH are working to build relationships with multi-family rental property owners to encouragethem to upgrade and maintain their rental properties.The Town’s Code Compliance officer and MLH havebeen active in investigating substandard housingcomplaints and working with the property owners toremedy the situation. MLH has established arelationship with CA Indian Legal Aid service to assisttenants and has setup a legal aid remote workstationin the MLH office. MLH previously hosted a series offree landlord-tenants’ rights workshops to assist ineducating owners and tenants of their rights.

H.2.E.2. Establish a landlord/tenant matching program to increase opportunities for seasonal employees to stayyear-round. Could also include a job matchingcomponent.

Jul-2019 and On-Going • In 2019, the Town committed $149,000 to fund a pilot program with the Chamber of Commerce to establish aworkforce housing program that aims to connectrenters with rental owners / homeowners with rooms toprovide housing. The Town and MLH serve on theChamber’s committee for this program and provideguidance as the program develops.• The program was put on-hold in 2021 due to achange in staffing, but was relaunched in March 2022.The program has provided housing for over 50 peoplesince launching in 2019 and has housed seven (7)additional people since relaunching in 2022.

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H.2.G.1. As part of implementation of the Community Housing Action Plan, work with Mammoth Lakes Housing, Inc.,study and develop procedures that will avoid theinadvertent loss of deed-restricted units, including:· Development of priorities for a rental deedrestriction instrument.· Development of a more effective monitoringprogram for existing deed restricted units, including asystem of enforcement and penalties for illegalconversion of deed-restricted units.

Dec-2021 and On-going • The Town previously sent letters to the 25 deedrestricted properties that the Town is tasked with monitoring to determine whether the units are incompliance with the existing deed-restrictions.Through this outreach, the Town was made aware ofseven properties (7) where the deed restrictions hadbeen previously rescinded for various reasons and arecontinuing to work with the owners of the remainingproperties to ensure compliance.• In addition to the Town monitored units, MLHmonitors approximately 40 additional deed-restrictedunits and annually monitor the occupancy.• In 2021, MLH began using the Homekeeperdatabase system to track their deed-restricted units.The Town will look into the potential of utilizing asimilar system or partnering with MLH to monitor thetown deed-restricted properties utilizing theirHomekeeper software.• Other improvements related to the enforcement ofdeed-restricted units include: (1) An updated deedrestriction instrument has been implemented that helpsto alleviate some issues encountered with previousversions; and (2) a Revolving Loan Fund using aportion of the Town's Housing Mitigation Fee Fund hasbeen successfully used to buy back deed restrictedunits.

H.2.G.2. Continue to work with Mammoth Lakes Housing, Inc. and the Revolving Loan Fund (RLF) to assist in buyingback existing deed restricted units in an effort tomaintain these units. Explore the expansion of fundinglimits on the RLF and other appropriate fundingsources in an effort to help ensure no existing deedrestricted units are lost.

On-going • The Revolving Loan Fund is used annually to buy back deed restricted units.• One 200% AMI deed-restricted unit was purchasedusing the RLF in 2022. The unit was then resold at a150% AMI price in early-2023.• The additional deed-restricted units created underthe Bridge program are eligible for assistance from theRLF should there be a need to buy back the unit in thefuture to ensure it remains affordable.

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H.2.H.1. Use the results of the 2017 Housing Needs
Assessment conducted by Mammoth Lakes Housing,Inc. to create a program aimed at increasing thesupply of housing for winter and summer seasonalemployees, including cooperative efforts with MMSAand other major local employers to house theiremployees.

On-going • In 2022, the Town made progress on increasing the supply of housing available to the workforce throughthe implementation of the following programs andprojects: (1) continued work efforts for thedevelopment of the Parcel (occupancy of the initial 81-units representing the first phase of development isexpected in fall 2023); (2) worked with developers toutilize the Town Density Bonus Program aimed atremoving barriers to the development of workforcehousing by allowing for more flexible developmentstandards; (3) implemented the Bridge program inpartnership with MLH aimed at increasing the supplyof workforce housing by purchasing market-rate unitsthat are then converted to affordable ownership units;(4) added three units to the Town’s inventory ofemployee housing units, bringing the total to six units;and (4) drafted program guidelines and developmentstandards for SB-9 projects (two-lot subdivisions andduplex construction) which could create smaller,affordable-by-design units on residential lotsthroughout the community. MLH continued to worktowards construction on their 238 Sierra Manor Road11-unit low-income apartment conversion project andbegan construction on their 16-unit Homekey hotel-toresidential conversion project.

H.4.B.1. Consider changes to the Development Impact Fee schedule to reduce or eliminate fees for developmentsin which at least five percent of units are affordable toextremely low-income households. To be eligible forreduced or waived fee, the units shall be affordable byaffordability covenant. The waiving or reduction ofservice mitigation fees may also be considered whenan alternative funding source is identified to pay thesefees. 2024-2025 • Not yet started. The Town began work on the update to the DIF and Housing Fee Nexus Study in 2021 andexpect to complete the update in 2023. After that workis completed, changes to the DIF schedule to reduceor eliminate fees for various affordable housingprojects will be analyzed to determine the impact thosechanges would have.

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H.4.D.1. Accessory dwelling units (ADU) can be an affordable housing option and can help meet the needs of manyresidents in the Town. To ensure consistency withstate law (Assembly Bill 2299/Senate Bill 1069 andAssembly Bill 494/Senate Bill 229) and implementcommunity goals, the Town shall review standards andrevise as necessary to facilitate the development ofADUs.

Dec-2019 and On-going • The Town updated its ADU ordinance to be consistent with the amendments to State law related toADUs that were adopted as part of the State's 2019housing bill package in late-2019 and completed asubsequent amendment in 2021 to clarify conflictingand/or confusing code language and improve theusability of the ADU regulations by clearly articulatingthe requirements for each type of ADU. The Towncontinues to monitor changes to state law to ensure on-going compliance and review the Town's regulationsto ensure they are easy to understand and implement.A minor amendment to the ADU regulations isexpected to be completed in 2023 to implementchanges in State ADU laws that went into effect inJanuary 2023.

H.4.D.2. Promote development of accessory dwelling units (ADU) by increasing awareness regarding the ability tocreate accessory dwelling units on single-familyresidential properties, exploring variances (e.g. sideyard setbacks) to make it easier to fit ADUs on somelots, and establishing a goal for a desired number ofADUs to be built. The Town will also offer incentives todevelop ADUs in exchange for long-term rentalcontracts.

Dec-2024 and On-going • These program components were included in the CHAP. The Town continues to work on thedevelopment of a program to incentivize ADU creationand implementation of the program is expected withinthe next 2-5 years.

H.4.E.1. Continue to monitor the Town’s DIF ordinance to assure that impact fees do not create an economicimpediment that deters construction of housingneeded to meet the Town’s Regional Housing NeedsAllocation or workforce housing objectives. If aneconomic impediment is discovered, Council will takeappropriate actions to mitigate it.

On-going • An updated DIF schedule was adopted in 2015, which resulted in lower fees for all projects and anupdate to the DIF ordinance was adopted in 2019,which reduced the DIF fees for small units byclassifying studio and 1-bedroom units as a half unitfor the purposes of calculating DIF fees. Additionally,DIF fees for ADUs are calculated in accordance withState law and ADUs that are less than 750 sq. ft. areexempt from DIF fees and ADUs that are equal to orgreater than 750 sq. ft. are charged an amountproportionate to the square footage of the primarydwelling unit. Staff continues to monitor the DIF feesand began work on the update to the DIF and HousingFee Nexus Study in 2021. The update is expected tobe completed in 2023.

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H.4.E.2. To address constraints to the availability of long-term rental housing associated with short-term rentals theTown will establish a program identifying methods tomitigate the issue. Components of the program mayinclude waiving fees for illegal short-term rentalsowners who commit to restricting their properties aslong-term rentals, creating an impact fee levied onshort-term rentals that would go towards preserving orcreating long-term rental housing, and conducting anexus study to further study how short-term rentals areimpacting the rest of the housing market. 12/1/24 • Not yet started. Implementation of the program is expected within the next 2-5 years.

H.5.B.1. Provide information regarding fair housing practices at the Town of Mammoth Lakes offices and website, theMammoth Lakes Community Center and Library, andthe Mono County offices located in Mammoth Lakes.

On-going • This information continues to be provided and is available through both the Town and MLH websitesand at the respective offices. MLH previously hosted aseries of free legal aid clinics in 2019 which coveredFair Housing.

H.5.C.1. Continue the process for addressing Fair Housing inquiries and complaints, including referral ofcomplaints concerning deed-restricted units toMammoth Lakes Housing, Inc. and other complaints tothe California Department of Fair Housing and EqualOpportunity. As part of the process, the Town shallinvestigate potential partnerships with rural or otherfair housing organizations that may be able to provideadditional resources to the Town. The Town willensure that information regarding the Town’s processof addressing complaints is included in the publicinformation distributed regarding fair housing practices(Action H.5.B.1).

On-going • The Town and MLH established a process to address fair housing complaints and inquiries in 2014 andcontinue to implement this process. MLH hasestablished a relationship with CA Indian Legal Aidservice to assist tenants and has setup a legal aidremote workstation in the MLH office.

H.6.B.1. The Town will continue to enforce the California Green Building Standards Code, Title 24, Part 11 of theCalifornia Code of Regulations (CALGreen).

On-going • The Town is enforcing the California Building Code requirements.

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H.6.C.1. Continue to coordinate with Inyo Mono Advocates for Community Action (IMACA) and Mammoth LakesHousing, Inc. to increase the number of weatherizationretrofits and other upgrades of owner occupied andnon-transient rental housing units in Mammoth Lakes.The Town will work together with IMACA andMammoth Lakes Housing, Inc. to apply for CDBG orother grant funding to conduct retrofits. Additionalstrategies to accomplish this may include developmentof an informational flyer or brochure, postinginformation on the Town’s website, and direct outreachto property owners.

On-going • The Town previously had CDBG grant money and loan funding available for the rehabilitation of incomeeligible households (restricted to households earning80% AMI or below); however, that grant ended in2021.• The Town will continue to work with IMACA and MLHto fund weatherization retrofits and other eligibleimprovements and apply for additional grant funding.

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2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE E - Commercial Development Bonus Approved pursuant to GC Section 65915.7 No Data Available
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2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE F - Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1(c)(2) Affordability by Household Incomes
(Units that DO NOT count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0 (1) 200% AMI unit was preserved and sold to a 150% AMI household.

Acquisition of Units 0 0 0 0 (3) market-rate units were converted to moderate-income (120% AMI) deed-restricted units
Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 Affordability by Household Incomes
(Units that DO count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 MAMMOTH LAKES - 2022 48

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2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE G - Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (CCR Title 25�6202) No Data Available
MAMMOTH LAKES - 2022 49

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2022 MAMMOTH LAKES Housing Element Annual Progress Report TABLE H - Locally Owned Surplus Sites (CCR Title 25 �6202) No Data Available
MAMMOTH LAKES - 2022 50

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2022 MAMMOTH LAKES Housing Element Annual Progress Report LEAP Reporting (CCR Title 25 �6202)
No Data Available
MAMMOTH LAKES - 2022 51

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Attachment 2: Detailed List of Application Requests
The following summarizes the status of applications that have been submitted or approved during the period of January 1, 2022 - December 31, 2022.

A. Adjustments –

1. ADJ 21-006: 100 Callahan Way - A 7.1% increase in the maximum allowed structure height for three single-family residences; Approved 5/11/2022

2. ADJ 22-001: 49 Top of Slopes Court – A 20% reduction of the north side yard setback to allow an addition of a second garage bat and minor encroachment of building corners for an addition to the living area of the existing single-family residence; Approved 7/19/2022

3. ADJ 22-002: 75 Majestic Pines Drive – A 9.3% increase in the maximum allowable structure height for a new single-family residence; Approved 5/11/2022

4. ADJ 22-004: 195 Davison Road – An 8% increase in the maximum allowed structure height; Approved 9/7/2022

5. ADJ 22-005: 508 Hillside Place – A 20% reduction to the side yard setback for an existing single-family residence; Approved 8/26/2022

6. ADJ 22-006: 203 Hill Street – A 20% decrease to the front yard setback, and increase of 5% to the maximum lot coverage, and vehicle parking within the front yard setback for the development of an accessory dwelling unit, garage, and studio; Approved 11/2/2022

7. ADJ 22-007: 262 Hillside Drive – Allow vehicle parking the front yard setback and public right-of-way; Ongoing at the end of 2022

8. ADJ 22-008: 665 Monterey Pine Road – An 5% increase to the maximum lot coverage; Ongoing at the end of 2022

9. ADJ 22-009: 111 North Street – Allow vehicle parking in the front yard setback; Ongoing at the end of 2022
B. Administrative Design Reviews –

1. ADR 21-005: 365 Fir Street – New single-family residence located in the Bluffs Subdivision; Approved 2/9/2022

2. ADR 22-001: 180 Le Verne Street – New single-family residence in the Bluffs Subdivision; Approved 6/29/2022

3. ADR 22-002: 3711 Main Street – Re-paint permit; Approved 6/23/2022

4. ADR 22-003: 480 Fir Street - New single-family residence in the Bluffs Subdivision; Ongoing at the end of 2022

5. ADR 22-004; 2251 Meridian Boulevard – Re-paint permit; Approved 9/6/2022

6. ADR 22-005: 64 Juniper Road – New single-family residence in the Juniper Ridge Master Plan Area; Ongoing at the end of 2022

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C. Administrative Permits –

1. AP 22-001: The Rolling Chef 395 – Mobile vendor permit; Approved 9/1/2022

2. AP 22-002: 160 Commerce Drive – An industry, general use (commercial laundry); Approved 7/18/2022

3. AP 22-003: 67 Valley Vista Drive – A 1,431 square foot detached garage with a 665 square foot accessory dwelling unit; Approved 7/20/222

4. AP 22-004: 1 Fairway Drive - Temporary off-site snow storage use located on approximately 8-acres of the vacant Snowcreek VIII parcel; Approved 11/22/2022
D. Building Permits - A total of 832 building permits were applied for in 2022 and 795 building permits were issued
E. Business Tax Certificates – A total of 325 business tax certificates were applied for in 2022 and 323 were approved.

F. Concept Reviews/Planning Services Review – No Concept Reviews/Planning Services Reviews were processed in 2022
G. Design Review –

1. DR 20-003: 377 Manzanita Road – Multi-family development; Approved 3/2/2022

2. DR 21-001: 100 Callahan Way – Multi-family development consisting of 3 single-family residences and 15 duplex buildings; Approved 5/11/2022

3. DR 21-004: 94 and 150 Berner Street –Residence Inn branded condominium hotel project; Approved 4/13/2022

4. DR 21-005: 64, 202, and 248 Old Mammoth Road – Redevelopment of the Sierra Nevada Resort; Approved 2/9/2022

5. DR 21-006: 365 Fir Street – Construction of a new single-family residence located within the Bluffs subdivision; Approved 2/9/2022

6. DR 22-001: 5, 15, 17, and 49 Canyon Boulevard, 107 Lakeview Boulevard, and 106 Lake Mary Road – Limelight Hotel project; Approved 5/11/2022

7. DR 22-002: 3789 Main Street – New 12-unit multi-family development; Approved 11/8/2022

8. DR 22-003: 1699 Tavern Road and 33 Center Street – Phase 2 of The Parcel; Approved 7/13/2022

9. DR 22-004: 520 Le Verne Street – New single-family residence in the Bluffs Subdivision; Approved 8/9/2022

10. DR 22-005: 185 Sierra Park Road – Proposed hospital parking lot improvements; Ongoing at the end of 2022

11. DR 22-006: 156 Commerce Drive – Proposed 1,500 square foot

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prefabricated structure utilized as a garage/warehouse; Ongoing at the end of 2022

12. DR 22-007: 1300 Airport Road – Proposed Mammoth Yosemite Airport Aircraft Rescue and Fire Fighting Equipment Building; Ongoing at the end of 2022
H. District Zoning Amendments –

1. DZA 22-001: Mammoth Mountain Main Lodge Redevelopment; Ongoing at the end of 2022
I. Film Permits – Five (5) Film Permit applications were processed in 2022 J. General Plan Amendments –

1. GPA 22-001: Mammoth Mountain Main Lodge Redevelopment; Ongoing at the end of 2022
K. Interpretation Requests – No Interpretation Requests were processed in 2022
L. Lot Line Adjustments –

1. LLA 21-006: 62, 202, and 248 Old Mammoth Road – A lot line adjustment to merge three parcels in the Clearwater Specific Plan Area to allow for the Sierra Nevada Resort redevelopment; Approved 2/9/2022

2. LLA 21-007: 365 and 385 Fir Street – A lot line adjustment to adjust the shared lot line between two parcels; Approved 2/4/2022 M. Master Sign Plans –

1. MSP 22-001: 164, 202, and 248 Old Mammoth Road – Master Sign Program for the Sierra Nevada Resort Redevelopment Project; Approved 11/8/2022
N. Outdoor Sales Permits –No Outdoor Sales Permits were processed in 2022 O. Sign Permits –15 sign permits were processed in 2022 P. Tentative Tract Maps –

1. TTM 21-001: 100 Callahan Way – Multi-family development consisting of 3 single-family residences and 15 duplex buildings; Approved 5/11/2022

2. TTM 21-003: 94 and 150 Berner Street - Residence Inn branded condominium hotel project; Approved 4/13/2022

3. TTM 22-001: 1699 Tavern Road and 33 Center Street – Create 14 lots of future affordable housing uses, 3 lots for open space, and parks and public street dedications for The Parcel Phase 2; Approved 5/11/2022

4. TTM 22-002: 5, 15, 17, and 49 Canyon Boulevard, 107 Lakeview Boulevard, and 106 Lake Mary Road – Limelight Hotel project; Approved 5/11/2022

5. TTM 22-003: New 12-unit multi-family development; Approved

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11/8/2022

6. TTM 22-004: 1 Fairway Drive – Proposed condominium subdivision for lots 1-3 of final map for Snowcreek VIII; Ongoing at the end of 2022
Q. TOT Code Compliance- 160 TOT compliance cases were initiated in 2022 R. Tree Removal Permits – 51 tree removal permit applications were submitted in 2022. Some tree permits included multiple trees, and many trees were removed for fuel reduction purposes to provide defensible space around residences and other structures. Other trees were removed because they were dying or deemed hazardous by a certified arborist.

S. Use Permit Applications –

1. UPA 20-002: 377 Manzanita Road – Multi-family development; Approved 3/2/2022

2. UPA 22-001: 5, 15, 17, and 49 Canyon Boulevard, 107 Lakeview Boulevard, and 106 Lake Mary Road – Limelight Hotel project; Approved 5/11/2022

3. UPA 22-002: 100 Callahan Way – Gate on a private road for Villas III multi-family project; Approved 5/11/2022

4. UPA 22-003: 1574 Old Mammoth Road – Proposed AT&T Cell Tower; Ongoing at the end of 2022

5. UPA 22-004: 520 Le Verne Street – New single-family residence in the Snow Deposition Design Overlay Zone of the Bluffs Subdivision; Approved 8/9/2022
T. Variances -

1. VAR 21-001: 182 Davison Road – Reduction of the rear setback to allow construction of a new single-family residence and an attached garage; Approved 5/11/2022

2. VAR 21-003: 94 and 150 Berner Street – Increased height for a parking structure for a Residence Inn branded condominium hotel project; Approved 4/13/2022

3. VAR 22-001: 31 Mala Ulice – Allow a zero-foot front setback for construction of a detached single-family garage for an existing single-family residence; Approved 5/11/2022

4. VAR 22-002: 751 Majestic Pines Drive – Allow a seven-foot front setback for a new attached garage; Approved 5/11/2022

5. VAR 22-003: 508 Hillside Drive – Reduce front and side yard setback; Withdrawn

6. VAR 22-004: 1574 Old Mammoth Road - Height Variance for proposed AT&T cell tower; Ongoing at the end of 2022
U. Zoning Code Amendments -

1. ZCA 21-001: Senate Bill 9 – Amendment to implement SB9 related to urban lot splits and two-unit projects; Approved 1/19/2022

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Mammoth Lakes Town Council
Agenda Action Sheet
Title: Consider approval of Zoning Code Amendment 23-001 to update Municipal Code Section

17.52.055, Accessory Dwelling Units, Section 17.52.100 Child Day Care Facilities, and Municipal Code Chapter 17.40, Water Efficient Landscape Regulations including finding the project is exempt from additional environmental analysis pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

Council Meeting Date: 4/5/2023
Prepared by: Kim Cooke, Senior Planner
Recommended Motion: Waive the first reading and introduce by title only the Ordinance making the required CEQA and Municipal Code findings and approving Zoning Amendment 23-001 as recommended by the Planning and Economic Development Commission, or as modified by the Town Council.

Summary:

The proposed update includes the following amendments to the Zoning Code:
 Section 17.52.055 (Accessory Dwelling Units) to revise height limits and reduce front setback requirements for accessory dwelling units (ADUs). This amendment will achieve compliance with State Legislative requirements imposed by Senate Bill 897 and Assembly Bill 2221.
 Section 17.52.100 (Child Day Care Facilities) to achieve compliance with the State legislative requirements imposed by Senate Bill SB 234 and clarify the standards applicable to the different categories of Child Care Facilities.  Chapter 17.40 (Water Efficient Landscape Regulations), to incorporate wildfire mitigation landscape standards applicable to new and rehabilitated landscape projects in accordance with General Plan Health and Safety Element Action Items S.5.A.2, S.5.A.3, and S.6.F.2.

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1 TOWN COUNCIL STAFF REPORT
Subject: Consider approval of Zoning Code Amendment 23-001 to update Municipal Code Section 17.52.055, Accessory Dwelling Units, Section

17.52.100 Child Day Care Facilities, and Municipal Code Chapter 17.40, Water Efficient Landscape Regulations.

Meeting Date: April 5, 2023
Written by: Kimberly Cooke, Senior Planner
RECOMMENDATION:

Staff recommends that the Town Council choose Option 1:

Waive the first reading and introduce by title only the Ordinance making the required CEQA and Municipal Code findings and approving Zoning Amendment 23-001 as recommended by the Planning and Economic Development Commission, or as modified by the Town Council. The proposed Zoning Code Amendment includes finding the project is exempt from additional environmental analysis pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

BACKGROUND:

The California Legislature has enacted a series of bills over the past few years aimed at easing a State-wide housing shortage as well as a shortage of regulated childcare options.

To comply with new State requirements applicable to accessory dwelling units (ADUs) and child daycare facilities, local ordinances must be updated as needed to maintain consistency with State Law.

The proposed Zoning Code Amendment achieves consistency with recent changes to State law applicable to ADUs and State licensed family child care homes. This zoning code amendment process also provides an opportunity for the Town to implement three action items of the General Plan Public Health and Safety Element, which directs staff to update the Town’s landscape regulations to incorporate defensible space standards that would be applicable to new and rehabilitated landscape projects.

The Zoning Code is an evolving document that may be updated as necessary, following the amendment procedures outlined in Section 17.112 of the Municipal Code. The Zoning Code Amendment described in this staff report is not a comprehensive update, so the proposed text amendments are limited to updates that clarify existing regulations and include the addition of defensible space standards for landscape projects.

Planning and Economic Development Commission – February 14, 2023 On February 14, 2023, the PEDC held a public hearing to consider the proposed amendments to the Zoning Code. The Commission discussed the proposed amendments to the Zoning Code and were supportive of the proposed amendments as recommended by

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2 staff. The Commission voted 4-0 to recommend approval of Zoning Code Amendment 23- 001 to the Town Council. The PEDC Resolution is attached (Attachment 2).

ANALYSIS:

The proposed Zoning Code amendments are described below along with a brief explanation of the purpose for each amendment. For the complete text of the Zoning Code Amendments (additions shown in blue underlined text and deletions shown in red strikeout text), see Attachment 1 – Exhibits “A, B, and C” respectively.

M.C. Section 17.52.055 - Accessory Dwelling Units
The proposed revisions to the Zoning Code will achieve compliance with state legislative requirements imposed by SB 897 and AB 2221. These recent legislative requirements enact development standards that all local jurisdictions must utilize when evaluating applications for accessory dwelling units (ADUs).

The amendment will increase the allowed height of detached and attached ADUs that are located within a side or rear setback area, up to four (4) feet from the property line. The permitted height for detached ADUs will increase from 16 to 18 feet with an allowance for an additional two feet to accommodate a roof pitch that aligns with the primary dwelling unit. The permitted height of detached ADUs on a lot with an existing or proposed multifamily dwelling will also increase from 16 to 18 feet. The permitted height of an ADU attached to a primary dwelling will increase from 16 feet to 25 feet. Additionally, front setback requirements cannot preclude the construction of an 800 square foot ADU that meets height limits and complies with four-foot side and rear setbacks.

Rationale: This amendment is limited to incorporating the mandated ADU standards described above, which will bring the Accessory Dwelling Unit standards into compliance with State law.

M.C. Section 17.52.100 - Child Day Care Facilities
Senate Bill 234 enacted the Keeping Kids Close to Home Act, which prohibits cities and counties from requiring any small or large family day care home licensed by the CA Department of Social Services, from having to obtain a land use/zoning permit and/or business license to operate. Health and Safety Code section 1597.45, states that Large Family Child Care Homes (caring for up to 14 children) shall be treated the same as Small Family Child Care Homes (caring for up to 8 children) under all local laws. The law states that cities and counties must consider the operation of a Large Family Child Care Home to be the same as a residential use of property as is the case with Small Family Child Care Homes.

Rationale: Section 17.52.100.A.1, is amended to provide clarification of the applicable State licensing division and briefly describes the role that agency has in oversight of all licensed child care facilities. Standards of section 17.52.100.B specific to large family day care homes has been deleted because large family day care homes are required to be treated the same as small family day care homes. The

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3 new section 17.52.100.B. combines land use standards for small and large family day care homes, and clarifies that a single dwelling includes single-family homes, apartments, condos, townhouses, duplexes, and other multi-family buildings.

Currently, Section 17.52.100.C - Standards for Child Day Care Centers, incorporates the land use standards appliable large family day care homes by reference. Since the standards specific to large family day care homes are proposed to be deleted, the standards applicable to Child Care Centers will be modified to add the relevant land use standards that were previously required of large family day care centers. These standards include the fire protection and outdoor activity areas and snowshed standards.

Allowable land use Table 17.24.020 – Commercial Zoning Districts, has been updated to add large family day care homes alongside the small family day care homes land use category. Large family daycare homes are currently excluded. A reference to the applicable Code Section for the specific use regulations has been added for reference, as this was inadvertently omitted in the allowable land use table. The updated table also strikes the footnote which limits specific uses on the ground floor on primary or secondary active frontages. This footnote would not apply to the establishment of a small or large family day care within an existing residence so it should be deleted for clarity.

M.C. Chapter 17.40 - Water Efficient Landscape Regulations The purpose of the proposed amendment to Chapter 17.40 is to integrate wildfire riskreduction strategies into the design and implementation of new and rehabilitated landscape projects on private property. In 2019, the Town updated its Public Health and Safety Element of the General Plan. This update included the adoption of climate adaptation strategies and action items that direct staff to implement actionable strategies that can reduce the Town’s vulnerability to specific climate related hazards, including wildfire.

The three specific General Plan Action items that are addressed by the proposed Zoning Code Amendment are referenced below:
• S.5.A.2. Action: Prepare wildfire mitigation landscape standards to address wildfire hazard within the Structure Ignition Zone.
• S.5.A.3. Action: Review the Zoning Code to ensure compatibility with wildfire mitigation landscape standards and modify if necessary. • S.6.F.2. Action: Update building and landscaping requirements and protocols that integrate Cal Fire and MLFPD regulations and procedures.

Rationale: There is no current requirement to address wildfire hazard mitigation as part of the Town’s landscape or screening requirements. The proposed zoning code amendment proposes standards for defensible space and fuels reduction that would be implemented for new and rehabilitated landscape projects. The proposed landscape standards are primarily taken from the final recommendations report that was prepared for the Town by the Community Planning Assistance for Wildfire (CPAW) team.

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4 OPTIONS ANALYSIS
Option 1: Waive the first reading and introduce by title only the Ordinance making the required CEQA and Municipal Code findings and approving Zoning Amendment 23-001 as recommended by the Planning and Economic Development Commission, or as modified by the Town Council. The proposed Zoning Code Amendment includes finding the project is exempt from additional environmental analysis pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

Option 2: Deny Zoning Code Amendment 23-001.

Option 1 would allow the Ordinance to proceed to a second reading on April 19, 2023. The Ordinance would become effective 30 days after the second reading.

Option 2 would not allow the Ordinance to be approved. The Town Council would need to make findings for denial. Findings for denial are the same as those for approval (Municipal Code Sections 17.112.060 and 17.116.060), but the finding would be inconsistency or noncompliance.

FINANCIAL CONSIDERATIONS:

Staff time for processing ZCA 23-001 is funded through the Town’s General Fund.

ENVIRONMENTAL CONSIDERATIONS:

Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 mandate that projects consistent with the development densities established by existing zoning, community plan or General Plan policies for which an environmental impact report was certified shall not require additional environmental review except as might be necessary to examine whether there are significant environmental impacts peculiar to the project or otherwise not previously analyzed.

Based on this staff report, including its attachments, the Town’s General Plan, the Zoning Code, and all other evidence contained in the administrative record for this project, the Ordinance (Attachment 1) finds that this amendment to the Zoning Code is: (1) consistent with the development densities established by the General Plan; (2) does not have the potential to result in impacts peculiar to the project; (3) there are no other potential impacts of this amendment to the Zoning Code that were not addressed in the General Plan EIR; (4) there are no potentially significant off-site or cumulative impacts posed by this amendment to the Zoning Code that were not addressed in the General Plan EIR; and (5) substantial new information has not come to light that shows that impacts previously addressed will be more significant that described in the General Plan EIR.

Consequently, under Public Resources Code section 21083.3 and State CEQA Guidelines section 15183(c), no additional EIR or other environmental analysis is required.

LEGAL CONSIDERATIONS:

The proposed amendments to Municipal Code Section 17.52.055 - Accessory Dwelling Units and Section 17.52.100 - Child Day Care Facilities are necessary to maintain consistency with State law.

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5 Public Notice for this application was published as a ¼ page advertisement in The Sheet on March 25, 2023, and April 1, 2023.

ATTACHMENTS:

Attachment 1: Town Council Ordinance 23-XX - Zoning Code Amendment 23-001 Attachment 2: Planning and Economic Development Commission Resolution 2023-04 Attachment 3: Planning and Economic Development Commission Staff Report dated February 14, 2023.

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ORDINANCE NO. 23-___

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN MAMMOTH LAKES,

COUNTY OF MONO, STATE OF CALIFORNIA, APPROVING ZONING CODE AMENDMENT 23-001, AMENDING MUNICIPAL CODE TITLE 17 (ZONING) WHEREAS, a request for consideration of a Zoning Code Amendment was filed by the Town of Mammoth Lakes to amend Municipal Code Title 17, in accordance with Chapter

17.112 of the Town of Mammoth Lakes Municipal Code for the following sections of the zoning code:
• Section 17.52.055 (Accessory Dwelling Units) to revise height limits and reduce front setback requirements for accessory dwelling units (ADUs). This amendment will achieve compliance with State Legislative requirements imposed by Senate Bill 897 and Assembly Bill 2221.
• Section 17.52.100 (Child Day Care Facilities) to achieve compliance with the State legislative requirements imposed by Senate Bill SB 234 and clarify the standards applicable to the different categories of Child Care Facilities. • Chapter 17.40 (Water Efficient Landscape Regulations), to incorporate wildfire mitigation landscape standards applicable to new and rehabilitated landscape projects in accordance with General Plan Health and Safety Element Action Items S.5.A.2, S.5.A.3, and S.6.F.2.; and
WHEREAS, Town staff periodically prepares zoning code amendments applicable to the Zoning Code to maintain consistency with State law, clarify specific standards, and amend land use provisions, in accordance with Chapter 17.112 of the Town of Mammoth Lakes Municipal Code.

WHEREAS, the Planning and Economic Development Commission conducted a duly noticed public hearing on the application request on February 14, 2023, at which time the public hearing was opened and all those desiring to be heard were heard and the Commission determined that Zoning Code Amendment 23-001 is consistent with the General Plan and with the applicable provisions of the Town of Mammoth Lakes Municipal Code, Section 17.112, and, therefore, recommended approval of Zoning Code Amendment 23-001 to Town Council; and WHEREAS, on April 5, 2023, the Town Council conducted a duly noticed public hearing on Zoning Code Amendment 23-001, and considered testimony and materials in the staff report and accompanying documents and exhibits; and
WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred;

NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. The above recitals are all true and correct,

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ORDINANCE NUMBER 23-__ Page 2 of 24
Section 2. Environmental Review. The Town Council makes the following findings and takes the following actions pursuant to the requirements of the California Environmental Quality Act (CEQA):

CEQA Findings - Public Resources Code section 21083.3 and State CEQA Guidelines section 151813:

A. Based on the information included in the accompanying staff report, the oral presentation by staff, other such written and oral evidence presented to the Town Council, and the administrative record for this amendment to the Zoning Code, the Town Council finds and determines that this amendment to the Zoning Code is exempt from further CEQA review pursuant to the Public Resources Code section 21083.3 and State CEQA Guidelines section 15183. This amendment is consistent with the land use designations and development densities established by the General Plan and analyzed in the certified General Plan EIR. Further, there are no potentially significant environmental impacts peculiar to this amendment to the Zoning Code or the sites to which this amendment to the Zoning Code applies.

Moreover, this amendment to the Zoning Code does not pose the potential for new off-site or cumulatively considerable impacts not previously analyzed in the General Plan EIR. Additionally, no substantial new information has come to light that was not known nor could have been known at the time the General Plan EIR was certified, showing that significant impacts identified by the General Plan EIR will be more adverse than previously determined. And finally, the Town Council finds and determines that all mitigation measures in the General Plan EIR shall apply to this amendment to the Zoning Code and are incorporated herein by this reference. Consequently, under Public Resources Code section 21083.3 and State CEQA Guidelines section 15183(c), no additional EIR or other environmental analysis need be prepared for this amendment to the Zoning Code.

B. CEQA Action: The Town Council directs staff to file a Notice of Exemption within five days of the adoption of this Ordinance.

Section 3. Findings. The Town Council HEREBY FINDS AND DETERMINES based on the information presented herewith:

FINDINGS FOR ZONING CODE AMENDMENT
(Municipal Code Section 17.112.060)
A. The proposed amendment is internally consistent with all other provisions of the General Plan and any applicable specific plan or master plan; The proposed zoning code amendment maintains consistency with the General Plan because the scope of the proposed amendments are intended to update existing standards applicable to accessory dwelling units and child day care facilities, to reflect changes in State Law. The proposed amendments to these sections of the zoning code also include the addition of clarifications where appropriate.

The proposed amendments to Chapter 17.40 - Water Efficient Landscape Regulations, implement three action items of the General Plan Public Health and Safety Element, which results in improved consistency between the Zoning Code and the General Plan.

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ORDINANCE NUMBER 23-__ Page 3 of 24
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the town; and The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town because the proposed amendment does not substantively alter the policies and intent of the General Plan or the Zoning Code and will provide increased transparency, for the public in understanding the standards that apply to accessory dwelling units, child day care facilities, as well as new and rehabilitated landscape projects.

The proposed amendments implement improvements to the public health and safety by providing greater flexibility in establishing or expanding State licensed child day care homes, and by adopting more flexible standards the promote the development of accessory dwelling units. The amendments to the water efficient landscape regulations also result in better implementation of wildfire risk-reduction strategies applicable to new and rehabilitated landscape areas on private property.

C. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA); and
The Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 mandate that projects consistent with the development densities established by existing zoning, community plan or General Plan policies for which an environmental impact report was certified shall not require additional environmental review except as might be necessary to examine whether there are significant environmental impacts peculiar to the project or otherwise not previously analyzed.

Based on this staff report, including its attachments, the General Plan, the Zoning Code, and all other evidence contained in the administrative record for this project, the Town Council finds that the amendments to the Zoning Code are: (1) consistent with the development densities established by the General Plan; (2) do not have the potential to result in impacts peculiar to the project; (3) there are no other potential impacts of this amendment to the Zoning Code that was not addressed in the General Plan EIR; (4) there are no potentially significant off-site or cumulative impacts posed by this amendment to the Zoning Code that were not addressed in the General Plan EIR; and (5) substantial new information has not come to light that shows that impacts previously addressed will be more significant that described in the General Plan EIR.

D. Additional finding for Zoning Code Amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

The proposed zoning code amendment is intended to incorporate State mandated changes to specific development standards that may be applied to accessory dwelling units, as well as State mandated changes to land use standards that may be applied to child day care facilities. The scope of the text amendments results in clarification of existing standards, corrects minor errors and omissions, and increases flexibility within Sections 17.52.055, “Accessory Dwelling Units,” and 17.52.100, “Child Care Facilities.” The changes to these sections do not result in a conflict with any other provision of the Zoning Code.

The proposed amendment to the water efficient landscape regulations more clearly defines application and review requirements, and applicable landscape design standards which includes defensible space requirements within Chapter 17.40, “Water Efficient Landscape Regulations” in accordance with existing goals, policies and actions included in the Public Health and Safety Element of the General Plan. This

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ORDINANCE NUMBER 23-__ Page 4 of 24
proposed amendment improves the Town’s ability to ensure that wildfire risk reduction strategies are incorporated into new and rehabilitated landscape projects on private property, which works in tandem with other applicable provisions of the Zoning Code.

Section 4. Approval. Based on the findings contained in this Ordinance and all other evidence in the record of proceedings in this matter, the Town Council hereby approves Zoning Code Amendment 23-001 and amends Municipal Code Title 17 as shown in attached Exhibits “A”, “B” and “C,” which is incorporated herein by this reference. The Town Council may rescind this Ordinance and any project approvals granted pursuant to any remedies and rights the Town may possess.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, then such decision shall not affect the validity of the remaining sections or portions of this Ordinance or part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

Section 6. Effective Date. The Mayor shall sign and the Town Clerk shall certify passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect thirty days after its final passage.

ADOPTED, SIGNED and APPROVED this 19th day of April, 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:
________________________________ ________________________________

JAMIE GRAY, JOHN WENTWORTH,
Town Clerk Mayor

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17.52.055 Accessory Dwelling Units (ADUs)
A. Purpose and Applicability. This Section establishes standards for the development and operation of Accessory Dwelling Units (previously known as second dwelling units and hereafter referred to as “ADUs”) where allowed by Article II (Zoning Districts and Allowable Land Uses) and consistent with Government Code Section 65852.2 and 65852.22. An ADU that conforms to the development standards described herein is deemed to be an accessory use and the accessory dwelling unit(s) shall not count towards the overall density for the lot upon which it is located.

B. General Requirements. All ADUs shall be subject to the following requirements:

1. Primary Dwelling. ADUs are permitted as an accessory use only on lots or parcels containing a primary dwelling unit. If being constructed simultaneously with the primary dwelling unit, a certificate of occupancy for the ADU shall not be issued prior to the issuance of a certificate of occupancy for the primary dwelling unit.

2. Types of ADUs
a. Attached ADU. An ADU that is constructed as a physical expansion of an existing single-family dwelling and maintains at least one (1) wall in common with the existing single-family dwelling.
b. Interior ADU. An ADU that is either: (a) constructed within a new single-family dwelling unit; or (b) converted from existing space within the structure of an existing single-family or multi-family dwelling.
c. Detached ADU. An ADU that is located in a separate structure from the primary dwelling and does not share a common wall with the primary dwelling. d. Junior ADU (JADU). An ADU that is restricted to no more than five hundred (500) square feet in size and is contained entirely within a single-family dwelling.

3. Occupancy and Rental Requirements.
a. Short-term rental restriction. The short-term rental of an ADU for a period of thirty consecutive days or less is prohibited for all ADUs.
b. Owner occupancy. There are no owner-occupancy restrictions for long-term rentals of either the primary dwelling or the ADU for terms longer than 30 days.

On a parcel with a primary dwelling unit and a JADU, the owner-occupancy restrictions specified in Subsection C.5.d (JADU Occupancy Requirements) shall apply.

ORDINANCE NUMBER 23-__ Page 5 of 24
EXHIBIT “A”
Case No. ZCA 23-001
Amendments to the Zoning Code
(Additions are shown in Blue Underline text and deletions are shown in Red Strikeout text)

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4. Sale of Unit Prohibited. No ADU shall be sold or otherwise conveyed separately from the primary dwelling unit.

5. Minimum Floor Area. An ADU shall have a minimum gross floor area of 150 square feet or the minimum required for an efficiency dwelling unit as defined in Section 17958.1 of the Health and Safety Code.

6. Required Facilities. All ADUs shall contain the following:
a. Kitchen. A kitchen separate from the primary dwelling unit, consistent with the definition of a kitchen specified in Chapter 17.148 of this Code; and b. Bathroom. A bathroom separate from the primary dwelling unit. JADUs may share bathroom facilities with the primary dwelling unit, so long as unrestricted interior access to the bathroom facility is always available.

7. Design Standards
a. Roof design and materials. When an ADU is constructed with reduced side or rear yard setbacks, where allowed by this Section, the pitch of any portion of the roof within the reduced setback area shall not be directed towards the side or rear property line(s), or the structure shall have a non-shedding roof material and/or an engineered snowslide restraint device for the life of the structure. b. Architectural Projections. When an ADU is constructed with reduced side or rear yard setbacks, where allowed by this Section, no portion of the structure, including the architectural features specified in Table 17.36.100 (Allowed Projections into Setbacks), shall be located closer than four (4) feet to the side and rear property lines.

8. Parking.
a. No parking is required for an ADU.
b. If a garage, carport, or covered parking structure providing required parking for a primary dwelling unit is demolished in conjunction with the construction of an ADU, or converted to an ADU, replacement parking for the lost off-street parking is not required.
c. To encourage the provision of parking for ADUs, one (1) additional on-site parking space for properties with an ADU may be located within a setback area, provided that the following criteria are met:
i. The maximum lot coverage allowance for the applicable zoning district is not exceeded;
ii. Snow storage on the property complies with the size and location requirements specified in Section 17.36.110 (Snow Storage); iii. The additional parking area is setback a minimum of five (5) feet from side property lines;

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iv. The additional parking area shall be accessed by the same driveway as the primary dwelling unless a second driveway is approved pursuant to the “Residential Driveway Standards” for a second driveway specified in the Public Works Town Standards; and
v. Use of the setback to provide additional parking for an ADU shall require the property owner to indemnify and hold harmless the Town from any action or expense, including damage to vehicles as a result of snow removal, that may occur as a result of the use of the setback for parking. d. Nothing within this Section shall be deemed to permit on-street parking during any time when such parking is prohibited, including the on-street winter parking prohibition throughout Town from November 1 to April 30 (Section 10.12.100).

9. Building Code Requirements. Each ADU shall obtain a building permit from the Town and shall be constructed in compliance with all applicable California Building Standards Code and Mammoth Lakes Fire Protection District Code requirements. a. Fire sprinklers. An ADU is not required to have fire sprinklers if sprinklers are not required for the primary dwelling unit.
b. Manufactured home. A manufactured or modular unit that is permanently attached to a foundation and that complies with the California Building Standards Code may be used as an ADU in compliance with this section. A mobile home, recreational vehicle, or other movable habitable space (e.g., park model home, tiny home, etc.) that does not comply with the California Building Standards Code shall not be used as an ADU, unless it is modified to meet the aforementioned standards.

10. Illegal ADUs. This Section shall not validate any existing illegal ADUs, including unpermitted ADUs. To convert an illegal ADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a new ADU. For any illegal ADU built before January 1, 2020, upon an owner’s request, the city’s building official shall delay enforcing any building standards if the building official determines that correcting the violation is not necessary to protect health and safety. This provision shall sunset on January 1, 2025.

11. Deed restriction. Prior to issuance of a temporary or final certificate of occupancy for the ADU, recordation of a deed restriction in a form approved by the Town ensuring ongoing compliance with the applicable provisions of this Section shall occur.

12. ADU Removal. If an ADU is removed or converted to another use after a certificate of occupancy has been issued for the ADU, any deviations from development standards (e.g., setbacks, lot coverage, parking) or exemptions granted specific to the ADU use (e.g., reduced or exempt fees) shall be brought into compliance with the standards and regulations in effect at the time. Upon approval of the reversion request by the Town, the deed restriction applicable to the ADU shall be rescinded from title.

C. Requirements for ADUs Constructed on Lots with Single-Family Dwellings. In Zoning Districts where single-family residential uses are permitted and where an ADU is constructed on a lot or parcel containing an existing or proposed single-family dwelling, the following requirements shall apply in addition to the General Requirements specified in Section B above.

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1. Number of Accessory Dwelling Units (ADUs) Allowed.
a. Where ADUs are permitted, in addition to the primary unit a property owner may construct one (1) ADU that is either Interior, Attached, or Detached. b. On properties with either a primary single-family dwelling or a primary singlefamily dwelling and a detached ADU not exceeding 800 square feet in size, one additional Junior Accessory Dwelling Unit (JADU) is permitted consistent with Section C.5 below.

2. Interior Accessory Dwelling Units
a. Access.
i. Interior ADUs shall have exterior access separate from the main entrance to the primary dwelling unit.
ii. Interior access between the Interior ADU and the primary dwelling unit shall be prohibited. An Interior ADU may have access to an attached garage only if the garage is entirely dedicated for use by residents of the ADU and if the garage is not accessible to the primary dwelling unit.

In the event practical difficulties and/or hardships result from the strict enforcement of the interior access prohibition, the Director may grant an exception to this requirement if it is determined that:
(1) The existing building design makes it impractical to close off the interior access or there is a substantial cost or other hardship associated with closing off the interior access; and
(2) It can be demonstrated that the unit will function as a complete independent living facility regardless of the provision of interior access.

The exemption request shall include any information determined necessary by the Director to make those determinations. b. Maximum Size. The gross floor area of the Interior ADU shall not exceed the greater of 50 percent of the primary dwelling habitable space or 850 square feet for a studio or one-bedroom unit or 1,000 square feet for a unit with more than one-bedroom, not to exceed 1,200 square feet.
c. Expansion for Ingress/Egress. Interior ADUs located within an existing singlefamily dwelling may include an expansion of the existing structure of up to 150 square feet for the purpose of accommodating ingress or egress to/from the ADU, provided that the expansion area is non-habitable space and not fully enclosed (e.g., front porch, covered stairway, breezeway, wheelchair ramp). This space:
i. shall be excluded from lot coverage limitations applicable to the property; and
ii. may encroach into required side or rear yard setbacks, but shall maintain a minimum setback of four (4) feet from the side and rear property lines.

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d. New Construction. When an Interior ADU is constructed concurrently with a new single-family dwelling, the following shall apply in addition to the other standards in this Section:
i. lot coverage limitations shall not preclude the development of a maximum 800 square foot ADU; and
ii. portions of an Interior ADU constructed as part of a new single-family dwelling that do not exceed 16 feet in exterior building height may encroach into required side or rear yard setbacks, but shall maintain a minimum setback of four (4) feet from the side and rear property lines.

Any portion of an Interior ADU that exceeds 16 feet in exterior building height shall comply with the standard side and rear yard setbacks applicable to the property.

3. Attached Accessory Dwelling Units
a. Access.
i. Attached ADUs shall have exterior access separate from the main entrance to the primary dwelling unit.
ii. Interior access between the Attached ADU and the primary dwelling unit shall be prohibited. An Attached ADU may have access to an attached garage only if the garage is entirely dedicated for use by residents of the ADU and if the garage is not accessible to the primary dwelling unit.

In the event practical difficulties and/or hardships result from the strict enforcement of the interior access prohibition, the Director may grant an exception to this requirement if it is determined that:
(1) The existing building design makes it impractical to close off the interior access or there is a substantial cost or other hardship associated with closing off the interior access; and
(2) It can be demonstrated that the unit will function as a complete independent living facility regardless of the provision of interior access.

The exemption request shall include any information determined necessary by the Director to make those determinations. b. Maximum Size. The gross floor area of the Attached ADU shall not exceed the greater of 50 percent of the primary dwelling habitable space or 850 square feet for a studio or one-bedroom unit or 1,000 square feet for a unit with more than one-bedroom, not to exceed 1,200 square feet.
c. Rear and Side Setbacks and Height. Portions of an Attached ADU that do not exceed 2516 feet in exterior building height may encroach into required side or rear yard setbacks but shall maintain a minimum setback of four (4) feet from the side and rear property lines. Any portion of an Attached ADU that exceeds 2516 feet in exterior building height shall comply with the standard side and rear yard setbacks applicable to the property.

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d. Front Setback. A minimum front setback standard shall not be applied if it would prohibit construction of an ADU, where there is no other feasible location on a parcel to allow for construction of an 800 square foot ADU that meets height limits and complies with four-foot side and rear setbacks.
e. Lot Coverage. Lot coverage limitations shall not preclude the development of a maximum 800 square foot Attached ADU. Attached ADUs that exceed 800 square feet in gross floor area shall comply with the lot coverage limitation applicable to the property.

4. Detached Accessory Dwelling Units
a. Maximum Size. A Detached ADU shall not exceed 1,200 square feet in gross floor area. Detached ADUs located on a lot that contains a JADU shall not exceed 800 square feet in gross floor area.
b. Side and Rear Setbacks and Height. Portions of a Detached ADU that do not exceed 186 feet in exterior building height may encroach into required side or rear yard setbacks, but shall maintain a minimum setback of four (4) feet from the side and rear property lines. Any portion of a Detached ADU that exceeds 186 feet in exterior building height shall comply with the standard side and rear yard setbacks applicable to the property. A Detached ADU can be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house.
c. Front Setback. Front setback requirements cannot be used to prohibit construction of an ADU, where there is no other alternative to allow for construction of an 800 square foot ADU that meets height limits and complies with four foot side and rear setbacks.
d. Lot Coverage. Lot coverage limitations shall not preclude the development of a maximum 800 square foot Detached ADU. Detached ADUs that exceed 800 square feet in gross floor area shall comply with the lot coverage limitation applicable to the property.
e. Legal Nonconforming Setbacks for Conversions of Existing Structures. A legal nonconforming structure that is converted to a Detached ADU, or partially or completely demolished and replaced with a new Detached ADU structure, shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height. The maximum gross floor area of the Detached ADU shall not exceed the size limitation specified above.

5. Junior Accessory Dwelling Units (JADU)
a. Access.
i. JADUs shall have exterior access separate from the main entrance to the primary dwelling unit.
ii. Interior Access from the JADU to the primary dwelling unit may be maintained; however, if the required bathroom facilities are shared with

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the primary dwelling unit, unrestricted interior access to the bathroom facility is required at all times. If interior access is maintained, the tenant of the JADU shall be able to lock the shared door from the interior of the JADU for privacy.
b. Maximum Size. The gross floor area of the JADU shall not exceed 500 square feet and must be contained entirely within a single-family dwelling. No expansion of the single-family dwelling is permitted for the purposes of accommodating a JADU, except in instances where the expansion area complies with all general development standards applicable to the property.
c. Owner Occupancy Restriction. On a parcel with a primary dwelling unit and a JADU, only one (1) of the units may be rented on a long-term basis, and the owner must use the remaining portion of the primary dwelling or the JADU as their primary or seasonal residence. In instances when there is both a Detached ADU and a primary dwelling unit with a JADU, the owner occupancy requirement described herein shall only apply to the primary dwelling unit or the JADU.

D. Requirementsfor ADUs Constructed on Lots with Multi-Family Dwellings. In Zoning Districts where multi-family residential uses are permitted and where an ADU is constructed on a lot or parcel containing an existing multi-family residential use, the following requirements shall apply in addition to the General Requirements specified in Section B above.

1. Number of Accessory Dwelling Units (ADUs) Allowed.
a. A maximum of two (2) Detached ADUs; and/or
b. One (1) Interior ADU per existing multi-family residential structure or a number of Interior ADUs equal to 25 percent of the existing multi-family dwelling unit count, whichever is greater.

2. Detached Accessory Dwelling Units (ADU)
a. Maximum Size. The gross floor area of a Detached ADU shall not exceed 1,200 square feet.
b. Rear and Side Setbacks and Height. Portions of a Detached ADU on a parcel developed with one or more multi-family dwellings that do not exceed 186 feet in exterior building height may encroach into required side or rear yard setbacks, but shall maintain a minimum setback of four (4) feet from the side and rear property lines. Any portion of a Detached ADU that exceeds 186 feet in exterior building height shall comply with the standard side and rear yard setbacks applicable to the property.
b.c Front Setback. A minimum front setback standard shall not be applied if it would prohibit construction of an ADU, where there is no other feasible location to allow for construction of an 800 square foot ADU that meets height limits and complies with four foot side and rear setbacks.
c.d. Lot Coverage and Floor Area Ratio (FAR). Lot coverage limitations or floor area ratio (FAR) limitations, where applicable, shall not preclude the development of a

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maximum of two (2) 800 square foot Detached ADU units. Detached ADUs that exceed 800 square feet in gross floor area shall comply with the lot coverage limitation or the FAR limitation applicable to the property. d.e. Legal Nonconforming Setbacks for Conversions of Existing Structures. A legal nonconforming structure that is converted to a Detached ADU or partially or completely demolished and replaced with a new Detached ADU structure shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height. The maximum gross floor area of the Detached ADU shall not exceed the size limitation specified above.

3. Interior Accessory Dwelling Units (ADU)
a. Space Requirements. Non-habitable spaces (e.g., storage rooms, boiler rooms, passageways, attics, basements, garages, etc.) within existing multi-family residential structures may be converted to Interior ADUs, provided that the size of the unit complies with the minimum floor area specified in Section B.5 above and the space complies with the State building standards for a dwelling. No expansion of the multi-family residential structure(s) is permitted for the purposes of accommodating an ADU.

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17.52.100 Child Day Care Facilities
Where allowed by Article II (Zoning Districts and Allowable Land Uses), child day care facilities shall comply with the standards in this section. This Section establishes standards for child day care facilities in compliance with State law (Health and Safety Code Sections 1596.70 et seq. and 1597.30 et seq.), in a manner that recognizes the needs of childcare operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this Code and requirements imposed by the California State Department of Social Services. Child day care facilities shall meet all requirements of the California Building Standards Code and California Fire Code.

A. General requirements for all Child Day Care Facilities.

1. State licensing. Licensing by the California State Department of Social Services is required for all child day care facilities. The California Department of Social Services, Community Care Licensing Division (CCLD) evaluates family child care homes and determines whether they meet the health and safety requirements in order to be licensed by CCLD.

CCLD also conducts ongoing, unannounced inspections of all family child care homes and ensures child care providers meet the training requirements to care for children.

2. Noise. Child day care facilities shall comply with interior and exterior noise standards specified in Chapter 8.16 (Noise Regulation). Additionally, child day care facilities in residential zones shall operate only from 6 a.m. to 8 p.m. and may only conduct outdoor activities between the hours of 7 a.m. and 7 p.m.

3. Signs. Signs advertising a child day care facility in any residential zone shall be prohibited.

Signs advertising a child day care facility in zones other than residential zones shall be consistent with Chapter 17.48 (Signs).

B. Standards for large family day care. A large family day care is a facility in a single dwelling where an occupant of the residence provides family day care for seven to 14 children, including children under the age of 10 years who reside in the home.

1. Primary use as a residence required. The large family day care home shall be the principal residence of the day care provider, and the child care use shall be secondary to the use of the property as a residence.

2. On-site parking. In addition to the minimum on-site parking requirements for the residential use, one additional on-site parking space exclusively for the dropping off and picking up children, and one additional parking space for each employee not residing on the site shall be provided.

ORDINANCE NUMBER 23 -__ Page 13 of 24
EXHIBIT “B”
Case No. ZCA 23-001
Amendments to the Zoning Code
(Additions are shown in Blue Underline Text and deletions are shown in Red Strikeout Text)

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3. Fire protection. The facility shall meet fire and life safety standards established by the State Fire Marshal for large family day care homes.

4. Outdoor activity areas.
a. Location. Outside activity areas shall not be located in the front or street side setback area.
b. Fencing. Outside activity areas shall be fenced and equipped with a self-closing and latching gate.
c. Snowshed. Outside activity areas used during winter conditions must be set back a minimum of 10 feet from snowshed impact areas of buildings on or off-site as defined in Title 15 of the Municipal Code. No permitted reduction of snowshed impact areas will be considered in establishing this setback.

B. Standards for small and large family day care homes. A small family day care is a facility in a single dwelling residence where an occupant of the residence provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home. A large family day care is a facility is a single dwelling where an occupant of the residence provides family day care for seven to 14 children, including children under the age of 10 years who reside in the home.

The following standards shall apply to small and large family day care facilities.

1. Primary use as a residence required. The small family day care home shall be the principal residence of the day care provider, and the child care use shall be secondary to the use of the property as a residence. A single dwelling includes single-family homes, apartments, condos, townhouses, duplexes, and all other multi-family buildings (Group R-2 & R-3 occupancies).

2. Fire protection. The facility shall meet fire and life safety standards established by the State Fire Marshal for small and large family day care homes.

3. No Town license, land use/zoning permit, tax, or fee required. The Town shall not impose any business license, land use or zoning permit, fee, or tax for the privilege of operating a State licensed small or large family day care home consistent with State law.

C. Standards for child day care centers. The following standards shall apply to child day care centers.

1. Large family day care standards apply. The standards in Subsection 17.52.100.B. (Standards for large family day care), above, shall also apply to child day care centers.

1. Fire protection. The facility shall meet fire and life safety standards established by the State Fire Marshal for Child Day Care Centers.

2. On-site parking. On-site parking provided shall be a minimum of one on-site parking space per each full-time employee equivalent, plus one on-site parking space for each five children authorized by the State license.

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3. Outdoor Activity Areas and Snowshed. Outside activity areas used during winter conditions must be set back a minimum of 10 feet from snowshed impact areas of buildings on or off-site as defined in Title 15 of the Municipal Code. No permitted reduction of snowshed impact areas will be considered in establishing this setback.

4. Separation. No child care center shall be located within 300 feet of an existing child care center.

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TABLE 17.24.020: ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS P: Permitted Use; U: Use Permit Required; A: Administrative Permit Required; - : Use Not Allowed; (#) Limitation Applies, See Footnote
Land Use D OMR MLR See Specific Use Regulations:

Residential Use Classifications
Single Family Dwelling - - -
Multi-family Residential P(1) P(1) P
See 17.52.210 (Multi-Family
Residential Projects)
See 17.52.110 (Condominium
Conversions)
Assisted Living Facility - P(1) P
See 17.52.260 (Residential Care
and Assisted Living Facilities)
Convalescent Home - U(1) -
Emergency Housing/Shelter - P(1) -
Family Day Care Home, Small and Large P(1) P(1) P
See 17.52.100 (Child Daycare
Facilities)
Live/Work Unit P(1) P(1) P(1)
See 17.52.110 (Condominium
Conversions)
See 17.52.150 (Live Work Units)
Residential Care Facility See subclassifications below
General - A(1) A
See 17.52.260 (Residential Care
and Assisted Living Facilities)
Limited P(1) P(1) P
Second Dwelling Unit P P P
See 17.52.270 (Second Dwelling
Units)
Single Room Occupancy - U(1) U
Supportive Housing See 17.52.290 (Transitional and Supportive Housing) Transitional Housing See 17.52.290 (Transitional and Supportive Housing) Specific Limitations:

1. Limited to no more than 75% of the ground floor area when located along Primary and Secondary Active frontages. A minimum of 25% of the ground floor area shall be occupied by uses permitted by right or by administrative permit (i.e. active uses) and shall occupy the building or structure’s frontage for a minimum depth of 20 feet (Administrative Permit required for depths less than 20 feet).

2. Limited to establishments with a gross floor area of 5,000 square feet or less when located on the ground floor along Designated Active Frontages. Administrative Permit required if greater than 5,000 square feet.

3. Limited to establishments with a gross floor area of 1,200 square feet or less when located on the ground floor along Designated Active Frontages.

4. Permitted if existing, no new fueling stations allowed.

5. Use shall be completely enclosed in a building of soundproof construction.

6. At least 50 percent of the ground floor Designated Active Frontages shall be occupied by retail or food service uses.

7. Limited to walk-in clientele when located on the ground floor along Designated Active Frontages.

8. Shall be located behind buildings or in structures where other uses are located in the portion of the structure along Designated Active Frontages.

9. Limited to establishments with a gross floor area of 5,000 square feet or less.

10. Allowed only as accessory to a hotel or motel or other lodging use. Administrative Permit required if primary use in OMR and MLR districts.

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EXHIBIT “C”
Case No. ZCA 23-001
Amendments to the Zoning Code
(Additions are shown in Blue Underline Text and deletions are shown in Red Strikeout Text) Chapter 17.40 Water Efficient Landscape Regulations

17.40.010 Purpose

17.40.020 Applicability

17.40.030 Landscape and Irrigation Plans

17.40.040 General Requirements

17.40.050 Water Efficient Design and Compliance Options

17.40.060 Installation and Completion

17.40.070 Maintenance

17.40.080 Reporting
Purpose
The specific purposes of the water efficient landscape regulations are to:

A. Implement the Water Conservation in Landscaping Act and the 2015 California Model Water Efficient Landscape Ordinance (CA MWELO);
B. Reduce water waste in landscaping by promoting the use of alpine region-appropriate plants that require minimal supplemental irrigation, and by establishing standards for irrigation efficiency; C. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitation projects; D. Integrate “defensible space” into all new and rehabilitated landscape projects to reduce potential wildfire impacts on private property;
D.E. Promote rainwater capture and graywater use; and
E.F. Promote the effective and efficient irrigation of landscapes.

Applicability
A. The standards of this section apply to all of the following projects:

1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet.

2. Rehabilitation landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet.

ORDINANCE NUMBER 23 -__ Page 17 of 24

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3. Existing landscapes that were installed before December 1, 2015 and are over one acre in size shall be subject to the provisions for existing landscapes provided for in Section

17.40.040.H.

B. Any landscape project with an aggregate landscape area of 500 – 2,500 square feet may comply with the performance requirements of this section or conform to the prescriptive measures contained in the Water Efficient Landscape Checklist.

C. For projects using treated or untreated graywater or rainwater captured on-site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through rainwater captured on-site is subject only to the irrigation system requirements of the Water Efficient Landscape Checklist.

D. The following are exempt from the standards of this section when an applicant submits a WELO Exemption Form attesting to one of the following:

1. New construction with an aggregate landscape area less than 500 square feet.

2. Rrehabilitated landscape projects with an aggregate landscape area of less than 2,500 square feet.

23. Registered local, state, or federal historic sites.

34. Temporary irrigation systems utilized for three full growing seasons or less for purposes of ecological restoration, erosion/sedimentation control, and mine reclamation projects.

45. Community gardens or plant collections, as part of botanical gardens and arboretums open to the public.

46. Commercial cultivation of agricultural products, including but not limited to products of farms, orchards, production nurseries and forests.

Landscape and Irrigation Plans
A Landscape Documentation Package that complies with the requirements described in Section 17.40.040 shall be submitted with the permit application for all applicable projects, except for projects that are exempt pursuant to Section 17.40.020.D. When landscaping is proposed or required as part of a discretionary permit (i.e., use permit, tentative map, etc.), the application shall include a statement on the plans or a condition of approval shall be included that indicates compliance with the Town’s Water Efficient landscape Regulations shall be demonstrated at the building permit phase. For discretionary permits that will not entail subsequent building or grading permits, a fully compliant Landscape Documentation Package may be required as part of the discretionary permit process. The contents of the Landscape Documentation Package shall be drawn to scale and shall demonstrate landscape water efficiency pursuant to Section 17.40.050, Water Efficient Design and Compliance Options.

General Requirements
A. Defensible Space

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1. All Landscape projects shall include a noncombustible area at least five-feet-wide that surrounds the base of structures. This noncombustible area may incorporate noncombustible materials such as crushed rock, steppingstones, gravel, stone pavers, bare earth, irrigated herbaceous plants, or a combination of these materials. This area shall be depicted and called out on all landscape plans. This noncombustible area shall be kept free of wood mulches.

2. Utilize boulders, stone, gravel, or other noncombustible materials within the landscape to create intermittent bare spaces (fire breaks). Noncombustible landscape features and materials shall be identified on all Landscape Plans.

3. Retained conifer trees located within 30-feet of a habitable structure shall be pruned to the highest roof deck height, or a maximum of 1/3 of the total tree crown height. Existing trees shall be pruned up and away from structures to provide at least 10-feet of separation from roofs and chimneys.

4. At least 10-feet of horizontal distance between individual tree crowns shall be maintained for retained conifer trees within 30 feet horizontal distance of a habitable structure.

5. Landscape materials that are listed on the Town’s prohibited planting list shall not be approved in new or rehabilitated landscape projects.

6. New plantings located within 30-feet of a structure shall not include plants listed on the Town’s high fire hazard plant list.

7. Plants on the recommended plant list should be used for required and desired landscape and screening; plants that are not on the list shall be submitted for review.

B. Plant Materials

1. Plants shall be selected appropriately based upon their adaptability to the climatic, geologic and topographical conditions of Mammoth Lakes. Native species and natural areas are to be protected and preserved to the extent possible. Generally, turf is discouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this chapter. Recommendations for plant materials that could meet the requirements of this section are included in the Mammoth Lakes Recommended Plant List found in the Making the Most of Every Drop users guide and methods to achieve water efficiency shall include one or more of the following:
a. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental influence on local climate;
b. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines) and allow for adequate soil volume for healthy root growth; and
c. Consider the solar orientation for plant placement to maximize winter solar gain.

2. Plants having similar water use should be grouped together by hydrozone (i.e. high, medium, low). Though not encouraged, plants of low and moderate water use may be planted in the same hydrozone, and plants of moderate and high water use may be planted

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in the same hydrozone. Plants of low and high water use may not be planted in the same hydrozone. The Estimated Total Water Usage (Section 17.40.040. F) for these mixed areas shall assume a plant factor based on the proportions of the represented plant species or apply the plant factor of the least water efficient plant species (Refer to Making the Most of Every Drop user guide).

3. Plant materials and mulches will be in compliance with local Fire Codes. Fire prevention measures shall be addressed in areas that are fire prone as identified by The Mammoth Fire Severity Zone Map.

4. Turf shall not be planted on slopes greater than 25 percent.

5. No portions of turf areas shall be less than ten feet (10’) wide to prevent overspray.

6. Noxious weeds as identified by the USDA and invasive plant species as identified in by the California Invasive Plant Inventory are prohibited.

7. The landscape area shall be the sum of all the landscaped areas on the site per the definition in Section 17.148.020.

8. The landscape area shall use efficient water conservation practices and shall generally separate areas of similar slope, sun exposure, soil, and other site conditions appropriate for the selected plants. Refer to the Making the Most of Every Drop user guide.

9. High water use plants (including turf), characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

10. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water plants as a group.

C. Soil Preparation and Mulch

1. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

2. For landscape installations, compost at a rate of minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil.

Soils with greater than 6% organic matter in the top 6 inches of soil are exempts from adding compost and tilling.

3. A minimum three-inch (3”) layer of mulch shall be applied on all exposed soil surfaces of non-turf planting areas, except for creeping or rooting groundcovers, direct seeding, and other applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. Stabilizing mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

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4. Organic mulch materials made from recycled or post-consumer materials shall be used instead of inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fire Codes.

5. When a Soil Management Report is required pursuant to the application requirements, the soil analysis recommendations shall be implemented and soil amendments shall be incorporated according to the report and what is appropriate for the plants selected.

D. Irrigation Specifications
This section applies to landscape areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period.

1. The irrigation system and its related components shall be planned and designed to allow for proper installation, operation, management, and maintenance. An irrigation system is expected to meet or exceed 75.0% efficiency for overhead spray devices and 81.0% efficiency for drip system devices, and be installed in compliance with the manufacturers’ recommendations.

2. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures.

3. Automatic irrigation controllers and sensors are required. Controllers may either be weather-based or soil moisture-based controllers utilizing non-volatile memory that automatically adjust irrigation in response to changes in plants' needs as weather conditions change. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, shall be required and shall function to suspend or alter irrigation operation during unfavorable weather conditions.

4. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates with soil type and soil infiltration rates in order to minimize runoff.

5. Low-volume irrigation shall be required in mulched areas to maximize water infiltration into the root zone. Narrow or irregular shaped areas that are less than ten feet (10’) in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. In areas with slopes greater than 25 percent, the area shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour unless the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

6. Pressure regulation is a key component in efficient irrigation system operation. Static pressure throughout the Town of Mammoth varies greatly due to many factors (e.g., topography, time of year, time of day, location of project in relationship to water source, etc.). Pressure regulation shall be required on all projects and set to 60 pounds per square inch unless the landscape plan demonstrates a need for higher pressure. The system shall

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be designed to ensure that the dynamic pressure at irrigation feature is within the manufacturer’s recommended pressure range for optimal performance.

7. Overhead irrigation is prohibited within 24 inches of any non-permeable surface. If planted, only low-volume irrigation shall be allowed within the 24-inch setback.

8. Recirculating water shall be used for decorative water features. Surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation.

9. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.

10. Irrigation systems for non-residential landscapes and residential landscapes of 5,000 square feet or larger shall include flow sensors that detect high flow conditions created by system damage or malfunction.

11. Master shut-off valves are required on all landscape projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

12. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair.

13. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

14. The design of the irrigation system shall conform to the hydrozones of the landscape design plan and each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

15. Sprinkler heads shall have matched precipitation rates within each control circuit valve and shall be selected for proper coverage and precipitation rate. Head to head coverage is recommended and sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacture’s recommendations.

16. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or located in high traffic areas.

17. Where feasible, trees shall be placed on separate valves form shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

18. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers/International Code Council’s ( ASABE /ICC) 802 -2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must

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document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in the ASABE/ICC 802-2014.

E. Mammoth Community Water District (MCWD) Served Connections

1. Separate landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 square feet, but not more than 5,000 square feet (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 square feet or greater, or as required by MCWD Code if the MCWD Code has more stringent standards. A landscape water meter may be either a customer service meter dedicated to landscape use provided by the MCWD or a privately owned meter or submeter.

2. When a landscape has a separate water meter the irrigation system and decorative water features shall be designed to allow for the current and future use of recycled water and shall use recycled water. Compliance or exemption shall be documented via a written letter from the MCWD, that details compliance or states that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

3. Program settings for irrigation controllers shall comply with MCWD watering regulations.

4. All irrigation shall be subject to regulations and restrictions put forth by the MCWD.

F. Maintenance. A regular maintenance schedule shall be submitted as part of the Landscape Documentation Package. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include, but not be limited to: testing, adjusting and repairing backflow prevention devices, pressure regulating devices and irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning and weeding in all landscaped areas. Refer to Section 17.40.070.

G. Water Budget Worksheet. When a Landscape Documentation Package is required, the project applicant shall complete the Water Budget Worksheet contained within the Landscape Documentation Package application which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special Landscape Areas (SLAs). The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance (MAWA) is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

1. In calculating the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU), a project applicant shall use the Evapotranspiration (ETo) value for Mammoth Lakes, which is thirty-three inches.

2. Water budget calculations shall adhere to the following requirements:

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a. The plant factor (PF) value may be found in the Making the Most of Every Drop users guide, or for more specific information the WUCOLS publication, or may be more precisely determined by a landscape professional, with consideration of sitespecific soil and microclimate conditions. The PF ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. b. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. c. All Special Landscape Areas (SLAs) shall be identified and their water use calculated. ETAF for new and existing (non-rehabilitated) SLAs shall not exceed

1.0. H. Graywater Systems. Graywater systems are encouraged for on-site landscape irrigation. All gray water systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any requirements of the town and/or MCWD.

I. Existing Landscapes Over One Acre in Size. For existing landscapes over one acre in size that have a landscape water meter, the town and/or MCWD shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applies Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62). For existing landscapes over one acre in size that do not have a landscape water meter, the town and/or MCWD shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

J. Other Information. Other information determined necessary by the Director.

END of Section 17.40.030 – Landscape and Irrigation Plans

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RESOLUTION NO. PEDC 2023-02

A RESOLUTION OF THE MAMMOTH LAKES PLANNING AND

ECONOMIC DEVELOPMENT COMMISSION

RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF
ZONING CODE AMENDMENT 23-001 TO MODIFY THE

ZONING CODE STANDARDS FOR ACCESSORY DWELLING UNITS,

CHILD DAY CARE FACILITIES, AND WATER EFFICIENT LANDSCAPE

REGULATIONS
WHEREAS, a request for consideration of a Zoning Code Amendment was filed by the Town of Mammoth Lakes to amend the development and land use standards applicable to the following sections of the zoning code:
• Section 17.52.055 (Accessory Dwelling Units) to revise height limits and reduce front setback requirements for accessory dwelling units (ADUs). This amendment will achieve compliance with State Legislative requirements imposed by Senate Bill 897 and Assembly Bill 2221.
• Section 17.52.100 (Child Day Care Facilities) to achieve compliance with the State legislative requirements imposed by Senate Bill SB 234 and clarify the standards applicable to the different categories of Child Care Facilities. • Chapter 17.40 (Water Efficient Landscape Regulations), to incorporate wildfire mitigation landscape standards applicable to new and rehabilitated landscape projects in accordance with General Plan Health and Safety Element Action Items S.5.A.2, S.5.A.3, and S.6.F.2.; and
WHEREAS, the proposed amendments to Municipal Code Title 17, are in accordance with Chapter 17.112 of the Town of Mammoth Lakes Municipal Code; and WHEREAS, the Planning and Economic Development Commission conducted a duly noticed public hearing on the application request on February 14, 2023, at which time the public hearing was opened and all those desiring to be heard were heard; and WHEREAS, the Planning and Economic Development Commission considered, without limitation:

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

2. The Municipal Code;

3. Oral evidence submitted at the hearing; and

4. Written evidence submitted at the hearing.

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Resolution No. PEDC 2023-02

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NOW THEREFORE, THE PLANNING AND ECONOMIC DEVELOPMENT

COMMISSION OF THE TOWN OF MAMMOTH LAKES DOES RESOLVE,
DETERMINE, FIND AND ORDER AS FOLLOWS:

SECTION 1. FINDINGS.

1. CEQA.
a. Public Resources Code section 21083.3 and State CEQA Guidelines section 15183(c) mandate that projects consistent with the development densities established by existing zoning, community plan or General Plan policies for which an environmental impact report was certified shall not require additional environmental review except as might be necessary to examine whether there are significant environmental impacts peculiar to the project or otherwise not previously analyzed.

Based on the staff report, which is incorporated by reference including its attachments, the General Plan, the Zoning Code, and all other evidence contained in the administrative record for this project, the PEDC finds that the amendments to the Zoning Code are: (1) consistent with the development densities established by the General Plan; (2) do not have the potential to result in impacts peculiar to the project; (3) there are no other potential impacts of this amendment to the Zoning Code that were not addressed in the General Plan EIR; (4) there are no potentially significant offsite or cumulative impacts posed by this amendment to the Zoning Code that were not addressed in the General Plan EIR; and (5) substantial new information has not come to light that shows that impacts previously addressed will be more significant that described in the General Plan EIR.

Therefore, under Public Resources Code section 21083.3 and State CEQA Guidelines section 15183(c), no additional EIR or other environmental analysis is required.

2. MUNICIPAL CODE FINDINGS.

FINDINGS FOR ZONING CODE AMENDMENT
(Municipal Code Section 17.112.060)
a. The proposed amendment is internally consistent with all other provisions of the General Plan and any applicable specific plan or master plan; The proposed zoning code amendment maintains consistency with the General Plan because the scope of the proposed amendments are intended to update existing standards applicable to accessory dwelling units and child day care facilities, to reflect changes in State Law. The proposed amendments to these sections of the zoning code also include the addition of clarifications where appropriate.

The proposed amendments to Chapter 17.40 - Water Efficient Landscape Regulations, implement three action items of the General Plan Public Health and Safety Element, which results in improved consistency between the Zoning Code and the General Plan. b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the town; and The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town because the proposed amendment does not substantively alter the policies and intent of the General Plan or the Zoning Code

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Resolution No. PEDC 2023-02

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and will provide increased transparency, for the public in understanding the standards that apply to accessory dwelling units, child day care facilities, as well as new and rehabilitated landscape projects.

The proposed amendments implement improvements to the public health and safety by providing greater flexibility in establishing or expanding State licensed child day care homes, and by adopting more flexible standards the promote the development of accessory dwelling units. The amendments to the water efficient landscape regulations also result in better implementation of wildfire risk-reduction strategies applicable to new and rehabilitated landscape areas on private property. c. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA); and
The Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 mandate that projects consistent with the development densities established by existing zoning, community plan or General Plan policies for which an environmental impact report was certified shall not require additional environmental review except as might be necessary to examine whether there are significant environmental impacts peculiar to the project or otherwise not previously analyzed.

Based on this staff report, including its attachments, the General Plan, the Zoning Code, and all other evidence contained in the administrative record for this project, the PEDC Resolution (Attachment 1) finds that the amendments to the Zoning Code are:
(1) consistent with the development densities established by the General Plan; (2) do not have the potential to result in impacts peculiar to the project; (3) there are no other potential impacts of this amendment to the Zoning Code that was not addressed in the General Plan EIR; (4) there are no potentially significant off-site or cumulative impacts posed by this amendment to the Zoning Code that were not addressed in the General Plan EIR; and (5) substantial new information has not come to light that shows that impacts previously addressed will be more significant that described in the General Plan EIR.

Therefore, under Public Resources Code section 21083.3 and State CEQA Guidelines section 15183(c), no additional EIR or other environmental analysis is required. d. Additional finding for Zoning Code Amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

The proposed zoning code amendment is intended to incorporate State mandated changes to specific development standards that may be applied to accessory dwelling units, as well as State mandated changes to land use standards that may be applied to child day care facilities. The scope of the text amendments results in clarification of existing standards, corrects minor errors and omissions, and increases flexibility within Sections 17.52.055, “Accessory Dwelling Units,” and 17.52.100, “Child Care Facilities.” The changes to these sections do not result in a conflict with any other provision of the Zoning Code.

The proposed amendment to the water efficient landscape regulations more clearly defines application and review requirements, and applicable landscape design standards which includes defensible space requirements within Chapter 17.40, “Water Efficient Landscape Regulations” in accordance with existing goals, policies and actions included in the Public Health and Safety Element of the General Plan. This proposed amendment improves the Town’s ability to ensure that wildfire risk reduction

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Resolution No. PEDC 2023-02

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strategies are incorporated into new and rehabilitated landscape projects on private property, which works in tandem with other applicable provisions of the Zoning Code.

SECTION 2. PLANNING AND ECONOMIC DEVELOPMENT COMMISSION ACTIONS.

The Planning and Economic Development Commission hereby takes the following actions:

1. Recommends that the Town Council finds that this project is exempt pursuant to Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183(c) and directs staff to file a Notice of Exemption; and

2. Recommends to the Town Council approval of Zoning Code Amendment 23-001 as described in Exhibits “A”, “B” and “C”.

PASSED AND ADOPTED this 14th day of February 2023, by the following vote, to wit:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:
________________________________ ________________________________ Sandra Moberly, Michael Vanderhurst,
Community and Economic Chair of the Mammoth Lakes Planning Development Director and Economic Development Commission NOTE: This action is subject to Chapter 17.104 of the Municipal Code, which specifies time limits for legal challenges.

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EXHIBIT “A”
Resolution No. PEDC 2023-02
Case No. ZCA 23-001
Amendments to the Zoning Code
(Additions are shown in Blue Underline text and deletions are shown in Red Strikeout text)

17.52.055 Accessory Dwelling Units (ADUs)
A. Purpose and Applicability. This Section establishes standards for the development and operation of Accessory Dwelling Units (previously known as second dwelling units and hereafter referred to as “ADUs”) where allowed by Article II (Zoning Districts and Allowable Land Uses) and consistent with Government Code Section 65852.2 and 65852.22. An ADU that conforms to the development standards described herein is deemed to be an accessory use and the accessory dwelling unit(s) shall not count towards the overall density for the lot upon which it is located.

B. General Requirements. All ADUs shall be subject to the following requirements:

1. Primary Dwelling. ADUs are permitted as an accessory use only on lots or parcels containing a primary dwelling unit. If being constructed simultaneously with the primary dwelling unit, a certificate of occupancy for the ADU shall not be issued prior to the issuance of a certificate of occupancy for the primary dwelling unit.

2. Types of ADUs
a. Attached ADU. An ADU that is constructed as a physical expansion of an existing single-family dwelling and maintains at least one (1) wall in common with the existing single-family dwelling.
b. Interior ADU. An ADU that is either: (a) constructed within a new single-family dwelling unit; or (b) converted from existing space within the structure of an existing single-family or multi-family dwelling.
c. Detached ADU. An ADU that is located in a separate structure from the primary dwelling and does not share a common wall with the primary dwelling. d. Junior ADU (JADU). An ADU that is restricted to no more than five hundred (500) square feet in size and is contained entirely within a single-family dwelling.

3. Occupancy and Rental Requirements.
a. Short-term rental restriction. The short-term rental of an ADU for a period of thirty consecutive days or less is prohibited for all ADUs.
b. Owner occupancy. There are no owner-occupancy restrictions for long-term rentals of either the primary dwelling or the ADU for terms longer than 30 days.

On a parcel with a primary dwelling unit and a JADU, the owner-occupancy restrictions specified in Subsection C.5.d (JADU Occupancy Requirements) shall apply.

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4. Sale of Unit Prohibited. No ADU shall be sold or otherwise conveyed separately from the primary dwelling unit.

5. Minimum Floor Area. An ADU shall have a minimum gross floor area of 150 square feet or the minimum required for an efficiency dwelling unit as defined in Section 17958.1 of the Health and Safety Code.

6. Required Facilities. All ADUs shall contain the following:
a. Kitchen. A kitchen separate from the primary dwelling unit, consistent with the definition of a kitchen specified in Chapter 17.148 of this Code; and b. Bathroom. A bathroom separate from the primary dwelling unit. JADUs may share bathroom facilities with the primary dwelling unit, so long as unrestricted interior access to the bathroom facility is always available.

7. Design Standards
a. Roof design and materials. When an ADU is constructed with reduced side or rear yard setbacks, where allowed by this Section, the pitch of any portion of the roof within the reduced setback area shall not be directed towards the side or rear property line(s), or the structure shall have a non-shedding roof material and/or an engineered snowslide restraint device for the life of the structure. b. Architectural Projections. When an ADU is constructed with reduced side or rear yard setbacks, where allowed by this Section, no portion of the structure, including the architectural features specified in Table 17.36.100 (Allowed Projections into Setbacks), shall be located closer than four (4) feet to the side and rear property lines.

8. Parking.
a. No parking is required for an ADU.
b. If a garage, carport, or covered parking structure providing required parking for a primary dwelling unit is demolished in conjunction with the construction of an ADU, or converted to an ADU, replacement parking for the lost off-street parking is not required.
c. To encourage the provision of parking for ADUs, one (1) additional on-site parking space for properties with an ADU may be located within a setback area, provided that the following criteria are met:
i. The maximum lot coverage allowance for the applicable zoning district is not exceeded;
ii. Snow storage on the property complies with the size and location requirements specified in Section 17.36.110 (Snow Storage); iii. The additional parking area is setback a minimum of five (5) feet from side property lines;

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iv. The additional parking area shall be accessed by the same driveway as the primary dwelling unless a second driveway is approved pursuant to the “Residential Driveway Standards” for a second driveway specified in the Public Works Town Standards; and
v. Use of the setback to provide additional parking for an ADU shall require the property owner to indemnify and hold harmless the Town from any action or expense, including damage to vehicles as a result of snow removal, that may occur as a result of the use of the setback for parking. d. Nothing within this Section shall be deemed to permit on-street parking during any time when such parking is prohibited, including the on-street winter parking prohibition throughout Town from November 1 to April 30 (Section 10.12.100).

9. Building Code Requirements. Each ADU shall obtain a building permit from the Town and shall be constructed in compliance with all applicable California Building Standards Code and Mammoth Lakes Fire Protection District Code requirements. a. Fire sprinklers. An ADU is not required to have fire sprinklers if sprinklers are not required for the primary dwelling unit.
b. Manufactured home. A manufactured or modular unit that is permanently attached to a foundation and that complies with the California Building Standards Code may be used as an ADU in compliance with this section. A mobile home, recreational vehicle, or other movable habitable space (e.g., park model home, tiny home, etc.) that does not comply with the California Building Standards Code shall not be used as an ADU, unless it is modified to meet the aforementioned standards.

10. Illegal ADUs. This Section shall not validate any existing illegal ADUs, including unpermitted ADUs. To convert an illegal ADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a new ADU. For any illegal ADU built before January 1, 2020, upon an owner’s request, the city’s building official shall delay enforcing any building standards if the building official determines that correcting the violation is not necessary to protect health and safety. This provision shall sunset on January 1, 2025.

11. Deed restriction. Prior to issuance of a temporary or final certificate of occupancy for the ADU, recordation of a deed restriction in a form approved by the Town ensuring ongoing compliance with the applicable provisions of this Section shall occur.

12. ADU Removal. If an ADU is removed or converted to another use after a certificate of occupancy has been issued for the ADU, any deviations from development standards (e.g., setbacks, lot coverage, parking) or exemptions granted specific to the ADU use (e.g., reduced or exempt fees) shall be brought into compliance with the standards and regulations in effect at the time. Upon approval of the reversion request by the Town, the deed restriction applicable to the ADU shall be rescinded from title.

C. Requirements for ADUs Constructed on Lots with Single-Family Dwellings. In Zoning Districts where single-family residential uses are permitted and where an ADU is constructed on a lot or parcel containing an existing or proposed single-family dwelling, the following requirements shall apply in addition to the General Requirements specified in Section B above.

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1. Number of Accessory Dwelling Units (ADUs) Allowed.
a. Where ADUs are permitted, in addition to the primary unit a property owner may construct one (1) ADU that is either Interior, Attached, or Detached. b. On properties with either a primary single-family dwelling or a primary singlefamily dwelling and a detached ADU not exceeding 800 square feet in size, one additional Junior Accessory Dwelling Unit (JADU) is permitted consistent with Section C.5 below.

2. Interior Accessory Dwelling Units
a. Access.
i. Interior ADUs shall have exterior access separate from the main entrance to the primary dwelling unit.
ii. Interior access between the Interior ADU and the primary dwelling unit shall be prohibited. An Interior ADU may have access to an attached garage only if the garage is entirely dedicated for use by residents of the ADU and if the garage is not accessible to the primary dwelling unit.

In the event practical difficulties and/or hardships result from the strict enforcement of the interior access prohibition, the Director may grant an exception to this requirement if it is determined that:
(1) The existing building design makes it impractical to close off the interior access or there is a substantial cost or other hardship associated with closing off the interior access; and
(2) It can be demonstrated that the unit will function as a complete independent living facility regardless of the provision of interior access.

The exemption request shall include any information determined necessary by the Director to make those determinations. b. Maximum Size. The gross floor area of the Interior ADU shall not exceed the greater of 50 percent of the primary dwelling habitable space or 850 square feet for a studio or one-bedroom unit or 1,000 square feet for a unit with more than one-bedroom, not to exceed 1,200 square feet.
c. Expansion for Ingress/Egress. Interior ADUs located within an existing singlefamily dwelling may include an expansion of the existing structure of up to 150 square feet for the purpose of accommodating ingress or egress to/from the ADU, provided that the expansion area is non-habitable space and not fully enclosed (e.g., front porch, covered stairway, breezeway, wheelchair ramp). This space:
i. shall be excluded from lot coverage limitations applicable to the property; and
ii. may encroach into required side or rear yard setbacks, but shall maintain a minimum setback of four (4) feet from the side and rear property lines.

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d. New Construction. When an Interior ADU is constructed concurrently with a new single-family dwelling, the following shall apply in addition to the other standards in this Section:
i. lot coverage limitations shall not preclude the development of a maximum 800 square foot ADU; and
ii. portions of an Interior ADU constructed as part of a new single-family dwelling that do not exceed 16 feet in exterior building height may encroach into required side or rear yard setbacks, but shall maintain a minimum setback of four (4) feet from the side and rear property lines.

Any portion of an Interior ADU that exceeds 16 feet in exterior building height shall comply with the standard side and rear yard setbacks applicable to the property.

3. Attached Accessory Dwelling Units
a. Access.
i. Attached ADUs shall have exterior access separate from the main entrance to the primary dwelling unit.
ii. Interior access between the Attached ADU and the primary dwelling unit shall be prohibited. An Attached ADU may have access to an attached garage only if the garage is entirely dedicated for use by residents of the ADU and if the garage is not accessible to the primary dwelling unit.

In the event practical difficulties and/or hardships result from the strict enforcement of the interior access prohibition, the Director may grant an exception to this requirement if it is determined that:
(1) The existing building design makes it impractical to close off the interior access or there is a substantial cost or other hardship associated with closing off the interior access; and
(2) It can be demonstrated that the unit will function as a complete independent living facility regardless of the provision of interior access.

The exemption request shall include any information determined necessary by the Director to make those determinations. b. Maximum Size. The gross floor area of the Attached ADU shall not exceed the greater of 50 percent of the primary dwelling habitable space or 850 square feet for a studio or one-bedroom unit or 1,000 square feet for a unit with more than one-bedroom, not to exceed 1,200 square feet.
c. Rear and Side Setbacks and Height. Portions of an Attached ADU that do not exceed 2516 feet in exterior building height may encroach into required side or rear yard setbacks but shall maintain a minimum setback of four (4) feet from the side and rear property lines. Any portion of an Attached ADU that exceeds 2516 feet in exterior building height shall comply with the standard side and rear yard setbacks applicable to the property.

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d. Front Setback. A minimum front setback standard shall not be applied if it would prohibit construction of an ADU, where there is no other feasible location on a parcel to allow for construction of an 800 square foot ADU that meets height limits and complies with four-foot side and rear setbacks.
e. Lot Coverage. Lot coverage limitations shall not preclude the development of a maximum 800 square foot Attached ADU. Attached ADUs that exceed 800 square feet in gross floor area shall comply with the lot coverage limitation applicable to the property.

4. Detached Accessory Dwelling Units
a. Maximum Size. A Detached ADU shall not exceed 1,200 square feet in gross floor area. Detached ADUs located on a lot that contains a JADU shall not exceed 800 square feet in gross floor area.
b. Side and Rear Setbacks and Height. Portions of a Detached ADU that do not exceed 186 feet in exterior building height may encroach into required side or rear yard setbacks, but shall maintain a minimum setback of four (4) feet from the side and rear property lines. Any portion of a Detached ADU that exceeds 186 feet in exterior building height shall comply with the standard side and rear yard setbacks applicable to the property. A Detached ADU can be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house.
c. Front Setback. Front setback requirements cannot be used to prohibit construction of an ADU, where there is no other alternative to allow for construction of an 800 square foot ADU that meets height limits and complies with four foot side and rear setbacks.
d. Lot Coverage. Lot coverage limitations shall not preclude the development of a maximum 800 square foot Detached ADU. Detached ADUs that exceed 800 square feet in gross floor area shall comply with the lot coverage limitation applicable to the property.
e. Legal Nonconforming Setbacks for Conversions of Existing Structures. A legal nonconforming structure that is converted to a Detached ADU, or partially or completely demolished and replaced with a new Detached ADU structure, shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height. The maximum gross floor area of the Detached ADU shall not exceed the size limitation specified above.

5. Junior Accessory Dwelling Units (JADU)
a. Access.
i. JADUs shall have exterior access separate from the main entrance to the primary dwelling unit.
ii. Interior Access from the JADU to the primary dwelling unit may be maintained; however, if the required bathroom facilities are shared with

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the primary dwelling unit, unrestricted interior access to the bathroom facility is required at all times. If interior access is maintained, the tenant of the JADU shall be able to lock the shared door from the interior of the JADU for privacy.
b. Maximum Size. The gross floor area of the JADU shall not exceed 500 square feet and must be contained entirely within a single-family dwelling. No expansion of the single-family dwelling is permitted for the purposes of accommodating a JADU, except in instances where the expansion area complies with all general development standards applicable to the property.
c. Owner Occupancy Restriction. On a parcel with a primary dwelling unit and a JADU, only one (1) of the units may be rented on a long-term basis, and the owner must use the remaining portion of the primary dwelling or the JADU as their primary or seasonal residence. In instances when there is both a Detached ADU and a primary dwelling unit with a JADU, the owner occupancy requirement described herein shall only apply to the primary dwelling unit or the JADU.

D. Requirementsfor ADUs Constructed on Lots with Multi-Family Dwellings. In Zoning Districts where multi-family residential uses are permitted and where an ADU is constructed on a lot or parcel containing an existing multi-family residential use, the following requirements shall apply in addition to the General Requirements specified in Section B above.

1. Number of Accessory Dwelling Units (ADUs) Allowed.
a. A maximum of two (2) Detached ADUs; and/or
b. One (1) Interior ADU per existing multi-family residential structure or a number of Interior ADUs equal to 25 percent of the existing multi-family dwelling unit count, whichever is greater.

2. Detached Accessory Dwelling Units (ADU)
a. Maximum Size. The gross floor area of a Detached ADU shall not exceed 1,200 square feet.
b. Rear and Side Setbacks and Height. Portions of a Detached ADU on a parcel developed with one or more multi-family dwellings that do not exceed 186 feet in exterior building height may encroach into required side or rear yard setbacks, but shall maintain a minimum setback of four (4) feet from the side and rear property lines. Any portion of a Detached ADU that exceeds 186 feet in exterior building height shall comply with the standard side and rear yard setbacks applicable to the property.
b.c Front Setback. A minimum front setback standard shall not be applied if it would prohibit construction of an ADU, where there is no other feasible location to allow for construction of an 800 square foot ADU that meets height limits and complies with four foot side and rear setbacks.
c.d. Lot Coverage and Floor Area Ratio (FAR). Lot coverage limitations or floor area ratio (FAR) limitations, where applicable, shall not preclude the development of a

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maximum of two (2) 800 square foot Detached ADU units. Detached ADUs that exceed 800 square feet in gross floor area shall comply with the lot coverage limitation or the FAR limitation applicable to the property. d.e. Legal Nonconforming Setbacks for Conversions of Existing Structures. A legal nonconforming structure that is converted to a Detached ADU or partially or completely demolished and replaced with a new Detached ADU structure shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height. The maximum gross floor area of the Detached ADU shall not exceed the size limitation specified above.

3. Interior Accessory Dwelling Units (ADU)
a. Space Requirements. Non-habitable spaces (e.g., storage rooms, boiler rooms, passageways, attics, basements, garages, etc.) within existing multi-family residential structures may be converted to Interior ADUs, provided that the size of the unit complies with the minimum floor area specified in Section B.5 above and the space complies with the State building standards for a dwelling. No expansion of the multi-family residential structure(s) is permitted for the purposes of accommodating an ADU.

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EXHIBIT “B”
Resolution No. PEDC 2023-02
Case No. ZCA 23-001
Amendments to the Zoning Code
(Additions are shown in Blue Underline Text and deletions are shown in Red Strikeout Text)

17.52.100 Child Day Care Facilities
Where allowed by Article II (Zoning Districts and Allowable Land Uses), child day care facilities shall comply with the standards in this section. This Section establishes standards for child day care facilities in compliance with State law (Health and Safety Code Sections 1596.70 et seq. and 1597.30 et seq.), in a manner that recognizes the needs of childcare operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this Code and requirements imposed by the California State Department of Social Services. Child day care facilities shall meet all requirements of the California Building Standards Code and California Fire Code.

A. General requirements for all Child Day Care Facilities.

1. State licensing. Licensing by the California State Department of Social Services is required for all child day care facilities. The California Department of Social Services, Community Care Licensing Division (CCLD) evaluates family child care homes and determines whether they meet the health and safety requirements in order to be licensed by CCLD.

CCLD also conducts ongoing, unannounced inspections of all family child care homes and ensures child care providers meet the training requirements to care for children.

2. Noise. Child day care facilities shall comply with interior and exterior noise standards specified in Chapter 8.16 (Noise Regulation). Additionally, child day care facilities in residential zones shall operate only from 6 a.m. to 8 p.m. and may only conduct outdoor activities between the hours of 7 a.m. and 7 p.m.

3. Signs. Signs advertising a child day care facility in any residential zone shall be prohibited.

Signs advertising a child day care facility in zones other than residential zones shall be consistent with Chapter 17.48 (Signs).

B. Standards for large family day care. A large family day care is a facility in a single dwelling where an occupant of the residence provides family day care for seven to 14 children, including children under the age of 10 years who reside in the home.

1. Primary use as a residence required. The large family day care home shall be the principal residence of the day care provider, and the child care use shall be secondary to the use of the property as a residence.

2. On-site parking. In addition to the minimum on-site parking requirements for the residential use, one additional on-site parking space exclusively for the dropping off and picking up children, and one additional parking space for each employee not residing on the site shall be provided.

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3. Fire protection. The facility shall meet fire and life safety standards established by the State Fire Marshal for large family day care homes.

4. Outdoor activity areas.
a. Location. Outside activity areas shall not be located in the front or street side setback area.
b. Fencing. Outside activity areas shall be fenced and equipped with a self-closing and latching gate.
c. Snowshed. Outside activity areas used during winter conditions must be set back a minimum of 10 feet from snowshed impact areas of buildings on or off-site as defined in Title 15 of the Municipal Code. No permitted reduction of snowshed impact areas will be considered in establishing this setback.

B. Standards for small and large family day care homes. A small family day care is a facility in a single dwelling residence where an occupant of the residence provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home. A large family day care is a facility is a single dwelling where an occupant of the residence provides family day care for seven to 14 children, including children under the age of 10 years who reside in the home.

The following standards shall apply to small and large family day care facilities.

1. Primary use as a residence required. The small family day care home shall be the principal residence of the day care provider, and the child care use shall be secondary to the use of the property as a residence. A single dwelling includes single-family homes, apartments, condos, townhouses, duplexes, and all other multi-family buildings (Group R-2 & R-3 occupancies).

2. Fire protection. The facility shall meet fire and life safety standards established by the State Fire Marshal for small and large family day care homes.

3. No Town license, land use/zoning permit, tax, or fee required. The Town shall not impose any business license, land use or zoning permit, fee, or tax for the privilege of operating a State licensed small or large family day care home consistent with State law.

C. Standards for child day care centers. The following standards shall apply to child day care centers.

1. Large family day care standards apply. The standards in Subsection 17.52.100.B. (Standards for large family day care), above, shall also apply to child day care centers.

1. Fire protection. The facility shall meet fire and life safety standards established by the State Fire Marshal for Child Day Care Centers.

2. On-site parking. On-site parking provided shall be a minimum of one on-site parking space per each full-time employee equivalent, plus one on-site parking space for each five children authorized by the State license.

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3. Outdoor Activity Areas and Snowshed. Outside activity areas used during winter conditions must be set back a minimum of 10 feet from snowshed impact areas of buildings on or off-site as defined in Title 15 of the Municipal Code. No permitted reduction of snowshed impact areas will be considered in establishing this setback.

4. Separation. No child care center shall be located within 300 feet of an existing child care center.

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TABLE 17.24.020: ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS P: Permitted Use; U: Use Permit Required; A: Administrative Permit Required; - : Use Not Allowed; (#) Limitation Applies, See Footnote
Land Use D OMR MLR See Specific Use Regulations:

Residential Use Classifications
Single Family Dwelling - - -
Multi-family Residential P(1) P(1) P
See 17.52.210 (Multi-Family
Residential Projects)
See 17.52.110 (Condominium
Conversions)
Assisted Living Facility - P(1) P
See 17.52.260 (Residential Care
and Assisted Living Facilities)
Convalescent Home - U(1) -
Emergency Housing/Shelter - P(1) -
Family Day Care Home, Small and Large P(1) P(1) P
See 17.52.100 (Child Daycare
Facilities)
Live/Work Unit P(1) P(1) P(1)
See 17.52.110 (Condominium
Conversions)
See 17.52.150 (Live Work Units)
Residential Care Facility See subclassifications below
General - A(1) A
See 17.52.260 (Residential Care
and Assisted Living Facilities)
Limited P(1) P(1) P
Second Dwelling Unit P P P
See 17.52.270 (Second Dwelling
Units)
Single Room Occupancy - U(1) U
Supportive Housing See 17.52.290 (Transitional and Supportive Housing) Transitional Housing See 17.52.290 (Transitional and Supportive Housing) Specific Limitations:

1. Limited to no more than 75% of the ground floor area when located along Primary and Secondary Active frontages. A minimum of 25% of the ground floor area shall be occupied by uses permitted by right or by administrative permit (i.e. active uses) and shall occupy the building or structure’s frontage for a minimum depth of 20 feet (Administrative Permit required for depths less than 20 feet).

2. Limited to establishments with a gross floor area of 5,000 square feet or less when located on the ground floor along Designated Active Frontages. Administrative Permit required if greater than 5,000 square feet.

3. Limited to establishments with a gross floor area of 1,200 square feet or less when located on the ground floor along Designated Active Frontages.

4. Permitted if existing, no new fueling stations allowed.

5. Use shall be completely enclosed in a building of soundproof construction.

6. At least 50 percent of the ground floor Designated Active Frontages shall be occupied by retail or food service uses.

7. Limited to walk-in clientele when located on the ground floor along Designated Active Frontages.

8. Shall be located behind buildings or in structures where other uses are located in the portion of the structure along Designated Active Frontages.

9. Limited to establishments with a gross floor area of 5,000 square feet or less.

10. Allowed only as accessory to a hotel or motel or other lodging use. Administrative Permit required if primary use in OMR and MLR districts.

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EXHIBIT “B”
Resolution No. PEDC 2023-02
Case No. ZCA 23-001
Amendments to the Zoning Code
(Additions are shown in Blue Underline Text and deletions are shown in Red Strikeout Text) Chapter 17.40 Water Efficient Landscape Regulations

17.40.010 Purpose

17.40.020 Applicability

17.40.030 Landscape and Irrigation Plans

17.40.040 General Requirements

17.40.050 Water Efficient Design and Compliance Options

17.40.060 Installation and Completion

17.40.070 Maintenance

17.40.080 Reporting
Purpose
The specific purposes of the water efficient landscape regulations are to:

A. Implement the Water Conservation in Landscaping Act and the 2015 California Model Water Efficient Landscape Ordinance (CA MWELO);
B. Reduce water waste in landscaping by promoting the use of alpine region-appropriate plants that require minimal supplemental irrigation, and by establishing standards for irrigation efficiency; C. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitation projects; D. Integrate “defensible space” into all new and rehabilitated landscape projects to reduce potential wildfire impacts on private property;
D.E. Promote rainwater capture and graywater use; and
E.F. Promote the effective and efficient irrigation of landscapes.

Applicability
A. The standards of this section apply to all of the following projects:

1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet.

2. Rehabilitation landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet.

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3. Existing landscapes that were installed before December 1, 2015 and are over one acre in size shall be subject to the provisions for existing landscapes provided for in Section

17.40.040.H.

B. Any landscape project with an aggregate landscape area of 500 – 2,500 square feet may comply with the performance requirements of this section or conform to the prescriptive measures contained in the Water Efficient Landscape Checklist.

C. For projects using treated or untreated graywater or rainwater captured on-site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through rainwater captured on-site is subject only to the irrigation system requirements of the Water Efficient Landscape Checklist.

D. The following are exempt from the standards of this section when an applicant submits a WELO Exemption Form attesting to one of the following:

1. New construction with an aggregate landscape area less than 500 square feet.

2. Rrehabilitated landscape projects with an aggregate landscape area of less than 2,500 square feet.

23. Registered local, state, or federal historic sites.

34. Temporary irrigation systems utilized for three full growing seasons or less for purposes of ecological restoration, erosion/sedimentation control, and mine reclamation projects.

45. Community gardens or plant collections, as part of botanical gardens and arboretums open to the public.

46. Commercial cultivation of agricultural products, including but not limited to products of farms, orchards, production nurseries and forests.

Landscape and Irrigation Plans
A Landscape Documentation Package that complies with the requirements described in Section 17.40.040 shall be submitted with the permit application for all applicable projects, except for projects that are exempt pursuant to Section 17.40.020.D. When landscaping is proposed or required as part of a discretionary permit (i.e., use permit, tentative map, etc.), the application shall include a statement on the plans or a condition of approval shall be included that indicates compliance with the Town’s Water Efficient landscape Regulations shall be demonstrated at the building permit phase. For discretionary permits that will not entail subsequent building or grading permits, a fully compliant Landscape Documentation Package may be required as part of the discretionary permit process. The contents of the Landscape Documentation Package shall be drawn to scale and shall demonstrate landscape water efficiency pursuant to Section 17.40.050, Water Efficient Design and Compliance Options.

General Requirements
A. Defensible Space

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1. All Landscape projects shall include a noncombustible area at least five-feet-wide that surrounds the base of structures. This noncombustible area may incorporate noncombustible materials such as crushed rock, steppingstones, gravel, stone pavers, bare earth, irrigated herbaceous plants, or a combination of these materials. This area shall be depicted and called out on all landscape plans. This noncombustible area shall be kept free of wood mulches.

2. Utilize boulders, stone, gravel, or other noncombustible materials within the landscape to create intermittent bare spaces (fire breaks). Noncombustible landscape features and materials shall be identified on all Landscape Plans.

3. Retained conifer trees located within 30-feet of a habitable structure shall be pruned to the highest roof deck height, or a maximum of 1/3 of the total tree crown height. Existing trees shall be pruned up and away from structures to provide at least 10-feet of separation from roofs and chimneys.

4. At least 10-feet of horizontal distance between individual tree crowns shall be maintained for retained conifer trees within 30 feet horizontal distance of a habitable structure.

5. Landscape materials that are listed on the Town’s prohibited planting list shall not be approved in new or rehabilitated landscape projects.

6. New plantings located within 30-feet of a structure shall not include plants listed on the Town’s high fire hazard plant list.

7. Plants on the recommended plant list should be used for required and desired landscape and screening; plants that are not on the list shall be submitted for review.

B. Plant Materials

1. Plants shall be selected appropriately based upon their adaptability to the climatic, geologic and topographical conditions of Mammoth Lakes. Native species and natural areas are to be protected and preserved to the extent possible. Generally, turf is discouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this chapter. Recommendations for plant materials that could meet the requirements of this section are included in the Mammoth Lakes Recommended Plant List found in the Making the Most of Every Drop users guide and methods to achieve water efficiency shall include one or more of the following:
a. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental influence on local climate;
b. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines) and allow for adequate soil volume for healthy root growth; and
c. Consider the solar orientation for plant placement to maximize winter solar gain.

2. Plants having similar water use should be grouped together by hydrozone (i.e. high, medium, low). Though not encouraged, plants of low and moderate water use may be planted in the same hydrozone, and plants of moderate and high water use may be planted

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in the same hydrozone. Plants of low and high water use may not be planted in the same hydrozone. The Estimated Total Water Usage (Section 17.40.040. F) for these mixed areas shall assume a plant factor based on the proportions of the represented plant species or apply the plant factor of the least water efficient plant species (Refer to Making the Most of Every Drop user guide).

3. Plant materials and mulches will be in compliance with local Fire Codes. Fire prevention measures shall be addressed in areas that are fire prone as identified by The Mammoth Fire Severity Zone Map.

4. Turf shall not be planted on slopes greater than 25 percent.

5. No portions of turf areas shall be less than ten feet (10’) wide to prevent overspray.

6. Noxious weeds as identified by the USDA and invasive plant species as identified in by the California Invasive Plant Inventory are prohibited.

7. The landscape area shall be the sum of all the landscaped areas on the site per the definition in Section 17.148.020.

8. The landscape area shall use efficient water conservation practices and shall generally separate areas of similar slope, sun exposure, soil, and other site conditions appropriate for the selected plants. Refer to the Making the Most of Every Drop user guide.

9. High water use plants (including turf), characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

10. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water plants as a group.

C. Soil Preparation and Mulch

1. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

2. For landscape installations, compost at a rate of minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil.

Soils with greater than 6% organic matter in the top 6 inches of soil are exempts from adding compost and tilling.

3. A minimum three-inch (3”) layer of mulch shall be applied on all exposed soil surfaces of non-turf planting areas, except for creeping or rooting groundcovers, direct seeding, and other applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. Stabilizing mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

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4. Organic mulch materials made from recycled or post-consumer materials shall be used instead of inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fire Codes.

5. When a Soil Management Report is required pursuant to the application requirements, the soil analysis recommendations shall be implemented and soil amendments shall be incorporated according to the report and what is appropriate for the plants selected.

D. Irrigation Specifications
This section applies to landscape areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period.

1. The irrigation system and its related components shall be planned and designed to allow for proper installation, operation, management, and maintenance. An irrigation system is expected to meet or exceed 75.0% efficiency for overhead spray devices and 81.0% efficiency for drip system devices, and be installed in compliance with the manufacturers’ recommendations.

2. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures.

3. Automatic irrigation controllers and sensors are required. Controllers may either be weather-based or soil moisture-based controllers utilizing non-volatile memory that automatically adjust irrigation in response to changes in plants' needs as weather conditions change. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, shall be required and shall function to suspend or alter irrigation operation during unfavorable weather conditions.

4. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates with soil type and soil infiltration rates in order to minimize runoff.

5. Low-volume irrigation shall be required in mulched areas to maximize water infiltration into the root zone. Narrow or irregular shaped areas that are less than ten feet (10’) in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. In areas with slopes greater than 25 percent, the area shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour unless the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

6. Pressure regulation is a key component in efficient irrigation system operation. Static pressure throughout the Town of Mammoth varies greatly due to many factors (e.g., topography, time of year, time of day, location of project in relationship to water source, etc.). Pressure regulation shall be required on all projects and set to 60 pounds per square inch unless the landscape plan demonstrates a need for higher pressure. The system shall

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be designed to ensure that the dynamic pressure at irrigation feature is within the manufacturer’s recommended pressure range for optimal performance.

7. Overhead irrigation is prohibited within 24 inches of any non-permeable surface. If planted, only low-volume irrigation shall be allowed within the 24-inch setback.

8. Recirculating water shall be used for decorative water features. Surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation.

9. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.

10. Irrigation systems for non-residential landscapes and residential landscapes of 5,000 square feet or larger shall include flow sensors that detect high flow conditions created by system damage or malfunction.

11. Master shut-off valves are required on all landscape projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

12. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair.

13. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

14. The design of the irrigation system shall conform to the hydrozones of the landscape design plan and each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

15. Sprinkler heads shall have matched precipitation rates within each control circuit valve and shall be selected for proper coverage and precipitation rate. Head to head coverage is recommended and sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacture’s recommendations.

16. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or located in high traffic areas.

17. Where feasible, trees shall be placed on separate valves form shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

18. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers/International Code Council’s ( ASABE /ICC) 802 -2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must

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document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in the ASABE/ICC 802-2014.

E. Mammoth Community Water District (MCWD) Served Connections

1. Separate landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 square feet, but not more than 5,000 square feet (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 square feet or greater, or as required by MCWD Code if the MCWD Code has more stringent standards. A landscape water meter may be either a customer service meter dedicated to landscape use provided by the MCWD or a privately owned meter or submeter.

2. When a landscape has a separate water meter the irrigation system and decorative water features shall be designed to allow for the current and future use of recycled water and shall use recycled water. Compliance or exemption shall be documented via a written letter from the MCWD, that details compliance or states that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

3. Program settings for irrigation controllers shall comply with MCWD watering regulations.

4. All irrigation shall be subject to regulations and restrictions put forth by the MCWD.

F. Maintenance. A regular maintenance schedule shall be submitted as part of the Landscape Documentation Package. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include, but not be limited to: testing, adjusting and repairing backflow prevention devices, pressure regulating devices and irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning and weeding in all landscaped areas. Refer to Section 17.40.070.

G. Water Budget Worksheet. When a Landscape Documentation Package is required, the project applicant shall complete the Water Budget Worksheet contained within the Landscape Documentation Package application which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special Landscape Areas (SLAs). The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance (MAWA) is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

1. In calculating the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU), a project applicant shall use the Evapotranspiration (ETo) value for Mammoth Lakes, which is thirty-three inches.

2. Water budget calculations shall adhere to the following requirements:

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a. The plant factor (PF) value may be found in the Making the Most of Every Drop users guide, or for more specific information the WUCOLS publication, or may be more precisely determined by a landscape professional, with consideration of sitespecific soil and microclimate conditions. The PF ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. b. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. c. All Special Landscape Areas (SLAs) shall be identified and their water use calculated. ETAF for new and existing (non-rehabilitated) SLAs shall not exceed

1.0. H. Graywater Systems. Graywater systems are encouraged for on-site landscape irrigation. All gray water systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any requirements of the town and/or MCWD.

I. Existing Landscapes Over One Acre in Size. For existing landscapes over one acre in size that have a landscape water meter, the town and/or MCWD shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applies Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62). For existing landscapes over one acre in size that do not have a landscape water meter, the town and/or MCWD shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

J. Other Information. Other information determined necessary by the Director.

END of Section 17.40.030 – Landscape and Irrigation Plans

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Town of Mammoth Lakes
Planning & Economic Development Commission
Staff Report
Meeting Date: February 14, 2023
SUMMARY:

Proposal: The proposed update includes the following amendments to the Zoning Code:
• Section 17.52.055 (Accessory Dwelling Units) to revise height limits and reduce front setback requirements for accessory dwelling units (ADUs). This amendment will achieve compliance with State Legislative requirements imposed by Senate Bill 897 and Assembly Bill 2221.
• Section 17.52.100 (Child Day Care Facilities) to achieve compliance with the State legislative requirements imposed by Senate Bill SB 234 and clarify the standards applicable to the different categories of Child Care Facilities. • Chapter 17.40 (Water Efficient Landscape Regulations), to incorporate wildfire mitigation landscape standards applicable to new and rehabilitated landscape projects in accordance with General Plan Health and Safety Element Action Items S.5.A.2, S.5.A.3, and S.6.F.2.

Project Name: Zoning Code Amendment ZCA 23-001
Location: Town-Wide
Zoning: All Zones
Applicant: Town of Mammoth Lakes
AGENDA TITLE: Zoning Code Amendment 23-001 to update Municipal Code Section 17.52.055, Accessory Dwelling Units, Section 17.52.100 Child Day Care Facilities, and Municipal Code Chapter 17.40, Water Efficient Landscape Regulations. The proposed Zoning Code Amendment includes finding the project is exempt from additional environmental analysis pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

REQUESTING DEPARTMENT:

Community & Economic Development Department
Report Prepared By: Kim Cooke, Senior Planner
Report Approved By: Sandra Moberly, Community and Economic Development Director OBJECTIVE:

1. Receive Staff presentation

2. Planning & Economic Development Commission (PEDC) discussion

3. PEDC action options:
a. Adopt the attached Planning and Economic Development Commission Resolution, making the required CEQA and Municipal Code findings, and recommend to the Town Council approval of Zoning Code Amendment 23-001 as recommended by staff;
b. Adopt the Resolution with modifications; or
c. Deny the Resolution

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Environmental Review: Pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183(c), no additional environmental analysis is required for the proposed zoning code amendment.

KEY ISSUES:

1. Can the findings be made for approval of a Zoning Code Amendment pursuant to Municipal Code (MC) Chapter

17.112?

2. Is the proposed project consistent with the California Environmental Quality Act (CEQA)? Over the past few years, the California Legislature has enacted a series of bills aimed at easing a State-wide housing shortage as well as a shortage of regulated childcare options. To comply with new State requirements applicable to accessory dwelling units (ADUs) and child daycare facilities, local ordinances must be updated as needed to maintain consistency with State Law.

The proposed Zoning Code Amendment achieves consistency with recent changes to State law applicable to ADUs and State licensed family child care homes. This zoning code amendment process also provides an opportunity for the Town to implement three action items of the General Plan Public Health and Safety Element, which calls for an update to the Town’s landscape regulations to incorporate defensible space standards applicable to new and rehabilitated landscape projects.

The Zoning Code is an evolving document that may be updated as necessary, following the amendment procedures outlined in Section 17.112 of the Municipal Code. The Zoning Code Amendment described in this staff report is not a comprehensive update, so the proposed text amendments are updates that clarify existing regulations and include the addition of defensible space standards for landscape projects.

Project Proposal:

The key components of the proposed Zoning Code amendment are described below along with a brief explanation of the rationale. For the complete text of the Zoning Code Amendments (additions shown in blue underlined text and deletions shown in red strikeout text), see Attachment 1 – Exhibits “A, B, and C” respectively.

M.C. Section 17.52.055 - Accessory Dwelling Units
The proposed revisions to the Zoning Code will achieve compliance with state legislative requirements imposed by SB 897 and AB 2221. These recent legislative requirements enact development standards that all local jurisdictions must utilize when evaluating applications for accessory dwelling units (ADUs).

The amendment will increase the allowed height of detached and attached ADUs that are located within a side or rear setback area, up to four (4) feet from the property line. The permitted height for detached ADUs will increase from 16 to 18 feet with an allowance for an additional two feet to accommodate a roof pitch that aligns with the primary dwelling unit. The permitted height of detached ADUs on a lot with an existing or proposed multi-family dwelling will also increase from 16 to 18 feet. The permitted height of an ADU attached to a primary dwelling will increase from 16 feet to 25 feet. Additionally, front setback requirements cannot preclude the construction of an 800 square foot ADU that meets height limits and complies with four-foot side and rear setbacks.

Rationale: This amendment is limited to incorporating the mandated ADU standards described above, which will bring the Accessory Dwelling Unit standards into compliance with State law.

I. Introduction and Background

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M.C. Section 17.52.100 - Child Day Care Facilities
Senate Bill 234 enacted the Keeping Kids Close to Home Act, which prohibits cities and counties from requiring any small or large family day care home licensed by the Department of Social Services, from having to obtain a land use/zoning permit and/or business license for their operation. Health and Safety Code section 1597.45, states that Large Family Child Care Homes (caring for up to 14 children) shall be treated the same as Small Family Child Care Homes (caring for up to 8 children) under all local laws. The law states that cities and counties must consider the operation of a Large Family Child Care Home to be the same as a residential use of property as is the case with Small Family Child Care Homes.

Rationale: Section 17.52.100.A.1, is amended to provide clarification of the applicable State licensing division and briefly describes the role of that agency has in oversight of all licensed child care facilities.

Standards of section 17.52.100.B specific to large family day care homes has been deleted because large family day care homes are required to be treated the same as small family day care homes. The new section 17.52.100.B. combines land use standards for small and large family day care homes, and clarifies that a single dwelling includes single-family homes, apartments, condos, townhouses, duplexes, and other multi-family buildings.

Currently, Section 17.52.100.C - Standards for Child Day Care Centers, incorporates the land use standards appliable large family day care homes by reference. Since the standards specific to large family day care homes are proposed to be deleted, the standards applicable to Child Care Centers will be modified to add the relevant land use standards that were previously required of large family day care centers. These standards include the fire protection and outdoor activity areas and snowshed standards.

Allowable land use Table 17.24.020 – Allowed uses and permit requirements for commercial zoning districts has been updated to add large family day care homes to the small family day care homes land use category. Large family daycare homes were previously excluded. A reference to the applicable Code Section for the specific use regulations has been added for reference, as this was inadvertently omitted in the allowable land use table. The updated table also strikes the footnote which limits specific uses on the ground floor on primary or secondary active frontages. This footnote would not apply to the establishment of a small or large family day care home in an existing residence and should be deleted for clarity.

M.C. Chapter 17.40 - Water Efficient Landscape Regulations The purpose of the proposed amendment to Chapter 17.40 is to integrate risk-reduction strategies into the design and implementation of new and rehabilitated landscape projects on private property. In 2019, the Town updated its Public Health and Safety Element of the General Plan, to adopt climate adaptation strategies and action items that are aimed at implementing actionable strategies that can reduce the Town’s vulnerability to specific climate related hazards, including wildfire.

The Three specific General Plan Action Items that are addressed by the proposed Zoning Code Amendment are referenced below:
• S.5.A.2. Action: Prepare wildfire mitigation landscape standards to address wildfire hazard within the Structure Ignition Zone.
• S.5.A.3. Action: Review the Zoning Code to ensure compatibility with wildfire mitigation landscape standards and modify if necessary.
• S.6.F.2. Action: Update building and landscaping requirements and protocols that integrate Cal Fire and MLFPD regulations and procedures.

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Rationale: There is no current requirement to address wildfire hazard mitigation as part of the Town’s landscape or screening requirements. The proposed zoning code amendment proposes standards for defensible space and fuels reduction that would be implemented for new and rehabilitated landscape projects. The proposed landscape standards are primarily taken from the final recommendations report that was prepared for the Town by the Community Planning Assistance for Wildfire (CPAW) team.

KEY ISSUE #1: Can the findings be made for approval of a Zoning Code Amendment pursuant to Municipal Code Chapter 17.112?
Pursuant to MC Chapter 17.112, amendments to the Zoning Code may be approved only after all of the findings required by MC Section 17.112.060 are made. Below is staff’s analysis of the proposed amendment’s consistency with each required finding.

A. Mandatory findings required for all amendments:

1. The proposed amendment is internally consistent with all other provisions of the General Plan and any applicable specific plan or master plan;
The proposed zoning code amendment maintains consistency with the General Plan because the scope of the proposed amendments are intended to update existing standards applicable to accessory dwelling units and child day care facilities, to reflect changes in State Law. The proposed amendments to these sections of the zoning code also include the addition of clarifications where appropriate.

The proposed amendments to Chapter 17.40 - Water Efficient Landscape Regulations, implement three action items of the General Plan Public Health and Safety Element, which results in improved consistency between the Zoning Code and the General Plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the town; and
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town because the proposed amendment does not substantively alter the policies and intent of the General Plan or the Zoning Code and will provide increased transparency, for the public in understanding the standards that apply to accessory dwelling units, child day care facilities, as well as new and rehabilitated landscape projects.

The proposed amendments implement improvements to the public health and safety by providing greater flexibility in establishing or expanding State licensed child day care homes, and by adopting more flexible standards the promote the development of accessory dwelling units. The amendments to the water efficient landscape regulations also result in better implementation of wildfire riskreduction strategies applicable to new and rehabilitated landscape areas on private property.

3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

The Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 mandate that projects consistent with the development densities established by existing zoning, community plan or General Plan policies for which an environmental impact report was certified shall not require additional environmental review except as might be necessary to examine whether there are significant environmental impacts peculiar to the project or otherwise not previously analyzed.

II. Analysis of Key Issues

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Based on this staff report, including its attachments, the General Plan, the Zoning Code, and all other evidence contained in the administrative record for this project, the PEDC Resolution (Attachment 1) finds that the amendments to the Zoning Code are: (1) consistent with the development densities established by the General Plan; (2) do not have the potential to result in impacts peculiar to the project; (3) there are no other potential impacts of this amendment to the Zoning Code that was not addressed in the General Plan EIR; (4) there are no potentially significant off-site or cumulative impacts posed by this amendment to the Zoning Code that were not addressed in the General Plan EIR; and (5) substantial new information has not come to light that shows that impacts previously addressed will be more significant that described in the General Plan EIR.

Therefore, under Public Resources Code section 21083.3 and State CEQA Guidelines section 15183(c), no additional EIR or other environmental analysis is required.

B. Additional finding for Zoning Code amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

The proposed zoning code amendment is intended to incorporate State mandated changes to specific development standards that may be applied to accessory dwelling units, as well as State mandated changes to land use standards that may be applied to child day care facilities. The scope of the text amendments results in clarification of existing standards, corrects minor errors and omissions, and increases flexibility within Sections 17.52.055, “Accessory Dwelling Units,” and 17.52.100, “Child Care Facilities.” The changes to these sections do not result in a conflict with any other provision of the Zoning Code.

The proposed amendment to the water efficient landscape regulations more clearly defines application and review requirements, and applicable landscape design standards which includes defensible space requirements within Chapter 17.40, “Water Efficient Landscape Regulations” in accordance with existing goals, policies and actions included in the Public Health and Safety Element of the General Plan. This proposed amendment improves the Town’s ability to ensure that wildfire risk reduction strategies are incorporated into new and rehabilitated landscape projects on private property, which works in tandem with other applicable provisions of the Zoning Code.

KEY ISSUES #2: Is the proposed project consistent with the California Environmental Quality Act (CEQA)? The Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 mandate that projects consistent with the development densities established by existing zoning, community plan or General Plan policies for which an environmental impact report was certified shall not require additional environmental review except as might be necessary to examine whether there are significant environmental impacts peculiar to the project or otherwise not previously analyzed.

Based on this staff report, including its attachments, the General Plan, the Zoning Code, and all other evidence contained in the administrative record for this proposed Zoning Code Amendment, the PEDC Resolution (Attachment 1) finds that the amendments to the Zoning Code are: (1) consistent with the development densities established by the General Plan; (2) does not have the potential to result in impacts peculiar to the project; (3) there are no other potential impacts of this amendment to the Zoning Code that were not addressed in the General Plan EIR; (4) there are no potentially significant off-site or cumulative impacts posed by this amendment to the Zoning Code that were not addressed in the General Plan EIR; and (5) substantial new information has not come to light that shows that impacts previously addressed will be more significant than described in the General Plan EIR.

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