“Other Units” means all Condominiums not classified as Residential Units or Commercial Units as shown on a condominium plan recorded in the Office of the County Recorder. “Other Commercial Property” means all Taxable Property exclusive of Condominiums, Hotel Property, Apartment Property, and the Gondola Parcel for which a building permit has been issued as of the January 1 preceding the Fiscal Year for which the Special Tax is being levied but not prior to January 1, 2001.
“Public Property” means property within the boundaries of the CFD No. 2001-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way has been granted to the federal government, the State of California, the County, the Town, or any local government or other public agency, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Residential Units” mean all Condominiums designed for use for residential purposes as shown on a condominium plan recorded in the Office of the County Recorder and all Time Share Units. “Residual Parcel” means Assessor’s Parcel 33-041-05. However, if the aforementioned Assessor’s Parcel is renumbered, consolidated, and/or then subdivided, the Residual Parcel shall be the subsequent Assessor’s Parcel containing more Acreage attributable to 33-041-05 than any other subsequent Assessor’s Parcel, or if a condominium plan is recorded on Assessor’s Parcel 33-041-05, the Residual Parcel shall be the Commercial Unit with the greatest amount of Square Feet. “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement.
“Square Feet” means for Commercial Units, the square footage as indicated on the recorded condominium plan and for Other Commercial Property, means the total of the gross area of the floor surfaces within the exterior wall of the building, not including space devoted to stairwells, basement storage, required corridors, public restrooms, elevator shafts, light courts, vehicle parking and areas incident thereto, mechanical equipment incidental to the operation of such building, and covered public pedestrian circulation areas, including atriums, lobbies, plazas, patios, decks, arcades and similar areas, except such public circulation areas or portions thereof that are used solely for commercial purposes.
The determination of Square Feet shall be made by reference to appropriate records kept by the Community Development Department.
“Special Tax Requirement” means (A) that amount with respect to the CFD No. 2001-1 determined by the Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) regularly scheduled debt service for the calendar year which commences in such Fiscal Year on any outstanding Bonds, (3) any amount required to replenish any reserve fund established in connection with Bonds, (4) for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year, (5) the costs of remarketing, credit enhancement and liquidity facility fees (including such fees for instruments that serve as the basis of a reserve fund in lieu of cash related to any such indebtedness), (6) directly for acquisition or construction of facilities eligible to be financed by the CFD No. 2000-1 under the Act; and less (B) available funds as directed under the Indenture.
“Taxable Property” means all property located within the boundaries of the CFD No. 2001-1 which is not exempt from the Special Tax pursuant to Section E below. “Time Share Unit” means all Condominiums (i) designated for time share use as shown on a condominium plan recorded in the Office of the County Recorder or (ii) where a Condominium owner receives the right to the recurrent or exclusive use or occupancy of a Condominium annually or on some
other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the Condominiums have been divided.
“Town” means the Town of Mammoth Lakes.
“Undeveloped Property” means all Taxable Property not classified as Developed Property or the Gondola Parcel.
RESOLUTION NO. 25-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,
STATE OF CALIFORNIA, APPROVING THE ANNUAL REPORT FOR PROCEEDINGS
FOR THE LEVY OF ASSESSMENTS WITHIN THE SPECIAL MAINTENANCE DISTRICT NORTH VILLAGE AREA BENEFIT ASSESSMENT DISTRICT NO. 2002-2, ZONE 1 FOR FISCAL YEAR 2025/26
The Town Council of the Town of Mammoth Lakes (the “Town”) does resolve as follows:
WHEREAS, the Town Council of the Town of Mammoth Lakes (the “Town Council”), California, pursuant to the terms of the Benefit Assessment Act of 1982, Title 5 Division 2, of the California Government Code (commencing with Section 54703), Article XIII D of the Constitution of the State and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (collectively, hereafter referred to as the “Assessment Law”) did, by previous resolution, establish the Benefit Assessment District designated as: North Village Area Benefit Assessment District No. 2002-2, Zone 1 (hereinafter referred to as the “Maintenance District”); and
WHEREAS, the Town has retained NBS for the purpose of assisting with the annual levy of the Maintenance District, and the preparation and filing of an annual report for the levy of assessments for the fiscal year commencing July 1, 2025 and ending June 30, 2026 within such Maintenance District; and
WHEREAS, there has now been presented to this Town Council the Fiscal Year 2025/26 Annual Report (the “Report”) as required by the Assessment Law; and WHEREAS, this Town Council has now carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in the Report; and WHEREAS, the Town Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with the Assessment Law. All objections to the assessment, if any, will be considered by the Town Council. The Public Hearing will be held on Wednesday April 16, 2025 at 4:00 pm or as soon thereafter as is feasible in the Town Council Chambers, Suite Z located at 437 Old Mammoth Road, Mammoth Lakes, CA 93546. The Town Council further orders the Town Clerk to publish notice of this resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. The above recitals are all true and correct.
Resolution No. 25-
2. The Report as presented consists of the following:
(a) Plans and specifications describing the general nature, location and extent of the improvements to be maintained and of the maintenance work. (b) An estimate of the cost of maintenance of the improvements for the Maintenance District for Fiscal Year 2025/26.
(c) A diagram of the Maintenance District, showing the area and properties proposed to be assessed.
(d) An annual assessment for Fiscal Year 2025/26 of the estimated costs of the maintenance of those improvements to be maintained during such fiscal year, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received; together with a formula pursuant to which such annual assessment may be adjusted annually for inflation pursuant to the Assessment Law without the necessity for additional assessment ballot procedures.
(e) The Town Contribution for General Benefit funds will be applied to offset the cost of improvements for Fiscal Year 2025/26, resulting in $155,852 levy to the parcels in the Maintenance District.
3. The Report, as presented, is hereby approved, and is ordered to be filed in the Office of the Town Clerk of the Town Council as a permanent record and to remain open to public inspection.
4. The Town Clerk of the Town Council shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED, AND ADOPTED this 19
th day of March, 2025.
CHRIS BUBSER, Mayor
ATTEST:
JAMIE GRAY, Town Clerk
1 TOWN COUNCIL STAFF REPORT
Title: Adopt Resolution of Intention to Levy and Collect Annual Assessments within Assessment District 2014-1 (Mammoth View) for the Fiscal Year 2025/26, approving the Annual Report, and setting the time and place for the public hearing on April 16, 2025
Meeting Date: March 19, 2025
Prepared by: Pam Smitheman, Assistant Engineer
RECOMMENDATION:
Staff recommends that Town Council adopt the Resolution of Intention to levy and collect annual assessments within Assessment District 2014-1 (Mammoth View) for the Fiscal Year 2025/26, approving the Annual Report, and setting the time and place for the public hearing on April 16, 2025.
BACKGROUND:
Each year at this time, the assessments against properties within Assessment District 2014- 1 (Mammoth View) must be reevaluated to determine whether the annual funding is sufficient for the anticipated costs of public services needed in the upcoming fiscal year.
The Improvement Act of 1911, under which the district was formed, requires a Resolution determining the amount be filed each year to determine and levy an annual assessment.
This staff report recommends the adoption of a resolution approving the annual report in accordance with the Benefit Assessment Act of 1982 and the Improvement Act of 1911.
ANALYSIS:
In Fiscal Year 2024/25 there were no maintenance projects done along Viewpoint Road.
The Town has considered administration costs, a long-term pavement management program, snow removal, and other maintenance for Viewpoint Road and has determined that due to current fund balances and long-term needs, it is recommended that a levy of $6,000.00 be assessed in Fiscal Year 2025/26. The maximum allowable assessment for 2025/26 is $39,361.78 and the assessment being recommended is $6,000.00 since the existing fund balance has sufficient maintenance funds and only needs additional funds for administrative costs. A public hearing is required under the code sections for which the assessment is governed.
FINANCIAL CONSIDERATIONS:
The Engineer's Report as prepared by NBS includes details for all Financial Considerations. In summary, the total district assessment is $6,000.00 for the 2025/26 fiscal year.
nbsgov.com
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Fiscal Year 2025/26 Engineer’s Report For:
Benefit Assessment District No. 2014-1
(Mammoth View)
February 2025
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View)
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY .................................................................................................... 1
2. PLANS AND SPECIFICATIONS ........................................................................................... 2
2.1 Description of the Boundaries of the District ......................................................... 2
2.2 Description of District Maintenance Activities ....................................................... 2
3. ESTIMATED COSTS .......................................................................................................... 3
3.1 District Budget ......................................................................................................... 3
3.2 Definitions of Budget Items ..................................................................................... 4
4. SPECIAL AND GENERAL BENEFIT ...................................................................................... 5
4.1 Identification of Benefit .......................................................................................... 5
4.2 Separation of General Benefit ................................................................................. 6
4.3 Quantification of General Benefit ........................................................................... 7
4.4 Apportioning of Special Benefit ............................................................................ 10
5. METHOD OF ASSESSMENT ............................................................................................ 15
5.1 Method of Assessment Spread ............................................................................. 15
5.2 Cost of Living Inflator ............................................................................................ 15
5.3 Assessment Budget ............................................................................................... 16
6. APPENDICES ................................................................................................................. 17
6.1 Appendix A – Assessment Diagram ....................................................................... 18
6.2 Appendix B – Assessment Roll .............................................................................. 19
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 1
1. EXECUTIVE SUMMARY
WHEREAS, the Town Council of the Town of Mammoth Lakes (the “Town”) previously established the Benefit Assessment District No. 2014-1 (Mammoth View) (the “District”) in 2014 pursuant to the Benefit Assessment Act of 1982; and
WHEREAS, the Town desires to provide for the levy and collection of District assessments for the Fiscal Year 2025/26; and
WHEREAS, the Town has directed NBS to prepare and file an annual report describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements, a diagram showing the area and properties to be assessed, and an estimate of the costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received.
NOW THEREFORE, the following assessment, levied in accordance with the assessment methodology adopted and approved by the Town Council at the time of District formation, is made to cover the portion of the estimated costs of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received:
SUMMARY OF ASSESSMENT
Description Amount
Total District Budget $6,000.00
Less: Town General Benefit Contribution 0.00
Less: Additional Contribution 0.00
Plus: Contribution from District Funds 0.00
Balance to Assessment $6,000.00
Total Special Benefit Points 326.41
Fiscal Year 2025/26 Maximum Assessment Rate Per Special Benefit Point $120.59
Fiscal Year 2025/26 Actual Assessment Rate Per Special Benefit Point $18.38
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 2
2. PLANS AND SPECIFICATIONS
The District will provide for the ongoing maintenance, servicing, and administration of road, emergency access area, and sidewalk improvements all located within the public right-of-way and dedicated easements or the emergency access area within the boundaries of the District. The Mammoth View project developer and the Town funded and constructed the District improvements to be maintained.
2.1 Description of the Boundaries of the District
The District is located within the boundaries of the Town. The District is generally bounded by Main Street on the south, on the northeast by Alpine Circle, on the east by Mountain Boulevard, and on the west near Minaret Road. The District boundaries include the Mammoth View project and the Viewpoint condominiums, as well as the public improvements including Viewpoint Road, the emergency access area, and a portion of the Main Street sidewalks. The District will not provide maintenance and service activities to improvements located outside of the District boundaries.
Section 6 of this Engineer’s Report provides an assessment diagram that more fully provides a description of the parcels within the District’s boundaries.
2.2 Description of District Maintenance Activities
The improvements maintained by the District include Viewpoint Road, the Viewpoint condominium emergency access area located to the north of the Viewpoint condominiums, sidewalks fronting the District along Main Street, Mountain Boulevard, and Alpine Circle, and appurtenant facilities located throughout the District, which are of direct and special benefit to the parcels within the District. The District improvements are located within the street public rights-of-way and dedicated public easements or the emergency access area which are all within the boundaries of the District.
The District maintenance activities may include but are not limited to, all of the following: maintenance of Viewpoint Road and the emergency access area, including the emergency access area traffic control management device (e.g. gate), snow management, including the melting, removal, and hauling, summer sidewalk sweeping, hardscape and landscape maintenance, street lights, monument and directional sign maintenance, banner maintenance, and the upkeep, repair, removal or replacement of all or any part of any improvement. The District services include all necessary service, operations and administration required to keep the District improvements in an operational and satisfactory condition. Services provided include all necessary service, operations and administration required to keep the improvements in an operational and satisfactory condition. The District maintenance and services shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 3
3. ESTIMATED COSTS
3.1 District Budget
The estimated costs of maintaining, servicing, and administering of the District improvements as described in Section 2 are outlined below. Each year, as part of the District assessment levy calculation process, the costs and expenses are reviewed, and the annual costs are projected for the following fiscal year.
The Fiscal Year 2025/26 estimated cost budget for maintaining, servicing, and administering the District improvements is shown in the following table:
Description
Proposed
Fiscal Year
2025/26 Costs
Annual Maintenance Costs
Snow Management $0.00
Summer Sidewalk Sweeping 0.00
Landscape Maintenance 0.00
Street Maintenance 0.00
Subtotal Annual Maintenance Costs $0.00
Major Maintenance Costs
Slurry Seal – Accrual $0.00
Asphalt – Accrual 0.00
Landscape Improvements 0.00
Subtotal Major Maintenance Costs $0.00
Administration Costs
Personnel/Overhead/Consultant $6,000.00
Subtotal Administration Costs $6,000.00
Total District Budget $6,000.00
Less: Town General Benefit Contribution $0.00
Less: Additional Contribution 0.00
District Property Owner Participation and Reserves $0.00 Less: Contribution from District Funds $0.00
Fiscal Year 2025/26 District Assessment $6,000.00
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 4
3.2 Definitions of Budget Items
The following definitions describe the services and costs included in the District budget:
3.2.1 MAINTENANCE COSTS
Snow Management: Includes the clearing and hauling of snow from the District improvements and sidewalks snowmelt expenses. The annual snow management budget is based upon a 200-inch snow year.
Summer Sidewalk Sweeping: Includes sweeping of the sidewalk improvements during the summer months.
Landscape Maintenance: Includes the required landscaping maintenance costs necessary for a contractor or Town staff member to maintain landscaped areas and irrigation; including aesthetic treatment and replacement of landscaping, as necessary.
Street Maintenance: Includes the required maintenance costs necessary for a contractor or Town staff to maintain the street improvements of Viewpoint Road and the emergency access area, including the power of streetlights, annual asphalt repair, striping of the road, maintenance of road signs, maintenance of retaining walls, maintenance of guard rails, curb, gutter, sidewalk, and sweeping, as necessary.
Slurry Seal - Accrual: Includes the accrual for costs to provide for periodic asphalt sealing of the street improvements within the District. The asphalt sealing has a finite life expectancy and will need to be completed approximately every six years in the future.
Asphalt - Accrual: Includes the cost to provide for periodic asphalt replacement of the street improvements within the District. The asphalt has a finite life expectancy and will need to be replaced approximately every 15 years in the future.
Fog seal – Accrual: Includes the accrual for costs to provide for periodic fog seal treatment of the asphalt of the street improvements within the District. The asphalt fog seal has a finite life expectancy and will need to be completed approximately every three years. Every six years the asphalt will be slurry sealed, rather than fog sealed.
3.2.2 ADMINISTRATION COSTS
Personnel/Overhead/Consultant: This item includes the cost to all particular departments and staff of the Town, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer’s report, resolutions and placing the assessment amounts onto the Mono County (the “County”) tax roll each year, along with responding to any public inquiries.
3.2.3 GENERAL BENEFIT
Town Contribution for General Benefit: The Town contributes 2.52% of the direct annual maintenance cost.
Additional Contribution: In addition to the general benefit contribution, the Town is providing additional contributions to the District when funds are provided from the Gas Tax Fund for services provided in the District.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 5
4. SPECIAL AND GENERAL BENEFIT
Pursuant to Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance of the improvements shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance of the improvements. The Benefit Assessment District Act of 1982, commencing with Section 54703 of the Government Code, permits the establishment of assessment districts by local agencies for the purpose of providing services which benefit individual properties for those services which confer special benefit upon the properties to which the services are being provided.
Section 54711(1) of the Benefit Assessment District Act of 1982 requires that assessments must be levied according to benefit, this Section states:
"The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service." Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Examples of parcels exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts, and public parkways.
Furthermore, Proposition 218 requires that the Town separate the general benefit from special benefit, so that only special benefit may be assessed to properties within the District.
4.1 Identification of Benefit
The ongoing maintenance, servicing and operation of the District improvements will provide benefits to both those properties within the District boundaries and to the community as a whole. The snow cleared and year-round maintained improvements will provide an increased level of access for residents, guests, and emergency vehicles, and will also provide a safety benefit to property and people throughout the District. The following benefits will be provided as a result of the District maintenance activities:
Viewpoint Road Access
The maintenance activities will provide for clear and safe vehicular access to and from those District properties accessed via Viewpoint Road.
An improved and maintained Viewpoint Road, which meets the Town’s standards for maintenance, allows for more efficient and improved access to property by emergency service providers in the event of a fire, medical emergency, or natural disaster. Viewpoint Road does not include sidewalks, therefore, a snow cleared and maintained road will provide safe pedestrian passage from properties accessed from Viewpoint Road to sidewalks located along Main Street.
The snow cleared and maintained Viewpoint Road will minimize the number of vehicular accidents and pedestrian trip and fall occurrences potentially occurring along Viewpoint Road.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 6 Emergency Access Area
The maintained emergency access area will improve the access and potentially the response times to properties served by this alternative access point by emergency service providers in the event of a fire, medical emergency, or natural disaster. Regular maintenance and repairs to the emergency access area will ensure that this access area does not reach a state of deterioration or disrepair so as to be materially detrimental to properties that are serviced by this emergency access point.
Pedestrian Safety
The maintained sidewalks will provide for clear and safe access to and from District properties, as well as provide for safe pedestrian passage through the District. The snow cleared and maintained sidewalk improvements will minimize the number of future trip and fall occurrences potentially occurring on sidewalks within the District. Well-maintained sidewalks provide a separation between vehicle and pedestrian as well as property and pedestrian, which provides a safety benefit for both property and pedestrian.
The U.S. Department of Transportation Federal Highway Administration (FHWA, n.d.) notes that annually, around 4,500 pedestrians are killed in traffic crashes with motor vehicles in the United States. Pedestrians killed while "walking along the roadway" account for almost 8 percent of those deaths. Providing safe walkways separated from the travel lanes could help to prevent up to 88 percent of these "walking along roadway” crashes (FHWA, n.d.).
As a result of the collective improvements being maintained, the overall livability of the District will increase. Livability encompasses several qualities and characteristics that are unique to a specific area. The Victoria Transport Policy Institute (2011) expands on the concept of livability and the various benefits associated with that designation:
“The livability of an area increases property desirability and business activity. Livability is largely affected by conditions in the public realm, places where people naturally interact with each other and their community, including streets, parks, transportation terminals and other public facilities. Livability also refers to the environmental and social quality of an area as perceived by employees, customers, and visitors. This includes local environmental conditions, the quality of social interactions, opportunities for recreation and entertainment, aesthetics, and existence of unique cultural and environmental resources.”
4.2 Separation of General Benefit
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.
General benefit is an overall and similar benefit to the public at large resulting from the maintenance activities to be provided by the assessments levied. The improvements to be maintained by the District will be constructed and located within the District boundaries only. There will be no District maintenance activities provided for improvements located outside of the District boundaries.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 7 The maintained improvements will provide benefits to the property within the District, but it is recognized that the ongoing District maintenance activities will also provide a level of benefit to those passing through the District to access property outside of the District. Traffic from property within and outside of the District as well as individuals passing through the District area will be able to utilize the maintained improvements to not only access property located within a close proximity to the District, but also property located outside of the District. Therefore, the general benefit created as a result of the District maintenance activities has been considered.
4.3 Quantification of General Benefit
In order for property within the District to be assessed only for that portion of special benefit received from the District maintenance activities, the general benefit provided by the ongoing maintenance of the improvements needs to be quantified. The amount of general benefit that is provided from the District maintenance activities cannot be funded via property owner assessments within the District.
4.3.1 VIEWPOINT ROAD ACCESS GENERAL BENEFIT
From a visual inspection of the layout of Viewpoint Road within the District one must conclude that the purpose of Viewpoint Road is exclusively intended for the benefit of accessing property. Viewpoint Road is not a through street and, therefore, does not provide a direct means of traveling from one place to another such that one would reasonably expect a driver to purposefully choose Viewpoint Road as the best route for travel through the Town unless that travelled route began or ended with a parcel accessed from Viewpoint Road. A route beginning or ending with a parcel accessed from Viewpoint Road does not include the “general public” for purposes of determining general benefit. Given the location of Viewpoint Road to Main Street, there are bound to be drivers that will make limited use of Viewpoint Road. Drivers may accidentally turn onto Viewpoint Road in search of a property that is not located off of Viewpoint Road or drivers may potentially use Viewpoint Road to turn off of Main Street with the intent of turning around or going back from where they came. This potential traffic traveling along Viewpoint Road would be considered to be of general benefit. As expressed by the Court in Beutz v. County of Riverside (2010), “... courts of this state have long recognized that virtually all public improvement projects provide general benefits." A conservative estimate of 1.00% is assigned as the general benefit portion of the benefits resulting from the maintenance activities related to Viewpoint Road. Therefore, the general benefit provided by the ongoing maintenance of Viewpoint Road is 1.00% and the special benefit provided by the ongoing maintenance is estimated to be 99.00%.
Viewpoint Road Access General Benefit 1.00%
4.3.2 EMERGENCY ACCESS AREA GENERAL BENEFIT
Based on the intended purpose of the emergency access area within the District one must conclude that the purpose of emergency access area is exclusively intended for the benefit of property accessed via this area. The emergency access area is not a normal route of travel and is intended to be used by emergency vehicles that need to access property in case of an emergency. However, there may be a minimal level of pedestrian traffic that utilizes the emergency access area to pass through the District for recreational purposes or to access property outside of the District. Again, as expressed by the Court in Beutz v. County of Riverside (2010), “... courts of this state have long recognized that virtually all public improvement
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 8 projects provide general benefits." A conservative estimate of 1.00% is assigned as the general benefit portion of the benefits resulting from the District maintenance of the emergency access area. Therefore, the general benefit provided by the ongoing maintenance of emergency access area is 1.00% and the special benefit is estimated to be 99.00%.
Emergency Access Area General Benefit 1.00%
4.3.3 PEDESTRIAN SAFETY GENERAL BENEFIT
As a result of the District maintenance activities, there will be a level of general benefit to pedestrians and others who do not reside within the District. There will be pedestrian traffic generated from property outside of the District that will utilize the maintained sidewalks in order to pass through the District and access property located outside of the District boundaries. In addition to accessing property located outside of the District, there will also be a level of pedestrian activity that will utilize the maintained sidewalks for leisure and fitness activities. Pedestrians will incorporate the maintained and safe sidewalks into their leisure and fitness routines, thus making the sidewalks serve as a pass-through portion of their overall route traveled. The benefit provided to property and pedestrians, as a result of the maintained sidewalks serving as a pass-through corridor, needs to be quantified.
According to the U.S. Census Bureau (2010), the Town has a permanent resident population of approximately 8,234. However, the Town attracts a significant number of tourists and according to the Town’s Pedestrian Master Plan, adopted April 16, 2014, (TOML, 2014) during peak tourist season the Town’s population can increase to as many as 35,000 people. The Town’s 2007 General Plan (TOML, 2007) identifies that the non-permanent residential units accommodate 4 persons per unit on average. Based on this average person per unit size for the Town and considering there are 162 residential units within the District, there are approximately 648 people that could reside within the District boundaries at peak tourist season.
Population Area Population
Peak Tourist Season Town Population 35,000
Peak Tourist Season District Population (1) 648
(1) Based on 162 District residential units multiplied by 4.0 persons per unit.
In order to determine the utilization of the sidewalks within the Town and District, data from the Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by the U.S. Department of Transportation Federal Highway Administration (FHWA, 2011) was used, including the analysis of the number of person trips by various modes of transportations such as private vehicle, transit, walking or some other means of transportation. According to the Mountain Division data extracted from the 2009 NHTS database, of the annual 29,017 (in millions) total person trips, 2,663 (in millions) or 9.17% of those person trips were made by using walking as their mode of transportation (FHWA, 2011). Applying this percentage, to the populations listed above, the following table provides the number of persons that would utilize walking as the typical mode of transportation during the Town’s peak tourist season:
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 9 Population Area Population
Population w/Walking
as Typical Mode of
Transportation (1)
Peak Tourist Season Town Population 35,000 3,212
Peak Tourist Season District
Population 648 59
(1) Population multiplied by 9.17%.
To further quantify the non-District population that uses walking as the mode of transportation, the District population needs to be excluded from the total population figure of 3,212 identified above.
Therefore, the adjusted population, located outside of the District boundaries, that uses walking as the mode of transportation is 3,153 people.
Population Area Population
Population
w/Walking
as Mode of
Transportation (1)
Peak Tourist Season Town Population 35,000 3,212
Less District Boundary Population (648) (59)
Non-District Population Totals: 34,352 3,153
(1) Population multiplied by 9.17%.
In order to obtain a better picture of the overall level of general benefit provided by the maintained District sidewalk improvements, the pedestrian traffic that utilizes walking as the mode of transportation that will seek out and use the sidewalks within the District’s boundaries, but reside outside of the District, must be considered. The 2009 NHTS further details the purposes of the 2,663 (in millions) reported Mountain Division walking trips. Based on the residential/lodging property types within the District, people outside of the District would utilize the District sidewalks for the following reasons: shopping, dining, errands, walk to school, day care or religious activity, personal/family business, and appointments, social or recreational activities, and other.
The following table details the number of walking trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the sidewalk improvements within the District:
Trip Purpose
Number of Walking
Trips
(in millions)
Shopping/Dining/Errands 529
School/Daycare/Religious activity 135
Personal/Family Business 173
Social/Recreational 709
Do not know/Other 69
Total 1,615
Of the total number of walking trips reported in the 2009 NHTS, 1,615 (in millions) or 60.65% are for purposes that persons outside of the District would utilize the sidewalk improvements within the District.
Applying this percentage (60.65%) to the number of people using walking as their mode of transportation
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 10 and that reside outside of the District (3,153), but use the sidewalks within the District, there are approximately 1,912 people using the maintained sidewalks to engage in general benefit activity.
Description Population
Non-District population utilizing walking as the
typical mode of transportation 3,153
% of 2009 NHTS walking trips representing
activities outside of the District 60.65%
Non-District population engaging in general
benefit activities 1,912
The number of persons engaging in general benefit activities represents 5.57% of the Town’s total peak tourist season population, of 34,352 previously identified above, and is therefore considered to be District general benefit.
Sidewalk General Benefit 5.57%
Therefore, the general benefit provided by the ongoing maintenance of the District sidewalks is 5.57% and the special benefit is estimated to be 94.43%.
4.3.4 COLLECTIVE GENERAL BENEFIT
Since the District is comprised of benefits resulting from a blend of maintained improvements (Viewpoint Road, emergency access area, and sidewalks), the activity of both pedestrians and vehicles must be addressed in a collective form rather than independently. Therefore, the arithmetic mean of the general benefit percentages has been used to quantify the overall level of general benefit for the District.
This general benefit result is provided in the table below:
Viewpoint Road Access General Benefit 1.00%
Emergency Access Area General Benefit 1.00%
Pedestrian Safety General Benefit 5.57%
Total District General Benefit 2.52%
The general benefit, which is the percentage of the total maintenance budget that must be funded through sources other than assessments, is 2.52%. The special benefit then, which is the percentage of the maintenance budget that may be funded by assessments, is 97.48%.
4.4 Apportioning of Special Benefit
As outlined above, each of the parcels within the District is deemed to receive special benefit from the ongoing District maintenance activities. Each parcel that has a special benefit conferred upon it as a result of the ongoing District maintenance activities is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the District maintenance costs.
The District is comprised of two primary developments: Viewpoint condominiums and the Mammoth View project. However, the Mammoth View project can be further allocated into two categories: The Summit
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 11 properties and the Basecamp properties. The Summit properties include the 12 condominium units and 28 condominium cabin units that are accessed from Viewpoint Road. The Basecamp properties include the 12 condominium units and the hotel that are accessed from Mountain Boulevard and Alpine Circle.
4.4.1 BENEFIT POINTS ASSIGNMENT
Viewpoint Road Access Benefit Points Assignment: Viewpoint Road serves as the primary access point for the Viewpoint condominiums and the Summit properties. Vehicles and pedestrians will travel the entire length of the maintained Viewpoint Road to access the Summit properties. To account for the benefit that the Summit properties receive from having the entire length of Viewpoint Road maintained by the District, Summit properties are assigned 1.0 benefit point. However, access to the Viewpoint condominiums only requires vehicles and pedestrians to travel approximately 351 feet of the total 525-foot Viewpoint Road.
Since the Viewpoint condominiums utilize approximately 65% of the maintained Viewpoint Road, they are assigned 0.65 benefit points for the benefits received from that portion of the maintained Viewpoint Road used to access their properties. There is no vehicular access from Viewpoint Road to the Basecamp properties. However, pedestrian traffic from the Basecamp properties has been considered. The Mammoth View project is designed, and has pedestrian walkways, for residents and guests to use the various amenities located throughout the entire project. Pedestrians may utilize these walkways to access Viewpoint Road to in order to travel outside of the District via Viewpoint Road. To recognize the potential pedestrian traffic along Viewpoint Road from the Basecamp properties, 0.25 benefit points are assigned to Basecamp properties for the benefit received from the Viewpoint Road maintenance activities. Common areas located throughout the Viewpoint condominiums and Mammoth View project are deemed to receive no benefit from the Viewpoint Road maintenance activities. The following table provides the benefit points assigned to the property location classifications within the District.
Property Location Classification
Viewpoint Road
Access Benefit
Point Assignment
Summit Properties 1.00
Basecamp Properties 0.25
Viewpoint Condominiums 0.65
District-wide Common Areas 0.00
Emergency Access Area Benefit Points Assignment: The emergency access area serves as the secondary emergency access point primarily for the Viewpoint condominiums should residents and emergency vehicles be prevented from accessing the Viewpoint condominiums via Viewpoint Road. A well-maintained and easily accessed emergency corridor will provide a quick and efficient route for emergency vehicles to access the Viewpoint condominium properties. To recognize the benefit from having a year-round maintained emergency access area, Viewpoint condominiums are assigned 1.0 benefit point. While the emergency access area is designed to serve the Viewpoint condominiums it also provides benefit to both the Summit properties and the Basecamp properties. Due to the location of the Summit properties, it would be difficult for large emergency vehicles to access the Summit properties via the emergency access area. However, smaller emergency vehicles could access the Summit properties and provide emergency services, if needed. Further, the Summit properties’ residents can utilize the Mammoth View project’s walkways to vacate the Summit properties area and relocate over to the Basecamp properties area.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 12 Therefore, to recognize the reduced benefit that the Summit properties receive from the emergency access area compared to the Viewpoint condominiums’ benefit received, 0.75 benefit points have been assigned. There is no vehicular access for smaller emergency vehicles to drive to the Basecamp properties from the emergency access area. However, the Basecamp properties are located at a lower elevation than the Summit properties. This lower elevation would allow for fire services to battle fires and provide emergency assistance from the higher Summit properties position. Further, emergency personnel could access the Basecamp properties on foot from the Summit properties area by utilizing the Mammoth View project’s walkways. To account for this limited benefit received from the emergency access area, the Basecamp properties are assigned 0.25 benefit points. Common areas located throughout the Viewpoint condominiums and Mammoth View project are deemed to receive no benefit from the emergency access area maintenance activities.
The following table provides the benefit points assigned to the property location classifications within the District.
Property Location Classification
Emergency Access
Area Benefit
Point Assignment
Summit Properties 0.75
Basecamp Properties 0.25
Viewpoint Condominiums 1.00
District-wide Common Areas 0.00
Pedestrian Safety Benefit Points Assignment: The maintained District sidewalks are located along Main Street, Mountain Boulevard, and Alpine Circle. People from the Basecamp properties can quickly and conveniently access the sidewalks from several area locations along Mountain Boulevard and Alpine Circle.
To account for the close proximity to the sidewalks and convenience for these properties to access the maintained sidewalks, Basecamp properties are assigned 1.0 benefit point. Access to the sidewalks from the Summit properties requires residents to either travel along Viewpoint Road or first travel the Mammoth View project walkways to access the sidewalks. Since the Summit properties have a greater distance to travel prior to reaching the District sidewalks and have access to the sidewalks via two different points of similar distance, 0.50 benefit points are assigned. Given the location of the District sidewalks and the proximity of those sidewalks from the Viewpoint condominiums, residents will most likely access the sidewalks via Viewpoint Road instead of traveling the additional distance through the Summit properties and Basecamp properties. Therefore, to account for this single access point to the maintained District sidewalks, Viewpoint condominiums are assigned 0.25 benefit points. Common areas located throughout the Viewpoint condominiums and Mammoth View project are deemed to receive no benefit from the sidewalk maintenance activities. The following table provides the benefit points assigned to the property location classifications within the District.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 13 Property Location Classification
Pedestrian Safety
Benefit
Point Assignment
Summit Properties 0.50
Basecamp Properties 1.00
Viewpoint Condominiums 0.25
District-wide Common Areas 0.00
By adjusting the total benefit points for each property location classification set forth above by parcel factors, a more complete picture of the proportional special benefits received by each parcel within the District is presented.
The following table provides a summary of the special benefit points assigned to each property location classification within the District.
Property Location
Classification
Viewpoint
Road Access
Benefit Point
Assignment
Emergency
Access Area
Benefit Point
Assignment
Pedestrian
Safety
Benefit Point
Assignment
Total
Benefit Point
Assignment
Summit Properties 1.00 0.75 0.50 2.25
Basecamp Properties 0.25 0.25 1.00 1.50
Viewpoint Condominiums 0.65 1.00 0.25 1.90
District-wide Common Areas 0.00 0.00 0.00 0.00
4.4.2 PARCEL FACTORS
The Town of Mammoth Lakes Travel Model Final Report (LSC, 2011) identified trip rates for various land use types throughout the Town. Of those land use types, there are three land use types within the District:
Residential High-Density (MF) – Visitor, Resort Hotel – Visitor, and Retail/Commercial. The Residential High-Density (MF) – Visitor land use type includes all of the Viewpoint condominiums, the Mammoth View townhouse condominium units, and the Mammoth View condominium cabin units. The Resort Hotel – Visitor land use type includes the 54 rooms within Mammoth View hotel. There was not a specific land use type category for restaurants. For purposes of this analysis, the property designated for restaurant use is considered to be Retail/Commercial. According to the report, the three land use types have the following trips per day assigned.
Land Use Type
Trips
per Day Per
Residential High-Density (MF) – Visitor 11.50 Unit
Resort Hotel – Visitor 12.00 Unit
Retail/Commercial 60.20 1,000 Square Feet
Utilizing the Residential High-Density (MF) – Visitor land use type as our base parcel factor of 1.00, the remaining parcel factors can be assigned based upon the approximate proportional relationship to the base parcel factor.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 14 Land Use Type
Parcel
Factor Per
Residential High-Density (MF) – Visitor 1.00 Unit
Resort Hotel – Visitor 1.00 Room
Retail/Commercial 5.20 1,000 Square Feet
The average building square footage for the Residential High-Density (MF) – Visitor units is approximately 1,000 square feet. Therefore, there were no additional adjustments needed for the Retail/Commercial land use type obtain a proportional relationship Residential High-Density (MF) – Visitor land use type.
4.4.3 TOTAL SPECIAL BENEFIT POINTS CALCULATION
The formula below shows the total special benefit points calculation for each parcel within the District:
Parcel’s Total
Special Benefit Points =
Property Location
Classification Total
Benefit Point Assignment
X Parcel Factor
4.4.4 DATA CONSIDERATIONS AND PARCEL CHANGES
The use of the latest Assessor’s Secured Roll information has been and shall be used in the future as the basis in determining each parcel’s land use and building square footage, unless better data was or is available to the Town. In addition, if any parcel within the District is determined by the Assessment Roll to be an invalid parcel number, the land use and building square footage of the subsequent valid parcel(s) shall serve as the basis in assigning special benefit points.
4.4.5 TOTAL SPECIAL BENEFIT POINTS
The total special benefit points for the District at this time are 326.41. The total special benefit points are summarized as follows:
Property
Location Classification
Unit
Count (1)
Total
Benefit Point
Assignment
Parcel
Factor (2)
Total
Special
Benefit Points
Summit Properties 40 2.25 1.00 90.00
Basecamp Properties - Residential 66 1.50 1.00 99.00
Basecamp Properties - Retail/
Commercial 3,976 1.50 5.20 31.01
Viewpoint Condominiums 56 1.90 1.00 106.40
District-wide Common Areas N/A 0.00 0.00 0.00
Total Special Benefit Points: 326.41
(1) The Basecamp Properties – Retail/Commercial unit count represents total building square footage. (2) The Retail/Commercial parcel factor is per 1,000 building square feet.
Section 6 of this Engineer’s Report provides a detailed special benefit points breakdown for each parcel in the District.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 15
5. METHOD OF ASSESSMENT
5.1 Method of Assessment Spread
The method of assessment is based upon a formula that assigns the special benefit to each parcel. The formulas below provide a summary of the annual assessment calculation for each parcel in the District. (A)
Parcel’s Total
Special Benefit
Points
=
(B)
Property Location
Classification Total
Benefit Point
Assignment
X
(C)
Parcel Factor
(B)
Property Location
Classification Total
Benefit Point
Assignment
=
Viewpoint Road
Access Benefit
Points
+
Emergency
Access Area
Benefit Points
+
Pedestrian Safety
Benefit Points
(C)
Parcel
Factor
Residential High-Density (MF) – Visitor = 1.00 per Unit Resort Hotel – Visitor = 1.00 per Room
Retail/Commercial = 5.20 per 1,000 Square Feet
Parcel’s
Maximum Allowable
Assessment (1)
=
Maximum
Assessment
Rate
x
(A)
Parcel’s Total Special
Benefit Points
Parcel’s
Actual Assessment =
Actual
Assessment
Rate
x
(A)
Parcel’s Total Special
Benefit Points
(1) Subject to a cost-of-living inflator.
5.2 Cost of Living Inflator
The original assessment formula states each fiscal year, beginning Fiscal Year 2015/16, the maximum allowable assessment amount may be increased by the lesser of 2.00% or the annual calendar year percentage change in the Consumer Price Index published by the U.S. Bureau of Labor Statistics for all Urban Consumers in the Los Angeles-Riverside-Orange County Area (“CPI”). If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. If operating costs are such that the maximum assessment amount is not needed, the Town would levy only what is needed for that year. In January 2018, the Bureau of Labor Statistics (BLS) updated their geographic areas for computing CPI. Previously, the Los Angeles-RiversideOrange County index was made up of Los Angeles, Orange, Riverside, San Bernardino, and Ventura
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 16 counties. The BLS split this index into two areas; one that represents Los Angeles and Orange counties (Los Angeles-Long Beach-Anaheim) and another that represents Riverside and San Bernardino counties (Riverside-San Bernardino-Ontario). The Town chose to use the Annual Los Angeles-Long Beach-Anaheim CPI for the calendar year for future calculations.
The annual calendar year percentage change in the CPI applicable to the Fiscal Year 2025/26 assessment is
3.29%. Therefore, the cost-of-living inflator for Fiscal Year 2025/26 is 2.00%.
5.3 Assessment Budget
In order to assess the parcels within the District for the special benefits received from the ongoing District maintenance activities, the general and special benefits must be separated. As previously quantified, the general benefit received from the District maintenance activities is 2.52%. Accordingly, 97.48% of the benefits from the District maintenance activities are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein.
5.3.1 MAXIMUM ASSESSMENT RATE PER SPECIAL BENEFIT POINT The initial maximum assessment rate per special benefit point for the District was established in the Fiscal Year 2014/15 with the maximum assessment of $99.15 per Special Benefit Point. After applying the annual cost of living inflator, the maximum assessment rate per special benefit point for Fiscal Year 2025/26 is $120.59.
The following table is a historical representation of the maximum assessment rate:
Fiscal Year
Maximum
Assessment Rate
2015/16 $100.48
2016/17 101.39
2017/18 103.31
2018/19 105.37
2019/20 107.48
2020/21 109.63
2021/22 111.41
2022/23 113.64
2023/24 115.91
2024/25 118.23
2025/26 120.59
5.3.2 ACTUAL ASSESSMENT RATE PER SPECIAL BENEFIT POINT
The actual assessment rate per special benefit point is calculated by dividing the total actual cost estimate to be levied in Fiscal Year 2025/26 by the total special benefit points assigned to the parcels in the District.
The following formula provides the actual assessment rate per special benefit point calculation:
Total Actual Cost Estimate to be levied / Total Special Benefit Points = Actual Assessment Rate per Special Benefit Point
$6,000.00 / 326.41 = $18.38
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 17
6. APPENDICES
Assessment Diagram A
Assessment Roll B
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 18
6.1 Appendix A – Assessment Diagram
An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor, at the time this report was prepared, and are incorporated by reference herein and made part of this report.
Town of Mammoth Lakes
Fiscal Year 2025/26 Engineer’s Report- Benefit Assessment District No. 2014-1 (Mammoth View) 19
6.2 Appendix B – Assessment Roll
The assessment roll is a listing of the assessment apportioned to each lot or parcel, as shown on the last equalized roll of the County Assessor. The following tables summarize the assessments for the District:
Property Land
Use Type
Total
Special Benefit
Points
FY 2025/26
Maximum Allowable
Assessment Rate (1)
Total FY 2025/26
Maximum
Assessment
Viewpoint Condominiums 106.40 $120.59 $12,830.78
Summit Properties 90.00 120.59 10,853.10
Basecamp Properties 130.01 120.59 15,677.91
Common Area 0.00 120.59 0.00
Total (2) 326.41 $39,361.79
(1) Per Special Benefit Point
(2) Totals may be slightly off due to rounding.
Property Land
Use Type
Total
Special Benefit
Points
FY 2025/26
Actual
Assessment Rate (1)
Total
FY 2025/26 Actual
Assessment
Viewpoint Condominiums 106.40 $18.38 $1,955.63
Summit Properties 90.00 18.38 1,654.20
Basecamp Properties 130.01 18.38 2,389.58
Common Area 0.00 18.38 0.00
Total (2) 326.41 $5,999.41
(1) Per Special Benefit Point
(2) Totals may be slightly off due to rounding.
A listing of assessor’s parcels assessed within the District for Fiscal Year 2025/26, along with the assessment amounts, is on file in the office of the Town Clerk and presented on the following pages. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.
Town of Mammoth Lakes
BAD No. 2014-1 (Mammoth View)
Final Billing Detail Report for Fiscal Year 2025/26
Assessor's Parcel Number Benefit Points FY 2025/26 Max. Assessment FY 2025/26 Actual Assessment 033-082-006-000 10.5000 $1,266.19 $193.00
033-082-007-000 65.7564 7,929.56 1,208.70
033-082-008-000 56.0064 6,753.81 1,029.48
033-082-010-000 4.5000 542.65 82.70
033-082-011-000 36.0000 4,341.24 661.74
033-082-012-000 47.2500 5,697.87 868.52
033-083-101-000 1.9000 229.12 34.92
033-083-102-000 1.9000 229.12 34.92
033-083-103-000 1.9000 229.12 34.92
033-083-104-000 1.9000 229.12 34.92
033-083-105-000 1.9000 229.12 34.92
033-083-106-000 1.9000 229.12 34.92
033-083-107-000 1.9000 229.12 34.92
033-083-108-000 1.9000 229.12 34.92
033-083-109-000 1.9000 229.12 34.92
033-083-110-000 1.9000 229.12 34.92
033-083-111-000 1.9000 229.12 34.92
033-083-112-000 1.9000 229.12 34.92
033-083-113-000 1.9000 229.12 34.92
033-083-114-000 1.9000 229.12 34.92
033-083-115-000 1.9000 229.12 34.92
033-083-116-000 1.9000 229.12 34.92
033-083-117-000 1.9000 229.12 34.92
033-083-118-000 1.9000 229.12 34.92
033-083-119-000 1.9000 229.12 34.92
033-083-120-000 1.9000 229.12 34.92
033-083-121-000 1.9000 229.12 34.92
033-083-122-000 1.9000 229.12 34.92
033-083-123-000 1.9000 229.12 34.92
033-083-124-000 1.9000 229.12 34.92
033-083-125-000 1.9000 229.12 34.92
033-083-126-000 1.9000 229.12 34.92
033-083-127-000 1.9000 229.12 34.92
033-083-128-000 1.9000 229.12 34.92
033-083-129-000 1.9000 229.12 34.92
033-083-130-000 1.9000 229.12 34.92
033-083-131-000 1.9000 229.12 34.92
033-083-132-000 1.9000 229.12 34.92
033-083-133-000 1.9000 229.12 34.92
033-083-134-000 1.9000 229.12 34.92
033-083-135-000 1.9000 229.12 34.92
033-083-136-000 1.9000 229.12 34.92
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 1 of 2 01/22/2025 05:27:20PM
Town of Mammoth Lakes
BAD No. 2014-1 (Mammoth View)
Final Billing Detail Report for Fiscal Year 2025/26
Assessor's Parcel Number Benefit Points FY 2025/26 Max. Assessment FY 2025/26 Actual Assessment 033-083-137-000 1.9000 229.12 34.92
033-083-138-000 1.9000 229.12 34.92
033-083-139-000 1.9000 229.12 34.92
033-083-140-000 1.9000 229.12 34.92
033-083-141-000 1.9000 229.12 34.92
033-083-142-000 1.9000 229.12 34.92
033-083-143-000 1.9000 229.12 34.92
033-083-144-000 1.9000 229.12 34.92
033-083-145-000 1.9000 229.12 34.92
033-083-146-000 1.9000 229.12 34.92
033-083-147-000 1.9000 229.12 34.92
033-083-148-000 1.9000 229.12 34.92
033-083-149-000 1.9000 229.12 34.92
033-083-150-000 1.9000 229.12 34.92
033-083-151-000 1.9000 229.12 34.92
033-083-152-000 1.9000 229.12 34.92
033-083-153-000 1.9000 229.12 34.92
033-083-154-000 1.9000 229.12 34.92
033-083-155-000 1.9000 229.12 34.92
033-083-156-000 1.9000 229.12 34.92
62 Accounts 326.4128 $39,362.04 $5,999.66
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 2 of 2 01/22/2025 05:27:20PM
RESOLUTION NO. 25-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,
STATE OF CALIFORNIA, APPROVING THE ANNUAL REPORT FOR PROCEEDINGS
FOR THE LEVY OF ASSESSMENTS WITHIN THE SPECIAL MAINTENANCE DISTRICT BENEFIT ASSESSMENT DISTRICT NO. 2014-1 (MAMMOTH VIEW)
FOR FISCAL YEAR 2025/26
The Town Council of the Town of Mammoth Lakes (the “Town”) does resolve as follows:
WHEREAS, the Town Council of the Town of Mammoth Lakes (the “Town Council”), California, pursuant to the terms of the Benefit Assessment Act of 1982, Title 5 Division 2, of the California Government Code (commencing with Section 54703), Article XIII D of the Constitution of the State and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (collectively, hereafter referred to as the “Assessment Law”) did, by previous resolution, establish the Benefit Assessment District designated as: Benefit Assessment District No. 2014-1 (Mammoth View) (hereinafter referred to as the “Maintenance District”); and
WHEREAS, the Town has retained NBS for the purpose of assisting with the annual levy of the Maintenance District, and the preparation and filing of an annual report for the levy of assessments for the fiscal year commencing July 1, 2025 and ending June 30, 2026 within such Maintenance District; and
WHEREAS, there has now been presented to this Town Council the Fiscal Year 2025/26 Annual Report (the “Report”) as required by the Assessment Law; and WHEREAS, this Town Council has now carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in the Report; and WHEREAS, the Town Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with the Assessment Law. All objections to the assessment, if any, will be considered by the Town Council. The Public Hearing will be held on Wednesday, April 16, 2025 at 4:00 pm or as soon thereafter as is feasible in the Town Council Chambers, Suite Z located at 437 Old Mammoth Road, Mammoth Lakes, CA 93546. The Town Council further orders the Town Clerk to publish notice of this resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. The above recitals are all true and correct.
Resolution No. 25-
2. The Report as presented consists of the following:
(a) Plans and specifications describing the general nature, location and extent of the improvements to be maintained and of the maintenance work. (b) An estimate of the cost of maintenance of the improvements for the Maintenance District for Fiscal Year 2025/26.
(c) A diagram of the Maintenance District, showing the area and properties proposed to be assessed.
(d) An annual assessment for Fiscal Year 2025/26 of the estimated costs of the maintenance of those improvements to be maintained during such fiscal year, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received; together with a formula pursuant to which such annual assessment may be adjusted annually for inflation pursuant to the Assessment Law without the necessity for additional assessment ballot procedures.
(e) The available Maintenance District funds will be applied to offset the cost of improvements for Fiscal Year 2025/26, resulting in $6,000 levy to the parcels in the Maintenance District.
3. The Report, as presented, is hereby approved, and is ordered to be filed in the Office of the Town Clerk of the Town Council as a permanent record and to remain open to public inspection.
4. The Town Clerk of the Town Council shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED, AND ADOPTED this 19
th day of March, 2025.
CHRIS BUBSER, Mayor
ATTEST:
JAMIE GRAY, Town Clerk
1 TOWN COUNCIL STAFF REPORT
Title: Accept the Project Closeout Report for the Dog Park Project.
Meeting Date: March 19, 2025
Prepared by: Matthew Freedman, PE, Associate Civil Engineer Amy Callanan, PE, Engineering Manager
RECOMMENDATION:
Staff recommends Town Council accept the project closeout report for the Dog Park Infrastructure Project.
BACKGROUND:
Work on the Dog Park project commenced in summer of 2023 when Town of Mammoth Lakes Staff awarded Triad Holmes Associates with a design contract to develop plans for a community dog park, located on the southeast corner of the Mammoth Lakes Foundation’s 100 College Parkway parcel. The project included a new pedestrian walkway, a 40-car parking lot, a prefabricated restroom, and installation of approximately 5,000 SF of artificial pet turf, with chain link fencing surrounding the approximately 1-acre dog park area, divided into a section for small dogs and a section for large dogs.
Work on site began in the fall of 2023, with a pause for winter, and was completed in summer of 2024. Difficulties with the awarded prime contractor resulted in the project’s finishing touches being completed by Town Public Works and Parks staff. A ribbon-cutting event was held on November 6, 2024.
FINANCIAL CONSIDERATIONS:
At the time of contract award, the project was fully funded with General Fund contributions of $850,000 and a contribution of $50,000 from a T-Mobile parks grant awarded to the Town, and an allocation from Capital Reserves Fund 980 in the amount of $250,356.53, for a total funding allocation of $1,150,356.53. An additional $11,257.37 will need to be allocated to fully fund and close out this project. The overage is attributed to the purchase of wildlife proof trash containers, leach posts and minor electrical work that were billed to the construction project after the project was substantially complete.
Current Funding Source Amount
Dog Park – General Fund $150,000.00
Dog Park – T-Mobile Grant $50,000.00
MLF Property Parking Lot – General Fund $400,000.00
2 MLF Property Restroom – General Fund $300,000.00
Capital Reserves Fund 980 $250,356.53
Total Funding Allocated $1,150,356.53
Additional Funding Needed $11,257.37
Proposed Total Project Funding Allocation $1,161,613.90 Staff recommend allocating the additional $11,257.37 needed to fully fund this project from Capital Reserves Fund 980.
PRE-CONSTRUCTION PHOTOS:
CONSTRUCTION PHOTOS:
3
4 POST-CONSTRUCTION PHOTOS:
5
6
7
1 TOWN COUNCIL STAFF REPORT
Title: Approve Settlement Agreement with Village Lodge Phase 1 HOA.
Meeting Date: March 19, 2025
Prepared by: Andrew Morris, Town Attorney
Haislip Hayes, PE Public Works Director
RECOMMENDATION:
Approve Settlement Agreement with Village Lodge Phase 1 HOA.
BACKGROUND:
During the summer of 2020 the Town contracted with Walker Industries to complete sidewalk improvements along Forest Trail near the Village. During the demolition of the existing sidewalks the contractor struck and severed glycol lines that serve the Village HOA snowmelt system. The lines were located in the public right-of-way (ROW) and were immediately plugged.
ANALYSIS:
In August of 2021 staff received an invoice from the HOA demanding payment for the repairs. The invoice included over $20,000 in glycol and over $10,000 in labor. Staff documented the line strikes and equipment was on hand to stop the leaks so only a small amount of material was lost. Staff sent a response to the HOA offering to pay significantly more than the amount of glycol lost. The letter offered to pay for 2 barrels of glycol (110 gallons) far more than the few gallons that were lost. Staff did not receive a response to this letter. Furthermore, since the damage occurred in public right-of-way it was determined that the HOA had no rights or permits to have the line on public property. The lines were not marked.
On or about July 20, 2023, the HOA filed a complaint for damages in the Mono County Superior Court, against Contractor alleging one cause of action for Negligent Property Damage. The Town informally agreed to indemnify Contractor concerning the damage caused to the Glycol Line and has the authority to settle this dispute on behalf of Contractor.
The attorneys representing the Town and HOA worked out an agreement to bring closure to the dispute. The Town will pay $3,000 for the damage and provide an encroachment permit to the HOA for the glycol lines in the ROW. In turn the HOA will dismiss its complaint against the Contractor.
FINANCIAL CONSIDERATIONS:
The subject project was closed out years ago. Funds from the settlement will be taken from the General Services Special Operations Fund.
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (“Agreement”) is made and entered into as of March _________, 2025, by and among VILLAGE LODGE PHASE 1 HOMEOWNER’S ASSOCIATION (collectively “HOA”) on one side, and ROBERT SCOTT WALKER and WALKER INDUSTRIES (collectively “Contractor”) on the other, and third party in interest, the TOWN OF MAMMOTH LAKES (“Town”) (HOA, Contractor, and Town are hereinafter at times referred to individually as “Party” and/or “party” and collectively as “Parties” and/or “parties”) with respect to the following:
RECITALS
A. In the summer of 2020, the Town hired Contractor to do work on certain sidewalks along Forest Trail in the Town of Mammoth Lakes. The scope of the project included the demolition and replacement of some of the sidewalks that are located on or adjacent to HOA property. The sidewalks on or adjacent to HOA property have buried glycol lines under them as part of their snowmelt system.
B. Contractor jackhammered the sidewalk in front of HOA’s property within the Town’s right of way, breaking the glycol line, and causing glycol to leak out and air to enter the system. Defendants repaired the broken lines immediately and continued with the project.
C. On or about November 11, 2020, HOA observed that the snowmelt system was not working. Nevada Chiller & Boiler (“NCB”) determined that the glycol feed tank for the snowmelt system was empty as a result of Contractor cutting the snowmelt line causing the system to lose its imperative glycol charge.
D. HOA’s snowmelt system consists of approximately two (2) miles of underground glycol pipes that intertwine through the entire HOA property and adjacent Town-owned sidewalks within the right of way and keep snow and ice off the pertinent pathways for the safety of the HOA’s patrons.
E. Due to the size of this system, it took two of NCB’s technicians five days to bleed all the air out of the entire system, and pump in new glycol to refill the system.
F. HOA paid $34,146.70 to NCB to replace the glycol and bleed the air out of the system.
G. On or about July 20, 2023, HOA filed a complaint for damages in the Mono County Superior Court, bearing case number 23UCM64, against Contractor alleging one cause of action for Negligent Property Damage. The Town has not formally intervened in case number 23UCM64; however, the Town informally agreed to indemnify Contractor concerning the damage caused to the Glycol Line and has the authority to settle this dispute on behalf of Contractor.
H. During the discovery phase of the litigation, It was determined that the lines that were severed were located within the Town right of way and that the HOA did not have permission or an easement to have them in this location.
I. All claims, allegations, debts, and demands. without limitation, made by the Parties against each other related to the Property, are hereby referred to as the “Dispute.”
J. The Parties have agreed to settle all claims, allegations, debts, and demands without limitation relating to the Dispute on the terms set forth in this Agreement.
NOW, THEREFORE in consideration of the terms, covenants, conditions, and agreements set forth hereinbelow, the Parties hereby agree as follows:
AGREEMENT
1. The Recitalsset forth hereinabove are hereby incorporated into this Agreement.
2. The Parties agree to the following:
A. The HOA shall dismiss its complaint with prejudice, which it had filed in the Mono County Superior Court, case number 23UCM64, against Contractor; B. The Town shall grant to HOA an Encroachment Permit on Town property for the HOA’s glycol lines pursuant to the Encroachment Permit, attached as Exhibit A and incorporated by reference, between HOA and the Town. The Encroachment Permit shall be recorded with the Mono County Recorder’s Office. The HOA shall prepare exhibits for the encroachment permit identifying the exact locations of lines, manifolds, and all infrastructure used for melting snow from driveway approaches. The Exhibits will be completed to the satisfaction of the Town of Mammoth Lakes Engineering Department. Additionally, the HOA acknowledges that it will be responsible for appropriately marking its infrastructure when 811 dig alert is called for work in the right of way.
C. Upon the earlier of: (i) 14 days from HOA’s dismissal of its complaint; or (ii) 14 days following the mutual execution of this Agreement, the Town shall pay to HOA the amount of $3,000.
3. Except as otherwise stated in this Agreement, the Parties shall bear their own attorney’s fees and costs incurred in connection with the above-described Dispute.
4. Except for the obligations of the Parties described in this Agreement, the Parties and their agents, assigns, employees, officers, directors, principals, successors and nominees, do hereby remise, release, acquit and forever discharge each other, and their agents, assigns, employees, officers, directors, principals, successors and nominees, and each of them, of and from any and all claims, demands, agreements, contracts, covenants, torts, actions, causes of action, obligations, debts, costs, expenses, accounts, damages, losses and liabilities of whatever kind or nature, past or present, known or unknown, which the Parties now have or may hereafter accrue on account of or by reason of any matter, cause or thing whatsoever related to or arising out of the above-described Dispute. However, this release is not intended to and shall not be construed as a release of the rights, obligations or duties of the Parties arising out of this Agreement.
5. Each party hereto understands that the facts in respect of which this Agreement is made may be other than or different from the facts now believed by each party to be true; each party accepts and assumes the risk that said facts, or any of them, may be different from the facts now believed by each party to be true; and each party hereto agrees that this Agreement and the release given and covenants made hereunder shall be and will remain in effect as fully, completely and legally binding, notwithstanding the discovery or existence of any additional or different facts, or of any claims with respect thereto.
6. The parties acknowledge that they have been advised by each of their counsel and are
familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The parties hereby expressly waive any and all rights they may have thereunder, as well as under any other statute or common law principle of similar effect, except as to promises, covenants and warranties contained herein which shall survive. The parties understand and acknowledge the significance and consequences of the specific waiver of California Civil Code Section 1542, and hereby assume full responsibility for any injuries, damages, losses or liabilities they may hereafter incur from the above-mentioned dealings and disputes.
7. The parties hereto agree to execute all documents which may be required to facilitate the provisions of this Agreement. Failure to do so shall be considered a material breach of this Agreement.
8. The parties represent and warrant that they have full power to enter into this Agreement, and that the individual, if any, executing this Agreement on behalf of another is fully empowered to bind that person and is fully authorized to enter into this Agreement. The parties represent and warrant that they have not assigned, encumbered or in any manner transferred all or any portion of the claims, causes of action, or other matters released by them herein. The parties acknowledge and agree that the warranties and representations made by them in this paragraph are each an essential and material term of this Agreement, without which the consideration given herein would not have been given by any of them.
9. Confidentiality. HOA acknowledges that this Agreement and most documents held or created by Town pertaining to the Dispute, constitute public records which may be obtained by any person upon request pursuant to the California Public Records Act.
10. Non-Disparagement. Each party agrees and covenants that she/he/it shall not at any time make, publish, or communicate to any person or entity or in any public forum, any defamatory or disparaging remarks, comments, or statements concerning the other party or her/his/its businesses, or any of her/his/its family members, employees, officers, or directors, and its existing and prospective customers, suppliers, investors, and other associated third parties, now or in the future, pertaining to the Dispute or this Agreement, provided that HOA acknowledges that Town cannot restrict the speech or communications of members of the Town Council and that nothing herein shall be deemed to so restrict such speech or communications.
11. The parties acknowledge and represent that, in effecting and executing this Agreement, they have had the opportunity to seek the advice of legal counsel as to their legal rights; that they or the individual executing this Agreement on their behalf, have read all of this Agreement and fully understand its content and effect; and that they have entered into this Agreement freely and voluntarily without duress.
12. The parties acknowledge and agree that this is a compromise settlement of the abovedescribed Dispute, which, upon implementation of the terms hereof, is not in any respect to be
deemed, construed, or treated as an admission or a concession of any liability whatsoever by any party hereto, including any person, firm, partnership, or corporation for any purpose whatsoever.
13. The parties acknowledge and agree that no representation, statement or promise not expressly set forth herein has been made by or on behalf of any of the other parties hereto or by any of their agents, servants, employees, representatives or attorneys, and that no representations, statements or promises that are not expressly set forth herein have been made or relied on by any party hereto.
14. All the covenants, releases, and agreements herein contained in favor of the persons or entitiesreleased aremade forthe express benefit of each and all ofsaid persons or entities, each of whom has the right to enforce such provisions.
15. If any action or motion at law or in equity, including an action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, in addition to any other relief to which the party may be entitled.
Unless judgment goes by default, the attorney fee award shall not be computed in accordance with any court schedule, but shall be such as to fully reimburse all attorney’s fees actually incurred in good faith, regardless of the size of the judgment, it being the intention of all parties to fully compensate for all attorney’s fees paid or incurred in good faith.
16. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective partners, heirs,successors, representatives, and assigns.
17. This Agreement is made and entered into in the State of California and shall be interpreted, applied, and enforced under and pursuant to the laws of the State of California. Venue shall be exclusively in the Mono County Superior Court.
18. The parties have made such investigation of the facts pertaining to this Agreement and all matters pertaining hereto as they have determined necessary. This Agreement is intended to be final and binding between the parties hereto, regardless of any claims of misrepresentations, promises made without the intention of performing them, mistakes of fact or law, or any other circumstances whatsoever, and under no circumstancesshall any party be entitled to set aside this Agreement, either in whole or in part. In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment or mistake, whether or not any party should subsequently discover or assert for any reason that any fact relied upon by such party in entering into these releases was untrue, or that any fact was concealed from any party hereto, or that such party's understanding of the facts or the law was incorrect or incomplete.
19. The terms and provisions of this Agreement including the Dispute shall remain confidential. No party may state, reveal, disclose, imply, or infer to the other party or to others that this Dispute and/or Agreement was reached on the basis that any misrepresentation, fraud, false promise, promise made without intention to perform, or any other ground of fraud was made by either party or was considered in reaching the terms of settlement contained in this Agreement. All parties expressly agree to never reveal, disclose, directly or implicitly, any terms of this Agreement to any third party, and any person or entity affiliated with it in any way. If asked about the relationship or dispute between the Parties, the Parties may make the following statement, and only the following statement: “the Parties reached an amicable resolution.” The parties agree to not disparage or criticize the other, orally, in writing or impliedly, to the public or any third party, specifically but not limited to
Steven Seat, and Ted Carlton, related to the Dispute. Breach of this paragraph shall be considered material and to cause the other party irreparable harm.
20. Time is of the essence in each and every provision of this Agreement.
21. This Agreement may be executed in counterparts and electronic signatures, including via DocuSign or Adobe, shall be deemed valid as originals.
22. The parties agree that each party has reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
TOWN OF MAMMOTH LAKES CONTRACTOR
___________________________ __________________________
Robert Patterson, Town Manager Scott Walker
Date:__________ Date: _________
VILLAGE LODGE PHASE 1
HOMEOWNER’S ASSOCIATION
___________________________
Dr. Marc Kayem, President
Date: _________
APPROVED AS TO FORM
_______________________ __________________________
Andrew Morris, Attorney Jeremy Ibrahim, Attorney
Town of Mammoth Lakes Village Lodge Phase 1
Homeowner’s Association
TOWN COUNCIL STAFF REPORT
Title: Award Architectural and Consultant Design Services Contract for the Mammoth Arts and Cultural Center to HMC Architects.
Meeting Date: March 19, 2025
Prepared by: Amy Callanan, PE Engineering Manager
RECOMMENDATION:
Staff recommends the Town Council authorize the Town Manager to:
Finalize scope and fee negotiations and execute an agreement with HMC Architects for architectural and consultant design and construction administration services for the Mammoth Arts and Cultural Center.
Execute amendments to the contract as necessary to advance project development as authorized by the Town Council.
BACKGROUND:
In August 2024, Town Council approved the 5-year Capital Improvement Plan (CIP), which included design and construction of the Mammoth Arts and Cultural Center (MACC). The MACC project is the result of a partnership between the Mammoth Lakes Foundation, Town of Mammoth Lakes, Cerro Coso/Kern Community College, and private donors, and is intended to be a yearround venue for performing arts events, including live theater, musical performances, films, lectures, conferences, and community activities. The MACC is proposed to be constructed as an addition to the Edison Theater located at 100 College Parkway, on property currently owned by the Mammoth Lakes Foundation (MLF). Initial design has been performed by HMC Architects under contract with MLF. The scope of the MACC project includes the addition of a single-story, approximately 7,482 square-foot, 239-seat performing arts theatre with support spaces, a new trash enclosure, reconfiguration of the existing parking lot, and other site improvements such as walkway connections and landscape/revegetation of the disturbed site.
The Town is currently in negotiations with MLF to purchase the overall 8-acre parcel including the existing theater building, and to take over final design and construction and eventually operation of the MACC. In anticipation of the transition, HMC has provided Town staff with a proposal to continue design and construction administration of the MACC through project completion. Staff anticipates completing design and going out to bid in May and starting construction this fall.
ANALYSIS:
The contract with HMC would be executed as a task order under their current on-call contract for architectural and consultant services. The on-call contract was executed in September 2024 following a competitive RFQ/RFP process during which many consultants submitted proposals and were selected based on professional qualifications.
FINANCIAL CONSIDERATIONS:
The architectural and consultant services are currently proposed to include a $589,569 fixed fee, plus reimbursable expenses not to exceed $78,450, for a total not-to-exceed contract amount of $654,519. These services were originally estimated to be approximately $1,182,500. The total project budget is estimated to be approximately $16.8 million.
The project is currently funded as follows:
Funding Source Amount
Donations $ 500,000
General Fund / Measure U $ 5,800,000
Kern Community College District $ 7,500,000
Mammoth Lakes Foundation $ 3,000,000
TOTAL $ 16,800,000
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Consider approval of District Zoning Amendment 24-001, Use Permit 24004, and Tentative Tract Map 24-003 for a subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) located at 164 Old Mammoth Road to modify the permitted uses for the Amended Phase One CSP by adding Condominium Hotel uses subject to a use permit and subdivision map approval. The application includes a Tentative Tract Map for the subdivision of twenty (20) units within the five four-plex structures (“Villas”) into condominium hotel units that may be sold individually. The project was previously analyzed pursuant to the California Environmental Quality Act (CEQA) in the 2021 Addendum to the Clearwater Specific Plan Environmental Impact Report.
Council Meeting Date: 3/19/2025
Prepared by: Kim Cooke, Senior Planner
Recommended Motion: Waive the first reading and introduce by title only an ordinance making the required CEQA and Municipal Code findings, and approving District Zoning Amendment 24- 001; and adopt the resolution making the required CEQA, Subdivision Map Act, and Municipal Code findings, and approving Tentative Tract Map 24-003 and Use Permit 24-004, with conditions are recommended by the Planning and Economic Development Commission.
Summary: The proposed project consists of a subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) to: (1) add condominium hotel uses to the permitted land use table subject to use permit and subdivision map approval, and (2) remove language prohibiting condominium hotel uses in the Amended Phase One CSP project. The application includes a use permit for the proposed condominium hotel use and a tentative tract map for the subdivision of the 20 units within the five (5) four-plex structures (“Villas”) into condominium hotel units that may be sold individually. No additional development on the site is currently proposed.
TOWN COUNCIL STAFF REPORT
Subject: Consider approval of District Zoning Amendment 24-001, Use Permit 24- 004, and Tentative Tract Map 24-003 for a subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) located at 164 Old Mammoth Road to modify the permitted uses for the Amended Phase One CSP by adding Condominium Hotel uses subject to a use permit and subdivision map approval. The application includes a Tentative Tract Map for the subdivision of twenty (20) units within the five four-plex structures (“Villas”) into condominium hotel units that may be sold individually. The project was previously analyzed pursuant to the California Environmental Quality Act (CEQA) in the 2021 Addendum to the Clearwater Specific Plan Environmental Impact Report.
Meeting Date: March 19, 2025
Written by: Kim Cooke, Senior Planner
RECOMMENDATION:
Waive the first reading and introduce by title only an ordinance making the required CEQA and Municipal Code findings, and approving District Zoning Amendment 24-001; and adopt the attached resolution making the required CEQA, Subdivision Map Act, and Municipal Code findings, and approving Tentative Tract Map 24-003 and Use Permit 24- 004, with conditions are recommended by the Planning and Economic Development Commission (Commission), or as modified by the Town Council.
PROJECT SUMMARY
The proposed subsequent amendment to the Amended Phase One CSP consists of a District Zoning Amendment (DZA) request to modify the permitted uses for the Amended Phase One CSP by adding ‘condominium hotel uses subject to a use permit and subdivision map approval.’ The proposed amendment includes a definition for condominium hotel uses, adds development and operating standards applicable to condominium hotel uses, and removes language that previously excluded condominium hotel uses from the Amended Phase One CSP development project. Additional minor text revisions are included to provide greater clarity to the reader.
The purpose of the proposed amendment to the Amended Phase One CSP is to allow the current property owner to subdivide the 20 units within five (5) existing fourplex structures (“Villas”) into 20 condominium hotel units that may be sold individually. A Use Permit application and a Tentative Tract Map application are included with this entitlement application package as required pursuant to the proposed subsequent amendment to the Amended Phase One CSP. The applicant’s intent is also to preserve the regulatory framework established by the CSP which would allow a future redevelopment project
consistent with the CSP’s long-term vision and goals. No additional development on the site is currently proposed.
Figure 1 (below) depicts the proposed lot configuration provided by the applicant for the creation of a separate “condominium owners’ association” lot (Lot 1) for the proposed condominium hotel component of the site, plus a remainder “resort owner” lot, with required easements noted for shared access, parking, snow storage, trash enclosure, utilities, and other shared facilities. The final easement language and configuration will be completed through a Reciprocal Easement Agreement (REA) which is subject to review and approval by Town staff prior to Final Map Approval.
Figure 1: Proposed Subdivision Configuration
BACKGROUND:
The Clearwater Specific Plan (CSP) was adopted by the Town Council in January 2009, for the development of a new, pedestrian-oriented, mixed-use, resort destination development located in the North Old Mammoth Road District of the Town. Adoption of the CSP included approval of the Final Clearwater Specific Plan Environmental Impact Report (CSP EIR) (SCH# 2006062154).
In March 2010, in compliance with the CSP, the PEDC approved a vesting tentative tract map, use permit, and design review for a mixed-use project called "Old Mammoth Place." The Old Mammoth Place entitlements included up to 340 residential units with up to 488 lodging rooms, eight on-site workforce housing units, multiple outdoor public events plazas, approximately 20,000 square feet of commercial/retail space, approximately 17,000 square feet of restaurant space, 9,500 square feet of conference space, a 4,500 square-foot spa and wellness center, an ice rink, a pool, and an underground parking garage covering the entire site. As a part of the Old Mammoth Place project, the Town approved DZA 09- 002 in April 2010, to clarify how building height is to be measured when a building sits atop a parking garage and DZA 10-002 in June 2010, to provide clarification on how fees would be charged for the entitled project.
Over the period of approximately six years following the Old Mammoth Place project approval, the applicant asserts that financing was not available to construct the project and market conditions were not conducive to the sale of condominium hotel rooms. In August 2016, as an effort to improve the economic viability and marketability of the project, the owner obtained approval of amendments to the CSP (DZA 15-002) and the Old Mammoth Place entitlements, which included a 10-foot increase in building height, an increase in net residential square footage, and the elimination of an on-site workforce housing requirement. At that time, a CEQA addendum to the CSP EIR (Old Mammoth Place CUP Addendum [SCH# 2006062154]) was prepared. The Addendum concluded that the proposed modifications were consistent with what was analyzed as part of the CSP EIR.
This Addendum was approved in 2016.
In September 2021, a new application was submitted to amend the CSP to establish interim development standards to serve as zoning for Phase One of the CSP. The interim development standards accommodated a less intensive expansion and upgrade of the existing hotel, restaurant, and public spaces than envisioned by the CSP/ Old Mammoth Place entitlements, while still allowing for future development consistent with the CSP's long-term vision and goals. The Town Council approved DZA 21-001 in December 2021.
The Planning and Economic Development Commission approved a Major Design Review (DR 21-005) application in February 2022, for a project consisting of interior and exterior improvements to the existing 149-unit hotel and Rafters restaurant, the construction of 30 new resort cabin units, including five (5) four-plex “Villa” structures, an expanded event/meeting space, and added amenities for both guests and the community. The project also included 7 on-site affordable housing units located within an existing spa building, a Parking Management Plan to allow for a 15% reduction in required parking (186 parking spaces proposed) and the incorporation of a valet program, and a range of regularly scheduled events managed by the Events Management Plan. Construction of the approved project began in April 2022 and is nearing completion with several final requirements and
site improvements that are outstanding. These outstanding items include completion of landscape installation, parking lot resurfacing and restriping, installation of signage, all of which will be bonded for to ensure completion prior to issuance of a Certificate of Occupancy and prior to a second reading for the Ordinance approving DZA 24-001.
Current Application
The current application was submitted to the Town on June 3, 2024.
SB 18 Tribal Consultation
Senate Bill 18 (SB 18) law requires local governments to initiate consultation with California Native American Tribes when a project creates or amends general or specific plans and/or undertakes development projects that trigger the California Environmental Quality Act (CEQA). Since this application includes an amendment to a Specific Plan, the SB 18 tribal consultation process was followed. Letters inviting tribal consultation and project review were sent to tribes included on the Native American Contact List provided by the Native American Heritage Commission on August 30, 2024. The required 90-day period for Native American Tribes to request consultation ended on November 29, 2024.
Staff did not receive any requests for consultation during the 90-day period, thereby concluding the SB 18 tribal consultation process.
Planning and Economic Development Commission Public Hearings On December 11, 2024, the PEDC held a public hearing to consider the Outbound Hotel “Villas” project application. The public hearing concluded with a 2-1 vote of the commission in favor of application approval. However, it was determined that the 2-1 vote was not sufficient to move the application forward to the Town Council for consideration, so another noticed public hearing with the PEDC was scheduled to reach a decision on the application.
A noticed public hearing with the PEDC was held on February 12, 2025, to reconsider the Outbound “Villas” project application. The public hearing concluded in a 3-1 vote of the Commission, to recommend approval of the project to the Town Council. PEDC Resolution No. 2025-02 is included as Attachment 5.
ANALYSIS/DISCUSSION:
Site Zoning
The property is zoned Clearwater Specific Plan (CSP) and is subject to the Amended Phase One Clearwater Specific Plan, as adopted in December 2021. The 2021 Amended Phase One CSP document specifies that the standards therein shall only apply to the Amended Phase One project, and any future redevelopment of the site following completion of the Amended Phase One project shall be subject to the standards found in the 2016 Clearwater Specific Plan regulatory document. Since the District Zoning Amendment (DZA 24-001) application is only applicable to the Amended Phase One CSP document, staff considered the location of the proposed condominium hotel use in the context of the 2016 CSP document as well, to ensure consistency with the land use designations that will apply to the property in the future.
There are three land use designations identified in the 2016 Clearwater Specific Plan which are depicted in Figure 2 below. The proposed Outbound “Villas” subdivision for condominium hotel purposes is located within Land Use Area 2, designated for condominium hotel uses, and described as, “A building or combination of buildings that function as a hotel with privately held condominium hotel units or traditional hotel units.” Figure 2: CSP Conceptual Land Use Diagram and Aerial View of Project Site Permits and Findings Required
The Outbound “Villas” project application includes three permits:
1. District Zoning Amendment (DZA) 24-001 – The amendment proposes to modify the permitted uses for the Amended Phase One CSP by adding condominium hotel uses subject to a use permit and subdivision map approval.
2. Tentative Tract Map (TTM) 24-003 – would allow a common interest subdivision for condominium hotel units that can be sold individually.
3. Use Permit (UPA) 24-004 – is required to ensure the proposed condominium-hotel operation is subject to the same operating standards and includes site amenities that would be required of other condominium hotel development within the CSP zoning designation, as well as ensure the proposed condominium hotel use will be occupied and operated as a transient rental (lodging) use.
The required findings for these permits include, but are not limited to, the following:
1. Project is consistent with the General Plan.
2. Project is internally consistent with the Amended Phase One CSP.
3. Project is in compliance with CEQA.
4. Project will not be detrimental to the public interest, health, safety, convenience, or welfare of the town.
5. Project site is physically suitable for the proposed development.
The attached ordinance and resolution include the required findings for approval which describe how the project complies with all applicable requirements (Attachment(s) 1, and 2).
Consistency with the Clearwater Specific Plan
The proposed subsequent amendment to the Amended Phase One Clearwater Specific Plan upholds the overall intent and goals of the original CSP and the Amended Phase One CSP.
Condominium hotel uses are permitted within the CSP and, therefore, the conversion of the “Villas” to condominium hotel units will comply with the permitted uses in the CSP, as well as with the conceptual land use diagram of the CSP.
General Plan Consistency
The site is located within the Clearwater Specific Plan (CSP) land use designation of the 2007 General Plan. The intent of the CSP designation is to provide “for a pedestrianoriented, mixed-use district for residents and visitors within the North Old Mammoth Road area. Permitted uses include hotel, condominium-hotel, workforce housing, street front retail along Old Mammoth Road, and a large public plaza intended for use as an event venue.”
Public Comments
Two written public comments were provided in writing prior to the PEDC public hearings.
One public comment letter was received on December 10, 2024. Staff contacted the commentor and offered to meet to discuss issues raised in the comment letter. Staff met with the commentor on Tuesday, December 17th and discussed the various concerns regarding the application and staff provided clarification on certain items including parking, setbacks, and the fact that a Development Agreement (DA) does not exist for the property.
A second written public comment was received on February 9, 2025, which expressed concern regarding increases in vehicular traffic on Old Mammoth Road and recommended limiting site access for the project to Laurel Mountain Road. The commentor also expressed concern regarding property maintenance due to separate ownership of the condominium hotel units and the Outbound Hotel.
The PEDC reviewed and considered these Public Comments prior to making its decision on the application. The two written public comment letters are included as Attachment 7.
OPTIONS ANALYSIS
Option 1: Waive the first reading and introduce by title only an ordinance making the required CEQA and Municipal Code findings and approving District Zoning Amendment 24-001 and adopt the attached resolution making the required CEQA, Subdivision Map Act, and Municipal Code findings, and approving Tentative Tract Map 24-003, and Use Permit 24-004, with conditions as recommended by the Planning and Economic Development Commission.
Option 2: Waive the first reading and introduce by title only an ordinance making the required CEQA and Municipal Code findings, and approving District Zoning Amendment 24-001 and adopt the attached resolution making the required CEQA, Subdivision Map Act, and Municipal Code findings, and approving Tentative Tract Map 24-003, and Use Permit 24-004, with conditions as recommended by the Planning and Economic Development Commission, as modified by the Town Council.
Option 3: Deny District Zoning Amendment 24-001, Tentative Tract Map 24-003, and Use Permit 24-004.
Option 1 would allow the Ordinance, approving DZA 24-001, to proceed to a second reading by the Council and would become effective 30 days after the second reading. Once the ordinance is effective, the resolution approving TTM 24-003 and UPA 24-004 would become effective, and the applicant could submit a final map for the subdivision.
As with Option 1, Option 2 would allow the Ordinance, approving DZA 24-001, to proceed to a second reading by the Council, but the Council’s approval would be for a modified proposal. The modifications could be revisions to DZA 24-001 and/or revisions to the conditions of approval.
Option 3 would deny the project. The Council would need to make findings for denial.
FINANCIAL CONSIDERATIONS:
The applicant is paying for the staff time for the processing of this application.
ENVIRONMENTAL CONSIDERATIONS:
Staff determined that the Outbound Hotel “Villas” Project is consistent with the scope of development contemplated for the Amended Phase One CSP project as analyzed in the October 2021 Addendum to the Clearwater Specific Plan EIR, which concluded that the proposed project modifications are minor technical changes that do not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The applicable mitigation measures from the 2021 Addendum remain applicable and are included as conditions of approval for the project. The 2021 CEQA Addendum is included as Attachment 4.
LEGAL CONSIDERATIONS:
The Town Attorney has reviewed this staff report and there are no legal considerations to address herein.
Attachments:
Attachment 1: Ordinance approving District Zoning Amendment 15-002 Exhibit A: Revisions to the Amended Phase One Clearwater Specific Plan Attachment 2: Resolution making the required CEQA, Subdivision Map Act, and Municipal Code findings, and approving Tentative Tract Map 24-003, and Use Permit 24-004
Exhibit A: Findings for Approval
Exhibit B: Conditions of Approval
Attachment 3: Tentative Tract Map Sheets 1 and 2
Attachment 4: 2021 CEQA Addendum to the Clearwater Specific Plan EIR Attachment 5: PEDC Resolution 2025-02
Attachment 6: Application Narrative
Attachment 7: Public Comments
ORDINANCE NUMBER 25-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
MAMMOTH LAKES, COUNTY OF MONO, STATE OF CALIFORNIA,
APPROVING DISTRICT ZONING AMENDMENT 24-001
FOR THE OUTBOUND HOTEL “VILLAS” PROJECT TO
AMEND THE 2021 AMENDED PHASE ONE CLEARWATER SPECIFIC
PLAN DOCUMENT
WHEREAS, a request for consideration of a district zoning amendment was filed by Matthew Merring for the property owner, WH SN Mammoth, LLC, to amend the 2021 Amended Phase One Clearwater Specific Plan document to allow the Outbound Hotel “Villas” project, in accordance with Sections 17.112 (Specific Plans) of the Town of Mammoth Lakes Municipal Code, for property located within the Clearwater Specific Plan zoning designation at 164 Old Mammoth Road; and
WHEREAS, a noticed public hearing was opened on November 13, 2024, at which time the public hearing was continued to the regularly scheduled December 11, 2024, PEDC meeting; and
WHEREAS, the Planning and Economic Development Commission conducted the continued public hearing on December 11, 2024, at which time all those desiring to be heard were heard and the hearing concluded with a 2-1 vote of the Commission. It was determined that the 2-1 vote was a “no action vote” and a new public hearing on the item would be required to reach a decision on the application; and
WHEREAS, the Planning and Economic Development Commission conducted a duly noticed public hearing on the application request on February 12, 2025, at which time all those desiring to be heard were heard; and
WHEREAS, following the receipt of all oral and written testimony, the Planning and Economic Development Commission closed the public hearing on February 12, 2025, and adopted Resolution No. PEDC 2025-02 recommending to the Town Council approval of the Outbound Hotel “Villas” Project, including District Zoning Amendment 24-001; and WHEREAS, on March 19, 2025, the Town Council conducted a duly noticed public hearing at which time all those desiring to be heard were heard, and Council considered testimony and materials in the staff report and accompanying documents and exhibits; and WHEREAS, following receipt of all oral and written testimony, the Town Council closed the public hearing on March 19, 2025; 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:
Ordinance No. 25-__
Section 1. Recitals. The above recitals are all true and correct.
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 – CEQA Guidelines Section §15162:
The Town Council considered the 2021 Addendum to the Clearwater Specific Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2006062154) together with the Clearwater Specific Plan EIR, pursuant to the CEQA Guidelines Section 15162, and finds that on the basis of the whole record, there is no substantial evidence that the proposed Outbound Hotel “Villas” project will result in any new significant effects or a substantial increase in the severity of previously identified significant effects. a. The Town Council finds that there are no substantial changes to the project from what was analyzed in the Addendum to the Clearwater Specific Plan EIR that will require revisions to the 2021 Addendum, and therefore, no new significant environmental effects or a substantial increase in the severity of previously identified significant effects will occur.
b. There are no substantial changes with respect to the circumstances under which the project is being undertaken that will require major revisions to the adopted 2021 Addendum to the Clearwater Specific Plan EIR because the Outbound Hotel “Villas” project involves the subdivision of the twenty units within the five existing four-plex structures for condominium hotel purposes, in a location that the Clearwater Specific Plan identifies for siting condominium hotel uses. Therefore, the 2021 Addendum is adequate because it demonstrates that the environmental analysis and impacts identified in the Clearwater Specific Plan EIR remain substantively unchanged by the proposed district zoning amendment, tentative tract map, and use permit, and supports the finding that the project does not result in any new environmental effects and does not exceed the level of impacts identified in the EIR.
c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified and at the time that the 2021 EIR Addendum was adopted, to show that:
(1) The project will have one or more significant effects not previously discussed in the EIR since, as described in the 2021 Addendum to the Clearwater Specific Plan EIR, no changes have occurred with respect to the intensity of the development that was previously analyzed, and all potential environmental effects were found to be adequately analyzed in the 2021 Addendum to the Clearwater Specific Plan EIR;
(2) Significant effects previously examined will be substantially more severe than shown in the previous EIR. The Amended Phase One to the Clearwater Specific Plan would not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. No new
Ordinance No. 25-__
information has become available and no substantial changes to the circumstances (under which the project is being undertaken) since the certification of the Final EIR and the 2021 Addendum has occurred.
(3) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. There are no new mitigation measures required and no new alternatives available that would substantially reduce the environmental effects beyond those previously described in the certified Final EIR and the 2021 Addendum to the Clearwater Specific Plan EIR.
(4) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR and would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. There are no new mitigation measures required and no new alternatives available that would substantially reduce the environmental effects beyond those previously described in the certified Final EIR and the 2021 Addendum to the Clearwater Specific Plan EIR.
Therefore, none of the criteria in CEQA Guidelines §15162 calling for preparation of subsequent environmental review has occurred. The Outbound Hotel “Villas” Project is consistent with the scope of development contemplated for the Amended Phase One CSP project as analyzed in the October 2021 Addendum to the Clearwater Specific Plan EIR, which supports the conclusion that the proposed project modifications are minor technical changes that do not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The applicable mitigation measures from the 2021 Addendum remain applicable and are included as conditions of approval for the project. d. The Town Council finds that the proposed Outbound Hotel “Villas” Project will not result in a safety hazard or noise problem for persons using the Mammoth Yosemite Airport or for persons residing or working in the Project area because the Project site is located approximately seven miles from the Mammoth Yosemite Airport. e. A program for reporting on or monitoring the required mitigation measures has been adopted.
f. All applicable mitigation measures shall be conditions of Project approval.
CEQA Action: The Town Council directs staff to file a Notice of Determination.
Section 3. Findings. The Town Council HEREBY FINDS AND DETERMINES based on the information presented herewith:
Ordinance No. 25-__
FINDINGS FOR DISTRICT ZONING AMENDMENT
(Municipal Code Section 17.112.060)
a. The specific plan is consistent with all applicable sections of the General Plan and Title 17 and is consistent with other adopted goals and policies of the Town.
The proposed subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) is consistent with the General Plan and other adopted goals and policies of the Town because the amendment will result in a project that continues to meet the intent, goals, and objectives of the 2007 General Plan, and the Clearwater Specific Plan. The amendment proposes to modify the permitted uses for the Amended Phase One CSP by adding condominium hotel uses subject to a use permit and subdivision map approval. The proposed amendment includes a definition for condominium hotel uses, adds development and operating standards applicable to condominium hotel uses, and removes language that excludes condominium hotel uses from the Amended Phase One CSP development project.
The purpose of the proposed amendment to the Amended Phase One CSP is to allow the current property owner to subdivide five existing fourplex structures referred to as the “Villas” into 20 condominium hotel units. The proposed amendment is consistent with the allowable land uses identified in Section 5.2.1, Land Use Designations, of the CSP, which states, “Land Use Area 2: Residential: A building or combination of buildings that function as a hotel with privately held condominium hotel units or traditional hotel units.”
The proposed amendment does not increase the allowable density or intensity of development subject to the Amended Phase One CSP, and importantly, the amendment also maintains the existing allowances of the CSP for future redevelopment, thereby ensuring that any goals not met by the current development can be met when the site redevelops in the future.
Finally, the proposed subsequent amendment to the Amended Phase One CSP maintains consistency with the intent of the General Plan’s Clearwater Specific Plan land use designation, which is to provide “for a pedestrian-oriented, mixed-use district for residents and visitors within the North Old Mammoth Road area. Permitted uses include hotel, condominium-hotel, workforce housing, street front retail along Old Mammoth Road, and a large public plaza intended for use as an event venue. The base density is forty (40) hotel rooms per acre with the potential for up to eighty (80) hotel rooms per acre. Pursuant to the Clearwater Specific Plan, significant community benefits are required to be provided. Workforce housing and commercial uses are exempt from density calculations.”
b. That the specific plan is consistent with any applicable airport land use plan as required by Government Code Section 65302.3; and
The amendment is consistent with Mammoth Yosemite Airport land use plan because the project is located approximately seven miles from the Mammoth Yosemite Airport and due to the nature and scope of the project, no impact on air traffic patterns are
Ordinance No. 25-__
anticipated. Additionally, there are no applicable airport land use plans that have an impact on the Clearwater Specific Plan zoning district. c. That the specific plan is in compliance with the provisions of the California Environmental Quality Act (CEQA).
Pursuant to CEQA Guidelines Section §15162, no subsequent environmental review is required because there is no substantial evidence that the proposed District Zoning Amendment, Tentative Tract Map, and Use Permit application for the Outbound Hotel “Villas” project would result in any new significant effects or a substantial increase in the severity of previously identified significant effects. The Outbound Hotel “Villas” project is consistent with the scope of development contemplated for the Amended Phase One Clearwater Specific Plan development project analyzed in the October 2021 Addendum to the Clearwater Specific Plan EIR. Therefore, with the incorporation of applicable mitigation measures from the 2021 EIR Addendum, the Specific Plan Amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
d. The amendment has been processed in accordance with Municipal Code Section
17.112.070.C (Specific Plans – Amendments) and Government Code 65453.
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 District Zoning Amendment 24-001, amending the Amended Phase One Clearwater Specific Plan to read as shown in attached Exhibit “A,” which is incorporated herein by this reference.
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 March, 2025. ______________________________
CHRIS BUBSER, Mayor
ATTEST: _______________________________
JAMIE GRAY, Town Clerk
Ordinance No. 25-__
Exhibit “A”
DZA 241-001: Subsequent Amendment to the Amended Phase One of the Clearwater Specific Plan
December 11 October 20, 20241
I. Background.
In January 2009, the Town Council adopted the Clearwater Specific Plan ("CSP") (District Zoning Amendment [DZA] 06-003). In March 2010, in compliance with CSP, the Planning and Economic Development Commission approved a vesting tentative tract map, conditional use permit, and design review for a mixed-use project called "Old Mammoth Place." The Old Mammoth Place entitlements include up to 340 residential units with up to 488 lodging rooms, eight on-site workforce housing units, multiple outdoor public events plazas, approximately 20,000 square feet of commercial/retail space, approximately 17,000 square feet of restaurant space, 9,500 square feet of conference space, a 4,500 square-foot spa and wellness center, an ice rink, a pool, and an underground parking garage covering the entire site. As a part of the Old Mammoth Place project, the Town approved DZA 09-002 in April 2010 to clarify how building height is to be measured when a building sits atop a parking garage and DZA 10-002 in June 2010 to provide clarification on how fees would be charged for the entitled project.
Throughout the first six years after the approval of Old Mammoth Place, there proved to be no financing available to construct the project and no market for the sale of condominium hotel rooms. In August 2016, in order to improve the economic viability and marketability of the project, the owner obtained approval of amendments to the CSP (DZA 15-002) and the Old Mammoth Place entitlements, which included a 10-foot increase in building height, an increase in net residential square footage, and the elimination of an on-site workforce housing requirement.
Nonetheless, 12 years after since the adoption of the CSP, there is was still no indication that a project on the scale of Old Mammoth Place can could be financed and developed in the near term. Meanwhile, the current hotel and amenities fall short of meeting the vision and goals of the General Plan and the CSP, and do did not meet the needs and standards of Mammoth's target visitors and families. The site includes the original hotel and restaurant buildings, large paved parking areas, a concrete miniature golf course, and limited vegetation.
Therefore, in December 2021, the Town Council approved DZA 21-001, which revised the Clearwater Specific Plan (CSP) to establish development standards for an Amended Phase One Project. The approved development standards applicable to the amended phase 1 accommodate a less intensive expansion and upgrade of the hotel, restaurant, and public spaces than originally envisioned by the CSP/Old Mammoth Place entitlements, while still allowing for the future development of the Old Mammoth Place project consistent with the CSP's long-term vision and goals.
The current District Zoning Amendment application (DZA 24-001) requests a subsequent amendment to the Amended Phase One CSP to allow a new condominium hotel component of
Ordinance No. 25-__
the Phase One CSP project. The application includes a proposed subdivision of twenty (20) hotel units located within five fourplex “Villa” structures for condominium hotel purposes. The proposed subdivision of the Villas for condominium hotel purposes would not have a material impact on hotel operations because use of the Villas will be restricted to transient occupancy.
Transient occupancy restrictions mean and include: (i) owner stays shall be limited to 30-days maximum per stay, without limitation on the number of stays per year; and (ii) each condominium hotel unit shall be made available for rental by the general public when the unit is not owner occupied; provided such restrictions are severable in the event of a judicial determination that a restriction is unenforceable, void or unconstitutional. In addition to the transient occupancy restrictions set forth in Town Zoning, the condominium hotel units (Villas) shall be maintained for transient occupancy use and language shall be included in the governing CC&Rs of the Villas to ensure that the Villas’ primary use remains lodging.
II. The Goal of this Subsequent Amendment to the Amended Phase One CSP (DZA 241- 001).
The goal of this subsequent Amendment is to establish interim development standards expand the allowable land uses in the Amended Phase One CSP to include condominium hotel uses that are subject to use permit and subdivision map approval, establish development standards for those condominium hotel uses, and reaffirm project requirements for the site that will: (1) accommodate the interim reduced Phase One development of a less tall and less dense smaller scale expansion and upgrade of the hotel, restaurant, and public spaces than is envisioned by the CSP and Old Mammoth Place Project (the "Amended Phase One of the CSP"); (2) enhance and expand upon the available assortment of lodging, food and beverage, and event/meeting space options on the site; (3) provide a new and vibrant outdoor venue and park for community activities and events; (4) animate and activate the Old Mammoth Road streetscape; and (5) allow for and accommodate the future development of the Old Mammoth Place project consistent with the CSP's long-term vision and goals, if and when market conditions allow.
III. Amended Phase One of the CSP Project Description.
The goal of the Amended Phase One of the CSP is to transform the site into a fully upgraded, full-service family-oriented lodging establishment hotel and public events venue that will serve to increase lodging hotel occupancies and revitalize the Old Mammoth Road streetscape. The proposed redevelopment of the site would be is the first major renovation of a hospitality project in Mammoth in decades, and would make significant strides toward achieving the Town's vision and goals for the Old Mammoth Road corridor, as set forth in the General Plan and the CSP. To that end, the owner will seek has obtained the Town's approval to:
• Upgrade and enhance all of the hotel's entryways, lobby areas, public spaces, and accommodations;
• Upgrade and increase the capacity of the event and meeting space at the Rafters Restaurant and Lounge and in the current lobby; • Upgrade the pool and add hot tubs;
• Create multiple landscaped social and amenity areas to include a gazebo, a volleyball court, lawn games, fire pits, and hammocks;
Ordinance No. 25-__
• Add 30 10 family-friendly resort cabins and 20 units within five (5) fourplex structures (“Villas”) to the site’s and hotel inventory; • Provide on-site workforce housing for a minimum of five hotel employees; • Demolish the Jimmy’s Taverna and Red Lantern building; • Demolish the miniature golf course;
• Expand the Rafters deck;
• Create a landscaped food and beverage garden and food truck venue south along Old Mammoth Road from the Rafters deck to a new public park; • Create a new public park and events pavilion at the corner of Old Mammoth Road and Sierra Nevada Road to accommodate community festivals and events; and
• Provide new public restaurants to support the public's use of the new food and beverage garden and public park.
• Pursuant to DZA 24-001, condominium hotel uses may be permitted subject to use permit and subdivision map approval.
IV. The Town's Vision and Goals for the Site.
The Town's vision and goals for the site are encompassed in the following quotes from the CSP:
"These guidelines and standards provide a framework for development of a cohesive, mixed-use, pedestrian-oriented … hotel opportunity that will significantly contribute to the revitalization of the Old Mammoth Road corridor.”
“The hotel will provide a contemporary and enjoyable place to stay for Mammoth visitors, central to the multitude of recreational opportunities available in and around the Town of Mammoth Lakes.”
“The overall goal of the Specific Plan is to create an attractive, hotel opportunity that shall serve to revitalize the economy of the core of the North Old Mammoth Road District area.”
"A project shall provide additional transient occupancy options to the Town of Mammoth Lakes” and shall "contribute to the overall revitalization of the Old Mammoth Road corridor.”
"To support the needs of the Town of Mammoth Lakes as a premier destination resort community … a project shall provide additional 'hot beds' and additional transient occupancy options to the Town."
Ordinance No. 25-__
The proposed subsequent amendment to the Amended Phase One of the CSP will include permit 30 the addition of 10 single-story resort cabins that will provide additional hot beds and amenities, without any condominium component. as well as 20 Villa units located within five four-plex structures along the southern portion of the site which may be subdivided for condominium hotel purposes subject to use permit approval and stipulation that the units are restricted to transient occupancy use.
The resort cabins and Villa units are designed for families, will add to the lodging options offered within the community, and have the capacity to increase TOT generation though higher occupancies and average daily rates. The expansion of indoor and outdoor event and meeting space, the creation of a food and beverage garden, and the development of a public park and events pavilion will provide benefits to the community and animate the Old Mammoth Road streetscape.
V. Development Standards.
The following development standards will apply to the Amended Phase One of the CSP:
DEVELOPMENT STANDARD Proposed
Total Project Site Size: 6.09 acres
Number of existing hotel rooms: 149 rooms
Number of additional new resort cabins rooms: 310 rooms Number of new Villa units (these units may be subdivided for condominium hotel purposes subject to use permit and
subdivision map approval):
20 units
Maximum Building Height – Cabins and Villas: 35 feet
Restaurant square feet: 10,000 square feet
Event space square feet: 2,000 square feet
Minimum Building Separation 5 feet
Setbacks - Old Mammoth Road Frontage 5 feet
Setbacks – Sierra Nevada 10 feet
Setbacks – Laurel Mountain 3 feet
Maximum Lot Coverage 70%
Total parking spaces:
Parking shall meet the requirements
set forth in the 2016 Clearwater
Specific Plan unless a Parking
Reduction is approved pursuant to MC
Section 17.44.040
Minimum Snow Storage 53,300 square feet
Minimum Open Space/ Landscaped Area 73,000 square feet
Ordinance No. 25-__
VI. Proposed Modifications to CSP Standards.
The following table describes the requested modifications to the 2016 CSP requirements to accommodate the proposed Amended Phase One of the CSP. These standards shall only apply to the Amended Phase One project, and any future redevelopment of the site following completion of the Amended Phase One project shall be subject the standards found in the 2016 Amendment to the Clearwater Specific Plan.
Section Title Proposed Changes to the Clearwater Specific Plan
1.0 Introduction None.
2.0 Existing Setting and
Conditions
None.
3.0 Project Description of
the Specific Plan
• The Project Description for the Amended Phase One of
the CSP is included under Section III above. The project description for the Old Mammoth Place project as
detailed in the 2016 CSP Amendment shall not apply to
the Amended Phase One project.
3.1 Conceptual Plan • The Conceptual Plan for the Amended Phase One of the CSP is for illustrative purposes only and does not
constitute a formal approval of any site or building
design. Final site and architectural plans must be
approved through the Design Review process.
3.2 Design Objectives • The Amended Phase One of the CSP shall not require:
o the construction of any commercial retail space
along Old Mammoth Road;
o improvement of the transit stop or construction
of a bus shelter on Old Mammoth Road;
o regular shuttle service to MMSA, the airport, the
golf courses, and Vons (shuttle service shall be
on-demand); or
o on-site changing rooms and lockers for
employees of the resort who choose to walk or
bike to work.
3.3 Sustainability
Guidelines
• Improvements constructed for the Amended Phase One
of the CSP shall not require LEED certification.
3.4 Operations • Although the Amended Phase One of the CSP shall contain event space and meeting space, it need not
include conference space.
• For the purposes of this Amended Phase One CSP
document, the term “condominium hotel” shall be defined as any building or portion thereof containing guest rooms used, designed, or intended to be used, let or rented for
Ordinance No. 25-__
periods of no more than thirty days at a time either by transient occupants or the individual owner(s) of a unit or units within the project; and that is also an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a
separate interior space in the building on the real property. • The Amended Phase One of the CSP shall not include any “condominium hotel” units, any units that "will be sold fully furnished with standardized furniture, fixtures and equipment at the time of initial sale," any "homeowner
association," or any "space for a rental management
operation.” may include condominium hotel uses subject
to use permit and subdivision map approval.
• A maximum of twenty (20) "condominium hotel" units
may be approved under the Amended Phase One CSP.
• All condominium hotel units shall include the following services and amenities:
o a. Central front desk, lobby, and telephone
connections to all hotel rooms with staff available
24-hours a day;
o b. Check-in spaces for arriving vehicles;
o c. Amenities supportive of lodging uses (e.g.,
concierge/guest services on site;
conference/meeting space, with food and beverage
support, flexible room configuration, industrystandard audiovisual, telecom, and conferencing infrastructure; food and beverage operations in the
form of restaurant or room service; ski and
luggage storage; and recreation facilities such as
spas, swimming pools, or fitness room facility
open to all hotel users);
o d. Standardized furniture, fixtures, and equipment
in all rooms;
o e. Centralized management and standards for
guest reservations, daily housekeeping service,
and maintenance services, for all units;
o f. Space for a rental management operation;
o g. Management by a qualified entity with at least
five years’ experience in the hotel management
business, including a “flag” hotel or company
with equivalent experience; and
o h. Inclusion of hotel amenities in common areas
through condominium covenants, conditions, and
restrictions (CC&Rs).
3.5.1 Traffic Mitigation • No offsite traffic improvements shall be required.
Ordinance No. 25-__
3.5.2 Site Access • The Amended Phase One of the CSP may be accessed from Sierra Nevada Road even though it will not include underground parking.
3.5.3 Transit
Improvements
• No transit improvements shall be required.
3.5.4 Street Improvements • The Amended Phase One of the CSP shall include curb, gutter, and sidewalk improvements along Laurel
Mountain Road.
• The east-west vehicular connector:
o need not have a 40-foot right-of-way offered for
dedication to the Town for use as a public road;
o need not be named;
o need not be improved with curb and gutter; and
o need not contain sidewalks or heat tracing.
• The north-south pedestrian connector in the Amended
Phase One of the CSP will provide access from Sierra
Nevada Road to the hotel pool complex, but will not
connect to the northern property boundary.
3.5.5 Storm Drainage • The project will meet Town drainage standards and requirements.
3.5.6 Sewer and Water • The project will meet all applicable Mammoth Community Water District standards and requirements as
determined through the construction permit process.
3.5.7 Dry Utilities • Undergrounding of on-site overhead utilities serving the site shall not be required.
3.5.8 Phasing • The Amended Phase One of the CSP shall be constructed in one phase, as determined by the owner after
consultation with the Town.
3.5.9 Public Facilities • The food and beverage garden along Old Mammoth Road need not be hardscaped.
3.6 Community Benefits • The community benefits required by the CSP will not be provided as part of Amended Phase One but may be
required upon future redevelopment of the site.
4.1 Consistency with the
2007 General Plan
None.
4.2 Consistency with the
NOMR District Study
None.
4.3 Consistency with the
Municipal Code
None.
Ordinance No. 25-__
5.1 Land Use Objectives,
Policies, and
Standards
• No underground parking is required.
• No residential units (other than workforce housing) are required.
• The north-south pedestrian connector need not connect to the northern property boundary.
5.2 Development
Standards
• See the Development Standards Table for Details.
5.2.1 Land Use
Designations
• The location and description of the uses shall not apply to the Amended Phase One of the CSP.
5.2.2 Permitted Uses • Condominium hotel uses may be permitted subject to use permit and subdivision map approval.
• Permitted uses for h Hotel operations may include the construction or placement of 310 resort cabins and 20
units within 5 four-plex (“Villas”) structures that are affixed to foundations.
5.2.3 Density None.
5.2.4 Site Coverage None.
5.2.5 Building Separation None.
5.2.6 Building Height • The maximum building height for resort cabins and Villa structures shall be 35 feet.
5.2.7 Setbacks • Setbacks for buildings and vehicles are set forth in the Development Standards table above.
5.2.8 Parking • Parking shall meet the requirements set forth in the 2016 Clearwater Specific Plan unless a Parking Reduction is
approved pursuant to MC Section 17.44.040.
Underground parking shall not be required.
5.2.9 Snow Storage and
Removal
None.
5.2.10 Signage None.
5.2.11 Lighting None.
5.2.12 Public Art • No specific requirements for public art
5.2.13 Additional Standards
and Requirements
None.
6.0 Design Guidelines • Final design of the cabins, Villas, and site amenities will be determined through the Design Review process.
7.0 Housing • The Amended Phase One of the CSP shall provide on-site workforce housing for a minimum of five hotel employees and shall otherwise comply with the Town's Housing
Ordinance No. 25-__
Ordinance. No parking shall be required for on-site
workforce housing units.
8.1 Recreation None.
8.2 Conservation and
Open Space
None.
8.3 Noise None.
8.4 Safety None.
9.1 Maintenance • The hotel owner/operator shall maintain the hotel property and improvements.
9.2 Construction and
Drainage
• No off-site drainage systems shall be required.
9.3 Site Utilities • The project will meet all applicable utility requirements as determined during the construction permit process.
10.0 Administrative
Procedures
• Use Permit and Design Review approval shall be required prior to construction of the Amended Phase One project.
Recording Requested by and )
When Recorded Mail To: )
)
Town of Mammoth Lakes )
Town Clerk )
P.O. Box 1609 )
Mammoth Lakes, CA 93546 )__________________________________________ Recordation fee exempt per Government Code §27383
Space Above for Recorder’s Use
RESOLUTION NO. 2025-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA APPROVING TENTATIVE TRACT MAP 24-003 AND USE PERMIT 24-004 TO ALLOW THE SUBDIVISION OF TWENTY UNITS WITHIN FIVE FOURPLEX STUCTURES (“VILLAS” UNITS) INTO TWENTY CONDOMINIUM HOTEL UNITS LOCATED AT 164 OLD MAMMOTH ROAD, CONSISTENT WITH DISTRICT ZONING AMENDMENT 24-001
(APNs: 035-230-012-000)
WHEREAS, a request for consideration of a tentative tract map and use permit review was filed by Matthew Mering for the property owner, WH SN Mammoth, LLC, to allow the Outbound Hotel “Villas” project, in accordance with Section 17.68 (Use Permits) and 17.88 (Design Review) of the Town of Mammoth Lakes Municipal Code and Section 10.0 of the Clearwater Specific Plan, for property located within the Clearwater Specific Plan Zoning District at 164, 202, and 248 Old Mammoth Road; and
WHEREAS, a noticed public hearing with the Planning and Economic Development Commission was opened on November 13, 2024, at which time the public hearing was continued to the regularly scheduled December 11, 2024, PEDC meeting; and WHEREAS, the Planning and Economic Development Commission conducted the continued public hearing on December 11, 2024, at which time all those desiring to be heard were heard and the hearing concluded with a 2-1 vote of the Commission. It was determined that the 2-1 vote was a “no action vote” so a new public hearing would be required to reach a decision on the application; and
WHEREAS, the Planning and Economic Development Commission conducted a duly noticed public hearing for the application request on February 12, 2025, at which time all those desiring to be heard were heard; and
WHEREAS, following the receipt of all oral and written testimony, the Planning and Economic Development Commission closed the public hearing on February 12, 2025, and adopted Resolution No. PEDC 2025-02 recommending approval of District Zoning
Resolution No. 25-
Amendment 2024-001, Tentative Tract Map 24-003, and Use Permit 24-004, for the Outbound Hotek “Villas” Project to the Town Council, with conditions; and WHEREAS, the Town Council conducted a duly noticed public hearing on the application request on March 19, 2025, at which time all those desiring to be heard were heard; and
WHEREAS, the Town Council considered, without limitation:
1. The staff report dated March 19, 2025, with all attachments and exhibits,
2. The 2007 General Plan, 2021 Amended Clearwater Specific Plan, State Subdivision Map Act, Municipal Code, and associated Land Use Maps,
3. Oral evidence submitted at the hearing,
4. Written evidence submitted at the hearing,
5. Project plans consisting of:
a. Tentative Tract Map 24-003, Sheets 1 – 2, dated December, 2023
6. The 2021 Addendum to the Clearwater Specific Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2006062154), incorporated herein by reference,
7. Amendments to the Clearwater Specific Plan, consisting of the complete text of the Amended Phase One Clearwater Specific Plan with changes as indicated in redline/strikeout format, dated December 2024, incorporated herein by reference,
8. Council Ordinance 25-XX approving District Zoning Amendment 24-001 for the Subsequent Amendment to the Amended Phase One Clearwater Specific Plan and making findings in support thereof, incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes, California, as follows:
1. That the Town Council finds the above recitations are true and correct.
2. The Town Council incorporates by reference all exhibits and attachments cited in this Resolution.
3. Pursuant to the requirements of the Town of Mammoth Lakes Municipal Code, the Town Council makes the findings contained in Exhibit “A” attached hereto.
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4. The Town Council approves Tentative Tract Map 24-003 and Use Permit 24-004, subject to the conditions attached hereto as Exhibit “B”.
5. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the Town Council directs staff to file a Notice of Determination.
6. The documents and other materials that constitute the record of proceedings upon which the Town Council’s decision is based are located in the Town Offices of the Town of Mammoth Lakes, at 437 Old Mammoth Road, Suite 230, Mammoth Lakes, California 93546 and Jamie Gray, Town Clerk, is hereby designated as the custodian of these records.
APPROVED AND ADOPTED THIS 19th day of March 2025
___________________________
CHRIS BUSBER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk
Resolution No. 25-
I, Matthew Merring, am the designated representative for the property owner and I do hereby attest that I have read, and agree to, the conditions of approval stipulated within this Resolution.
____________________________________________________
Matthew Merring, Authorized Signatory Date
WH SN Mammoth L.L.C.
(Notary Required)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me, , Notary
Public, personally appeared
_
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_
Notary Public Signature Seal
Resolution No. 25-
EXHIBIT “A”
Resolution No. 2025-
Case No. TTM 24-003, UPA 24-004
FINDINGS
FINDINGS FOR USE PERMIT
(Municipal Code Section 17.68.050)
a. The proposed use is consistent with all applicable sections of the General Plan and Title 17 and is consistent with any applicable Specific Plan; The 2007 Town of Mammoth Lakes General Plan land use map designates the entire project site Clearwater Specific Plan (CSP). The CSP land use designation allows hotel, condominium-hotel, workforce housing, street front retail along Old Mammoth Road, and plaza areas for gathering/events. The Outbound Hotel “Villas” Project proposes to subdivide five existing fourplex (“Villas”) structures into twenty condominium hotel units.
The location of the Villa structures is situated in Land Use Area 2 of the CSP, which allows condominium hotel uses subject to use permit and subdivision map approval. Therefore, the proposed conversion of twenty hotel units into twenty condominium hotel units is consistent with the CSP General Plan land use designation.
The CSP sets forth the land use development standards for this site rather than Title 17 (Zoning Code). The proposed subdivision of the five (5) existing fourplex structures into twenty (20) condominium hotel units is consistent with the CSP land use designation which allows hotel, condominium hotel, retail, restaurant uses as well as amenities to enhance the visitor experience and support long-term visitation.
b. The proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health and safety nor materially injurious to properties or improvements in the vicinity; and
The proposed use and the conditions under which it would be operated will not be detrimental to the public health or safety nor materially injurious to properties or improvements in the vicinity because the Clearwater Specific Plan EIR (SCH# 2006062154) and the 2021 Addendum analyzed potential impacts of the proposed use related to aesthetics, air quality, noise, hazards and hazardous materials, traffic, and other issues. The analyses prepared for each potential impact category concluded that the proposed project would not have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly, following conformance with the existing regulatory framework and mitigation measures. c. The Commission shall make such other findings as deemed necessary to support approval or denial of the proposed use.
The Outbound Hotel “Villas” Project includes a Tentative Tract Map for the proposed subdivision of the existing twenty hotel units for condominium hotel purposes. The subsequent amendment to the Amended Phase One CSP includes the addition of a
Resolution No. 25-
definition for condominium hotel uses as well as operating standards that are consistent with the Municipal Code and the CSP operating standards. These clarifications to the Amended Phase One CSP will ensure that the condominium hotel units continue to be operated and used as transient rentals, thereby providing an alternative lodging option that promotes a mix of uses in a pedestrian-scaled environment at a scale and form appropriate to the neighborhood context and adjacent residential uses and forms.
SUBDIVISION MAP ACT FINDINGS
(State Map Act Section 66474)
a. The proposed map is consistent with applicable general and specific plans.
The proposed map is consistent with applicable 2007 General Plan, and with the subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) because the proposed subdivision of the five existing fourplex structures into twenty condominium hotel units that may be sold individually is a permitted use within Land Use area 2 of the Clear Water Specific Plan and is consistent with intended uses described in the General Plan Land Use designation for the CSP. The General Plan land use description for the CSP states that the designation is intended to create a visitor-oriented entertainment, retail, and lodging district with uses including hotels, and similar visitor accommodations along with supporting restaurants, retail and services. b. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
No additional development on the site is currently proposed. However, the existing design and improvements of the subdivision are consistent with the applicable General Plan and Clear Water Specific Plan because the CSP establishes minimum parcel size for the creation of new parcels within the CSP and allows for alternative parcel sizes to be established for condominium uses in accordance with the proposed development, and subject to the approval of a subdivision map and use permit. c. The site is physically suitable for the type of development.
The site is physically suitable for the type of development proposed because construction of the Amended Phase One CSP project is almost complete, and the five “Villa” structures already exist and are currently operated as traditional hotel units. The existing surface parking area located on the south side of the “Villas” can accommodate the twenty-one (21) parking spaces required to be dedicated for use by the twenty (20) proposed condominium hotel units.
The project site consists of approximately 6.1 acres and the proposed subdivision boundaries are situated so as to comply with the development standards of the CSP and the Municipal Code including minimum lot size, street access, snow storage, parking, utilities, and trash enclosure access. Additionally, since the subject “Villa” structures already exist and the site is an in-fill development, all utilities and access roadways have been improved and/or extended to service the Project area.
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d. The site is physically suitable for the proposed density of development.
The site is physically suitable for the proposed density of development because construction of the Amended Phase One CSP project is almost complete, and the proposed subdivision is only applicable to the five existing fourplex structures which are proposed to be converted from traditional hotel units to condominium hotel units. e. The design of the subdivision or the proposed improvements are not likely to cause substantial environment damage or substantially and avoidably injure fish or wildlife or their habitat.
The design of the subdivision is not likely to cause substantial environmental damage or substantially injure fish or wildlife because the project is not located within an environmentally sensitive area and because the CEQA Addendum that was prepared for the Amended Phase One CSP project supports the conclusion that the proposed project would not cause substantial environmental damage or substantially injure fish or wildlife. f. The design of the subdivision and types of improvements is not likely to cause serious health problems.
The design of the subdivision is not likely to cause serious public health problems because a CEQA Addendum was prepared for the scope of the Amended Phase One CSP development project, and identified applicable mitigation measures from the certified Clearwater Specific Plan Environmental Impact Report EIR (SCH# 2006062154) which have been included as conditions of approval to ensure health-related impacts are reduced to a less than significant level. No evidence has been submitted during the planning review process to indicate that the Project would cause any serious public health problems. All necessary public services are currently provided, or can be extended to, the site for those individuals occupying and using the proposed condominium hotel facilities. g. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision because all easements are shown on the tentative tract map and/or are required through the conditions of approval for the project. The proposed parcel configuration for the condominium hotel use can be accessed from Sierra Nevada Road and Laurel Mountain Road, which provides adequate street alignment and width to serve the project.
Resolution No. 25-
EXHIBIT “B”
Resolution No. 2025-
Case No. TTM 24-003 and UPA 24-004
CONDITIONS OF APPROVAL
STANDARD PLANNING DIVISION CONDITIONS
1. This approval authorizes the following:
a. The subsequent amendment to the 2021 Amended Phase One CSP document to modify the permitted uses for the Amended Phase One CSP by adding condominium hotel uses subject to a use permit and subdivision approval. The proposed amendment includes a definition for condominium hotel uses, adds development and operating standards applicable to condominium hotel uses, and removes language that excludes condominium hotel uses within the Amended Phase One CSP development.
b. Approval to subdivide the existing 20 units within the five (5) existing fourplex structures referred to as the “Villas” units into 20 condominium hotel units that may be sold individually.
This approval is not effective until Ordinance 25-__, adopting District Zoning Amendment 24-001, is effective.
2. The approved tentative tract map includes: Tentative Tract Map Plan Sheets 1-2, dated received by the Town on October 21, 2024. Drafts of the Reciprocal Easement Agreement (REA) and Exhibit A (Parking and Snow Storage), Exhibit C (Private Roadways and Paths of Travel) and Exhibit E (Shared Utilities Plan) were dated received by the Town on November 27, 2024. Prior to final map approval and recordation, the final REA and associated exhibits shall be reviewed and approved to the satisfaction of the Engineering Manager and Public Works Director.
3. This permit and all rights hereunder shall automatically terminate unless the Final Map is approved within two years after the issuance of this permit, or an extension of time has been granted in accordance with Municipal Code §17.60.060.B.
4. All new improvements constructed on the site shall be in compliance with all Town of Mammoth Lakes, County of Mono, Mammoth Community Water District, the Mammoth Lakes Fire Protection District, the CRWQCB Lahontan District, Great Basin Air Pollution Control District, OSHA, State of California and United States of America laws, statutes, ordinances, regulations, directives, orders, and the like applicable thereto and in force at the time thereof. Any violation of the above may constitute grounds for revocation under Chapter 17.128 of the Mammoth Lakes Municipal Code.
5. This resolution of approval, as conditioned herein, shall be recorded for the subject
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property by the Mono County Recorder’s Office to commence the approved use on the property or the issuance of any building permits for new or remodeled structures.
6. The site shall be maintained in a neat, clean and orderly manner. All improvements shall be maintained in a condition of good repair and appearance. Outdoor storage of equipment and other materials, except for firewood, is prohibited. Non-operating vehicles, equipment and materials inappropriate to the site and its use shall not be stored within outdoor areas on the site.
7. Storage of construction materials and equipment off-site shall not be permitted without a permit issued by the Community and Economic Development Department of the Town. Any public or private property altered, damaged or destroyed by site preparation, grading, construction or use shall be restored to its pre-existing condition by the permittee.
8. All uses are subject to review by the Building Official of the Town of Mammoth Lakes and must conform to occupancy ratings of the structures to obtain occupancy.
9. Town staff shall have the right to enter the subject property to verify compliance with these conditions. The holder of any permit associated with this project shall make the premises available to Town staff during regular business hours and shall, upon request make records and documents available to Town staff as necessary to evidence compliance with the terms and conditions of the permit.
10. Prior to the issuance of a certificate of occupancy, the applicant shall pay all applicable fees as prescribed by ordinance and/or resolution and pay any fees due on the project processing account.
11. Where compliance with the conditions of approval or applicant-initiated changes to the plans require additional staff review, that review time shall be billed at the Town’s established billing rates. Prior to the issuance of a building or grading permit, the applicant shall pay all outstanding costs for the processing of this application.
12. This action may be appealed to the Town Council within fifteen (15) calendar days from the date of Planning and Economic Development Commission approval in accordance with Municipal Code Chapter 17.104.
13. Pursuant to Government Code Section 66474.9 the subdivider shall defend, with counsel selected by the Town, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town and its agents, officers, or employees to attack, set aside, void, or annul, an approval of the Town, advisory agency, appeal board, or legislative body concerning this approval, which action is brought within the time period provided for in Government Code Section 66499.37. The Town shall promptly notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the defense.
Resolution No. 25-
14. All exterior lighting shall comply with Chapter 17.36.030 of the Town of Mammoth Lakes Municipal Code, Exterior Lighting. Exterior light fixtures having a total of over 400 lumens of output shall be equipped with shields that extend below the horizontal plane of the light source to direct the light downward onto the structure or surrounding grounds. Accent lighting is permitted as described in Municipal Code Section 17.36.030.F.6. This shall be verified prior to issuance of a certificate of occupancy.
15. New or changed improvements, exterior illumination, elevations, designs, materials, or colors shall conform to the adopted Design Guidelines of the Town of Mammoth Lakes and will require review and approval from the Town of Mammoth Lakes Community and Economic Development Department or Planning and Economic Development Commission pursuant to Municipal Code Chapter 17.88.
16. All conditions of approval shall be printed verbatim on all of the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the index.
17. The project shall meet the requirements of Municipal Code Chapter 17.40 (Water Efficient Landscape Regulations). All landscape plantings shall be maintained in a healthy and growing condition at all times (as applicable for the season) and individual plants shall be replaced if they become diseased or die. Landscaping and irrigation systems within the public right-of-way within or adjacent to the project area shall be maintained by the property owner, with the exception of benefit assessment district areas.
18. Developers of residential properties shall include a disclosure statement indicating that Mammoth Lakes is an area of habitat for Mountain Lions, which indicates potential risk, particularly to small children and pets. (General Plan Mitigation Measure 4.3-1)
SPECIAL PLANNING DIVISION CONDITIONS
19. The Mitigation Monitoring and Reporting Program (MMRP) established by the Clearwater Specific Plan Final EIR and 2016 Addendum (SCH No. 2006062154) shall be adhered to in the implementation and operation of the proposed use and is incorporated herein by reference.
20. Any future changes to the CC&Rs for the Outbound “Villas” condominium hotel units which relates to a Town condition of approval for the Subdivision Map, may not be amended without the prior written consent of the Town Community and Economic Development Director and Public Works Director. Inclusion of this condition in the final CC&Rs shall be verified by the Town prior to recordation of the final map and CC&Rs.
21. The required trash enclosure shall be maintained in good condition and dumpsters shall be stored within the trash enclosure. Adequate space for recyclable materials
Resolution No. 25-
shall be provided within the enclosure. All trash enclosures, and receptacles shall be animal resistant.
22. No snow shall shed or be deposited onto adjacent properties or Town right-of-way.
This shall include snow that is removed from any portion of the property, including, but not limited to, the structure, driveway, and/or common areas. All interim snow storage areas shall be on the subject property. The property owner shall be subject to fines pursuant to Municipal Code §12.16.030 (Snow Removal – Violation/Penalty) if found to be in violation of this condition.
23. A key box shall be provided with an individual master key that provides access to each unit.
ENGINEERING DIVISION CONDITIONS
STANDARD CONDITIONS / GENERAL REQUIREMENTS:
24. A final map, consistent with the tentative map and the conditions herein, shall be recorded with the County Recorder of Mono County prior to the expiration of the approved tentative map. The final map shall conform to the Subdivision Map Act and the Subdivision Ordinance for the Town of Mammoth Lakes. The tentative map shall expire 24 months after the approval date. Failure to submit to the Town a complete application for approval and recording of the final map prior to the tentative map expiration will nullify all approvals, except as such time limitation may be extended by law or by the Planning and Economic Development Commission in accordance with the Subdivision Map Act.
25. Nothing in the approval of this project shall be construed to allow for the deviation, adjustment, variance or non-conformance of any Municipal Code or ordinance, or of any local, State, or federal standard, policy, regulation or law, unless specifically provided for herein.
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO
APPROVAL BY STAFF OF THE FINAL MAP:
26. The final map shall conform to the requirements of Town of Mammoth Lakes Ordinance 84-10 and all amendments thereto.
27. As required by the Town’s Subdivision Ordinance Section 17.20.160 and the most recent Town Council Resolution adopting a Schedule of Fees, the applicant shall pay a fee for each unit, parcel or lot, including lettered lots and parcels and common area lots or parcels created, to the Community and Economic Development Department for long range planning reimbursement prior to approval by staff of the final map.
28. Final map application submittal to the Town shall include a copy of the current grant deed, a preliminary title report dated within the past 30 days, copies of all exceptions, easements, restrictions and encumbrances listed in the preliminary title
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report, a copy of each record map for the subject property shown within the tentative map boundary, and a copy of each and every adjacent map, deed or other document as necessary that establish, or were used for the survey of, and for the retracement of the subdivision boundary.
29. All easements and dedications as shown on the tentative map shall be granted on the final map or recorded by separate document prior to or concurrent with recordation of the final map. Easements shown on the tentative map to be granted or dedicated shall indicate the beneficiary of the easement(s). Easements shown on the tentative map to the benefit of an agency other than the Town or to other parties shall be shown on the final map as “Easements Reserved”. The owner’s statement on the final map shall reserve said easements unto themselves, their heirs and assigns.
30. Easements, dedications and other documents that are required to be recorded by separate document prior to or concurrent with the recordation of the final map shall be in a form and with content acceptable to the Town’s Engineering Manager and Public Works Director and shall be submitted to the Town for review and approval.
Upon Town approval, the original fully executed, notarized documents shall be submitted to the Town prior to approval of the final map.
31. The CC&Rs and Reciprocal Easement Agreement (REA) shall contain provisions granting rights of access and parking, as necessary, to the owners, tenants, and their guests, of the condominium units.
32. Existing CC&Rs, if any, encumbering the property shall be amended as necessary for the proposed development of this project.
33. Applicant shall submit a request for unit, building and street addressing to the Public Works Department. Approval of the addressing shall be completed prior to approval of the final map by staff.
34. Applicant shall provide evidence to the Town that all property taxes have been prepaid to the Mono County Tax Collector or their payment has been secured by the filing of a surety bond or other cash-equivalent security acceptable to the County prior to approval of the final map by staff.
35. Applicant shall submit to the Town a subdivision guarantee, issued within 30 days prior to approval of the final map by staff.
36. Applicant shall install monumentation of the subdivision in accordance with the Subdivision Ordinance of the Town, Ordinance 84-10. Upon approval of the Town Surveyor and Public Works Department, a form of security listed in Government Code Section 66499(a) shall be posted with the Town in a form acceptable to the Town Surveyor for any deferred final monumentation for the final map. The estimated amount of the surety shall be prepared by the licensed land surveyor preparing the final map and shall be approved by the Town Surveyor. The estimates shall be at prevailing wage rates and shall include 20% for construction
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contingencies and 20% for administrative costs.
37. The final condominium plans for the project shall be submitted to the Town for review for conformance with the approved development plan, tentative map, CC&Rs and REA. The condominium plans shall conform to the conditions of approval with respect to ownership of required appurtenant use areas. Recordation of the condominium plans shall not occur prior to Town approval of the condominium plans.
38. Within 30 days after approval of and prior to recording of the final map by the Planning and Economic Development Commission, the applicant shall submit to the Town an electronic file of the final map with coordinate system and format as may be approved by the Public Works Director.
SPECIAL ENGINEERING CONDITIONS
39. The Reciprocal Easement Agreement (REA) is required to grant condominium owners rights to public street access, 21 parking spaces, snow removal and storage, utilities, and trash enclosure, and shall be written to the satisfaction of, and approved by, the Town’s Engineering Manager and Public Works Director prior to final map approval by staff. The REA shall include a provision that any future changes to the REA shall be approved by the Town, and that the parties to the REA may not oppose changes required by the Town.
40. The Property’s 30-room contribution to the Town’s Transit and Transportation Fee Community Facility District (Transit CFD 2013-03) shall be split such that each of the 20 condominium units is responsible for 1 share, and the resort is responsible for the remaining 10 shares.
41. The Property’s contribution to the Town’s Old Mammoth Road Benefit Assessment District (OMR BAD 2002-01) shall be split on a per-room basis such that each of the 20 condominium units is responsible for 1 room’s share and the resort is responsible for the remaining 159 rooms’ shares.
42. The Property’s contribution to the Town’s Maintenance Community Facility District (Maint CFD 2023-1) shall be split on a per-room basis such that each of the 20 condominium units is responsible for 1 room’s share and the resort is responsible for the remaining 159 rooms’ shares.
SPECIAL DISTRICT CONDITIONS - MCWD
43. The domestic water supply for the 20 condominium hotel units shall be privately sub-metered, per Senate Bill 7, (SB7), to the satisfaction of the Mammoth Community Water District (MCWD). Installation of the submeters shall be in accordance with manufacturers’ specifications, comply with the California Plumbing Code, and is subject to testing by MCWD and approvals. A separate Connection Permit from MCWD is required. The submeters shall be capable of being accessed and read by the homeowners, tenants of the dwelling unit, and read
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by the newly developed Old Mammoth Road Residences Owners’ Association without entering the dwelling unit. It is the property owner’s responsibility to operate and maintain these submeters and reporting requirements. Meters shall be re-inspected and recalibrated within the time limits specified in law and/or regulations.
ATTACHMENT 3
Tentative Tract Map Plan Sheets
Full size 24"x36" plans available at the Town offices for review
PROJECT
SITE
ATTACHMENT 4
2021Addendum to the Clearwater
Specific Plan EIR
SUBMITTED BY
MICHAEL BAKER INTERNATIONAL
Sierra Nevada Resort Amendment
ADDENDUM TO THE CLEARWATER SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT
OCTOBER 2021
This document is designed for double-sided printing to conserve natural resources.
ADDENDUM TO THE CLEARWATER SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT
Sierra Nevada Resort Amendment
October 2021
Lead Agency:
Town of Mammoth Lakes
437 Old Mammoth Road, Suite 230
Mammoth Lakes, California 93546
Contact: Mr. Chandler Van Schaack, AICP
Senior Planner
Phone: (760) 965-3637
Email: [email protected]
This document is designed for double-sided printing to conserve natural resources.
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
i October 2021
TABLE OF CONTENTS
1.0 Introduction ..................................................................................................................... 1
1.1 Project Location and Existing Conditions .............................................................. 1
1.2 Previous Environmental Documents ..................................................................... 4
2.0 Description of Project Modifications ............................................................................. 9
2.1 Addendum’s Purpose and Need ........................................................................... 9
2.2 Location of Project Modifications ......................................................................... 10
2.3 Components of Project Modifications .................................................................. 10
3.0 Environmental Assessment ......................................................................................... 11
3.1 Land Use ............................................................................................................. 11
3.2 Aesthetics/Light and Glare .................................................................................. 12
3.3 Traffic and Circulation ......................................................................................... 15
3.4 Air Quality ............................................................................................................ 17
3.5 Noise ................................................................................................................... 20
3.6 Utilities and Service Systems .............................................................................. 22
3.7 Energy ................................................................................................................. 23
3.8 Wildfire ................................................................................................................ 23
4.0 Determination/Addendum Conclusion ........................................................................ 24
5.0 Addendum Preparation Sources/References ............................................................. 24
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
ii October 2021
LIST OF EXHIBITS
Exhibit 1-1 Regional Vicinity....................................................................................................2 Exhibit 1-2 Site Vicinity............................................................................................................3 Exhibit 1-3 Approved 2008 EIR CUP ......................................................................................6 Exhibit 1-4 Approved 2009 Old Mammoth Place CUP............................................................7 Exhibit 1-5 Approved 2016 Old Mammoth Place CUP Amendment........................................8
LIST OF APPENDICES
A – VMT Assessment
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
1 October 2021
1.0 INTRODUCTION
The proposed project is located within an area covered by The Clearwater Specific Plan (Specific Plan). The Specific Plan was adopted by the Town of Mammoth Lakes (Town) on January 21, 2009, for the development of a new, pedestrian oriented, mixed-use, resort destination development (herein referenced as the “Specific Plan Development Scenario”) located in the North Old Mammoth Road District of the Town. The Town, as the Lead Agency under the California Environmental Quality Act (CEQA), determined that an Environmental Impact Report (EIR) was required for the Specific Plan prior to adoption.
Following approval of the Specific Plan and Specific Plan EIR, a Conditional Use Permit (CUP) was approved by the Town for the project site on March 10, 2010 (2009 Old Mammoth Place CUP). As part of this process, the Town’s Community and Economic Development Department prepared a CEQA Conformance Analysis to confirm if the proposed CUP was consistent with what was analyzed as part of the Specific Plan Final EIR. The 2009 Old Mammoth Place CUP included Use Permit Application (UPA) 09-003 and Vesting Tentative Tract Map (VTTM) 09-003.
In 2016, the Applicant requested approval of modifications to the 2009 Old Mammoth Place CUP (the 2016 Old Mammoth Place CUP Amendment). At that time, a CEQA addendum to the Clearwater Specific Plan (2016 Addendum) was prepared to confirm if the proposed modifications were consistent with what was analyzed as part of the Specific Plan Final EIR. The Old Mammoth Place CUP Addendum was approved in 2016.
Since that time, development of the project site, as anticipated in the Specific Plan and the 2016 Old Mammoth Place CUP Amendment, has not occurred. At this time, the Applicant is requesting appropriate entitlements to allow for an interim development (“Amended Phase One”) to be constructed at the project site, while preserving the existing Specific Plan allowances for the potential future development per the approved 2016 Old Mammoth Place CUP Amendment.
These changes for implementation of an Amended Phase One (referenced as the proposed Sierra Nevada Resort Amendment, or project) are the subject of this 2021 Addendum to The Clearwater Specific Plan EIR.
1.1 PROJECT LOCATION AND EXISTING CONDITIONS
The Town of Mammoth Lakes is located in the eastern portion of the Sierra Nevada Range, within southwestern Mono County, California; refer to Exhibit 1-1, Regional Vicinity. Regional access to the town is provided via U.S. Highway 395, which is approximately three miles east. Mammoth Lakes is served primarily by State Route 203, which acts as a connector to U.S. 395.
The approximate 6.1-acre site is located to the west of Old Mammoth Road and is surrounded on the remaining three sides by Sierra Nevada Road to the south, Laurel Mountain Road to the west, and the Mammoth Mall and Krystal Villa East condominiums to the north; refer to Exhibit 1-2, Site Vicinity. The Specific Plan area consists of three parcels (Accessor Parcel Numbers [APN] 35- 230-05, 35-230-06, and 35-230-07).
The site is currently developed with commercial uses, which include the Sierra Nevada Resort and Spa and Frosty’s Miniature Golf (both located at 202 Old Mammoth Road), Rafters Restaurant and Lounge (164 Old Mammoth Road), and a second restaurant building occupied by Red Lantern downstairs and Jimmy’s Taverna upstairs (248 Old Mammoth Road).
LAKE
TAHOE
MONO
LAKE
STANISLAUS
COUNTY
SAN
JOAQUIN
COUNTY
CALAVERAS
COUNTY
SACRAMENTO
COUNTY
BUTTE
COUNTY
LASSEN
COUNTY
PLUMAS
COUNTY
NEVADA
SIERRA
COUNTY
NEVADA
COUNTY
PLACER
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EL DORADO
COUNTY
AMADOR COUNTY
ALPINE
COUNTY
YUBA
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TUOLUMNE
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MONO
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INYO
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MERCED
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MARIPOSA
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MADERA
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FRESNO
COUNTY
5 5
80 80
132
108
104
124
120 120
120
167
270
168
182
120
108
267
193
140
140 165
49 49
41 49
88 16
65 26 4
49 49
49 49
88 88
4 26
12 36
20 20
59 99
99 70
70 89
89 89
28 89
89 33
50 395
395
50 395
395
Modesto 6
Turlock
Manteca
Lodi
Twain
Harte Angels
Camp
Sonora
Oakdale
Merced
Mariposa
Atwater
Grass
Valley
Roseville
SACRAMENTO
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Galt
Elk Grove
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Andreas
Sutter
Creek
Placerville
South
Lake
Tahoe
Coleville
Bridgeport
June
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Mammoth
Lakes
Bishop
Lee
Vining
Minden
Tahoe
City
Nevada Truckee City
Folsum
Reno Sparks
Carson
City
Downeyville
Greenville
Quincy
Mohawk
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Chester
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Ione Jackson
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Gardnerville
Project
Site
SIERRA NEVADA RESORT AMENDMENT
2021 ADDENDUM TO THE CLEARWATER SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT
Exhibit 1-1
Regional Vicinity
NOT TO SCALE
09/2021 JN186150
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
4 October 2021
The Sierra Nevada Resort and Spa is an L-shaped building situated at the north and west sides of the project site. Two detached buildings owned and used by the hotel are located north of Frosty’s Miniature Golf, which occupies the center portion of the site. Rafters Restaurant and Lounge is located at the central east side of the site. The two-story wooden restaurant building occupied by Red Lantern (currently closed) and Jimmy’s Taverna (currently operating) is located at the southeastern corner of the site. Existing vegetation includes approximately 33 trees and ornamental landscaping around the perimeters of the site and buildings. The remainder of the site consists of a surface parking lot serving the hotel and restaurants.
To the east of the project site, across Old Mammoth Road, is the Sierra Manor condominium project (zoning designation of Old Mammoth Road [OMR]). To the south, across Sierra Nevada Road, is the Sierra Park Villas condominiums (zoning designation of Residential Multi-Family [RMF-2]). Across Laurel Mountain Road to the west is the Laurel Mountain Professional Center, L‘Abri residential condos, an unnamed apartment building, and the Sierra Park Apartments (zoning designation of OMR). To the north of the site, are the Krystal Villa East condominiums (zoning designation of OMR) and the Mammoth Mall (zoning designation of Downtown [D]), which houses business offices and retail establishments.
1.2 PREVIOUS ENVIRONMENTAL DOCUMENTS
Clearwater Specific Plan and EIR
The Clearwater Specific Plan was adopted by the Town on January 21, 2009, for the development of a new, pedestrian oriented, mixed-use resort destination development located in the North Old Mammoth Road District of the town. The Town, as the Lead Agency under the CEQA, determined that an EIR was required for the Specific Plan prior to adoption. The EIR was prepared in conformance with CEQA (California Public Resources Code [PRC] Section 21000 et seq.); CEQA Guidelines (California Code of Regulations [CCR], Title 14, Section 15000 et seq.); and the rules, regulations, and procedures for implementation of CEQA, as adopted by the Town. The purpose of the EIR was to review the existing conditions, analyze potential environmental impacts, and identify feasible mitigation measures to reduce potentially significant effects of the Specific Plan.
The Draft Environmental Impact Report (Draft EIR) for the Specific Plan was distributed to responsible and trustee agencies, interested groups, and organizations. The Draft EIR (SCH# 2006062154) was made available for public review and comment for a period of 45 days. The public review period for the Draft EIR established by the CEQA Guidelines commenced on December 15, 2006 and ended January 29, 2007. A public scoping meeting for the Draft EIR was held on January 24, 2007, at the Town Council Chambers, in order to gather information on concerns and issues that the general public may have regarding the Specific Plan and Draft EIR.
The Draft EIR focused primarily on changes in the environment that would result from the Specific Plan. The Draft EIR identified potential impacts that would result from the construction and operation of the Specific Plan and provided measures to mitigate potential significant impacts. Those impacts that cannot be mitigated to less than significant levels were also identified.
After publication of the Draft EIR, the project Applicant submitted minor modifications to the project, which were reflected in the Final EIR for the Specific Plan (Specific Plan Final EIR). The project modifications proposed considered a 308-unit (480 room) condominium hotel with 18,000 square feet of retail and restaurant commercial uses and 11,900 square feet of recreation uses and ranged
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
5 October 2021
in height from 35-65 feet. The condominium hotel also included 32 dwelling units for workforce housing and 8,000 square feet for conference space; refer to Exhibit 1-3, Approved 2008 EIR CUP.
Specific Plan Final EIR Section 2.0, Revisions to Information Presented in the Draft EIR, documented these project changes prior to certification of the Specific Plan Final EIR. Per this analysis, these revisions did not change the conclusions presented in the December 2006 Draft EIR. The revised Specific Plan Final EIR development scenario was determined to not create any new significant impacts or create the need for additional mitigation. On January 7, 2009, the Town Council adopted the Final Clearwater Specific Plan and certified the Specific Plan Final EIR. 2009 Old Mammoth Place CUP and CEQA Conformance Review
Following approval of the Final Clearwater Specific Plan and Specific Plan Final EIR, a CUP was approved by the Town on March 10, 2010 (2009 Old Mammoth Place CUP). The 2009 Old Mammoth Place CUP included a 332-unit (488 room) condominium hotel with 36,964 square feet of retail and restaurant commercial uses and 75,425 square feet of recreation uses. The condominium hotel also included 8 dwelling units for workforce housing and 9,582 square feet for conference space; refer to Exhibit 1-4, Approved 2009 Old Mammoth Place CUP, which illustrates the proposed development scenario under the 2009 Old Mammoth Place CUP. Prior to approval of the 2009 Old Mammoth Place CUP, the Town underwent a CEQA Conformance Review in February 2010, in order to verify if the proposed CUP was consistent with the analysis presented in the Specific Plan Final EIR, or if additional CEQA Clearance Documentation was necessary.
The 2009 Old Mammoth Place CUP proposed only minor differences compared to the project described in the Specific Plan Final EIR. Further, the proposed amendment to the Specific Plan included minor administrative changes to clarify definitions presented in the Specific Plan. As such, the CEQA Conformance Review determined that the 2009 Old Mammoth Place CUP would result in similar impacts to land use and relevant planning, aesthetics/light and glare, traffic and circulation, air quality, noise, utilities service systems, as well as long-term implications. Mitigation measures recommended within the CEQA Conformance Review are the same as those presented in the Final EIR. Based on the findings presented in the CEQA Conformance Review, it was concluded that the 2009 Old Mammoth Place CUP project would not result in substantial changes compared to the development scenario analyzed in the Specific Plan Final EIR. 2016 Old Mammoth Place CUP Amendment and Addendum to the Clearwater Specific Plan In 2016, the Applicant requested approval of modifications to the approved CUP (2016 Old Mammoth Place CUP Amendment), which required discretionary action by the Town; Exhibit 1-5, Approved 2016 Old Mammoth Place CUP Amendment. Discretionary action included approval of a CEQA addendum to the Specific Plan Final EIR to confirm if the proposed modifications were consistent with what was analyzed as part of the EIR. Proposed changes included amendments to the Specific Plan to increase the allowed building heights and removal of on-site workforce housing.
The 2016 Old Mammoth Place CUP Amendment and CEQA Addendum were approved in 2016.
SIERRA NEVADA RESORT AMENDMENT
2021 ADDENDUM TO THE CLEARWATER SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT
Exhibit 1-3
Approved 2008 EIR CUP
NOT TO SCALE
09/2021 JN186150
Source: The Landau Partnership; June 20, 2008.
SIERRA NEVADA RESORT AMENDMENT
2021 ADDENDUM TO THE CLEARWATER SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT
Exhibit 1-4
Approved 2009 Old Mammoth Place CUP
NOT TO SCALE
10/2021 JN186150
Source: Triad/Holmes Associates, February 2, 2010.
SIERRA NEVADA RESORT AMENDMENT
2021 ADDENDUM TO THE CLEARWATER SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT
Exhibit 1-5
Approved 2016 Old Mammoth Place CUP Amendment
NOT TO SCALE
10/2021 JN186150
Source: Triad/Holmes Associates, February 2, 2010.
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
9 October 2021
Sierra Nevada Resort Amendment and 2021 Addendum to the Clearwater Specific Plan Since that time, development of the project site, as anticipated in the Specific Plan and the 2016 Old Mammoth Place CUP Amendment, has not occurred. At this time, the Applicant is requesting appropriate entitlements to allow for an interim development to be constructed at the project site, while preserving the existing Specific Plan allowances for the potential future development per the approved 2016 Old Mammoth Place CUP Amendment (the proposed Sierra Nevada Resort Amendment, or project). The Town has determined that an addendum to the Specific Plan Final EIR is required to allow for development of the Sierra Nevada Resort Amendment.
For the purpose of the analysis presented in this 2021 Addendum to the Clearwater Specific Plan, the proposed project modifications are compared to the 2016 Old Mammoth Place CUP Amendment development scenario.
2.0 DESCRIPTION OF PROJECT MODIFICATIONS
2.1 ADDENDUM’S PURPOSE AND NEED
When an EIR has been certified or a negative declaration adopted for a project, no subsequent or supplemental environmental review documentation shall be required unless one or more of the following events occurs:
1) Substantial changes are proposed in the project, which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
10 October 2021
effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
When none of the above events has occurred, yet minor technical changes or additions to the previously adopted EIR or negative declaration are necessary, an addendum may be prepared (State CEQA Guidelines Section 15164[b]).
As discussed below, none of the conditions described in State CEQA Guidelines Section 15162 calling for preparation of subsequent environmental review has occurred. This Addendum supports the conclusion that the proposed project modifications are minor technical changes that do not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In addition, as discussed below, the proposed project modifications would not result in any new or substantially increased significant environmental impacts, new mitigation measures, or new alternatives that would substantially reduce significant impacts. As a result, an addendum is an appropriate CEQA document for analysis and consideration of the proposed project modifications.
Circulation of an addendum for public review is not necessary (State CEQA Guidelines Section 15164, subdivision (c)); however, the addendum must be considered in conjunction with the adopted Specific Plan Final EIR and 2016 Addendum by the decision-making body (State CEQA Guidelines Section 15164, subdivision (d)).
2.2 LOCATION OF PROJECT MODIFICATIONS
The proposed project modifications would apply to the same 6.1-acre project site identified and described in the Specific Plan Final EIR and 2016 Addendum. The project site is comprised of three parcels located at 164, 202, and 248 Old Mammoth Road, at the northwest corner of Old Mammoth Road and Sierra Nevada Road, in Mammoth Lakes, California.
2.3 COMPONENTS OF PROJECT MODIFICATIONS
The Applicant proposes to amend the Specific Plan in order to allow for the interim development (Amended Phase One) of 30 hotel cabins in the southern portion of the project site. Other improvements would include upgrades to the interior and exterior areas of the existing Sierra Nevada Resort and Spa and Rafters Restaurant and Lounge.
The new interim development scenario would include the following components:
• Demolition of the existing restaurant building at the southeast corner of the site and the construction of up to 30 new hotel lodging cabins, to be rented out by the existing hotel.
The cabins would be “tiny home-style” cabins, up to 35 feet in height, situated in the central and southern portions of the project site. Specifically, single cabins would be up to 25 feet in height, and duplex, triplex, and four-plex cabins would be up to 35 feet in height. • Interior and exterior hotel amenity improvements would be constructed. Interior improvements would be made to the existing on-site Sierra Nevada Resort and Spa and Rafters Restaurant and Lounge. Exterior improvements would include a public open space/event area at the southeast corner of the site, relocation of the existing pool to the central portion of the project site, upgrades to amenity areas (including expanded outdoor seating and lawn game areas). Outdoor amenities may include casual gathering spaces
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
11 October 2021
with fixed and/or flexible seating, a terraced lawn, hammocks, firepits, gazebo, volleyball court, cornhole, bocce ball, private pool, and spa amenities, etc. Exterior improvements would also include the creation of a public food garden corridor (dining area) along Old Mammoth Road, which could accommodate one or more food trucks on-site. • The proposed modifications would eliminate the southernmost driveway along Old Mammoth Road; and relocate the existing driveway along Sierra Nevada Road from its current location to the center of the site. Additionally, it is acknowledged that proposed sidewalk improvements along Laurel Mountain Road allowed per the existing Specific Plan would be required to be constructed as part of this Amended Phase One.
Proposed landscaping would include the preservation of existing trees wherever possible, as well as the planting of new canopy, evergreen, and flowering trees throughout the site. Understory planting would include a mix of native grasses, perennials, and shrubs that would complement the native ecology of the region.
• Create a new public park and, potentially, an events pavilion at the corner of Old Mammoth Road and Sierra Nevada Road to accommodate community festivals and events; and • The project would also restripe the existing 225-space surface parking lot to accommodate 182 parking spaces total.
• Appropriate utility connections would be installed, connecting the new cabins to water, sewer, electrical, gas, and telecommunications.
It is acknowledged that this analysis assumes that the Amended Phase One development and associated utilities would be demolished prior to developing the full development scenario outlined as part of the 2016 Old Mammoth Place CUP Amendment.
3.0 ENVIRONMENTAL ASSESSMENT
As discussed in Section 1.2, Previous Environmental Documents, for the purposes of this analysis, the proposed project modifications are compared to the certified Final EIR development scenario and/or the certified 2016 Old Mammoth Place CUP Amendment development scenario. Potential environmental impacts resulting from the proposed project, as compared to the development scenario presented in the certified Final EIR and Addendum for the Specific Plan, are presented below for each environmental topic area considered in the certified Final EIR. Implementation of the proposed project would not require any new mitigation measures compared to those recommended in the Final EIR and/or Addendum. Mitigation measures recommended within this analysis are the same as those presented in the Final EIR and only include those applicable to the proposed project modifications.
3.1 LAND USE
The Final EIR determined that potential impacts to land use and relevant planning would be significant and unavoidable due to conflict with policies in the 1987 Town of Mammoth Lakes General Plan related to the obstruction of existing views and exceedance of maximum site coverage. The 2016 Addendum concluded that the requested modifications to the project would not result in substantial changes compared to the development scenario analyzed in the Final EIR.
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
12 October 2021
The project site is designated Clearwater Specific Plan (CSP) under the Town of Mammoth Lakes General Plan (General Plan) and zoned Clearwater Specific Plan under the Town’s Zoning Map.
The revised project proposes an interim development of 30 hotel cabins in the southern portion of the project site and several other site improvements and amenities (Amended Phase One).
This analysis assumes that all development associated with Amended Phase One would be demolished prior to developing the full development scenario outlined in the 2016 Old Mammoth Place CUP Amendment. As such, the revised project would require a Specific Plan Amendment to allow the proposed Amended Phase One.
The proposed Specific Plan Amendment includes development standards specific to the Amended Phase One development scenario. As such, Amended Phase One would be required to comply with the proposed standards, including land use type (i.e., hotel cabins), building height, restaurant and event space square footage, minimum setbacks, minimum building separation distance, parking space requirements, minimum snow storage area, and minimum open space/landscaping. Although Amended Phase One would allow for an interim development not previously analyzed in the Final EIR or 2016 Addendum, the revised project would be consistent with the Town’s vision and goals for the project site as detailed in the Specific Plan. Specifically, the Amended Phase One would contribute towards creating a pedestrian-oriented mixed-use corridor along Old Mammoth Road, providing a blend of hotel, restaurant/event space, and a venue for a variety of community activities and events (i.e., the proposed public park, food and beverage garden, and food truck venue). The 30 additional hotel cabins would provide places to stay for Town visitors and the site improvements and amenities would revitalize the site’s existing character and enhance the Town’s overall character as a destination resort community. The Specific Plan would also be amended in various sections to allow the Amended Phase One development scenario. Thus, upon adoption by the Town, the project would be consistent with the Specific Plan, as amended.
Overall, the revised project would not result in any additional land use impacts that were not previously considered and addressed in the Final EIR and 2016 Addendum.
Mitigation Program
No mitigation measures were found to be feasible in the Final EIR or 2016 Addendum for this topic area, and no new measures are feasible.
3.2 AESTHETICS/LIGHT AND GLARE
The certified Final EIR determined that despite the implementation of recommended mitigation measures, the previously analyzed project would result in significant and unavoidable construction impacts as the surrounding residential areas would be exposed to the visually related impacts of construction activities. Additionally, long-term visual/aesthetic impacts due to increased building heights, removed mature vegetation, increased hardscape features, and view obstruction would remain significant and unavoidable following implementation of recommended mitigation measures. Further, the 2016 Addendum concluded that the 2016 Old Mammoth Place CUP Amendment would be similar to those identified in the Final EIR. Similar to the Final EIR, shade/shadow impacts would remain significant and unavoidable. Construction of the project would involve demolition, site preparation, construction, and phasing similar to what was identified in the Final EIR. Thus, short-term construction impacts would not be increased, compared to that analyzed in the Final EIR. The Final EIR Mitigation Measures AES-1 through AES-15 would still be applicable to the 2016 Old Mammoth Place CUP Amendment.
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
13 October 2021
Development of the Amended Phase One would include demolition of the existing restaurant located at the southeast corner of the site and the construction of 30 hotel cabins. The cabins would be “tiny home-style” cabins, up to 35 feet in height, situated in the central and southern portions of the project site. Specifically, single cabins would be up to 25 feet in height, and duplex, triplex, and four-plex cabins would be up to 35 feet in height. Interior and exterior improvements to hotel amenities are also proposed for the existing Sierra Nevada Resort and Spa and Rafters Restaurant and Lounge. Additionally, construction of an outdoor food garden (dining area) along Old Mammoth Road is proposed, which could accommodate one or more food trucks on-site. The Amended Phase One would create a new public park and, potentially, an events pavilion at the corner of Old Mammoth Road and Sierra Nevada Road to accommodate community festivals and events as well.
The Amended Phase One would appear similar in character to the existing on-site hotel and surrounding community. Proposed cabins would range from 25 to 35 feet in height, similar to existing structures in the area. The 2016 CUP Amendment considered on-site building heights ranging from 35 to 65 feet in height. As such, the Amended Phase One development (up to 35 feet in height) would not result in increased resultant view blockage to the surrounding mountains and hillsides, compared to that analyzed in the certified Final EIR and 2016 Addendum. Resultant shadow patterns would be similar in character to the existing surrounding community.
Construction of the project would involve demolition, site preparation, and construction similar to the extent of what was identified in the certified Final EIR and 2016 Addendum. The Amended Phase One development would also include interior and exterior lighting for security, parking, signage, landscaping, street lighting, and interior lighting of the proposed structures, although to a lesser extent than the full development considered as part of the Specific Plan. Implementation of the Final EIR certified Mitigation Measures AES-13 and AES-14 (as amended in the 2016 Addendum) would still be required in order to reduce light and glare impacts. As such, the intensity of operational lighting impacts would be reduced compared to that analyzed in the certified Final EIR and 2016 Addendum.
Overall, the proposed project would result in fewer aesthetic/light and glare impacts, compared to that considered in the certified Final EIR and 2016 Addendum. Notwithstanding, the Amended Phase One would still be required to comply with the certified Mitigation Measures AES-1 through AES-14. With implementation of certified mitigation, the Amended Phase One would not result in any new or potentially adverse aesthetics/light and glare impacts not previously considered and addressed.
Mitigation Program
The Final EIR Mitigation Program, as amended by the 2016 Addendum, includes measures to reduce significant and unavoidable impacts associated with the previously approved project to the extent feasible. The following measures from the certified Final EIR and 2016 Addendum would also be applicable to the proposed project. Any modifications to the original measures are shown in strikethrough for deleted text and new, inserted text is underlined.
Applicable Mitigation Measures
AES-1 Construction equipment staging areas shall use appropriate screening (i.e., temporary fencing with opaque material) to buffer views of construction equipment and material, when feasible. Staging locations shall be indicated on Final Development Plans and Grading Plans. Old Mammoth Place Addendum, 2016.
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
14 October 2021
AES-2 A grading plan shall be submitted concurrently with the development plans and shall be approved through the design review process by the Planning & Economic Development Commission. All grading and earthwork activities must be conducted in accordance with an approved construction grading plan and grading permit issued by the Mammoth Lakes Public Works Department. All grading plans must meet Lahontan Regional Water Quality Control Board standards for interim and permanent erosion control measures. Old Mammoth Place Addendum, 2016.
AES-3 The applicant shall prepare and submit a construction hauling plan to be reviewed and approved by the Community & Economic Development Department prior to issuance of grading permit. The plan shall ensure that construction haul routes do not affect sensitive uses in the project vicinity.
AES-4 All construction-related lighting shall be located and aimed away from adjacent residential areas and consist of the minimal wattage necessary to provide safety at the construction site. A construction safety lighting plan shall be submitted to the Community & Economic Development Department for review concurrent with grading permit application. Old Mammoth Place Addendum, 2016.
AES-5 The overall color scheme shall be determined by the Town’s Design Guidelines and Town of Mammoth Lakes Advisory Design Panel, subject to approval by the Town of Mammoth Lakes Planning & Economic Development Commission. The color of exterior materials, whether applied or innate, shall reflect the appearance of the natural surroundings and not seem synthetic or man-made. Accent colors shall integrate with the overall color scheme and form of the building. Old Mammoth Place Addendum, 2016.
AES-6 All signs shall be in accordance with the general provisions, prohibitions, exemptions, and special purposes delineated in Chapter 17.4017.48 of the Town’s Municipal Code, the Clearwater Specific Plan, and the Clearwater Landscape Design Guidelines as established and adopted hereafter by the Town Planning & Economic Development Commission. Old Mammoth Place Addendum, 2016.
AES-7 Landscape design shall be consistent with TOML Municipal Code Chapter
17.20.04017.40, California Model Water Efficiency Landscape Ordinance (CA MWELO), property development standards, and the Clearwater Specific Plan Landscape Design Guidelines. The landscape shall enhance the character of the onsite development and shall be compatible with, and complementary to, the natural environment in Mammoth Lakes and the surrounding region. Old Mammoth Place Addendum, 2016.
AES-8 Flat roofs shall be designed to carry snow accumulations of a minimum of 161 pounds per square feet, and have a minimum slope of 3/12 for adequate drainage. A roof pitch of less than 3/12 is subject to the approval of the Building Official. Roofs shall be designed to not shed ice and snow onto adjacent properties, walkways, plaza, driveways, and decks. Old Mammoth Place Addendum, 2016 [modified for clarification].
AES-9 Roof appurtenances shall be integral parts of the architecture of the structure. Nonfunctional roof ornamentation shall be avoided. Mechanical, electrical and roof access equipment, vents, and antennas shall be integrated into the roof design to avoid visual
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
15 October 2021
impact on other properties. Skylights, solar collectors and clerestories shall be designed as masses at angles relating to the primary roof, and building architecture, not applied forms. Exposed chimney flues shall not be permitted. Old Mammoth Place Addendum, 2016.
AES-10 All appurtenances (i.e., meters and electrical equipment, etc.) shall be integrated into the project design to avoid visual impact from pedestrians and other properties. These appurtenances shall be screened or placed in areas that are not highly visible, where possible. Old Mammoth Place Addendum, 2016.
AES-11 Fencing and outdoor enclosures shall be compatible in material, color, and design to adjacent structures, and the neighborhood and regional character. Fences and enclosures shall be designed to withstand heavy snowfall conditions and snow removal operations. Fences, walls, and enclosures shall be no higher than necessary to perform the intended function. Landscape features, fences, and walls in dedicated snow slope areas shall be designed to accommodate snow storage and removal activities. Old Mammoth Place Addendum, 2016.
AES-12 All outdoor furnishings shall complement adjacent building character and scale, and shall be appropriate to the project theme, allow for snow removal operations, and accessibility requirements. The treeTree grates shall be used in areas of high pedestrian activity and traffic. They shall be constructed of cast iron, metal, or concrete. Old Mammoth Place Addendum, 2016.
AES-13 The applicant shall prepare and submit an outdoor lighting plan pursuant to the Town’s Lighting Ordinance (Chapter Section 17.34.060030, Exterior LightingOutdoor Lighting Plans, of the Municipal Code) to the Community & Economic Development Director that includes a footcandle map illustrating the amount of light from the project site at adjacent light sensitive receptors. Old Mammoth Place Addendum, 2016.
AES-14 Landscape lighting should be designed as an integral part of the project. Lighting levels shall respond to the type, intensity, and location of use. Safety and security for pedestrians and vehicular movements must be anticipated. Lighting fixture locations shall not interfere or impair snow storage or snow removal operations. Light fixtures shall have cut-off shields to prevent light spill and glare into adjacent areas. Old Mammoth Place Addendum, 2016.
3.3 TRAFFIC AND CIRCULATION
The certified Final EIR determined that after implementation of recommended mitigation measures, the previously analyzed project would result in less than significant impacts with the implementation of the recommended mitigation measures. Further, the 2016 Addendum found that the Old Mammoth Place CUP Amendment would not result in any new, different, or potentially adverse traffic and circulation impacts not previously considered and addressed.
The Amended Phase One would result in the construction of 30 new hotel cabins and the removal of one on-site restaurant building (Jimmy’s Taverna and Red Lantern in the southeast corner).
This change in land uses would result in a net decrease in daily trips (approximately 487 fewer daily trips) compared to existing condition. As such, the Amended Phase One would result in fewer traffic impacts, compared to that analyzed for full buildout of the Specific Plan; refer to Appendix A, VMT Assessment.
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
16 October 2021
Transportation Policy Consistency Analysis
The certified Final EIR acknowledged that the Town intends to make improvements of its existing pedestrian facility systems by increasing the connectivity and safety of existing bikeway, trail, and sidewalk networks per the Sidewalk Master Plan. Additionally, the Town of Mammoth Lakes Trail System Master Plan (MLTSMP) provides non-motorized facilities as alternate forms of transportation, including pedestrians, bicyclist, and cross country skiers. The Amended Phase One would initiate construction of a pedestrian walkway along Laurel Mountain Road, which was considered as part of the full buildout of the Specific Plan, in order to increase the pedestrian connectivity to the project site and surrounding area. The new pedestrian walkway would result in a near-term improvement, which would align with Town’s goals pursuant to the Sidewalk Master Plan and MLTSMP. As such, the addition of the new pedestrian walkway would not create any new impacts, not considered as part of the certified Final EIR, regarding pedestrian access.
Implementation of the proposed Amended Phase One would not result in any changes/modifications to the existing bicycle or transit system. Less than significant impacts would result in this regard.
Design Safety Hazard Analysis
The Amended Phase One would alter the existing project site access, compared to that considered in the certified Final EIR. Project modifications would eliminate one of the two existing vehicular access driveways along Old Mammoth Road (the southernmost driveway) and move the vehicular access driveway along Sierra Nevada Road (from its current easterly location) to the center of the site. This change in access driveways would not create a design hazard for vehicles or pedestrians and would alleviate ingress/egress to the reconfigured hotel facility. Less than significant impacts would result in this regard.
Vehicle Miles Traveled (VMT) Screening Analysis
The certified Final EIR established 106,600 VMT as the threshold for projects within the Town.
The 2016 Addendum determined that long-term operational impacts regarding VMT would result in approximately 6,270 daily trips and would be consistent with anticipated growth in the area. As such, the previously analyzed project would not exceed the Town’s VMT limits.
The certified Final EIR and 2016 Addendum did not specifically address VMT (pursuant to Senate Bill [SB] 743), as it was not required in the CEQA Guidelines at the time of certification. As such, a VMT Assessment for the Amended Phase One was prepared to analyze potentially significant transportation impacts based on VMT. The purpose of the VMT Assessment is to determine if the Amended Phase One meets the Town’s recently adopted SB743 Implementation Guidelines (Implementation Guidelines) screening thresholds for land use projects.
The VMT Assessment (provided as Appendix A, VMT Assessment) found that the Amended Phase One would meet two of the Town’s Screening Criteria for land use projects (Map-Based Screening and Redevelopment Projects). According to these Screening Criteria, the development projects would have less than significant VMT impacts if: 1) a project is located within an area of development allowed by the screening map and would result in an average VMT below the allowed county average maximum value; or 2) would reduce daily VMT compared to existing conditions.
Sierra Nevada Resort Amendment
Addendum to the Clearwater Specific Plan
Environmental Impact Report
17 October 2021
The proposed Amended Phase One is anticipated to result in a net decrease of 8,979 vehicle miles travelled (VMT) per day, based on the project’s total VMT of 2,797 and the existing restaurant’s total VMT of 11,776 (proposed to be removed). The proposed Amended Phase One would also be located within an area of development allowed by the Town’s screening map. As the project site is situated in an area of allowed development and would have net decrease in VMT (which would be below the allowed county average maximum value), the project meets the Town’s Map-Based Screening criteria. Additionally, the proposed Amended Phase One would reduce daily VMT compared to existing conditions, meeting the Town’s Redevelopment Projects criteria as well.
As such, the Amended Phase One would be exempt from further VMT assessment and would result in a less than significant impact with regard to VMT. The Amended Phase One would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Less than significant impacts would result in this regard.
Conclusion
The Amended Phase One would result in substantially less development intensity than that considered for full buildout of the Specific Plan. This interim development would result in fewer daily trips, compared to the existing condition and buildout of the Specific Plan. As such, the certified Mitigation Measures would not apply to the Amended Phase One and impacts pertaining to transportation would be less than significant. The Amended Phase One would not result in any new or potentially adverse traffic and circulation impacts not previously considered and addressed.
Mitigation Program
The Final EIR Mitigation Program, as amended by the 2016 Addendum, includes measures to avoid potential adverse impacts associated with the previously approved project to maintain less than significant levels. However, the certified Mitigation Measures would not apply to the Amended Phase One.
3.4 AIR QUALITY
Air Quality
The certified Final EIR determined upon implementation of recommended mitigation measures, development of the Specific Plan would not result in significant air quality impacts during project construction and operation in regard to project consistency with the Town of Mammoth Lakes Air Quality Management Plan (AQMP) or result in significant cumulative air quality impacts along with implementation of other development in the project area. Further, the 2016 Addendum concluded that the air quality impacts resulting from the 2016 Old Mammoth Place CUP Amendment would be similar to those identified for the Specific Plan in the certified Final EIR.
For the proposed Amended Phase One, long-term operational impacts would be consistent with the anticipated growth within the project area, given this use is consistent with the existing land use conditions. The Amended Phase One is anticipated to generate approximately 152 daily trips, which is substantially lower than the number of trips forecast for buildout of the Specific Plan.
Further, the proposed Amended Phase One is anticipated to result in a net decrease of 8,979 VMT per day, based on the project’s total VMT of 2,797 and the existing restaurant’s total VMT of 11,776 (proposed to be removed). Consequently, operational air quality impacts related to
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vehicle mileage would be substantially less than what was anticipated for buildout of the Specific Plan. In conclusion, the Amended Phase One would result in substantially fewer operational air quality emissions than those considered for full buildout of the Specific Plan.
During project construction, the Amended Phase One would involve demolition of an existing restaurant at the southeast corner of the site, site preparation, and construction of 30 new cabins.
The Amended Phase One would involve operating the new lodging cabins, available for rental through the existing on-site hotel facility. It is acknowledged that both project construction and operation would be significantly smaller in magnitude than what was assumed for full buildout of the Specific Plan. As a result, temporary construction-related air quality impacts resulting from the Amended Phase One would be substantially lower than those identified in the certified Final EIR and 2016 Addendum. Further, the certified Mitigation Measures AQ-1 through AQ-5 would still apply to the Amended Phase One. With implementation of certified mitigation, the Amended Phase One would not result in any new or potentially adverse air quality impacts not previously considered and addressed.
Greenhouse Gas Emissions
The Final EIR for the Specific Plan was certified in 2009, and the 2016 Old Mammoth Place CUP Amendment and associated Addendum were approved in 2016. The 2016 Addendum was prepared to confirm if the proposed modifications were consistent with what was analyzed as part of the certified Final EIR. Section 3.4, Air Quality, of the 2016 Addendum concluded that the certified Final EIR already contained mitigation measures to address sources of greenhouse gas (GHG) emissions; certified Mitigation Measures AQ-1 through AQ-5. In addition, the 2016 Old Mammoth Place CUP Amendment was conditioned to achieve a Leadership in Energy and Environmental Design (LEED) Silver or equivalent certification as well as incorporate numerous water and energy efficiency programs during project construction and operation. As such, the 2016 Addendum concluded that GHG emissions resulting from the 2016 Old Mammoth Place CUP Amendment would be reduced with the mitigation measures from the certified Final EIR and the LEED Silver (or equivalent) certification requirements, and there is no evidence that further mitigation is necessary to further demonstrate compliance with the State mandated GHG reduction targets.
During project construction, the proposed Amended Phase One would involve demolition of an existing restaurant at the southeast corner of the site, site preparation, and construction of 30 new cabins. These new lodging cabins would be available for rental through the existing on-site hotel facility. It is acknowledged that both project construction and operation would be significantly smaller in magnitude than that considered for full buildout of the Specific Plan.
Based on the magnitude of the proposed Amended Phase One (as compared to full buildout of the Specific Plan) and implementation of the certified mitigation measures that address sources of GHG emissions, GHG emissions associated with development of the Amended Phase One would be minimized and no further mitigation would be necessary to further demonstrate compliance with State mandated GHG reduction targets. With implementation of certified mitigation, the Amended Phase One would not result in any new or potentially adverse GHG emissions impacts not previously considered and addressed.
Mitigation Program
The Final EIR Mitigation Monitoring and Reporting Program includes measures to reduce potential impacts associated with the previously approved project to less than significant levels.
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Subsequently, the 2016 Addendum provided minor, editorial modifications to application measures for the 2016 Old Mammoth Place CUP Amendment. The following measures from the certified Final EIR and/or the 2016 Addendum would be applicable to the proposed Amended Phase One. Any modifications to the original measures are shown in strikethrough for deleted text and underlined for new, inserted text.
Applicable Mitigation Measures
AQ-1 Prior to approval of the project plans and specifications, the Public Works Director, or his designee, shall confirm that the plans and specifications stipulate that, in compliance with GBUPACD Great Basin Unified Air Pollution Control District (GBUAPCD) Rule 401, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventive measures, as specified in the GBUPACD GBUAPCD Rules and Regulations. In addition, GBUPACD GBUAPCD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors:
• All active portions of the construction site shall be watered to prevent excessive amounts of dust;
• On-site vehicles’ speed shall be limited to 15 miles per hour (mph); • All on-site roads shall be paved as soon as feasible or watered periodically or chemically stabilized;
• All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust; watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day;
• If dust is visibly generated that travels beyond the site boundaries, clearing, grading, earth moving or excavation activities that are generating dust shall cease during periods of high winds (i.e., greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 episodes; and
• All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust.
Old Mammoth Place Addendum, 2016.
AQ-2 Under GBUAPCD Rule 200-A and 200B, the project applicant shall apply for a Permit to Construct prior to construction, which provides an orderly procedure for the review of new and modified sources of air pollution. Old Mammoth Place Addendum, 2016.
AQ-3 Under GBUAPCD Rule 216-A (New Source Review Requirement for Determining Impact on Air Quality Secondary Sources), the project applicant shall complete the necessary permitting approvals prior to commencement of construction activities. Old Mammoth Place Addendum, 2016.
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AQ-4 Prior to demolition activities, the applicant shall demonstrate to the GBUAPCD that the project is consistent with the Toxic Substance Control Act (TSCA), (15 U.S.C. Section 2601 et. seq.) Title 2 - Asbestos Hazard Emergency Response for handling asbestos.
Old Mammoth Place Addendum, 2016.
AQ-5 Prior to approval of building plans, the applicant shall provide confirmation, to the satisfaction of the Town of Mammoth Lakes Town’s Community and Economic Development Department, that wood fired stoves or appliances would not be used onsite. Old Mammoth Place Addendum, 2016.
3.5 NOISE
The certified Final EIR determined that after implementation of recommended mitigation measures, development of the Specific Plan would result in significant and unavoidable construction noise and cumulative construction noise impacts. The certified Final EIR concluded that implementation of Mitigation Measures N-1 through N-3 would significantly reduce noise impacts during project construction and operation. Despite implementation of the abovementioned mitigation measures, construction-related noise impacts and cumulative construction noise impacts were determined to remain significant and unavoidable due to the proximity of sensitive receptors to the project site. As such, a Statement of Overriding Considerations was adopted by the Town Council when the Final EIR was certified. Subsequently, the 2016 Addendum was prepared to confirm if the proposed modifications of the 2016 Old Mammoth Place CUP Amendment were consistent with what was analyzed as part of the certified Final EIR. Section 3.5, Noise, of the 2016 Addendum acknowledged that despite implementation of the Mitigation Measures N-1 through N-3, construction-related noise impacts and cumulative construction noise impacts resulting from the 2016 Old Mammoth Place CUP Amendment were determined to remain significant and unavoidable due to the proximity of sensitive receptors to the project site. As such, the 2016 Addendum concluded that construction-related noise impacts and cumulative construction noise impacts from the 2016 Old Mammoth Place CUP Amendment would remain significant and unavoidable.
The Amended Phase One would involve demolition of an existing restaurant at the southeast corner of the site, site preparation, and construction of 30 new cabins. It is acknowledged that both project construction and operation would be significantly less in magnitude than full development of the Specific Plan. Similar to the Specific Plan and the 2016 Old Mammoth Place CUP Amendment (which proposed outdoor recreation uses at the pedestrian plaza/outdoor recreation areas), the proposed Amended Phase One would include outdoor recreational uses (although to a lesser extent), including activities at the proposed public open space/event area at the southeast corner of the site, relocated pool, outdoor food garden (dining area) along Old Mammoth Road, and other amenity areas (including expanded outdoor seating and lawn game areas). Outdoor activities potentially generating excessive noise (i.e., music and performances) would be subject to a Use Permit, which would regulate the hours of performances and amplification of equipment.
Implementation of the certified Mitigation Measures N-1 through N-3 would significantly reduce noise impacts during construction and operation of the Amended Phase One. With implementation of certified mitigation, the proposed Amended Phase One would not result in any new, different, or potentially adverse construction-related noise impacts and cumulative construction noise impacts not previously considered and addressed.
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Mitigation Program
The Final EIR Mitigation Program, as amended by the 2016 Addendum, includes measures to reduce significant and unavoidable impacts associated with the previously approved project to the extent feasible. The following measures from the certified Final EIR and 2016 Addendum would also be applicable to the proposed project. Any modifications to the original measures are shown in strikethrough for deleted text and new, inserted text is underlined.
Applicable Mitigation Measures
N-1 Prior to Grading Permit issuance, the project shall demonstrate, to the satisfaction of the Town of Mammoth Lakes Town’s Community & Economic Development Department that the project complies with the following:
• All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers;
• Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible; • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers; • During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors;
• Operate earthmoving equipment on the construction site as far away from vibration sensitive sites as possible; and
• Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the Town or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.
Old Mammoth Place Addendum, 2016.
N-2 The proposed project shall be required to adhere to Chapter 8.80.090Section 8.16.090 (Prohibited Acts) of the Municipal Code, which prohibits loading activities between the hours of 10:00 p.m. and 7:00 a.m. Old Mammoth Place Addendum, 2016.
N-3 Mechanical equipment shall be placed as far as practicable from sensitive receptors.
Additionally, the following shall be considered prior to HVAC installation: proper selection and sizing of equipment, installation of equipment with proper acoustical shielding, and incorporating the use of parapets into the building design. Old Mammoth Place Addendum, 2016.
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3.6 UTILITIES AND SERVICE SYSTEMS
The certified Final EIR determined that development of the Specific Plan would create increased demand on utilities and service systems serving the project area; however, impacts would be less than significant. Further, the 2016 Addendum found that the Old Mammoth Place CUP Amendment would involve similar development and demand for public services and utilities to that identified in the certified Final EIR.
The proposed Amended Phase One would result in a substantially reduced development, compared to that considered for full development of the Specific Plan. The proposed project would construct 30 hotel cabins. Project modifications would increase demand for public services and utilities compared to existing conditions, but would be less than those considered for the previously analyzed project. The proposed Amended Phase One would increase utility demands as follows:
• Electrical amperage to the property would increase an additional 2055 amps per day. • Propane delivery to the site would increase by 440 gallons per day. • Water to the site would increase by 220 gallons per day • Sewerage from the site would increase 320 gallons per day The Amended Phase One proposes the installation of new on-site utility connections to serve the new cabins, including water, sewer, electrical, gas, and telecommunications. Electrical, gas (propane), water, and sewer utilities would all see an increase regarding on-site demand. Based on the certified Final EIR, there are no deficiencies in the water delivery system serving the project site. Additionally, the certified Final EIR concluded that there are sufficient existing facilities for water supply and wastewater treatment. Dry utilities would be available to serve the project site upon approval of all necessary permits from the Town and other agencies. As a result, the proposed Amended Phase One’s demand for public services and utilities is anticipated to be substantially less than that identified in the certified Final EIR and 2016 Addendum. The proposed Amended Phase One would not result in any new, different or potentially adverse public services and utilities impacts not previously considered and addressed in the certified Final EIR and 2016 Addendum. Furthermore, the proposed project’s utilities and service systems would only be temporary, as they would be demolished, and reconstructed appropriately to service construction of full buildout of the Specific Plan.
Mitigation Program
The Final EIR Mitigation Program, as amended by the 2016 Addendum, includes measures to reduce potential impacts associated with the previously approved project to less than significant levels. The following measures from the certified Final EIR and 2016 Addendum would also be applicable to the proposed project. Any modifications to the original measures are shown in strikethrough for deleted text and new, inserted text is underlined.
Applicable Mitigation Measures
USS-1 The Applicant shall provide lateral sewer lines to the centerlinessewer main of the nearest adjacent roadways. The lateral sewer lines shall be constructed in accordance with Town and MCWD Mammoth Community Water District (MCWD) standards and
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specifications, to the satisfaction of the Town of Mammoth Lakes. Old Mammoth Place Addendum, 2016 [modified for clarification].
3.7 ENERGY
The Final EIR for the Specific Plan was certified in 2009, and the 2016 Addendum for the 2016 Old Mammoth Place CUP Amendment was approved in 2016. Although not addressed in a standalone section in the EIR, energy considerations were analyzed in Section 6.1, Irreversible Environmental Changes That Would Be Involved In The Proposed Action Should It Be Implemented.
The implementation of project design features and mitigation measures related to energy efficiency have also typically been incorporated into a project’s air quality and greenhouse gas analyses. As such, the certified Final EIR contained mitigation measures to address energy consumption, despite energy consumption reduction has not been specifically stated as reasoning for implementing these mitigation measures. These mitigation measures include mitigation of traffic and air quality impacts of the proposed development under the Specific Plan.
Both construction and operation of Amended Phase One would be substantially less in magnitude compared to full buildout of the Specific Plan. Based on the magnitude of the Amended Phase One and implementation of the certified mitigation measures that address energy consumption, the Amended Phase One would not result in any new or potentially adverse energy impacts not previously considered and addressed.
Mitigation Program
The Final EIR Mitigation Program, as amended by the 2016 Addendum, includes measures to reduce potential impacts associated with the previously approved project to less than significant levels. The following measures from the certified Final EIR and 2016 Addendum would also be applicable to the proposed project. Any modifications to the original measures are shown in strikethrough for deleted text and new, inserted text is underlined.
Applicable Mitigation Measures
Refer to Mitigation Measures AQ-1 through AQ-5 above.
3.8 WILDFIRE
The certified Final EIR determined that the Town and surrounding area have been rated as having a very high fire potential. Further, the certified Final EIR determined the previously analyzed project would be subject to review by the Mammoth Lakes Fire Protection District (MLFPD) to ensure fire regulations are met. MLFPD review would include ensuring adequate clearance of flammable vegetation around individual structures to prevent the spread of fire between wildlands and structures. As such, compliance with applicable provisions and fire codes pertaining to fire control would result in less than significant impacts.
According to the California Department of Forestry and Fire Protection Mono County Fire Hazard Severity Zones in LRA Map, the project site is not located within a State Responsibility Area (SRA)
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nor is classified as a very high fire hazard severity zone.1 However, it is acknowledged that the site is situated within a Low fire hazard severity zone. The proposed Amended Phase One would not result in an adverse effect which could impede emergency evacuation routes serving the Town. Further, project modifications would be subject to review by MLFPD to ensure the project complies with fire requirements and emergency vehicle access. The Amended Phase One would also be subject to payment fees that are currently imposed by the Town and used to fund the required fire suppression equipment. Wildfire impacts resulting from the Amended Phase One would be less than those identified in the certified Final EIR and 2016 Addendum. Compliance with fire requirements, emergency vehicle access, and payment of required fees would reduce potential impacts associated with the Amended Phase One to less than significant levels. As such, impacts regarding wildfire would be less than significant.
Mitigation Program
The certified Final EIR and 2016 Addendum determined that potential wildfire impacts associated with the previously approved project were less than significant. As such, no certified mitigation measures apply for wildfire impacts and impacts in this regard would be less than significant.
4.0 DETERMINATION/ADDENDUM CONCLUSION
As detailed in the analysis presented above, this Addendum supports the conclusion that the proposed addition of the Amended Phase One to the Specific Plan would not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. No new information has become available and no substantial changes to the circumstances (under which the project was being undertaken) since the certification of the Final EIR and the 2016 Addendum has occurred. There are no new measures required and no new alternatives available that would substantially reduce the environmental effects beyond those previously described in the certified Final EIR and the 2016 Addendum.
5.0 ADDENDUM PREPARATION SOURCES/REFERENCES
California Environmental Quality Act, 1970, as amended, Public Resources Code Sections 21000-21189.
California Department of Forestry and Fire Protection, Mono County Fire Hazard Severity Zones in LRA Map, https://osfm.fire.ca.gov/media/6724/fhszl06_1_map26.pdf, September 21, 2007, accessed on October 15, 2021.
Google Earth Maps, http://maps.google.com, accessed October 2021.
Michael Baker International, Old Mammoth Place, Addendum to the Clearwater Specific Plan, Environmental Impact Report, June 1, 2016.
RBF Consulting, Final Clearwater Specific Plan Environmental Impact Report, SCH No. 2006062154, adopted July 2008.
1 California Department of Forestry and Fire Protection, Mono County Fire Hazard Severity Zones in LRA Map, https://osfm.fire.ca.gov/media/6724/fhszl06_1_map26.pdf, September 21, 2007, accessed on October 15, 2021.
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RBF Consulting, Old Mammoth Place, California Environmental Quality Act Conformance Review, February 2010.
Town of Mammoth Lakes, Town of Mammoth Lakes Municipal Code.
Town of Mammoth Lakes, Town of Mammoth Lakes General Plan 2007, dated May 2007.
Town of Mammoth Lakes, General Plan Update Final Program Environmental Impact Report, SCH No. 2003042155, dated May 2007.
Town of Mammoth Lakes, The Clearwater Specific Plan, revised April 21, 2010 (DZA 09-001 and DZA 10-002).
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APPENDIX A
VMT Assessment
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MBI PN 186150 1 | Page
TECHNICAL MEMORANDUM
To: Amy Callanan, Town of Mammoth Lakes
From: Robert Davis, Michael Baker International
Dawn Wilson, Michael Baker International
CC: Kristen Bogue, Michael Baker International
Date: October 20, 2021
Subject: Sierra Nevada Resort Amendment VMT Assessment
Introduction
The purpose of this memorandum is to document the VMT assessment for the proposed Sierra Nevada Resort Amendment (Project) located in the Town of Mammoth Lakes, California. This memorandum has been prepared to support the Transportation component of the California Environmental Quality Act (CEQA) process. Table 1 provides key project information. Exhibit 1 shows the location of the project.
Table 1: Project Information
Item Description
Project Title Sierra Nevada Resort Amendment
Project Location 248 Old Mammoth Road - Situated on the northwest corner of the intersection of Old Mammoth Road and Sierra Nevada Road (Town of Mammoth Lakes, Mono County, CA) Existing Use Restaurant building occupied by Red Lantern downstairs and Jimmy’s Taverna upstairs. Total existing restaurant floor area is approximately 5,700 square feet.
Proposed Use 30 Hotel Room Units (Cabins)
Area 6.1 acres
The existing restaurant building would be replaced by the proposed 30 hotel units.
2 | Page
Exhibit 1: Project Site Vicinity
3 | Page
Analysis Guidelines
Per the direction of Town staff, the Town of Mammoth Lakes SB743 Implementation Guidelines November 24, 2020 was utilized as the primary resource in the development of this analysis. Resolution 20-94 of the Town Council was adopted on December 2, 2020 and establishes the “Vehicle Miles Traveled Thresholds of Significance for Purposes of Analyzing Transportation Impacts under the California Environmental Quality Act.” Project Trip Generation Analysis
The number of Project site trips was estimated using the Institute of Transportation Engineers’ (ITE) Trip Generation Manual (10th Edition). Table 2 shows the ITE trip generation rates used for this analysis and Table 3 shows the estimated trips generated by the Project and by the existing restaurant use that will be replaced (redeveloped) by the Project.
Table 2: Trip Generation Rates
Land Use ITE
Code Daily Trip Rate
AM Peak Hour PM Peak Hour
Rate In Out Rate In Out
High-Turnover (SitDown) Restaurant
932 112.18 / KSF (1) 9.94 55% 45% 9.77 62% 38%
All Suites Hotel 311 4.46 / Room 0.34 53% 47% 0.36 48% 52% Notes:
1) KSF = Thousand Square Feet
Table 3: Estimated Project Trips and Existing Restaurant Trips Land Use ITE
Code Intensity Daily Trips
AM Peak Hour PM Peak Hour
Trips In Out Trips In Out
Existing:
High-Turnover (Sit- 932 5.7 KSF(1) 639 57 31 26 56 35 21 Proposed:
All Suites Hotel 311 30 Rooms 134 10 5 5 11 5 6
Net Difference (Proposed – Existing) (2) -505 -47 -26 -21 -45 -30 -15 Notes:
1) KSF = Thousand Square Feet
2) Values may vary slightly due to rounding.
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Screening Criteria
Land use projects that meet the screening thresholds identified in Table 4 are assumed to result in a less than significant transportation impact under CEQA and do not require a detailed quantitative VMT assessment. The project meets two of the Screening Criteria for land use projects which would allow a determination of a less than significant impact on VMT, thus a detailed project-specific VMT assessment is not required. Criteria for both the Map-Based Screening and the Redevelopment Project categories are met by the proposed Project.
Table 4: Screening Criteria for Land Use Projects Presumed to Cause a Less Than Significant Impact Project Type Town Recommended Screening Criteria Project Evaluation Result Small Projects
Project generation is less than 110 trips per day per the ITE Manual or other acceptable source determined by
Town of Mammoth Lakes. Unless:
It is inconsistent with the General Plan as determined by the Town of Mammoth Lakes.
Project is anticipated to generate
approximately 134 daily trips,
which exceeds the Small Project
trip generation threshold.
Does Not
Meet Criteria
Local Serving
Retail
No single store on-site exceeds 50,000 square feet; and Project is local-serving as determined by the Town of
Mammoth Lakes. Unless:
The nature of the service is regionally focused as
determined by the Town of Mammoth Lakes.
Not applicable since Project is not
retail development.
Does Not
Meet Criteria
Affordable
Housing
A high percentage of affordable housing is provided as
determined by the Town of Mammoth Lakes. Unless:
The percentage of affordable housing is determined by
the Town of Mammoth Lakes to not be high in relation
to the residential element of a project.
Not applicable since Project does
not contain affordable housing
development.
Does Not
Meet Criteria
Local Essential
Service
Building is less than 50,000 square feet: and Land Use is:
• Day care center; or
• Public K-12 School; or
• Police or Fire facility; or
• Medical/Dental office building; or
• Government offices (in-person services such as post
office, library, and utilities)
Unless: The nature of the service is regionally focused as determined by the Town of Mammoth Lakes.
Not applicable since Project is not
retail or essential services
development.
Does Not
Meet Criteria
Map-Based
Screening
Area of development is under threshold as shown on
screening map as allowed by the Town of Mammoth
Lakes. Note that screening maps for residential and
employment based VMT projects are provided in
Appendix B of the Town of Mammoth Lakes SB 743
Implementation Guidelines. Unless:
The project represents significant growth as to
substantially change regional travel patterns as
determined by the Town of Mammoth Lakes.
Project is located Hex ID 588 and
this zone is designated as “green”
in the Appendix B Screening
Maps and having a nonresidential average VMT that is
15% or more below the Mono
County Average.
Meets
Criteria
Redevelopment
Projects
Project replaces an existing VMT-generating land use
and does not result in a net overall increase in VMT
Unless: The project replaces an existing VMT-generating land use and results in a net overall increase in VMT.
The existing restaurant use has a
daily VMT of 11,776. The proposed
hotel units would have a daily VMT
of 2,466 which represents a net
reduction in VMT.
Meets
Criteria
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Redevelopment Project VMT Assessment
The VMT Screening Tool results are shown in Table 6 and screenshots of the screening tool results are attached to this memo. The Project is estimated to generate a daily total (Production-Attraction, PA) of 134 trips. The average trip length for the Project is 18.4 miles. The resulting Total VMT is 2,466 (134 trips x 18.4 miles per trip). A comparison of the average trip length for the Project (18.4 miles) to the Mono County average trip length (27.4) shows an average trip length that is
32.8% lower than the County’s average trip length.
A comparison of the Project total VMT (2,466) to the existing restaurant use total VMT (11,776) shows that the Project is anticipated to result in a net decrease of 9,310 VMT per day. Therefore, the project is determined to have less than significant impact.
Table 5: VMT Summary
Category
Project Comparison
Mono County Existing Restaurant Project
Daily Trips N.A. 640 134
Average Trip Length (miles) 27.4 18.4 18.4
Total VMT N.A. 11,776 2,466
Mitigation Measures
Since the project is projected to result in a less than significant impact, mitigation measures are not required.
Conclusions
The Project VMT assessment for the Sierra Nevada Resort Amendment located in the Town of Mammoth Lakes shows that the Project meets two of the Town Screening Criteria and is therefore determined to have a less than significant impact. While a detailed VMT assessment is not required, an evaluation of the Project condition was conducted to demonstrate that redevelopment of the site results in a reduction in trips generated and a greater that 15% reduction in average trip length. As such, the Project results in a net reduction in VMT compared to the existing use. Based on this assessment, the project is determined to have a less than significant impact and no mitigation is required.
VMT Calculator Output
Attachment 5
PEDC Resolution No. 2025-02
Resolution No. PEDC 2025-02
Recording Requested by and )
When Recorded Mail To: )
)
Town of Mammoth Lakes )
Community & Economic Development Department )
P.O. Box 1609 )
Mammoth Lakes, CA 93546 ) ________________________________________ Recordation fee exempt per Government Code §27383
Space Above for Recorder’s Use
RESOLUTION NO. PEDC 2025-02
A RESOLUTION OF THE MAMMOTH LAKES PLANNING AND ECONOMIC
DEVELOPMENT COMMISSION RECOMMENDING TO THE TOWN
COUNCIL APPROVAL OF DISTRICT ZONING AMENDMENT 24-001,
TENTATIVE TRACT MAP 24-003, AND USE PERMIT 24-004, FOR A
SUBSEQUENT AMENDMENT TO THE AMENDED PHASE ONE
CLEARWATER SPECIFIC PLAN DOCUMENT TO ALLOW THE
SUBDIVISION OF THE TWENTY UNITS WITHIN THE FIVE FOURPLEX STUCTURES (“VILLAS” UNITS) INTO TWENTY CONDOMINIUM HOTEL UNITS LOCATED AT 164 OLD MAMMOTH ROAD
(APN: 035-230-012-000)
WHEREAS, a request for consideration of a District Zoning Amendment, Tentative Tract Map, and Use Permit was filed by Matthew Mering on behalf of the property owner, WH SN Mammoth, L.L.C., for a subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) to add condominium hotel uses to the permitted land use table subject to use permit and subdivision map approval and remove language prohibiting condominium hotel uses in the Amended Phase One project. The application also includes a Tentative Tract Map for the subdivision of the twenty units within the five (5) four-plex structures (“Villas” units) into twenty condominium hotel units that may be sold individually. The applications were submitted in accordance with Chapter 17.112 (Specific Plans), of the Town of Mammoth Lakes Municipal Code, and Section 10.0 of the Clearwater Specific Plan, for property located within the Clearwater Specific Plan Zoning District at 164 Old Mammoth Road; and WHEREAS, the noticed public hearing was opened on November 13, 2024, at which time the public hearing was continued to the regularly scheduled December 11, 2024, PEDC meeting; and
WHEREAS, the Planning and Economic Development Commission conducted the continued public hearing on December 11, 2024, at which time all those desiring to be heard were heard and the hearing concluded with a 2-1 vote of the Commission. It was determined that the vote was a “no action vote” and a new public hearing on the item would be required to reach a decision on the application; and
Resolution No. PEDC 2025-02
WHEREAS, the Planning and Economic Development Commission conducted a noticed public hearing on February 12, 2025, at which time 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 2007 General Plan, the Clearwater Specific Plan, the Amended Phase One Clearwater Specific Plan, and the Municipal Code;
3. Oral and written evidence submitted at the hearing;
4. District Zoning Amendment (DZA) 24-001, Tentative Tract Map (TTM) 24-003, and Use Permit (UPA) 24-004 applications received by the Town of Mammoth Lakes on July 15, 2024;
5. The Amended Phase One Clearwater Specific Plan document with proposed revisions shown as strikeout (removed) or underlined (added) text, dated December 11, 2024, and attached hereto as Exhibit B; and
6. The 2021 Addendum to the Clearwater Specific Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2006062154).
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.
CEQA Guidelines Section 15162
The Planning and Economic Development Commission considered the 2021 Addendum to the Clearwater Specific Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2006062154) together with the Clearwater Specific Plan EIR, pursuant to the CEQA Guidelines Section 15162, and finds that on the basis of the whole record, there is no substantial evidence that the proposed Outbound Hotel “Villas” project will result in any new significant effects or a substantial increase in the severity of previously identified significant effects. a. The Planning and Economic Development Commission finds that there are no substantial changes to the project from what was analyzed in the Addendum to the Clearwater Specific Plan EIR that will require revisions to the Addendum, and therefore, no new significant environmental effects or a substantial increase in the severity of previously identified significant effects will occur. b. There are no substantial changes with respect to the circumstances under which the project is being undertaken that will require major revisions to the adopted 2021 Addendum to the Clearwater Specific Plan EIR because the Outbound Hotel “Villas” project involves the subdivision of the twenty units within the five existing four-plex structures for condominium hotel purposes, in a location that the Clearwater Specific Plan identifies for siting condominium hotel uses.
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Therefore, the 2021 Addendum is adequate because it demonstrates that the environmental analysis and impacts identified in the Clearwater Specific Plan EIR remain substantively unchanged by the proposed district zoning amendment, tentative tract map, and use permit, and supports the finding that the project does not result in any new environmental effects and does not exceed the level of impacts identified in the EIR.
c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified and at the time that the 2021 EIR Addendum was adopted, to show that:
(1) The project will have one or more significant effects not previously discussed in the EIR since, as described in the 2021 Addendum to the Clearwater Specific Plan EIR, no changes have occurred with respect to the intensity of the development that was previously analyzed, and all potential environmental effects were found to be adequately analyzed in the 2021 Addendum to the Clearwater Specific Plan EIR;
(2) Significant effects previously examined will be substantially more severe than shown in the previous EIR. The Amended Phase One to the Clearwater Specific Plan would not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. No new information has become available and no substantial changes to the circumstances (under which the project is being undertaken) since the certification of the Final EIR and the 2016 Addendum has occurred.
(3) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. There are no new mitigation measures required and no new alternatives available that would substantially reduce the environmental effects beyond those previously described in the certified Final EIR and the 2016 Addendum to the Clearwater Specific Plan EIR. (4) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR and would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. There are no new mitigation measures required and no new alternatives available that would substantially reduce the environmental effects beyond those previously described in the certified Final EIR and the 2016 Addendum to the Clearwater Specific Plan EIR.
Therefore, none of the criteria in CEQA Guidelines §15162 calling for preparation of subsequent environmental review has occurred. The Outbound Hotel “Villas” Project is consistent with the scope of development contemplated for the Amended Phase One CSP project as analyzed in the October 2021 Addendum to the Clearwater Specific Plan EIR, which supports
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the conclusion that the proposed project modifications are minor technical changes that do not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
The applicable mitigation measures from the 2021 Addendum remain applicable and are included as conditions of approval for the project. d. The Planning and Economic Development Commission finds that the proposed Outbound Hotel “Villas” Project will not result in a safety hazard or noise problem for persons using the Mammoth Yosemite Airport or for persons residing or working in the Project area because the Project site is located approximately seven miles from the Mammoth Yosemite Airport. e. A program for reporting on or monitoring the required mitigation measures has been adopted.
f. All applicable mitigation measures shall be conditions of Project approval.
2. FINDINGS FOR SPECIFIC PLAN AMENDMENT
(Municipal Code §17.112.060)
a. The specific plan is consistent with all applicable sections of the General Plan and Title 17 and is consistent with other adopted goals and policies of the Town.
The proposed subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) is consistent with the General Plan and other adopted goals and policies of the Town because the amendment will result in a project that continues to meet the intent, goals, and objectives of the 2007 General Plan, and the Clearwater Specific Plan. The amendment proposes to modify the permitted uses for the Amended Phase One CSP by adding condominium hotel uses subject to a use permit and subdivision map approval. The proposed amendment includes a definition for condominium hotel uses, adds development and operating standards applicable to condominium hotel uses, and removes language that excludes condominium hotel uses from the Amended Phase One CSP development project.
The purpose of the proposed amendment to the Amended Phase One CSP is to allow the current property owner to subdivide five existing fourplex structures referred to as the “Villas” into 20 condominium hotel units. The proposed amendment is consistent with the allowable land uses identified in Section
5.2.1, Land Use Designations, of the CSP, which states, “Land Use Area 2:
Residential: A building or combination of buildings that function as a hotel with privately held condominium hotel units or traditional hotel units.” The proposed amendment does not increase the allowable density or intensity of development subject to the Amended Phase One CSP, and importantly, the amendment also maintains the existing allowances of the CSP for future redevelopment, thereby ensuring that any goals not met by the current development can be met when the site redevelops in the future.
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Finally, the proposed subsequent amendment to the Amended Phase One CSP maintains consistency with the intent of the General Plan’s Clearwater Specific Plan land use designation, which is to provide “for a pedestrian-oriented, mixed-use district for residents and visitors within the North Old Mammoth Road area. Permitted uses include hotel, condominium-hotel, workforce housing, street front retail along Old Mammoth Road, and a large public plaza intended for use as an event venue. The base density is forty (40) hotel rooms per acre with the potential for up to eighty (80) hotel rooms per acre. Pursuant to the Clearwater Specific Plan, significant community benefits are required to be provided. Workforce housing and commercial uses are exempt from density calculations.”
b. That the specific plan is consistent with any applicable airport land use plan as required by Government Code Section 65302.3; and Not applicable, as there are no applicable airport land use plans that have an impact on the Clearwater Specific Plan.
c. That the specific plan is in compliance with the provisions of the California Environmental Quality Act (CEQA).
Pursuant to CEQA Guidelines Section §15162, no subsequent environmental review is required because there is no substantial evidence that the proposed District Zoning Amendment, Tentative Tract Map, and Use Permit application for the Outbound Hotel “Villas” project would result in any new significant effects or a substantial increase in the severity of previously identified significant effects. The Outbound Hotel “Villas” project is consistent with the scope of development contemplated for the Amended Phase One Clearwater Specific Plan development project analyzed in the October 2021 Addendum to the Clearwater Specific Plan EIR. Therefore, with the incorporation of applicable mitigation measures from the 2021 EIR Addendum, the Specific Plan Amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
3. FINDINGS FOR USE PERMIT (Municipal Code Section 17.68.050) a. The proposed use is consistent with all applicable sections of the General Plan and Title 17 and is consistent with any applicable Specific Plan; The 2007 Town of Mammoth Lakes General Plan land use map designates the entire project site Clearwater Specific Plan (CSP). The CSP land use designation allows hotel, condominium-hotel, workforce housing, street front retail along Old Mammoth Road, and plaza areas for gathering/events. The Outbound Hotel “Villas” Project proposes to subdivide five existing fourplex (“Villas”) structures into twenty condominium hotel units. The location of the Villa structures is situated in Land Use Area 2 of the CSP, which allows condominium hotel uses subject to use permit and subdivision map approval.
Therefore, the proposed conversion of twenty hotel units into twenty
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condominium hotel units is consistent with the CSP General Plan land use designation.
The CSP sets forth the land use development standards for this site rather than Title 17 (Zoning Code). The proposed subdivision of the five (5) existing fourplex structures into twenty (20) condominium hotel units is consistent with the CSP land use designation which allows hotel, condominium hotel, retail, restaurant uses as well as amenities to enhance the visitor experience and support long-term visitation.
b. The proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health and safety nor materially injurious to properties or improvements in the vicinity; and The proposed use and the conditions under which it would be operated will not be detrimental to the public health or safety nor materially injurious to properties or improvements in the vicinity because the Clearwater Specific Plan EIR (SC# 2006062154) and the 2021 Addendum analyzed potential impacts of the proposed use related to aesthetics, air quality, noise, hazards and hazardous materials, traffic, and other issues. The analyses prepared for each potential impact category concluded that the proposed project would not have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly, following conformance with the existing regulatory framework and mitigation measures.
c. The Commission shall make such other findings as deemed necessary to support approval or denial of the proposed use.
The Outbound Hotel “Villas” Project includes a Tentative Tract Map for the proposed subdivision of the existing twenty hotel units for condominium hotel purposes. The subsequent amendment to the Amended Phase One CSP includes the addition of a definition for condominium hotel uses as well as operating standards that are consistent with the Municipal Code and the CSP operating standards. These clarifications to the Amended Phase One CSP will ensure that the condominium hotel units continue to be operated and used as transient rentals, thereby providing an alternative lodging option that promotes a mix of uses in a pedestrian-scaled environment at a scale and form appropriate to the neighborhood context and adjacent residential uses and forms.
4. SUBDIVISION MAP ACT FINDINGS. (State Map Act §66474) a. The proposed map is consistent with applicable general and specific plans.
The proposed map is consistent with applicable 2007 General Plan, and with the subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) because the proposed subdivision of the five existing fourplex structures into twenty condominium hotel units that may be sold individually is a permitted use within Land Use area 2 of the Clear Water Specific Plan and is consistent with intended uses described in the General Plan Land Use
Resolution No. PEDC 2025-02
designation for the CSP. The General Plan land use description for the CSP states that the designation is intended to create a visitor-oriented entertainment, retail, and lodging district with uses including hotels, and similar visitor accommodations along with supporting restaurants, retail and services. b. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
No additional development on the site is currently proposed. However, the existing design and improvements of the subdivision are consistent with the applicable General Plan and Clear Water Specific Plan because the CSP establishes minimum parcel size for the creation of new parcels within the CSP and allows for alternative parcel sizes to be established for condominium uses in accordance with the proposed development, and subject to the approval of a subdivision map and use permit.
c. The site is physically suitable for the type of development.
The site is physically suitable for the type of development proposed because construction of the Amended Phase One CSP project is almost complete, and the five “Villa” structures already exist and are currently operated as traditional hotel units. The existing surface parking area located on the south side of the “Villas” can accommodate the twenty-one (21) parking spaces required to be dedicated for use by the twenty (20) proposed condominium hotel units.
The project site consists of approximately 6.1 acres and the proposed subdivision boundaries are situated so as to comply with the development standards of the CSP and the Municipal Code including minimum lot size,street access, snow storage, parking, utilities, and trash enclosure access.
Additionally, since the subject “Villa” structures already exist and the site is an in-fill development, all utilities and access roadways have been improved and/or extended to service the Project area.
d. The site is physically suitable for the proposed density of development.
The site is physically suitable for the proposed density of development because construction of the Amended Phase One CSP project is almost complete, and the proposed subdivision is only applicable to the five existing fourplex structures which are proposed to be converted from traditional hotel units to condominium hotel units.
e. The design of the subdivision or the proposed improvements are not likely to cause substantial environment damage or substantially and avoidably injure fish or wildlife or their habitat.
The design of the subdivision is not likely to cause substantial environmental damage or substantially injure fish or wildlife because the project is not located within an environmentally sensitive area and because the CEQA Addendum that was prepared for the Amended Phase One CSP project supports the
Resolution No. PEDC 2025-02
conclusion that the proposed project would not cause substantial environmental damage or substantially injure fish or wildlife.
f. The design of the subdivision and types of improvements is not likely to cause serious health problems.
The design of the subdivision is not likely to cause serious public health problems because a CEQA Addendum was prepared for the scope of the Amended Phase One CSP development project, and identified applicable mitigation measures from the certified Clearwater Specific Plan Environmental Impact Report EIR (SCH# 2006062154) which have been included as conditions of approval to ensure health-related impacts are reduced to a less than significant level. No evidence has been submitted during the planning review process to indicate that the Project would cause any serious public health problems. All necessary public services are currently provided, or can be extended to, the site for those individuals occupying and using the proposed condominium hotel facilities.
g. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision because all easements are shown on the tentative tract map and/or are required through the conditions of approval for the project. The proposed parcel configuration for the condominium hotel use can be accessed from Sierra Nevada Road and Laurel Mountain Road, which provides adequate street alignment and width to serve the project.
Resolution No. PEDC 2025-02
SECTION 2. PLANNING AND ECONOMIC DEVELOPMENT COMMISSION ACTIONS. The Planning and Economic Development Commission hereby takes the following actions:
1. Recommends to the Town Council adoption of the required CEQA and Municipal Code findings; and
2. Recommends to the Town Council approval of District Zoning Amendment (DZA) 24-001, Tentative Tract Map (TTM) 24-003, and Use Permit (UPA) 24-004.
PASSED AND ADOPTED this 12th day of February 2025, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
________________________________ ________________________________ Nolan Bobroff, 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.
Resolution No. PEDC 2025-02
EXHIBIT “A”
Resolution No. PEDC 2024-13
Case No. DZA 24-001, UPA 24-004, TTM 24-003
CONDITIONS OF APPROVAL
PLANNING DIVISION CONDITIONS
STANDARD PLANNING CONDITIONS
1. This approval authorizes the following:
a. The subsequent amendment to the Amended Phase One CSP to modify the permitted uses for the Amended Phase One CSP by adding condominium hotel uses subject to a use permit and subdivision approval. The proposed amendment includes a definition for condominium hotel uses, adds development and operating standards applicable to condominium hotel uses, and removes language that excludes condominium hotel uses within the Amended Phase One CSP development.
b. Approval to subdivide the existing 20 units within the five (5) existing fourplex structures referred to as the “Villas” units into 20 condominium hotel units that may be sold individually.
2. The approved tentative tract map includes: Tentative Tract Map Plan Sheets 1-2, dated received by the Town on October 21, 2024. Drafts of theReciprocal Easement Agreement (REA) and Exhibit A (Parking and Snow Storage), Exhibit C (Private Roadways and Paths of Travel) and Exhibit E (Shared Utilities Plan) were dated received by the Town on November 27, 2024. Prior to final map approval and recordation, the final REA and associated exhibits shall be reviewed and approved to the satisfaction of the Engineering Manager and Public Works Director.
3. This permit and all rights hereunder shall automatically terminate unless the Final Map is approved within two years after the issuance of this permit, or an extension of time has been granted in accordance with Municipal Code §17.60.060.B.
4. All new improvements constructed on the site shall be in compliance with all Town of Mammoth Lakes, County of Mono, Mammoth Community Water District, the Mammoth Lakes Fire Protection District, the CRWQCB Lahontan District, Great Basin Air Pollution Control District, OSHA, State of California and United States of America laws, statutes, ordinances, regulations, directives, orders, and the like applicable thereto and in force at the time thereof. Any violation of the above may constitute grounds for revocation under Chapter 17.128 of the Mammoth Lakes Municipal Code.
5. This resolution of approval, as conditioned herein, shall be recorded for the subject property by the Mono County Recorder’s Office to commence the approved use on the property or the issuance of any building permits for new or remodeled structures.
6. The site shall be maintained in a neat, clean and orderly manner. All improvements shall be maintained in a condition of good repair and appearance. Outdoor storage
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of equipment and other materials, except for firewood, is prohibited. Non-operating vehicles, equipment and materials inappropriate to the site and its use shall not be stored within outdoor areas on the site.
7. Storage of construction materials and equipment off-site shall not be permitted without a permit issued by the Community and Economic Development Department of the Town. Any public or private property altered, damaged or destroyed by site preparation, grading, construction or use shall be restored to its pre-existing condition by the permittee.
8. All uses are subject to review by the Building Official of the Town of Mammoth Lakes and must conform to occupancy ratings of the structures to obtain occupancy.
9. Town staff shall have the right to enter the subject property to verify compliance with these conditions. The holder of any permit associated with this project shall make the premises available to Town staff during regular business hours and shall, upon request make records and documents available to Town staff as necessary to evidence compliance with the terms and conditions of the permit.
10. Prior to the issuance of a certificate of occupancy, the applicant shall pay all applicable fees as prescribed by ordinance and/or resolution and pay any fees due on the project processing account.
11. Where compliance with the conditions of approval or applicant-initiated changes to the plans require additional staff review, that review time shall be billed at the Town’s established billing rates. Prior to the issuance of a building or grading permit, the applicant shall pay all outstanding costs for the processing of this application.
12. This action may be appealed to the Town Council within fifteen (15) calendar days from the date of Planning and Economic Development Commission approval in accordance with Municipal Code Chapter 17.104.
13. Pursuant to Government Code Section 66474.9 the subdivider shall defend, with counsel selected by the Town, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town and its agents, officers, or employees to attack, set aside, void, or annul, an approval of the Town, advisory agency, appeal board, or legislative body concerning this approval, which action is brought within the time period provided for in Government Code Section 66499.37. The Town shall promptly notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the defense.
14. All exterior lighting shall comply with Chapter 17.36.030 of the Town of Mammoth Lakes Municipal Code, Exterior Lighting. Exterior light fixtures having a total of over 400 lumens of output shall be equipped with shields that extend below the horizontal plane of the light source to direct the light downward onto the structure or surrounding grounds. Accent lighting is permitted as described in Municipal Code Section 17.36.030.F.6. This shall be verified prior to issuance of a certificate of occupancy.