Chapter 18.142 — DYER MOUNTAIN INITIATIVE (MEASURE V)

The title of the ordinance codified in this chapter is the Dyer Mountain Initiative. (Passed by the vote of the people 11-7-00)

1. The people of Lassen County find that they can no longer rely primarily on prison facilities and a declining timber industry to sustain the county's economy. The people of Lassen County find there is limited opportunity for private economic development.

2. The people of Lassen County desire to diversify the local economy by attracting major investment for a new four-season mountain resort on Dyer Mountain. Such a facility would provide recreational opportunities throughout the year, including skiing and golf.

3. The people of Lassen County desire to increase the range of recreational opportunities available to county residents, including golf, skiing, fishing, bicycling, hiking and horseback riding.

4. The people of Lassen County find that a new four-season mountain resort will provide new fulltime and part-time jobs. These job opportunities will generate additional private sector investment and employment throughout the county, enhance existing small businesses and encourage new small businesses.

5. The people of Lassen County find that a new four-season mountain resort will help revitalize the county's economy and generate new tax revenues for the county without imposing any new taxes or fees on current Lassen County residents.

6. The people of Lassen County find with the decline of the timber industry, that there has been limited opportunity for private economic development. In recent years, economic growth has been focused on prison facilities. It is the desire of the people to diversify the local economy by attracting major investment for a four-season mountain resort in the Dyer Mountain area. Such a facility would attract tourist activity throughout the year, including skiing, golf, and other recreation uses. A four-season mountain resort will provide direct job benefits in the form of major construction activities as well as ongoing employment to operate the facilities once constructed. These primary employment opportunities will in turn generate additional private sector investment and employment throughout the county.

7. The purpose of the Dyer Mountain initiative is to make changes to the county general plan and zoning ordinance to allow a four-season mountain resort in the vicinity of Dyer Mountain and Mountain Meadows Reservoir. These changes will create the opportunity for golf, skiing, fishing, trails and other resort type recreation facilities, shops, lodges, condominiums, single-family and other residential uses, and commercial facilities such as conference facilities and restaurants, centered around a village and neighborhoods. The four-season mountain resort will serve local day users, overnight visitors and permanent residents.

8. In summary, the Dyer Mountain initiative achieves these purposes by:

• a. Amending the general plan to add a new land use category of mountain resort (MR) and applying this designation to property in the vicinity of Dyer Mountain. This new classification sets forth a list of allowed uses and standards applicable thereto and makes a corresponding change to the land use map. To promote the development of a four-season mountain resort, and to allow for independent planning of the Westwood and Clear Creek areas, this measure amends the Westwood Plan by modifying existing plan language and by delineating a new planning boundary between Dyer Mountain and the Westwood and Clear Creek areas.

  • b. Amending the zoning ordinance to add a new zoning classification of mountain resort (MR). The classification enumerates the specific land uses allowed to take place on land zoned for this specific use. This initiative makes corresponding changes elsewhere in the zoning code necessary to implement the addition of the MR ordinance and the MR designation in the general plan.

  • c. Amending the county zoning map to specifically designate the vicinity of Dyer Mountain and the southwestern portion of Mountain Meadows Reservoir as mountain resort (MR).

  • d. Amending the zoning ordinance to modify the list of allowed uses permitted within the T-P-Z zoning district and other districts.

• e. Establishing the policy of Lassen County that the county shall take such actions as are reasonably necessary to provide for the implementation of this initiative.

• (Passed by the vote of the people 11-7-00)

The Lassen County General Plan 2000 is amended as provided below:

1. The reference to area plans found on the bottom of page 1-4, is amended to read as follows: Westwood (1968, as amended 2000).

2. The reference to area plans found on page 2-2 is amended to read as follows: Westwood (1968, as amended 2000).

3. Policy LU-8 on page 2-7 is amended to read as follows:

"Future residential development should consist of the expansion of, or be located adjacent to, existing communities, designated residential centers, established residential areas or shall be integrated into and made part of an overall resort facility concept, such as the Mountain Resort land use designation. An increasing number of small, isolated housing tracts in outlying areas shall be discouraged since they are difficult to provide with urban services and they tend to disrupt the surrounding rural and productive activity of ranches, forests and farms."

4. Policy LU-10 on page 2-8 is amended to read as follows:

"Subdivision map applications proposing to create parcels primarily for residential development shall not be approved in areas outside of fire protection districts unless conditioned upon annexation to a district, formation of a new district, or approval of fire protection services with an equivalent level of safety (with limited exceptions, supported with special findings, through processes such as Segregation of Homesites, etc.)."

5. Policy LU-29 on page 2-13 is amended to read as follows:

"The County supports the economic viability of existing communities and will minimize the development of scattered commercial uses by directing commercial uses to existing town

centers and commercial areas or the orderly expansion of such areas, with limited exceptions including home occupations, resorts in designated areas, agricultural-related sales, and specially-considered local convenience and highway commercial sites."

6. Page 2-29. A new land use designation is added after the "Highway Commercial" designation to read as follows:

Mountain Resort

This Mountain Resort designation provides for a district established to promote a comprehensive development plan encouraging flexibility and innovation (e.g., cluster development with integration of recreation and open space components) in developing a fourseason mountain resort. This designation allows a range of complementary uses such as permanent and vacation housing, four-season resort type recreational, commercial and public facilities, including single family and multi-family residential units, lodges/clubs, hotels, inns and condominiums, as well as alpine and Nordic skiing, golf, fishing, marinas/water based sports, campgrounds, recreational vehicle parks, conference facilities, restaurants, and related retail stores and businesses. This designation also provides for natural resource protection and management, including timber production and harvesting.

multi-family residential units, lodges/clubs, hotels, inns and condominiums, as well as alpine and Nordic skiing, golf, fishing, marinas/water based sports, campgrounds, recreational vehicle parks, conference facilities, restaurants, and related retail stores and businesses. This designation also provides for natural resource protection and management, including timber production and harvesting.

At least 60% of land designated as Mountain Resort, exclusive of open bodies of water, shall be devoted to open space uses. These uses shall include undeveloped open space, the growing and harvesting of timber, agriculture, recreational trails, outdoor recreation (e.g., ski facilities, golf courses, tennis facilities, stables/pastures), areas of outstanding scenic, historic and cultural value, and lands such as meadows, wetlands, streams, lakeshores, and drainage swales.

Land uses shall be planned and implemented through a mixed-use village or town center plan. Village/town center uses shall include a mixture of permanent and vacation housing, restaurants, retail shopping, offices and community facilities. Other residential neighborhoods integrated with skiing, golf, other recreation amenities and mixed-use commercial facilities shall be incorporated into the overall plan.

For single family residential, building intensity may range from 0.02 to 7.25 dwelling units (DUA)per acre with a corresponding population density of up to 22 people per acre. For multifamily residential, building intensity may range from 2 to 20 units per acre with a corresponding population density of 6 to 60 people per acre.

For non-residential uses, building intensity may not exceed a floor-area-ratio of 1.00 (i.e., allowable building floor area compared to gross parcel size), except that residential and mixed use buildings may not exceed a floor-area-ratio of 3.0.

Corresponding Zoning: "MR" Mountain Resort District; "TPZ," Timber Production Zone District: "A-F," Agricultural Forest District; "H-R" Hydro-Electric District; ("U-C") Upland Conservation; ("U-C-2"), Upland Conservation/Resource Management District; and "P.U.D." Planned Unit Development.

7. Policy NR64, found on page 3-49, is amended to read as follows:

"The County encourages the development of commercial recreation facilities for the public's use, subject to the determination of the appropriateness and adequacy of specific sites and the mitigation of major land use conflicts and/or significant environmental impacts as may be required by the California Environmental Quality Act. All projects shall comply with applicable state and federal environmental laws including but not limited to the Federal Endangered Species Act, the California Endangered Species Act and Clean Water Act.

8. The first full paragraph on page 3-51 is amended to read as follows:

"The findings of the site evaluation of Dyer Mountain indicated that the physical prospects of developing the area as an alpine ski facility are exceptional. A market demand analysis further projected that, assuming a competent resort management team and an effective marketing campaign, a ski facility on Dyer Mountain would compete with considerable effectiveness in the regional marketplace and would be economically feasible within the existing constraints of the

northern California market. Concurrently, the studies found that the many natural attributes of Dyer Mountain and the Westwood area also afford many opportunities for the development of complementary year-round recreational amenities. Dyer Mountain is designated on the Land Use Map as Mountain Resort.

9. Amend the land use map of the Land Use Element.

10. Amend the circulation map of the Circulation Element. (Passed by the vote of the people 11-7-00)

To promote the development of the four-season mountain resort and to allow for independent planning of the Westwood area, the Westwood plan is amended as provided below:

Page 1. Amend the last paragraph to read as follows:

Locate recreation service centers: one at the Y on Route 39, and another at the Marina Recreation Center. A recreation service center will serve the commercial sport and recreation needs of residents and visitors.

Page 2. Delete the sixth paragraph under Recreation.

Page 3. Amend the third paragraph under Recreation to read as follows:

Develop Mountain Meadows Reservoir for fishing, birdhunting and other water based recreational uses. The land surrounding the Reservoir on the east should be considered for a State Park with uses limited to grazing and hunting.

Page 7. Amend the first full sentence to read as follows:

Two smaller recreation service facilities are shown at the enlarged airport and at the proposed marina and summer home area on Mountain Meadows Reservoir.

Page 10. Delete the fifth paragraph and adopt the following paragraphs:

The General Plan shows land use and related recreational opportunities at Dyer Mountain. This facility could include skiing, hiking, mountain biking and golf facilities. Both seasonal and permanent dwellings would be permitted. This type of land use would provide additional employment opportunities for Westwood, Clear Creek and other County residents, and would provide economic support for reinvestment in Westwood and Clear Creek.

The property designated Mountain Resort on Dyer Mountain may utilize its own treatment facility, or may connect to the Westwood system. Either treatment method must comply with appropriate state and federal laws and regulations.

Page 14. Delete the fourth bullet found under CARRYING OUT THE PLAN. (Passed by the vote of the people 11-7-00)