Chapter 17.32 — SPECIAL PURPOSE ZONING DISTRICTS

In addition to the purposes outlined in Section 17.04.010, the following special purpose zones are established because of the special or unique land use character characteristics with which they are associated and because of the need to implement specific sections of the general plan.

(1)

Overlay zones. The special purpose overlay zones are as follows:

a.

Equestrian Overlay Zone (E).

b.

Open Space/Stream Corridor Protection Overlay Zone (OSSC).

c.

Snow Deposition Design Overlay Zone (SDD).

(2)

Special purpose zones. The special purpose zones are as follows:

a.

Airport Zone (A).

b.

Mobile Home Park Zone (MHP).

c.

Open Space Zone (OS).

d.

Planned Residential Development Zone (PRD).

e.

Public and Quasi-Public Zone (P-QP).

f.

Resort Zone (R).

(Code 1990, § 17.32.010; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 21-01, § 4.c.(exh. 2), 1-20-2021)

(a)

Purpose. In addition to the purposes outlined in Section 17.04.010, the equestrian overlay zone is intended to provide areas where the keeping of horses or pack stock is permitted subject to various standards of operation and maintenance which are designed to minimize the impacts of animals on adjacent properties and uses.

(b)

Permitted uses. The equestrian overlay zone shall permit the keeping of horses or pack stock only as a use accessory or subordinate to an existing permitted use on the site; provided, however, that such horses or pack stock are maintained only for the personal use of the members of the family or household residing on the premises. No commercial operations shall be permitted on property that does not belong to members of the family or household residing thereon.

(c)

Property maintenance standards. The keeping of horses in the equestrian overlay zone shall be subject to the following standards:

(1)

The minimum lot size shall be 20,000 square feet;

(2)

A maximum of two horses may be kept on a lot having 20,000 square feet; one additional horse may be kept for each additional 10,000 square feet of lot area;

(3)

No horse may be kept, pastured or penned closer than 50 feet to a dwelling on an adjoining lot, but in no event closer than 25 feet to any property line;

(4)

All requirements of the County Environmental Health Department and Town Police Department (Animal Control) shall be satisfied;

(5)

Barns, stables, or similar structures shall be subject to the setback requirements of the main building but in no case may be located closer than ten feet to any side or rear lot line and shall not exceed 15 feet in height;

(6)

Animal confinement areas, including, but not limited to, pens and corrals, shall be maintained in a clean and orderly manner at all times. Accumulation of waste or other odor or insect producing material is not permitted; and

(7)

Animal confinement areas shall be located at least 50 feet away from any permanent lake or stream. Waste shall be controlled so that it does not wash directly or indirectly into any permanent lake or stream or neighboring properties.

(d)

Initiation of equestrian overlay zone.

(1)

The minimum size for an equestrian overlay zone shall be five acres. Additions to existing (E) zones shall meet the minimum area requirements as stated in Subsection (c)(1) of this section.

(2)

All procedures for initiating an equestrian overlay zone shall be as set forth in Chapter 17.108.

(Code 1990, § 17.32.030; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Purpose. In addition to the purposes outlined in Section 17.04.010, the open Space Stream Corridor Protection Zone is intended to protect sensitive stream and drainage courses from development, to recognize and preserve these environmentally sensitive areas as a community resource, and, to protect water quality and preserve wetland habitat.

(b)

Permitted uses. Permitted uses shall be identified by the underlying zone classification; however, in the open Space Stream Corridor Protection Zone, a use permit shall be required for all uses except for a single-family dwelling on a single lot. Any development rights associated with private property contained within this zone classification may be transferred to other private land holdings subject to the granting of a use permit.

(Code 1990, § 17.32.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Purpose. In addition to the purposes outlined in Section 17.04.010, the Snow Deposition Design Zone is intended to:

(1)

To identify those areas in Town where avalanche potential has been found to exist after specific investigation and study;

(2)

To minimize health and safety hazards related to avalanche potential; and

(3)

To promote the general public health, safety and welfare.

(b)

Applicability. The SDD zone applies to all areas with potential avalanche hazard due to being located immediately above, adjacent or otherwise within 150 feet of the 30-degree point of an avalanche starting zone, known herein as "areas adjacent to avalanche starting zones" as shown on the Town Zoning Map.

(c)

Use permit required. No development (including building permits, subdivision of land, but not the construction of roads, driveways, and utilities) shall be permitted, without first obtaining a use permit.

(1)

In addition to the requirements of Chapter 17.68, the use permit application shall contain certification by a recognized expert in the field of avalanche occurrence, force and behavior that there will be no greater snow deposition in the related avalanche starting zones and no overall increase in the avalanche hazard in the balance.

(2)

Town staff has the right to hire an expert to provide a second opinion, at the expense of the applicant, to review any of the calculations, studies, reports or certifications required under this section.

(d)

Warning and disclaimer of safety and liability. Avalanches occur naturally, suddenly and unpredictably based on many factors, including slope, exposure, snowpack composition, snowfall rate, wind and temperature. The SDD Zone is considered reasonable for regulatory purposes and is based upon and limited by the engineering and scientific methods of study. The Town does not represent, guarantee or warrant the ultimate safety of any construction, use or occupancy of structures situated in any avalanche area, whether designated or undesignated by this ordinance. Avalanches may occur with forces greater than those set forth in avalanche studies. This article does not represent or imply that areas outside the SDD Zone are free from avalanches or avalanche danger. The granting of any permit or approval for any structure or use, or the declaration or failure to declare the existence of an avalanche hazard shall not constitute a representation, guarantee or warranty of any kind or nature by the Town, or any official or employee, of the practicality or safety of any construction, use or occupancy thereof, and shall create no liability upon or cause of action against such public body, or its officials or employees for any injury, loss or damage that may result thereby. Persons who develop or occupy real property within an SDD Zone or other undesignated avalanche area do so at their own risk.

(Code 1990, § 17.32.050; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Purpose. In addition to the purposes outlined in Section 17.04.010, the airport zone is intended to implement the Airport Layout Plan, and the goals and policies in the general plan related to airport facilities.

(b)

Permitted and conditional uses. The following uses shall be permitted where the symbol "P" appears and shall be permitted subject to a use permit where the symbol "U" appears opposite the use. All uses are subject to the Airport Layout Plan and Federal Aviation Administration approval.

Table 17.32.050. Allowed Uses and Permit Requirements for Airport Zoning District

(c)

Development standards. Development standards shall conform to those set forth in the airport layout plan or as otherwise required by the Federal Aviation Administration.

(1)

Design. All facilities shall incorporate architectural, landscaping, signage and site design standards which support the goals and policies of the general plan. The design shall enhance the airport facility to ensure that a first class entry statement for the Mammoth Lakes resort community is maintained. All facilities shall be subject to design review under Chapter 17.88.

(2)

Operations. All facilities and operations shall be maintained in a safe and clean manner.

(3)

Yards, separation. All development shall have yards and separation between buildings and structures to provide adequate space for landscaping, vehicular/pedestrian circulation and emergency access as determined through the design review process. Hangars shall not require separation between structures.

(4)

Parking. Off-street parking, loading and delivery access shall be provided in conformance with parking requirements for similar uses. If similar uses are not listed in other sections of this chapter, adequate parking and access shall be determined through the design review process. The Town may require parking and circulation studies and other documentation to determine adequate parking and access.

(5)

Building height. Required aviation safety structures (e.g., light standards, antennas) maximum 45 feet, all others 35 feet.

(6)

Floor area. Floor area calculations do not include uncovered decks, uncovered parking spaces, or garages.

(7)

Development standards. Except as provided in this section, development standards shall be as specified in the use permit but shall not be less than those specified for similar uses in other zones.

(8)

Lighting. All lighting shall meet the requirements of Section 17.36.030.

(Code 1990, § 17.32.060; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Purpose. The MHP, Mobile Home Park Zone, is intended for the exclusive development of mobilehome parks. All mobilehome parks hereafter established shall be developed in accordance with the provisions and standards of this section. Mobilehomes parks also are intended to offer an alternative mode of housing to the residents of the community.

(b)

Permits required. A Zoning Map amendment is required to rezone property to MHP. In addition, Design Review is also required.

(c)

Park development standards. The following requirements shall apply to the site of a mobilehome park. Additional regulations may be specified by the Commission as conditions of the design review approval:

(1)

Minimum park area: ten acres;

(2)

Minimum park street frontage: 200 feet;

(3)

Minimum site area per unit (density): 5,000 square feet;

(4)

Maximum density: 12 units per acre;

(5)

Minimum yards or setbacks: 20 feet adjoining a street, ten feet adjoining any other lot line;

(6)

Maximum building height: 35 feet; and

(7)

Recreation area: minimum of 50 square feet of recreation area for each mobilehome space.

(d)

Landscaping and screening. All yards and setback areas required for mobilehome parks shall be landscaped in accordance with a site plan approved as a part of the zoning amendment and design review. The landscaping shall be permanently maintained and shall consist predominantly of native or climate adaptive trees and vegetation. Screening shall be provided around the entire park in accordance with the requirements established under design review.

(e)

Interior site development standards. The following requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of design review or as conditions of approval for the establishment of an MHP zone:

(1)

Mobilehome space. Each space shall contain a minimum of 4,000 square feet for exclusive use by the occupants of the space. Each space shall have at least 40 feet of width adjoining an access drive and shall have dimensions capable of accommodating a rectangle with minimum dimensions of 45 feet by 65 feet.

(2)

Mobilehome placement. Each mobilehome shall be located not less than ten feet from the boundary of a mobilehome space, except that carports, patio covers, storage buildings, and similar structures accessory to mobilehome may be located not less than three feet from the boundary of a mobilehome space.

(3)

Access drives. All mobilehome access drives within a mobilehome park shall be privately owned, and shall have at least 28 feet of pavement width, exclusive of adjoining parking areas, and shall be constructed to Town standards.

(4)

Landscaping. At least one tree of a native species shall be planted on each mobilehome space.

(5)

Minimum size mobilehome. The minimum size for a mobilehome established within a mobilehome park shall be 12 feet by 50 feet.

(6)

Accessory buildings and uses. Accessory buildings and uses serving the entire mobilehome park, including recreation facilities, laundry areas, mobilehome offices, and maintenance or storage buildings, shall be located at least 50 feet from the boundary of the mobilehome park site. All exterior maintenance or storage areas shall be screened by a six-foot masonry wall, fence, landscaping or a combination thereof.

(7)

Parking. One on-site parking space shall be provided for each mobilehome space.

(8)

Guest parking. Guest parking or recreational vehicle storage areas shall be provided as required by the Commission.

(9)

Skirting. Skirting shall be required and maintained for each mobilehome, which skirting shall be complementary to the design and coloration of the mobilehome.

(10)

Mounting and tie-down. The mounting and tie-down of a mobilehome shall be in conformance with all regulations of the State Department of Housing and Community Development.

(11)

Cabanas. A cabana may be established in conjunction with a mobilehome provided the cabana shall be complementary to the design and coloration of the mobilehome.

(f)

Application requirements. An application for the establishment of a mobilehome park must be accompanied by a general development plan showing the following:

(1)

The location, design and configuration of each mobilehome space;

(2)

The location and design of all accessory or community buildings, facilities and uses;

(3)

The location and design of all access drives, parking areas and storage yards;

(4)

The location and design of all walls, fences, on-site lighting facilities and a landscape palette;

(5)

The location and design of refuse collection facilities; and

(6)

The location and design of all utilities and storm drain facilities.

(g)

Pre-existing mobilehome parks. A pre-existing mobilehome park shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed by this chapter, provided that the regulations of this chapter shall apply to the remodeling, enlargement or expansion of an existing mobilehome park, and further provided that a pre-existing mobilehome park on a site less than ten acres shall not be further reduced in area.

(h)

Mobilehome park subdivisions. The subdivision of land for the establishment of a mobilehome subdivision shall comply with all of the requirements of this chapter and all provisions of the Subdivision Map Act, Government Code § 66410 et seq. and Title 16.

(Code 1990, § 17.32.070; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Purpose. In addition to the purposes prescribed in Section 17.04.010, the open space zone district is intended primarily to be applied to those areas of the Town where it is desirable and necessary to provide permanent open space in conformance with the open space designation of the general plan and to provide for the location and preservation of scenic areas and recreation areas. This zone classification is intended to be applied primarily to lands held under public ownership.

(b)

General permit requirements. Table 17.32.070 identifies the uses of land allowed by this chapter in the open space zone district, and the permit required to establish each use, in compliance with Section 17.08.020. The following is a key for the abbreviations used in Table 17.32.070:

Table 17.32.070 Allowed Uses and Permit Requirements for Open Space Zoning Districts

(c)

Development and performance standards. In the open space zone, standards of development and performance, including parking requirements for those uses requiring a use permit shall be set forth in the conditions of approval.

(Code 1990, § 17.32.080; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Purpose. In addition to the purposes outlined in Section 17.04.010, the planned residential development zone is intended to:

(1)

Facilitate development of areas designated for residential use on the general plan and currently zoned for residential use by permitting greater flexibility and, consequently, more creative and imaginative designs for the development of such residential areas than generally is possible under conventional zoning or Title 16.

(2)

Promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural and scenic qualities of open spaces.

(b)

Uses permitted.

(1)

Single-family and multifamily residential development;

(2)

Private residential recreational facilities;

(3)

Utilities;

(4)

Accessory uses and structures incidental to permitted uses;

(5)

Temporary uses as prescribed in Chapter 17.56; and

(6)

Model homes and subdivision sales offices subject to the granting of a use permit.

(c)

Development standards. The following development standards shall apply to all planned residential developments.

(1)

The maximum number of dwelling units permitted in a planned residential development shall be determined by applying the slope and density restrictions and bonuses of the underlying residential zoning district.

(2)

There shall be no minimum area requirement for individual lots or individual dwelling sites in a planned residential development.

(3)

The planned residential development shall be designed and developed in a manner compatible with and complementary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development.

(4)

The following specific site development requirements shall apply to a planned residential development in any residential zone; these requirements are minimums unless otherwise noted:

a.

Site area: 2½ acres;

b.

Site frontage on public street: 200 feet;

c.

Front yard: 20 feet;

d.

Side yard: ten feet;

e.

Side yard, street side: 20 feet;

f.

Rear yard: ten feet;

g.

Building height, maximum: same as underlying zone; and

h.

Site coverage, maximum: same as underlying zone.

(5)

Required open space and recreation areas shall comprise at least 40 percent of the total land area of the planned development. Land occupied by recreational buildings and structures may be counted as required open space.

(6)

Open space may be improved or may be left in its natural state particularly if natural features worthy of preservation exist on the site. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements may be applied toward satisfying the open space requirement.

(7)

If development is to be accomplished in stages, the use permit approval shall phase improvements and provision of the open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development.

(8)

No building, except as provided in this article, shall be located closer than five feet to any interior vehicular lot or any other surfaced area reserved for public use or for use in common by residents of the planned development. Such setback generally shall be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement.

(9)

No garage or carport having straight-in access from a public or private street shall be located closer than 20 feet from the nearest edge of the sidewalk of such street, or, where no sidewalk exists, from the nearest edge of the street right-of-way or road easement.

(10)

Spacing between buildings shall be a minimum of ten feet. Where a roof sheds snow toward another building, the spacing between buildings shall be increased or alternate design requirements shall be imposed by the Commission.

(11)

All public streets within or abutting the proposed planned development shall be dedicated and improved to Town specifications for the particular classification of street. When the developer desires to retain any streets within the development as private streets, such streets shall be permanently reserved and maintained for their intended purposes by means acceptable to the Commission upon recommendation of the Public Works Director. Other forms of access, such as pedestrianways, courts, plazas, driveways or open parking lots shall not be offered for dedication.

(12)

Planned residential development shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourses, drainage areas, wooded areas, rough terrain, and similar natural features and areas, and shall be otherwise so designed as to use and retain such natural features and amenities to the best advantage.

(13)

All utilities within a planned residential development shall be placed underground. Appurtenances and associated equipment such as propane tanks, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground.

(14)

The type, number and location of fire hydrants and other fire protective devices shall be subject to the specifications of the Mammoth Lakes Fire Protection District.

(d)

Performance and environmental standards. In the planned residential development zone, performance and environmental standards for individual projects shall be as specified in the development plan but shall not be less than those specified for similar uses in the residential zones.

(e)

Pre-application procedures. Prior to submitting an application for a planned residential development, the applicant or prospective developer shall hold preliminary consultations with the Director to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparation of plans, surveys and other data.

(f)

Permits required. A planned residential development requires filing of a Zoning Map amendment, zoning text amendment, and use permit in order to establish the zone and development standards.

(g)

Application, development plans and maps. An application for a planned residential development, or modification of an existing planned residential development, shall be prepared, filed, and processed in compliance with Chapter 17.60 and shall include all information specified by the Department.

(h)

Adoption of development plans and maps. The development plans and maps submitted with the application for a planned residential development shall be approved and adopted in accordance with the provisions of Chapter 17.108.

(i)

Amendments to development plans and maps. All development within the planned residential development zone shall comply with the development plans and maps as approved and adopted by the Council. Any amendments to the development plans and maps shall be accomplished in the same manner as an amendment to the zoning regulations as prescribed in Chapter 17.108.

(j)

Findings. As a condition necessary for the granting of a planned residential development zone request, the following findings shall be made:

(1)

That the development at the location proposed is consistent with and conforms to the goals and policies of the general plan or any applicable specific plan for the area;

(2)

That the development and proposed location is consistent with the objectives and standards of the planned residential development zone and the subdivision ordinance;

(3)

That the development at the location proposed and the development standards to be followed or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

(4)

That the development will promote or preserve environmental qualities and conserve energy usage and energy resources, including the protection of adequate sunlight for use of solar energy systems; and

(5)

That the development will promote design standards established by the Commission and the Council.

(k)

Accessory uses and structures. Accessory uses and structures shall be located and established as specified on the development plans and maps as approved and adopted by the Council; however, accessory structures shall meet all of the setback requirements for site development as specified in Subsection (c) of this section.

(Code 1990, § 17.32.090; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Purposes. In addition to the purposes prescribed in Section 17.04.010, the public and quasi-public zone is intended to permit adequate identification of areas reserved and developed for public uses other than street rights-of-way, to provide for educational and cultural activities and facilities, to provide for expansion of their operations or change in use, and, to identify and preserve areas of historic and community significance for the enjoyment of future generations.

(b)

General permit requirements. Table 17.32.100 identifies the uses of land allowed by this chapter in the public and quasi-public zone district, and the permit required to establish each use, in compliance with Section 17.08.020. The following is a key for the abbreviations used in Table 17.32.100:

Table 17.32.100 Allowed Uses and Permit Requirements for Public and Quasi-Public Zoning Districts

(c)

Property development standards. The following development standards shall apply to all development in the public and quasi-public zone district.

(1)

Site standards.

a.

Site area: 20,000 square feet;

b.

Site width: 100 feet;

c.

Site depth: 100 feet;

d.

Front yard: 20 feet;

e.

Side yard: 20 feet; and

f.

Rear yard: 20 feet.

(2)

Accessory unit standards. The maximum density for accessory housing is four units per gross acre and subject to RMF-1 development standards.

(3)

Physical wellness and rehabilitation facilities floor area ratio standards. The maximum floor area ratio for physical wellness and rehabilitation facilities is 0.5.

(4)

Screening and landscaping. Standards for screening of facilities and uses and landscaping of the site shall be as specified in the use permit or design review approval.

(5)

Off-street parking. Off-street parking facilities shall be provided for each use as prescribed for similar uses in this chapter.

(d)

Performance and environmental standards. Performance standards shall be as specified in the use permit but shall not be less than those specified for similar uses in other zones.

(Code 1990, § 17.32.100; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 17-10, § 4(exh. A), 11-1-2017; Ord. No. 19-02, § 4(exh. A, a., b.), 3-6-2019)

(a)

Purpose. In addition to the purposes outlined in Section 17.04.010, the resort zone is intended to:

(1)

Provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large scale community planning;

(2)

Allow diversification of land uses as they relate to each other in a physical and environmental arrangement, while ensuring substantial compliance with the provisions; and

(3)

Provide for a zone classification encompassing various types of land uses, such as single-family residential developments, multiple housing projects, professional and administrative office uses, hotels, including attendant support commercial activities, recreational facilities, public or quasi-public uses, or combinations of such uses through the adoption of a master plan and text materials which set forth land use relationships and development standards.

(b)

Uses permitted.

(1)

Those uses designated on the master plan for the particular property as approved by the Council;

(2)

The continuation of all land uses which existed in the zone at the time of adoption of the master plan. Existing land uses shall either be incorporated as part of the master plan or shall terminate in accordance with a specific abatement schedule submitted and approved as part of the master plan;

(3)

Transient occupancy or rental not otherwise explicitly prohibited by the approved master plan for the particular property;

(4)

Utilities;

(5)

Accessory uses and structures incidental to permitted uses;

(6)

Temporary uses as described in Chapter 17.56; and

(7)

Fractional-use projects subject to Section 17.52.120.

(c)

General requirements. The following requirements shall apply to all resort zone properties:

(1)

An application for a zone change to permit the establishment of a resort zone shall include and be accompanied by a master plan for the entire property;

(2)

An application for development of property within a resort zone shall be subject to the approval of a master plan by the Commission and Council;

(3)

The area contained within a proposed resort zone shall be not less than 20 acres;

(4)

A use permit may be required for any land use designation on the master plan;

(5)

If ambiguity exists as to the specific dimensions or extent of any designated area on the master plan, the specific boundaries shall be set by the filing of a record of survey of the parcel in question in conjunction with the filing of a use permit, tentative subdivision, or parcel map, or construction permits;

(6)

The maximum permissible residential density is eight units per acre;

(7)

The maximum permissible hotel/motel density is 16 hotel rooms per acre. For the purposes of calculating residential density, a hotel room, one bedroom unit or studio unit up to a maximum of 850 square feet of

living area, shall be considered to equal one-half of a dwelling. Living area is all space within the unit other than the garage and does not include common area hallways or similar spaces in a multiple-family structure;

(8)

The maximum site coverage in a master plan area shall be 50 percent; and

(9)

Existing properties located within a resort zone shall not be subdivided unless the subdivision map is in conformance with an approved master plan.

(d)

Performance and environmental standards. In the resort zone, performance and environmental standards shall be as specified in the master plan or accompanying text consistent with Chapter 17.116. Also, the master plan shall indicate the design theme for the entire project; generally, the theme shall conform to Chapter 17.88.

(e)

Pre-application procedures. Prior to submitting an application for a resort development, the applicant should hold preliminary consultations with the Director to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparations of plans, surveys and other data. Such preliminary consultations should be relative to a preliminary master plan and other material which expresses the relationship between the various land uses and the development concepts to be employed.

(Code 1990, § 17.32.110; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

(a)

Recitals. The recitals set forth in the ordinance from which this section is derived are true and correct, and, together with the findings set forth in this section, constitute the Town Council's findings in support of adoption of the ordinance from which this section is derived.

(b)

Renewal. The Town hereby renews the Mammoth Lakes Tourism Business Improvement District (MLTBID), for a five-year life, beginning September 1, 2023, through August 31, 2028, under the provisions of the Property and Business Improvement District Law of 1994, as set forth in Streets and Highways Code § 36600 et seq.

(c)

Management district plan. The management district plan (plan) dated June 14, 2023, is hereby adopted and approved.

(d)

Activities and improvements.

(1)

General funding of assessment levy. The activities and improvements to be provided to benefit tourism businesses in the MLTBID will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used to provide activities that directly benefit tourism businesses outside the MLTBID;

(2)

Findings. The Town Council finds as follows:

a.

The activities funded by the assessment will provide a specific benefit to assessed tourism businesses within the MLTBID that is not provided to those not paying the assessment.

b.

The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.

c.

The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.

d.

Assessments imposed pursuant to the MLTBID are levied solely upon each assessed tourism business, and the tourism business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a customer, that portion shall be specifically called out and identified for the customer in any and all communications from the tourism business owner as the "MLTBID Assessment" or "Tourism Assessment" as specified in the Plan;

(3)

Applicability of assessments. The assessments levied for the MLTBID shall be applied toward sales, marketing, media relations and communications programs, and air service marketing and subsidy programs, and other improvements and activities as set forth in the Plan.

(4)

Assessment on basis of benefit for tourism and commerce. Assessments levied on tourism businesses pursuant to this section shall be levied on the basis of benefit. Because the services provided are intended to increase tourism and commerce at assessed tourism businesses, and to encompass all types of

assessed tourism businesses, an assessment based on lodging gross short term room rental revenue, ski and golf activities ticket revenue, and restaurant gross revenue, as detailed herein and in the management district plan, is the best measure of benefit.

(5)

Budget. The assessments for the entire MLTBID will total approximately $6,668,250.00 in year one, commencing on September 1, 2023.

(6)

Bonds. Bonds shall not be issued to fund the MLTBID.

(7)

Boundaries. The renewed MLTBID includes all tourism businesses located within the boundaries of the Town, as shown on the map in Section IV of the management district plan. As used herein, the term "tourism businesses" includes all tourism businesses: lodging businesses, restaurants, retail businesses, golf courses and ski resorts, as described in the management district plan.

(8)

Assessments.

a.

Based on the benefits received, the assessment rate will be tiered as indicated in the table below. The assessment is levied upon and is a direct obligation of the assessed tourism business. However, the assessed tourism business may, at its discretion, pass the assessment on to patrons. The amount of assessment, if passed on to each patron, shall be disclosed in advance and separately stated from the amount of consideration charged and any other applicable taxes, and each patron shall receive a receipt for payment from the business. Further detail on benefits can be found in Section IV of the management district Plan.

b.

Businesses situated within other businesses, such as restaurants located within a hotel or ski resort, will be assessed at the rate for that business type and not at the rate of the other business they are situated in. Certain revenues and businesses will not be assessed as described in Section IV of the management district plan. Assessment rates are:

*Only applicable upon submission and approval of an appeal.

(9)

Appeals. Retail and restaurant businesses are divided into three tiers as described below. All restaurant and retail businesses are assessed at the Tier 1 rate, unless and until an appeal is submitted and approved to be classified as Tier 2 or Tier 3. If a business is reclassified as Tier 2 or 3 upon a successful appeal, the business will be refunded any assessment paid in excess of their Tier classification within the last fiscal year, as described in Appendix 3 of the management district plan. Restaurant and retail businesses may submit appeals following the process described in Appendix 3 of the management district plan.

a.

Tier 1 businesses are those which have at least $150,000.00 in annual gross revenue and receive at least half of their annual gross revenue from visitors;

b.

Tier 2 businesses are those which have between $50,000.00 to $149,999.00 in annual gross revenue, or which do not receive at least half of their annual gross revenue from visitors; and

c.

Tier 3 businesses are those which have $49,999.00 or less in annual gross revenue.

(10)

Collections. The Town will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from those tourism businesses that are assessed a percentage rate; and collecting the assessment on an annual basis in conjunction with renewal of business licenses or the appeal decision from those tourism businesses that are assessed a fixed amount.

(11)

Owners' Association. The Town Council, through adoption of the ordinance from which this section is derived and the plan, has the right, pursuant to Streets and Highways Code § 36651, to identify the body that shall implement the proposed program, which shall be the Owners' Association of the MLTBID, as defined in Streets and Highways Code § 36612. The Town Council has determined that Mammoth Lakes Tourism will continue to serve as the Owners' Association for the MLTBID. The Mammoth Lakes Tourism board of directors will continue to represent the various assessed tourism businesses. The board will include, at a minimum, the following directors:

a.

One director selected by the Town Council.

b.

One director representing Mammoth Mountain Ski Area.

c.

One director representing the Mammoth Lakes Chamber of Commerce.

d.

Two directors representing assessed lodging businesses.

e.

One director representing an assessed retail business.

f.

One director representing an assessed restaurant business.

g.

Two directors at-large with an interest in tourism.

Adoption of this Ordinance authorizes the Town Council to contract with Mammoth Lakes Tourism to administer the MLTBID.

(12)

Annual report. Mammoth Lakes Tourism, pursuant to Streets and Highways Code § 36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the MLTBID.

(13)

Amendments to enabling legislation. The MLTBID renewed pursuant to this Ordinance shall be subject to any amendments to the Property and Business Improvement District Law of 1994 (Streets and Highways Code § 36600 et seq.).

(Ord. No. 23-05, 6-14-2023)