Mammoth Lakes Municipal Code Ch. 17.36 Standards for All Development and Land Use

(a) Purpose. The provisions of this chapter expand the standards of Chapters 17.16 through 17.32by addressing the details of site planning and project design that apply, except where specifically stated, to development in all zoning districts and to ensure that development, and new or modified land uses are of appropriate character and quality, considerate of the community's natural resources, compatible with existing and future land uses, and consistent with the general plan.

(b) Applicability, general standards. The provisions of this chapter apply to all proposed development and new land uses regardless of the applicable zoning district.

(1) These standards shall be considered in combination with the standards for each zoning district in Chapters 17.16 through 17.32. If there is a conflict, the standards specific to the zoning district shall override these general standards.

(2) All new or modified structures and uses shall comply with all applicable provisions of this chapter before construction and operation, unless specifically exempted by an applicable provision of this chapter.

(Code 1990, § 17.36.010; Ord. No. 14-02, § 4, 3-19-2014)

In reviewing the creation or modification of lots, the Town shall consider the suitability of the land for the proposed lot density and the suitability of individual lot sites for the proposed use. The specific items to be considered in determining suitability shall include, but not be limited to, access and parking; building sites on the lot; topography; grading; parking; snow storage; utilities; revegetation of cuts; fills and trenches that may be required; drainage and erosion control, both on-site and off-site; and any items addressed in any relevant environmental document.

(Code 1990, § 17.36.020; Ord. No. 14-02, § 4, 3-19-2014)

(a) Purpose. The purpose of this section is to provide rules and regulations for outdoor lighting within the Town in order to accomplish the following:

(1) To promote a safe, glare-free, and pleasant nighttime environment for residents and visitors;

(2) To protect and improve safe travel for all modes of transportation;

(3) To prevent nuisances caused by unnecessary light intensity, glare, and light trespass;

(4) To protect the ability to view the night sky by restricting unnecessary upward projection of light;

(5) To phase out existing nonconforming fixtures that violate this section, including those owned by the Town and other public agencies; and

(6) To promote lighting practices and systems that conserve energy.

(b) Figures. The figures incorporated in this section or shown on informational sheets produced by the Town are provided as guidelines for the public and staff to use in meeting the intent of this section. The figures serve only as examples. The Town does not endorse or discriminate against any manufacturer or company that may be shown, portrayed, or mentioned as examples.

(c) Applicability.

(1) New outdoor lighting. All outdoor lighting fixtures installed after the effective date of the ordinance from which this section is derived shall conform to the requirements established by this section.

(2) Existing outdoor lighting. All existing outdoor lighting fixtures installed prior to the effective date of the ordinance from which this section is derived shall be addressed as follows:

a. To immediately address nuisances caused by improperly installed, unshielded, or misdirected fixtures, all existing outdoor lighting fixtures shall be adjusted or modified to the extent practical to reduce or eliminate glare, light trespass, and light pollution.

b. All existing outdoor lighting fixtures located on a property that is part of an application for design review approval; a conditional use permit; subdivision approval; or a building permit for a new structure or additions of 25 percent or more in terms of gross floor area, seating capacity, or parking spaces (either with a single addition or cumulative additions), shall meet the requirements of this section for the entire property. Such applications are required to include an outdoor lighting plan pursuant to Subsection (g) of this section. Conformity shall occur prior to final inspection, final map recordation, or business license issuance, when applicable.

c. All existing outdoor lighting fixtures on property used for commercial and industrial purposes not in conformance with this section shall be brought into conformance as of the effective date of the ordinance from which this section is derived.

d. All existing outdoor lighting fixtures on property used for residential, institutional, public, and semi-public uses not in conformance with this section shall be brought into conformance as of the effective date of the ordinance from which this section is derived.

(d) Exemptions.

(1) The following are exempt from the provisions of this section:

a. Seasonal displays using multiple low wattage bulbs (approximately 15 lumens or less), provided that they do not constitute a fire hazard, create a nuisance, and are maintained in a safe and attractive condition.

b. Vehicular lights and all temporary emergency lighting needed by the Police Department and Fire Protection District, or other emergency services.

c. All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

d. All lighting required by State or Federal regulatory agencies.

(2) The Director may authorize additional property specific exemptions when proposed outdoor lighting does not conflict with the purposes of this section. An application for such an exemption must be made in writing and include an outdoor lighting plan pursuant to Subsection (g) of this section. Temporary lighting for special events shall be reviewed in this manner.

(e) General requirements. The following general standards apply to all non-exempt outdoor lighting fixtures:

(1) Nuisance prevention. All outdoor lighting fixtures shall be designed, located, installed, aimed downward or toward structures, retrofitted if necessary, and maintained in order to prevent glare, light trespass, and light pollution.

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(2) Maintenance. Fixtures and lighting systems shall be in good working order and maintained in a manner that serves the original design intent of the system.

(3) Lighting levels. Outdoor lighting installations shall be designed to avoid harsh contrasts in lighting levels between the project site and the adjacent properties. The Commission may, by resolution, adopt standards for maximum or minimum lighting levels for various zoning districts and for public streets, sidewalks, or trails, as developed by the community and economic development and Public Works Department.

(4) Lamp types. Metal halide or high-pressure sodium lamps are preferred for all new commercial and industrial area lighting (parking lot and yard lights) and street lighting installed after the effective date of the ordinance from which this section is derived due to good color rendering and good energy efficiency. Low pressure sodium lamps may be used for area lighting but are not preferred due to poor color rendering. Low wattage incandescent or compact fluorescent lamps are preferred for residential lighting.

(5) Fixture types. All new outdoor lighting shall use full cut-off luminaries with the light source downcast and fully shielded with no light emitted above the horizontal plane, with the following exceptions:

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a. Fixtures that have a maximum output of 400 lumens or less, regardless of the number of bulbs, may be left unshielded, provided that it has an opaque top to prevent the light from shining directly up. However, partial (e.g., obscured glass) or full shielding is preferred to control light output in all situations.

b. Fixtures that have a maximum output of 1,000 lumens or less may be partially shielded using a semi-translucent barrier, provided that the lamp is not visible from off-site, no direct glare is produced, and the fixture has an opaque top to keep light from shining directly up. For example, a low-output style wall pack.

c. Floodlights that do not meet the definition of the term "full cut-off" may be used if permanently directed downward, if no light is projected above the horizontal plane, and if fitted with external shielding to prevent glare and off-site light trespass. Unshielded floodlights and barnyard-type fixtures are prohibited.

(6) Accent lighting. Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure, the lamps are low intensity to produce a subtle lighting effect, and no glare or light trespass is produced. For national flags, statues, public art, or other objects of interest that cannot be illuminated with down-lighting, upward lighting may only be used in the form of one narrow-cone spotlight that confines the illumination to the object of interest.

(7) Section not to prevent alternatives. The provisions of this section are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed herein, provided that the Director has approved any such alternative. A proposed alternative may be approved if it provides at least approximate equivalence to the applicable specific requirements of this section, or if it is otherwise satisfactory and complies with the intent of this section.

(8) Right to further restrictions. The Town reserves the right to further restrict outdoor lighting, including, but not limited to, pole height and level of illumination, when it is deemed in the public interest consistent with the purpose of this section.

(f) Outdoor lighting plans.

(1) An outdoor lighting plan shall be submitted in conjunction with an application for design review approval; a use permit; subdivision approval; or a building permit for a new structure or additions of 25 percent or more in terms of gross floor area, seating capacity, or parking spaces (either with a single addition or cumulative additions). An outdoor lighting plan is required for all new outdoor lighting installations on commercial (includes multifamily residential project of four or more units), industrial, public and institutional properties. The Director may request outdoor lighting plans from applicants for other types of projects due to project location, size, or proposed use, as necessary. An outdoor lighting plan shall include at least the following:

a. Manufacturer specification sheets, cut-sheets, or other manufacturer provided information for all proposed outdoor lighting fixtures to show fixture diagrams and light output levels;

b. The proposed location, mounting height, and aiming point of all outdoor lighting fixtures (a site plan is preferred); and

c. If building elevations are proposed for illumination, drawings for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the luminance level of the elevations, and the aiming point for any remote light fixture.

(2) If needed to review the proposed outdoor lighting fixture installation, the Director may require additional information following the initial outdoor lighting plan submittal, including, but not limited to, a written narrative to demonstrate the objectives of the lighting, photometric data, Color Rendering Index (CRI) of all lamps and other descriptive information on the fixtures, computer generated photometric grid showing footcandle readings every ten feet within the property or site and ten feet beyond the property lines (an ISO-footcandle contour line style plan may be acceptable), or landscaping information to describe potential screening.

(3) The Director may approve, deny, or require modifications to any outdoor lighting plan in order to meet the purpose of this section.

(g) Prohibitions.

(1) The installation of any new fixture not in conformance with this section is prohibited after the effective date of the ordinance from which this section is derived.

(2) Suppliers of outdoor lighting fixtures within the Town are required to have an inventory that includes outdoor lighting fixtures that conform to the requirements of this section.

(3) No outdoor lighting fixtures shall be installed, aimed, or directed to produce light that spills over into neighboring properties or the public right-of-way. Light trespass is prohibited.

(4) No outdoor lighting fixture may be installed or maintained in such a manner to cause glare visible from off-site.

(5) No outdoor lighting fixture may be operated in such a manner as to constitute a hazard or danger to persons, or to safe vehicular travel.

(6) Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and internally illuminated signs are prohibited, except as allowed by Chapter 17.48.

(7) The installation of new mercury vapor lamps is prohibited.

(8) Search lights, laser source lights, or any similar high-intensity light is prohibited except by police and fire personnel or at their direction, or for approved temporary lighting under a special event permit issued by the Director.

(h) Signs. All outdoor lighting for signs shall conform to Chapter 17.48. Where this section conflicts with Chapter 17.48, Chapter 17.48 will take precedence.

(i) Outdoor performance, sport, and recreation facilities.

(1) Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be mounted, aimed, and shielded so that their beams fall within the primary playing area and immediate surroundings, and so that no significant off-site light trespass is produced.

(2) Lighting for playing fields and other special activity areas shall be turned off as soon as possible following the end of an event. Where feasible, a low level lighting system shall be used to facilitate patrons leaving the facility, cleanup, nighttime maintenance, and other closing activities.

(j) Winter lighting for snow removal. Property owners are encouraged to illuminate buildings located within 20 feet of the public right-of-way during public snow removal activities. The purpose is to make buildings fronting public roads visible in order to assist road maintenance crews and minimize the chance of property damage during snow removal activities. It is only necessary to illuminate a portion of the building facade. This section is not intended as a requirement to illuminate the right-of-way, driveways, or any portion of the front or side yard (Section 12.28.080). All such lighting must conform to the requirements of this section for down-direction, shielding, glare and light trespass prevention.

(k) Energy conservation measures. Incorrect installations, poor choice of fixtures, and over-lighting can result in unnecessarily high energy costs. The following recommendations are intended to encourage the efficient use of energy for lighting purposes:

(1) All non-essential outdoor commercial and residential lighting should be turned off after business hours or when not in use.

(2) Where practical, outdoor lighting installations should include timers, dimmers, sensors, or photocell controllers that turn the lights off during daylight hours to reduce overall energy consumption and eliminate unnecessary lighting. Sensor activated fixtures should not be triggered by activity off the subject property.

(3) When selecting new outdoor lighting, the full cost of operation over the life of the fixtures should be considered. Substantial annual energy savings will be realized by using quality efficient fixtures.

(4) Indiscriminate and excessive lighting should be avoided. Light should be directed only to where it is needed with appropriate intensity.

(l) Violations and penalties. It shall be unlawful to install or operate any outdoor lighting fixture in violation of this section. Any person violating any provisions of this section may be subject to the provisions of Chapter 1.18. In addition, any outdoor lighting fixture erected or maintained contrary to the provisions of this section may be declared to be a public nuisance subject to the procedures set forth in Chapter 8.20. Such remedies are in addition to and may be sought or imposed concurrently with, any other remedy provided by law, regulation, or ordinance.

(m) Figures and diagrams. The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting fixtures. Note that even those types of fixtures shown as acceptable must be installed and aimed properly to comply with this section.

[Figure]

(Code 1990, § 17.36.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

The following standards shall apply to the installation of fences and walls, regardless of whether a permit or Town approval is required by this section, except where an applicable specific or master plan establishes different standards. The provisions of this section shall not apply to a fence or wall required by law or regulation of the Town, State, or an agency thereof. For the purposes of brevity, the term "fence" as used in this section shall mean fence and wall.

(1) Fence height limitations. Fences are subject to the height limitations shown in Table 17.36.040A. An increase in height may be granted by the Director for required retaining walls.

Table 17.36.040(1). Height Limits for Fences

(2) Fence height measurement.

a. Fence height shall be measured as the vertical distance between the grade at the base of the fence and the top edge of the fence material.

b. Where there is a difference in the ground level between two adjoining parcels of less than two feet, the height of a fence constructed along the common property line shall be determined by using the natural grade of the lowest contiguous parcel.

c. When there is a difference in the ground level between two adjoining parcels of two feet or more, the Director shall determine the grade from which the fence shall be measured.

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(3) Retaining walls. All retaining walls visible from off-site shall be made of split face block, faced with rock, or similarly treated to be attractive.

(4) Prohibited materials. The use of barbed wire, chain link, rope, electrified fence, glass, razor wire fence, or similar materials in conjunction with a fence or wall, or by itself within any zoning district, is prohibited except for the following cases: chain link is allowed for tennis courts or similar recreational facilities, pet enclosures of 200 square feet or less, industrial uses, utility companies, or in areas where there is a safety hazard. If chain link is used it shall be painted or coated in a dark green, brown, or black color.

(Code 1990, § 17.36.040; Ord. No. 14-02, § 4, 3-19-2014)

(a) No lot may be graded or vegetation cleared unless such action is shown on and consistent with an approved development plan or building permit. Grading shall be limited to that area required for construction of the structure, utilities, driveways and access to one primary entrance of the structure which is provided for resident and guest access. Grading across multiple lots or multiple building sites is not permitted except as may be approved in conjunction with a master planned development when the proposed land use cannot be reasonably accommodated on separate lots. Front, side and rear yards may not be graded or cleared except to provide for:

(1) The above construction and access requirements;

(2) Limited additional access to the front (streetside) of the structure;

(3) Snow or materials storage;

(4) Landscaping which is exempt from grading and clearing regulations identified in Title 12; or

(5) As approved under a design review approval.

(b) Generally, existing trees and vegetation shall be preserved. Except as permitted by the Director, no live trees over 12 inches diameter at breast height (DBH) in diameter shall be removed. The Director shall base their approval upon the health of the trees, the necessity to remove the trees because of building or driveway construction or snow removal/storage, potential hazard, fuels reduction activities as approved by the Mammoth Lakes Fire Protection District, or solar access. Creation of views, lawns, or similar amenities shall not be sufficient cause to remove native trees. As mitigation for tree removal, the Director may require replacement plantings. Required replacement shall be limited to plantings in areas suitable for tree replacement with species identified in the Town Design Guidelines. Substantial replacement will be required, minimum replacement tree size shall be three gallons. The property owner is required to maintain replacement plantings to that approved by the Director.

(c) All construction and uses, including paving, driving and parking areas, shall comply with the discharge requirements of the Lahontan Regional Water Quality Control Board.

(d) All provisions of Chapter 12.08 shall apply.

(Code 1990, § 17.36.050; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 20-13, exh. A(c), 11-18-2020)

The intent of this section is to describe how building height is measured and describe exceptions to height limits. All structures shall comply with the following standards relating to height, except for fences and walls, which are instead subject to the provisions of Section 17.36.040.

(1) Maximum height of structures. The height of structures shall not exceed the standard established by the applicable zoning district in Chapters 17.16 through 17.32.

(2) Height measurement.

a. Building height calculation. Building height is measured from the finished grade at all points on the lot to the top of the structure directly above, i.e., maximum height is defined by a warped plane that is parallel to the finished grade on the lot.

1. Maximum height shall be measured from finished grade adjacent to the building exterior to the highest point of coping of a flat roof, the top of a mansard roof, or the highest point of the highest pitched roof.

2. The term "finished grade" is defined as the final ground surface elevation after the completion of grading or other site preparation related to a proposed development that conforms to an approved grading permit or building permit. In cases where substantial fill is proposed, finished grade shall be established by the Director, consistent with parcels in the immediate vicinity, and shall not be, nor have been artificially raised to gain additional building height.

3. Where a building sits atop a parking podium (underground parking) the building height shall be measured from the top of the parking podium provided that the building height does not increase by more than seven feet six inches.

4. Roofs of primary buildings with a pitch greater than 6:12 shall be allowed an additional five feet above the maximum building height in the zone, provided that snow shall not shed into any pedestrian areas. Accessory buildings and structures regardless of roof pitch shall not be allowed any additional building height.

[Figure]

b. Alternative building height calculation on lots having an average slope of ten percent or greater. These provisions allow a different way of calculating height on lots with an average slope calculated over the entire lot of ten percent or more due to the constraints associated with these sites.

1. The building height is calculated by measuring the height at the four outermost corners of the structure from finished grade to a horizontal plane which intersects the topmost point of the building and dividing that total by four (A+B+C+D = X/4 = height).

2. No portion of any building shall exceed ten feet above the maximum permitted height allowed in Chapters 17.16 through 17.32 as measured from finished grade at any point beneath the structure to the roof of the building above that point.

3. An uncovered deck that projects no more than ten feet from the building shall not be considered one of the four corners from which the average height calculation is derived.

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c. Exceptions to height limits. The overall building height shall not exceed the maximum permitted height, described in Chapters 17.16 through 17.32, except as follows or as otherwise permitted by Chapter 17.76:

1. The following elements attached to a building shall be excluded from the height measurement with the limitation that the total area covered by such elements shall not exceed 20 percent of the roof area of the building and the height shall not exceed 14 feet above the maximum permitted height. Any roof mounted structure shall be set back from the edge of the structure a minimum of one foot for every foot in height above the roof on which they are situated. Refer to Section 17.36.090 for screening requirements.

(i) Antennas (Antennas shall comply with Section 17.52.280);

(ii) Chimneys;

(iii) Stair and elevator towers;

(iv) Mechanical equipment;

(v) Steeples, towers and other unoccupied architectural features; and

(vi) Other similar features as approved by the Director.

2. Solar roof paneling shall be excluded from the height measurement with the limitation that the height shall not exceed 14 feet above the maximum permitted height. There shall be no limitation on the roof area covered by solar roof paneling.

3. Public safety communication facilities, such as radio towers and antennas used for emergency service dispatch, shall be excluded from the height measurement, but shall be no taller than necessary to be effective as determined by the review authority.

(Code 1990, § 17.36.060; Ord. No. 14-02, § 4, 3-19-2014)

(a) Heat/cold, glare. No use, except a temporary construction operation, shall be permitted which creates changes in temperature or direct glare (for example welding), detectable by the human senses without the aid of instruments, beyond the boundaries of the site.

(b) Electrical disturbances. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site.

(c) Fuel and explosive hazards. All storage of, and activities involving, flammable or explosive materials shall be subject to the approval and conditions specified by the Mammoth Lakes Fire Protection District and other State or local agencies as well as the California Building Standards Code.

(d) Odor. No use shall be permitted which creates noxious or annoying odor in such quantities as to be readily detectable beyond the boundaries of the parcel or unit where the use is located.

(e) Radioactivity. The use of radioactive materials shall be limited to medical uses and measuring, gauging, or calibration devices.

(f) Vibration. No use, except temporary construction operations, shall be permitted which generates inherent and recurrent ground vibration perceptible without instruments beyond the boundary of the lot on which the use is located.

(g) Solid waste disposal. All solid waste generated by a use which is not disposed of on-site in compliance with all applicable laws shall be transported to an approved landfill site, transfer station, or recycling center for proper disposal at least one time per week, or sooner, if deemed necessary by the County Environmental Health Department. Litter shall be removed from a site promptly and not be allowed to accumulate.

(h) Hazardous materials. The use, storage and disposal of hazardous materials shall be subject to the approval and conditions of the Mammoth Lakes Fire Protection District and the County Environmental Health Department. All containers storing hazardous materials shall be labeled and sealed at all times and shall be stored on impervious surfaces approved by the Public Works Director.

(i) Particulate or gaseous emissions. Any use which emits smoke, dust, or other airborne particulates or gases shall be subject to the approval and conditions of the Great Basin Unified Air Pollution Control District. Continuous efforts for dust control during dust-generating activities are required. Dust generation during windy conditions shall be prohibited if abatement measures do not contain dust on-site.

(j) Noise. Interior and exterior noise shall meet the requirements of Chapter 8.20.

(k) Property maintenance. All properties shall be maintained in a neat and orderly fashion at all times.

(l) Conformance. Whenever there is a question of conformance with the standards outlined in this subsection, the Director shall require the property owner or operator to engage the services of an independent certified testing firm approved by the Director. The results of all such tests shall be furnished to the Director.

(Code 1990, § 17.36.070; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 7), 1-21-2015)

(a) Setbacks. Propane tanks shall not be located in the front or street side yard setback areas unless authorized by the Director and Public Works Director based upon safety concerns or accessibility of the tank location. Propane tank location shall meet the requirements of the Mammoth Lakes Fire Protection District.

(b) Screening. Propane tanks shall be painted tan or light green. Propane tanks located within the front or street side setback area are subject to additional screening and protection from snow removal operations as approved by the Director.

(c) Shared propane tanks. When a propane tank is proposed to be shared between properties, a development or plot plan must be approved by the Department showing propane tank locations and gas lines. An agreement shall be recorded against the property to share an off-site tank or gas line among adjacent property owners.

(Code 1990, § 17.36.080; Ord. No. 14-02, § 4, 3-19-2014)

This section establishes standards for the screening and separation of adjoining residential and nonresidential districts, equipment and outdoor storage areas, and surface parking areas.

(1) Screening between industrial and other land uses. Where a lot with an industrial use abuts a property in any other zone district or use, the following setback and screening requirements shall be provided as part of the development or land use.

a. Setbacks. Industrial structures and activities shall maintain a minimum of 15 feet from any residential zoning district or use.

b. Screening. A six-foot masonry or solid fence or screening landscaping shall be provided and maintained on the interior lot lines of any lot that contains an industrial use and any other district or use, subject to the approval of the Director.

[Figure]

(2) Screening between retail and service uses and residential land uses. Where a lot with a retail or service use abuts a residential zoning district, the following setback, screening, and landscaping requirements shall be provided as part of the development or land use.

a. Setbacks. Retail and service uses shall maintain a minimum 15-foot setback as a buffer area from the residential zoning district.

b. Screening. The buffer area between retail and service uses and residential districts shall be landscaped and may include fencing to provide a reasonable buffer between the two uses. No structures, paving, or snow storage are permitted in this area.

[Figure]

(3) Mechanical equipment, loading docks, and refuse areas.

a. Ground level mechanical equipment, loading docks, refuse and recyclable materials storage areas, and utility services shall be screened from public view from adjoining public streets and rights-of-way as determined by the Director.

b. Rooftop mechanical equipment (e.g., air conditioning, heating, vents, flues, exhaust pipes, and ventilation ducts, etc.) shall be combined or collected together on slopes of roofs and screened from public view from adjoining public streets and rights-of-way as determined by the Director.

c. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style as determined by the Director.

d. All mechanical equipment screening shall be subject to review and approval by the Director and the Mammoth Lakes Fire Protection District.

(Code 1990, § 17.36.090; Ord. No. 14-02, § 4, 3-19-2014)

(a) Use and minimum size. This section provides standards for the use and minimum size of required setbacks. These standards are intended to provide open areas around structures for visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; snow shedding; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

(b) Setback requirements.

(2) All structures shall comply with the setback requirements of the applicable zoning district established by Chapters 17.16 through 17.32, and with any special setbacks established for specific uses by this chapter, except as otherwise provided by this section. No portion of a structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way.

(3) All setbacks shall be open and unobstructed from the ground upward, except for trees and plant materials and as provided in this section.

(4) For properties fronting on a substandard street, the front and street side setback lines shall be measured from the ultimate right-of-way line, based upon the adopted road standards of the Town.

(c) Special active fault trace. A minimum setback of 50 feet shall be provided between buildings intended for human occupancy and an active fault trace as identified on special studies zones maps prepared by the State Geologist.

(d) Permanent lake or stream setbacks.

(1) Purpose. This section provides standards for development adjacent to permanent streams, creeks and lakes throughout the Town, which are valuable as open space areas, provide habitat for plants and animals, and are of recreational and scenic interest. Therefore, it is important for the Town to provide appropriate buffers between these designated water bodies and adjacent development to protect this important community resource.

(2) Applicability. The provisions of this section apply to any permanent lake or stream, defined as any stream, lake, river, pond or other body of water or waterway which, most years, under natural conditions, will contain water all year.

(3) Streambed information required. At the time of permit application, applicants with parcels adjoining any of the above-specified waterways or water bodies shall submit a site-specific streambed information prepared by a hydrologist, civil engineer, or other qualified professional approved by the Town to identify the precise top of bank of the waterway as defined below. The Director may waive the requirement for a streambed analysis if it is determined that the project, because of its size, location, or design will have no impact on the water body, or that sufficient information exists and further analysis is not necessary. The mapping shall be provided at a scale of at least 1:100. The information provided shall include any information determined necessary by the Director to properly analyze the potential impacts of the proposed project on the water body and necessary mitigations.

(4) Top of bank determination. Top of bank shall be determined as the point beyond which the slope of the upper elevation of land, which confines the channel waters flowing in a watercourse in their normal course of high seasonal flow, does not exceed ten percent.

(5) Setbacks, easements, or dedications. A setback, easement or dedication, including any land within the channel and a minimum of 50 feet from the top of bank shall be required for all zoning districts. The review authority may require a larger setback, easement, or dedication if found to be necessary to protect sensitive environmental resources.

(6) Structures. No structure, fence, parking access, parking space, paved area or swimming pool shall be constructed within a creek or creekside setbacks. Public roads, and sidewalks, paths or trails and other public facilities may be constructed within the setback.

(7) Modifications to lake and stream/creek corridor development standards. The Commission may modify the development standards outlined in Subsection (e)(5) of this section, in compliance with Chapter 17.72 and Chapter 17.76. In addition to the findings described therein, the following findings shall be made in order to approve a variance or adjustment to the lake and stream corridor development standards:

a. The entirety of the project is outside of the 100-year flood plain.

b. The creek bank in the vicinity of the modification has been demonstrated as historically stable.

c. Riparian resources will not be significantly diminished as a result of the modification.

[Figure]

(e) Development standards.

(1) Setbacks shall be required for all ministerial projects. Either a setback, easement, or dedication shall be required for all discretionary land use entitlements. Tentative maps shall be conditioned in compliance with Title 16.

(2) Grading and landscaping. Grading or filling, planting of exotic/non-native or non-riparian plant species, or the removal of native vegetation shall not be permitted within a setback area. Exceptions to this include grading, landscaping, and vegetation management activities determined necessary by an applicable permitting or regulating agency for fire safety, to maintain safe public access on an established road, path or trail, or to maintain the health and ecological function of the water body, and for which necessary approvals from a permitting agency have been obtained.

(3) Drainage structures. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of native rock, textured earth-tone concrete, and native landscaping.

(4) Bridges. Bridges and crossings may be allowed within the required setback if approved by the Town Engineer and approvals have been obtained from all agencies with permitting authorities. Bridges and crossing structures shall be designed to be no wider than necessary to accommodate their intended use.

(5) Limitations on the use of setbacks.

a. Vehicle parking and driveways. Required setback areas shall not be used for parking or driveways except for:

1. Driveways crossing street or street-side yard setbacks that provide direct access to a garage from the street abutting the affected setback.

2. Single-family or townhome parking in driveways leading to a garage.

3. Shared driveways on the common property line of the sharing parcels and associated parking, provided that such parking does not impede access to a parcel other than the parcel where the parking is located.

4. Driveways on flag lots or lots with similarly restricted access where the width for access is less than 30 feet.

5. Parking of boats, trailers and vehicle accessories may be kept in required side yard or rear yards subject to the provisions of Chapter 17.52.

6. In the event practical difficulties and hardships result from the strict enforcement of vehicle parking in setback areas, the Director may grant an adjustment to allow parking within the setback area provided that the findings required by Chapter 17.76 can be made and the parking area is protected from snow shed, does not impede emergency access, does not interfere with Town snow storage easements, and conforms to the California Building Standards Code requirements.

b. Vehicle parking on commerce circle. Parking is permitted within the front yard setback areas on Commerce Circle subject to the following conditions:

1. The lot must be substandard in either width or area;

2. The maximum parking requirement for all uses on the site cannot exceed three spaces;

3. Parking must be oriented at a 90 degree angle to the street;

4. All parking spaces must be adjacent to one another; and

5. The parking spaces shall not exceed 30 feet in overall width at the property line (or 34 feet if accessible parking is required).

(f) Measurement of setbacks. Setbacks shall be measured as follows:

(1) Front yard setbacks. The front yard setback shall be measured from the nearest point on the front property line of the parcel to the nearest line of the structure, except as follows. Whenever a future right-of-way width line is officially established for a street; required setbacks shall be measured from the established lines.

a. Corner parcels. The measurement shall be taken from the nearest line of the structure to the nearest point of the property line adjoining the street which has the narrowest parcel frontage. Whenever a future right-of-way width line is officially established for a street, required setbacks shall be measured from the established lines; and

b. Flag lots. The measurement shall be taken from the nearest line of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.

(2) Side yard setbacks. The side yard setback shall be measured from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

(3) Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street to the nearest line of the structure. Whenever a future right-of-way width line is officially established for a street, required yards shall be measured from the established line.

(4) Rear yard setbacks. The rear yard shall be measured from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards.

[Figure]

(g) Allowed projections into setbacks. Attached architectural features may extend beyond the wall of the structure and into the front, side, and rear setbacks, in compliance with Table 17.36.100, below, subject to all applicable requirements of the California Building Standards Code.

Table 17.36.100. Allowed Projections into Setbacks

Notes:

1 The foundations, piers, supports or other structural connections to the ground for chimneys, covered entries, stairways, and wing walls are permitted within the required setback.

(h) Setback requirements for specific structures and equipment.

(1) Pools and spas. Swimming pools and spas at grade, including all accessory structures and equipment shall maintain the setback requirements set forth for the main structure.

(2) Satellite dish/antenna. Satellite dishes and antennas shall maintain the setback requirements set forth for the main structure.

(3) Detached storage sheds. Detached storage sheds not more than 120 square feet and eight feet in height shall meet the following requirements:

a. Detached storage sheds shall be located on the rear 50 percent of the building site. The distance between the front and rear property lines shall be the basis for determining the rear 50 percent of the property.

b. Detached storage sheds may encroach into required side or rear yard, but not closer than three feet to the property line.

c. Storage sheds shall be located at least 20 feet from any property line bordering a street.

(i) Structures in setback areas. Any damage sustained to any fence, garage, wall, barrier, or other building or structure located within the front or street side yard setbacks as the result of snow removal operations other than direct contact by snow removal equipment, shall be the sole responsibility of the property owner and the Town shall have no liability whatsoever therefor.

(Code 1990, § 17.36.100; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 8, 9), 1-21-2015; Ord. No. 17-10, § 4(exh. A), 11-1-2017)

All development and proposed land uses that are planned with off-street parking and circulation areas shall be designed and constructed to provide snow storage areas in compliance with the minimum standards of this section.

(1) Application content requirements. All land use permit applications subject to this section shall include identification of required snow storage areas on the required site plan.

(2) Minimum storage area required. Each unenclosed parking area, including circulation.

a. Residential zones. An area equal to a minimum of 75 percent of all uncovered required parking and driveway areas shall be provided for the storage of snow.

b. Industrial zones. An area equal to a minimum of 40 percent of all uncovered required parking and driveway areas shall be provided for the storage of snow.

c. Commercial zones.

1. Generally. An area equal to a minimum of 60 percent of all uncovered required parking and driveway areas shall be provided for the storage of snow.

2. Reduction of snow storage area in commercial zones. The review authority may reduce or waive the required snow storage areas if the following conditions are met:

(i) The affected property participates in a snow removal maintenance district;

(ii) The property owner commits to permanently haul on-site snow from the property to an approved off-site snow storage area. The commitment to haul on-site snow shall be in the form of a recorded document mutually agreed to between the property owner and the Town; and

(iii) A snow storage management plan is submitted and approved by the Town that includes the following:

A. The site shall designate temporary or interim snow storage areas that do not interfere with more than one-third of the project required minimum parking.

B. Interim snow storage shall be removed within five calendar days following a storm cycle or when chain controls are lifted.

C. Interim snow storage shall not be in a location that will damage trees, landscape, or other facilities.

D. Interim snow storage shall not block any required access, sidewalk, trail, or public path.

E. Snow shall be hauled to an approved and permitted location.

F. Snow hauling shall generally be completed during non-business hours.

G. The snow management plan shall designate the removal methods.

H. Drainage facilities shall not be blocked.

I. Snow storage shall be located so that snow moving equipment is not required to enter the public streets to move snow to the storage area unless an encroachment permit is obtained.

J. Snow storage shall be located in areas that are substantially free and clear of obstructions (e.g., propane tanks, trees, large boulders, trash enclosures, utility pedestals).

(3) Location. Snow storage areas:

a. Shall be located near the sides or rear of parking areas and driveways, away from the primary street frontage;

b. Shall be located to maximize solar exposure to the greatest extent feasible;

c. Shall be located so that snow moving equipment is not required to enter the public streets to move snow to the storage area;

d. Shall be located in a manner to preserve sight lines for vehicles entering or exiting driveways;

e. Shall be located in areas that are readily accessible and substantially free and clear of obstructions (e.g., propane tanks, trees, large boulders, trash enclosures, utility pedestals);

f. Shall not block any required access, sidewalk, trail, or public path;

g. May be located within parking areas but such areas may not be counted towards meeting parking requirements for the use; and

h. May be located within required landscaping areas but the areas shall be planted with landscaping tolerant of snow storage or be native vegetation.

(4) Minimum dimensions. The minimum dimension of a snow storage area shall be ten feet in any direction.

(5) Drainage. Snow storage areas shall be designed to provide adequate drainage to prevent ponding and the formation of ice, especially within pedestrian areas and driveways. Drainage from snow storage areas shall be directed towards on-site drainage retention/treatment facilities. Snow storage areas for commercial projects are required to install oil/water separators.

(Code 1990, § 17.36.110; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

Passive and active heating and cooling opportunities should be incorporated into single-family residential subdivisions and multifamily residential projects as provided by this section.

(1) Shading. Developments have the potential to shade and decrease the solar access of adjacent properties. Developments shall be designed to preserve the solar access of adjacent properties to the extent practicable. The Director may require a shade analysis for developments that could significantly affect the solar access of neighboring properties or public rights-of-way.

(2) Solar design. The high number of sunny days in the Town provides the opportunity to significantly increase the energy efficiency of structures through the use of effective active or passive solar design. Developments are encouraged to maximize the use of solar design. In addition, properly oriented roof areas allow for the installation of efficient solar energy systems. The Town encourages roof areas to be designed to allow for the installation of efficient solar energy systems.

(3) Solar collector installation. Solar collectors, if provided, shall be located and installed in the following manner:

a. Roof-mounted solar collectors shall be placed in the least conspicuous location without reducing the operating efficiency of the collectors;

b. Wall-mounted and ground-mounted collectors shall be screened from public view to the maximum extent feasible;

c. Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof. Solar panels may be placed on a flat roof in an angled position if they are appropriately screened from view by elements that are compatible with the architectural style, color, and use of materials on the main portions of the building;

d. Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view to the maximum extent feasible;

e. Exterior surfaces of the collectors and related equipment shall have a matte, non-reflective finish and shall be color-coordinated to harmonize with roof materials and other dominant colors of the structure; and

f. All solar collectors shall comply with the requirements of the Mammoth Lakes Fire Protection District.

(Code 1990, § 17.36.120; Ord. No. 14-02, § 4, 3-19-2014)

This section provides standards which recognize the Town's support for and compliance with the California Solid Waste Reuse and Recycling Access Act of 1991, Public Resources Code §§ 42900 through 42912.

(1) Applicability. These requirements apply to new multifamily residential and nonresidential developments pursuant to Chapter 8.08 or 8.16.

(2) Extent of storage area required. Solid waste and recyclables separation and storage areas shall be provided in the number, dimensions, and types required by the Department or review authority. Additional storage areas may be required, as deemed necessary by the Director.

(3) Requirements. Where required by Chapter 8.08 or 8.16, a paved area for dumpsters and recycling containers shall be provided within multifamily projects, commercial, and industrial development. The paved area shall be readily accessible to refuse collection and recycling vehicles and shall not be located in the front or side setback area unless authorized by the Director and Public Works Director based upon safety concerns, or accessibility of the dumpster location. Dumpsters approved within the front or street side setback area are subject to additional screening with fencing or landscaping as approved by the Director.

(4) Animal resistant. Trash enclosures, receptacles, and food storage areas shall be animal resistant.

(Code 1990, § 17.36.130; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 17-10, § 4(exh. A), 11-1-2017; Ord. No. 19-04, § 4(exh. A, c.), 11-6-2019)

(a) Purpose. This section includes provisions to protect and to regulate the removal of certain trees, based on the important environmental, aesthetic and health benefits that trees provide to Town residents and visitors, and the contribution of such benefits to public health, safety and welfare. These benefits include, but are not limited to, enhancement of the character and beauty of the community as a village in the trees, protection of property values, provision of wildlife habitat, reduction of soil erosion, noise buffering, wind protection, and visual screening for development.

(b) Applicability. The terms and provisions of this section shall apply to all private and public property within the Town.

(c) Exemptions. The following shall be exempt from the provisions of this section:

(1) Removal of a tree that presents an immediate safety hazard to life or property, as determined by the Town Manager, Director, Building Official, Public Works Director, Police Chief, Fire Marshal, public utility company, or designees;

(2) Routine tree maintenance, such as the trimming or thinning of branches;

(3) Tree removal performed by the Town, public utilities, or other public agencies in public utility easements or public rights-of-way;

(4) Tree removal for fuels reduction purposes on publicly owned land, performed in conjunction with an approved fuel reduction program or activity;

(5) Removal of trees felled by natural weather conditions or an act of God;

(6) Removal of visibly dead trees; and

(7) Coniferous and deciduous trees with a diameter at breast height (DBH) of less than 12 inches.

(d) Tree removal permit required. No person shall remove or cause to be removed any tree from any property, which is subject to this section and not otherwise exempted pursuant to Subsections (c), (f), and (g) of this section, without first obtaining a valid tree removal permit pursuant to the requirements of Chapter 17.60.

(e) Tree removal permit application and review.

(1) Tree removal permit application. The following information shall be provided in the tree removal permit application:

a. A site plan or drawing showing the location, type and size of all trees proposed to be removed;

b. A statement of the reasons for removal; and

c. Written consent of the owner of record of the land on which the trees are proposed to be removed, or their authorized agent or contractor.

(2) Tree removal permit review. The following shall be considered when reviewing tree removal permits:

a. The Director shall inspect the property and evaluate each application. The applicant shall clearly mark or flag all trees proposed for removal.

b. The Director shall issue a permit if any of the conditions in this subsection (e)(2)b are determined to apply. The Director may request the applicant to provide a professional assessment by a registered professional forester (RPF) or arborist to support the reasons for the proposed tree removal.

1. The trees is infected with an epidemic insect or disease where the recommended control is not applicable and an arborist has recommended removal to prevent transmission;

2. The tree is visibly dying;

3. The trees presents a hazard to health, safety or property that cannot be corrected by pruning, transplanting or other treatments;

4. The trees severely interfere with the growth and development of a more desirable tree;

5. The removal of the tree would be necessary to provide for the required amount of snow storage on a residential or commercial property;

6. The removal of the tree would substantially increase midday solar access to a solar collector;

7. The trees interferes or is causing extensive damage to utility services or facilities, roadways, sidewalks, curbs, gutters, pavement, water or sewer line, foundations or existing structures;

8. The removal of the trees would be necessary to maintain defensible space around a structure, or for fuels reduction purposes approved by Mammoth Lakes Fires Protection District;

9. The removal of the trees would allow for improved enjoyment or quality of a publicly accessible recreation or event site (e.g., improved event circulation or seating, enhanced golf course playability, etc.) consistent with the Town's destination resort objectives;

10. Any other reason, which, in the determination of the Director, would be necessary to maintain public health, safety or welfare, or to avoid damage to buildings or property.

c. Creation of views, lawns, or similar amenities shall not be sufficient cause to remove trees.

(3) Expiration of tree removal permits. Tree removal permits shall remain valid for a period of five years from date of issue.

(f) Multifamily residential project tree management plan. An administrative permit for a tree management plan may be approved by the Director for an existing multifamily residential or lodging property of 25 units or more consistent with the standards of this section. Separate tree removal permits would not be required with an approved tree management plan.

(1) Tree management plan. A tree management plan shall include the following information:

a. Name of multifamily residential or lodging property.

b. Narrative describing purpose and objectives of the tree management plan.

c. Location, species, diameter at DBH, reason, and anticipated year of removal for each tree expected to be removed under the management plan.

d. Signature of certified RFP or arborist certifying the validity of the tree management plan.

(2) Expiration of tree maintenance plan. Tree management plans shall remain valid for a period of five years from date of issue. Substantial revisions or amendments to an approved tree management plan shall be approved by the Director.

(g) Construction-related tree removal and protection. If a site has received development approval through a land use, building, or grading permit that includes a tree removal and protection plan consistent with the standards of this section, then a separate tree removal permit is not required, and removal of trees is considered approved through the land use, building, or grading permit.

(1) Tree removal and protection plan. A tree removal and protection plan is required prior to conducting development activities which require a land use permit, building permit or grading permit, including, but not limited to, clearing, grading, excavation or demolition work on any property or development site containing one or more trees.

a. Depiction of trees to be preserved, removed. The tree removal and protection plan shall clearly depict all trees to be preserved or removed on the site. The plan must be drawn to scale and include the following:

1. Location, species and diameter of each tree at DBH.

2. Clear identification of all trees proposed to be removed.

3. Location of drip line of each tree.

4. Location of existing and proposed roads, water, sanitary and storm drain, irrigation and other utility lines/facilities and easements.

5. Location of existing and proposed structures.

6. Grade change or cut and fill during or after construction.

7. Existing and proposed impervious surfaces.

8. Location and type of tree protection measures to be installed per Subsection (g)(1)b of this section.

b. Tree protection measures. Except as otherwise allowed by the review authority or Director, all required tree preservation measures set forth in this section shall be instituted prior to any construction or development activities, including, but not limited to, clearing, grading, excavation or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation.

1. Fencing, a minimum of three feet tall with posts placed no more than ten feet apart shall be installed at the edge of the tree drip line. Fencing shall be flush with the initial (undisturbed) grade.

2. No construction activity shall occur within the tree drip lines, including, but not limited to dumping or storage of materials such as building supplies, soil, waste items, equipment or parked vehicles.

3. Tree drip lines shall be maintained free of chemically injurious materials and substances such as paints, thinners, cleaning solutions, oil and gasoline, concrete or drywall excess, construction debris or runoff.

4. No excavation, trenching, grading, root pruning or other activity shall occur within the drip line unless approved by the review authority or the Director.

5. The applicant shall not proceed with any development or construction activities, except installation of erosion control measures, until the Town has inspected and approved the installation of the required tree protection measures and a grading or building permit has been issued by the Town.

(2) Waiver of requirement to provide tree removal and protection plan. The Director may waive the requirement to provide a tree removal and protection plan where it can be demonstrated, to the Director's satisfaction, than no trees would be removed or otherwise directly or indirectly affected by the proposed activity.

(h) Penalty for removal of a tree without a permit. The following penalties may be imposed for removal of trees without an approved tree removal permit where one is required, consistent with Chapter 1.18.

(1) Coniferous trees over 12 inches: a fine of no less than $2,500.00 per tree or as valued by an RPF or arborist; in no circumstances shall the fine be less than $2,500.00 and no more than $50,000.00, per tree;

(2) Deciduous trees over 12 inches: a fine of $1,000.00 per tree or as valued by an RPF or arborist; in no circumstances shall the fine be less than $1,000.00 and no more than $5,000.00;

(3) Replacement plantings may be required as determined by the Director consistent with Subsection (i) of this section, which may include valuation by an RPF or arborist.

(i) Mitigation for tree removal. As mitigation for tree removal, either in conjunction with a tree removal permit, construction-related tree removal, or as penalty for tree removal performed without a permit, the Director may require replacement plantings. If required, replacement shall be limited to plantings in areas suitable for tree replacement with species identified in the Town's recommended plant list. The replacement ratio shall be determined by the Director. If required, the minimum replacement tree size shall be seven gallons. Replacement requirements may also be determined based on the valuation of the tree as determined by an RPF or arborist. The property owner shall maintain plantings to a level approved by the Director.

(Code 1990, § 17.36.140; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)