The Mammoth Hillside site has a long history related to its current entitlements, and the summary below begins with activity occurring in 2004.
Density and Lot Coverage Transfer from Mammoth Hillside to East Village/South Hotel Site (2004)
In 2004, when both the Mammoth Hillside project site and the East Village/South Hotel site (east of Minaret Road and south of Forest Trail, also in the NVSP) were owned by Intrawest California Holdings, a density and lot coverage transfer was recorded. Through the density transfer, a total of 87.04 rooms were transferred to the East Village/South Hotel site. Through the lot coverage transfer, 14,881.9 square feet of lot coverage was transferred to the East Village/South Hotel site. The density and lot coverage were transferred from 15, 17, and 49 Canyon Boulevard, all of which are in the Plaza Resort zone of the NVSP. The transfer covenants were signed by both Intrawest and the Town of Mammoth Lakes and there were no fees or payments recorded in association with the transfers. The NVSP allows density and lot coverage transfers to be executed though a deed restriction recorded against the properties with the Town as a signatory.
Density/Lot Coverage Transfer Documents
Tentative Tract Map 36-235 and Use Permit 2005-09 (Resolution No. PC 2006-01)
The Town’s Planning and Economic Development Commission (PEDC) approved TTM 36-235 and UPA 2005-09 on January 12, 2006, which authorized the two-phase Mammoth Hillside project. Phase I was approved for a 193-unit (325 bedrooms) condominium hotel with understructure parking for 259 vehicles and three check-in surface parking spaces with full-time valet parking services, spa, pool and patio facilities, meeting facilities, restaurant/bar, and associated landscape improvements on five parcels of land consisting of approximately seven acres. Phase II was proposed as a townhome development with 41 units (107 bedrooms). Phase II was not entitled by Resolution No. PC 2006-11 and requires a separate tentative tract map and use permit application.
An additional 36 bedrooms of affordable housing were approved, 27 of which were required for affordable housing mitigation. The additional nine units qualified the project for a 35 percent state density bonus. The affordable housing rooms required for mitigation were exempted from the overall density calculations, pursuant to the NVSP’s Housing Element.
After the project was approved, it was discovered that the property was 0.07 acres smaller than originally calculated. The result was a reduction in the overall property density of five bedrooms. Thus, the total allowable density of the Mammoth Hillside project as entitled in 2006, for Phase I and II, was 427 rooms (previously 432 rooms). The affordable housing mitigation required for the 35 percent state density bonus was also reduced, to 35 bedrooms. An appeal of the PEDC’s decision to approve TTM 36-235 and UPA 2005-09 was reviewed by the Town Council on February 15, 2006. The Council voted to uphold the approval.
Use Permit 2007-11 (Resolution No. PC 2007-22)
On November 14, 2007, UPA 2007-11 was approved by the PEDC. The Use Permit allowed tandem parking and mechanical parking lifts to be included in the underground parking garage design. At the time of the original project approval, the garage layout included parking spaces and drive aisles that did not meet Town standards. However, pursuant to Ordinance 2006-11, approved in December 2006, tandem parking and mechanical parking lifts were allowed through a Use Permit process.
As a part of this Use Permit application, the proposed parking structure was redesigned to meet the requirements of Ordinance 2006-11. A revised mix of units was also included that reduced the number of parking spaces required and accommodated the 50 parking spaces for the 8050 Residence Club (required by a private agreement) within the parking garage design. The number of units for Phase I was reduced to 127 units (291 rooms), a reduction of 34 rooms. Condition of Approval #1 in Resolution 2007-22 notes that the final number of units permitted to be constructed under the original approval (Resolution No. PC 2006-01) may be limited by the available parking in the Mammoth Hillside garage.
Use Permit 2007-14 (Resolution No. PC 2008-02)
On February 13, 2008, a Use Permit application for an alternative housing mitigation plan was approved. The alternative housing mitigation plan allowed for the payment of an in-lieu fee for the 35 bedrooms of affordable housing instead of constructing the affordable housing on-site. The findings provided in Resolution 2008-02 described that an additional 30 percent on top of the established in-lieu fee would be paid. The total in-lieu mitigation fee agreed upon was $5,586,000. It was determined that the mitigation plan resulted in a greater community benefit and that 35 percent state density bonus would remain.
UPA 2007-14 was approved by the PEDC on February 13, 2008. An appeal of the approval was heard by the Town Council on April 2, 2008. The Town Council voted to affirm the PEDC’s approval with the condition that Mammoth Lakes Housing, Inc. complete the units required for mitigation in the low or moderate income range within five years of payment of the in-lieu fee. This condition was amended in 2015 (see Amendment to TTM 36-235, UPA 2005-09, UPA 2007-11, and UPA 2007-14, and associated Time Extension Request (TER 15-003), #4, Fees, below).
Town Council Staff Report (Appeal) dated April 2, 2008
Concept Review 15-002
A Concept Review (CR) application, was submitted on June 29, 2015 to review the conditions of approval of the existing entitlements for the Mammoth Hillside project. In the application, it was noted that several of the conditions were “barriers to development and financing”, and that if those were amended or removed, where appropriate, it might facilitate progress on the project.
CR 15-002 was discussed and routed to applicable Town staff and agencies at the Development Review Committee on July 7, 2015. There was consensus among staff that some of the conditions were either no longer relevant or should be changed to reflect the most current conditions as standardized by the Town. It was also recommended that if the three resolutions for the Mammoth Hillside project were to be amended, that they be combined into one resolution to simplify and clarify the conditions.
On September 9, 2015, the PEDC reviewed the proposed amendments at a public workshop and there was consensus from the PEDC that the amendments to the entitlement conditions were reasonable.
Amendment to TTM 36-235, UPA 2005-09, UPA 2007-11, and UPA 2007-14 and associated Time Extension Request (TER 15-003) (Resolution No. PC 2015-09)
In accordance with CR 15-002, the PEDC reviewed amendments to the approved Tentative Tract Map and Use Permits at a public hearing on December 9, 2015. The PEDC voted unanimously to approve the amendments and the associated Time Extension Request (TER 15-003). The existing project entitlements expire on January 12, 2021.
The following amendments to the entitlement conditions of approval were made:
- Four or Five Star Hotel Operator - Condition 2 of Resolution No. PC 2006-01, requiring that the project have a contract with a four or five star hotel operator prior to the issuance of a Certificate of Occupancy, was deleted because any product yielding Transient Occupancy Tax at this location may meet the anticipated objective.
- Pedestrian Bridge - Condition 10 of Resolution No. PC 2006-01, referencing a pedestrian bridge over Canyon Boulevard to connect the project site to the Gondola Building and the Village Plaza, was deleted because the pedestrian bridge is not required by the Town or by the NVSP.
- 8050 Residence Club 50 Parking Spaces - Resolution No. PC 2007-22 referenced a private parking agreement with the owners of the 8050 Residence Club (Mammoth 8050, LLC), which requires that the Mammoth Hillside project provide 50 parking spaces within the underground parking garage. The resolution was amended to indicate acknowledgement, but not requirement, of the private parking agreement.
- Fees - There were references throughout the resolutions to required affordable housing mitigation fees and development impacts fees. In the resolutions, these conditions referenced specific fee amounts (e.g., $5,586,000 for in-lieu housing mitigation fees). The related conditions were amended to require payment of affordable housing mitigation fees and development impact fees in place at the time of building permit submittal or issuance, as applicable, in accordance with conditions applied to current development projects. Payment of the standard affordable housing mitigation fees resulted in the loss of the 35 percent state density bonus, as the previous fee amount of $5,586,000 was considered to be a significant community benefit comparable to that of the provision of on-site, inclusionary housing.
- Pedestrian Area or Transit Shelter - A revised Condition 23 of Resolution No. PC 2006-01 was incorporated to require participation in the creation of a pedestrian area of interest or transit shelter located at the north easterly portion of the property along Canyon Boulevard.
- Current Standards - Conditions were updated as necessary to reflect current standards and best practices in the Planning and Engineering Divisions. For example, conditions regarding landscaping were revised to reference the Water Efficient Landscape Ordinance.
Concept Review 16-001
A Concept Review (CR) application was submitted in 2016 to obtain feedback on a request to increase the density of the Mammoth Hillside site from 317 rooms to 403 rooms to facilitate the development of a future hotel project. The request was reviewed and discussed at a joint workshop of the PEDC and Town Council on September 21, 2016.
General Plan Amendment (GPA) 16-001 and District Zoning Amendment (DZA) 16-002
On June 7, 2017, the Town Council approved an amendment to the General Plan and North Village Specific Plan that consisted of two components: 1) 87 room density increase to the North Village Specific Plan (NVSP), and 2) 14,881.9 square foot lot coverage increase in the Plaza Resort (PR) Zone of the NVSP. These request resulted in a 2.6% increase in overall density in the NVSP and a 2.3% lot coverage increase in the PR Zone of the NVSP. The amendment restored the density and lot coverage allowed on the Mammoth Hillside site under the current NVSP zoning which was reduced after a density and lot coverage transfer to the South Hotel site in 2004.
May 10, 2017 PEDC Staff Report (scroll to Item 1)
June 7, 2017 Town Council Staff Report (scroll to Item 9)