3. Report Summary The applicant requests a six-year Time Extension of Tentative Parcel Map (TPM) The TPM authorized the subdivision of 70 Cart

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1 Town of Mammoth Lakes Planning & Economic Development Commission Recommendation Report Date: February 10, 2016 Case/File No.: Time Extension Request (TER) Place: Council Chambers, 2 nd Floor Minaret Village Shopping Center Mammoth Lakes, CA Time: After 2:00 p.m. Project: Time Extension Request for TPM Agenda Item: 5 Location: 70 Carter Street APN: Appeal Status: Appealable to the Town Council General Plan: Low-Density Residential 1 (LDR-1) Applicant/ Property Owner: Environmental Review: Amy Walters and Dave Billingsley Specific Plan: N/A Mitigated Negative Declaration Addendum (completed for the project in 2011) Zoning: Rural Residential Equestrian Overlay (RR-E) TITLE: Consider approval of a six-year Time Extension Request (TER ) for Tentative Parcel Map A. EXECUTIVE SUMMARY 1. Subject/Requested Actions The Commission is requested to evaluate the proposed six-year Time Extension Request for Tentative Parcel Map , determine if the required findings can be made, and take the following actions: 1. Adopt the required Municipal Code findings, and 2. Approve Time Extension Request , subject to all conditions of approval. 2. Required Findings to Support Requested Actions 1. Did the applicant make a good faith effort to exercise the permit and comply with the conditions of approval in a timely manner? 2. Is the permit still in compliance with the General Plan, the Zoning Code, and any applicable specific plan? 3. Are the original conditions of approval still valid or have the original conditions of approval been modified or new conditions imposed as deemed reasonable and necessary to ensure that the approval will remain in compliance with the findings required by the Zoning Code for the applicable permit? Report Prepared By: Nolan Bobroff, Assistant Planner Report Approved By: Sandra Moberly, Community and Economic Development Manager 1

2 3. Report Summary The applicant requests a six-year Time Extension of Tentative Parcel Map (TPM) The TPM authorized the subdivision of 70 Carter Street into two parcels (Resolution No. PEDC ). The approved TPM was found to be consistent with the Town s General Plan, Municipal Code, and the State Subdivision Map Act. Based on staff analysis, it is staff s opinion that the required findings to support the requested approvals can be made, and recommends approval of the Time Extension Request (TER), with the Conditions of Approval noted in the attached resolution (Attachment 1). 4. Location Map and Proposed Site Plan ANALYSIS 1. Background and Project History In 1994, the Planning Commission approved a Mitigated Negative Declaration for a grading permit for the construction of a single-family residence, garage/tack room, and horse stable/corral on the project site. Since that project required filling a portion of the on-site wetlands, the property owner at the time was required to provide wetland mitigation. The required wetland mitigation was completed off-site at Laurel Pond with approval of Lahontan Regional Water Quality Control Board, Department of Fish and Game, and Mammoth Community Water District. Report Page 2 of 6 2

3 In 2011, the property owner at the time proposed to subdivide the subject property into three lots. However, after a wetland delineation report and biological resource assessment were completed, the applicant revised the proposal to be only two lots. The two lot subdivision (TPM ) was considered by the Planning and Economic Development Commission (PEDC) on June 26, 2013 and September 11, 2013, and then ultimately approved by the PEDC on September 25, The Resolution approving TPM is included as Attachment 2, the approved TPM is included as Attachment 3, and the staff reports from the three PEDC meetings are included as Attachment 4. The site is approximately 2.44 acres in size and is located along Old Mammoth Road, Tamarack Street, and Carter Street. The existing single-family home would be located on Parcel 1, and the garage/tack room, majority of the driveway, and the horse corral would be located on Parcel 2. Parcel 2 also contains the majority of the wetlands. Both parcels would provide buildable areas that meet minimum Code requirements and are consistent with the previous disturbance areas. These buildable areas would allow future construction that does not impact the wetlands. Pursuant to Resolution No. PEDC , TPM had an expiration date of September 25, 2015, unless a TER was granted in accordance with the Subdivision Map Act. The original property owner and the current property owner co-filed a TER on September 25, 2015, which pursuant to Municipal Code B.2, the time limit for expiration of the permit was suspended until a decision on the extension request is made by the original review authority (PEDC) Development Proposal TER requests a six-year time extension of TPM , which is consistent with the length of extension permitted by the Municipal Code and the Subdivision Map Act. 2 The PEDC, acting as the original review authority are required to make the following findings in order to approve the request: a. The applicant has made a good faith effort to exercise the permit and comply with the conditions of approval in a timely manner. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant have prevented exercising the permit. The applicant was in escrow on the property when the TPM expired and to avoid losing the ability to subdivide the parcel or having to go through the subdivision process again, co-filed the time extension request with the seller prior to the expiration of the tentative map. Since the current property owner recently purchased the property, there has not been adequate time to make a determination on whether to move forward with subdividing the subject property into two parcels as allowed by TPM Additionally, there are numerous special conditions of approval requiring coordination with multiple federal and state agencies relating to the meadow and wetland areas, and construction and/or demolition of various structures on the site, all of which must be completed prior to staff approval of the final map. This is a unique property and compliance with the original conditions of approval will require a large investment of time and money, and the applicant has not had adequate time to determine whether to ultimately move forward with the subdivision and the required investments in the property. An from the property owner justifying the TER is included at Attachment 5. 1 The original property owner and the current property owner co-filed the Time Extension Request since the current property owner was in escrow on the property and the sale had not been completed. The sale has now been completed and the original property owner s name has been removed from the application. 2 The review authority may grant a permit extension for a period or periods not exceeding a total of six year beyond the expiration date of the original approval, not to exceed a total of eight years of life. Report Page 3 of 6 3

4 b. The permit is still in compliance with the General Plan, the Zoning Code, and any applicable specific plan. Staff has made the determination that the Tentative Parcel Map is still in compliance with the General Plan and the Zoning Code since neither the project plans nor the applicable sections of the General Plan or Zoning Code have been modified since the original project approval. The project is not within a specific plan area. c. The original conditions of approval have been modified or new conditions have been imposed as deemed reasonable and necessary to ensure that the approval will remain in compliance with the findings required by the Zoning Code for the Tentative Parcel Map. Staff has made the determination that the original conditions of approval for Tentative Parcel Map (Resolution No. PEDC ) are still applicable and that conditions have not changed since the original approval that would warrant the denial of the six-year time extension request. The conditions of approval for the TER state that the approved TPM shall be adhered to for the duration of the six-year time extension period and all conditions of approval for TPM shall be adhered to, or satisfied, prior to Final Parcel Map approval, or issuance of a Certificate of Occupancy. 3. Subject Property and Surrounding Land Uses The subject property is zoned Rural Residential Equestrian Overlay (RR-E). The RR-E overlay zone provides areas where the keeping of horses or pack stock if permitted as an accessory use. Standards for operation and maintenance to minimize the impacts of animals on adjacent properties and uses are included in the RR-E overlay zone. The subject property contains an existing single-family home, garage/tack room, and corral area. Additionally, there are wetlands located on the western property boundary and on the northern portion of the site. The surrounding land uses are single-family residences and some vacant lots. Table 1 describes the surrounding land uses and zoning. Table 1: Surrounding Land Uses and Zoning Location Zoning* Adjacent Streets Land Use North RMF-1 Old Mammoth Road Single family homes South RR Tamarack Street, Carter Street Single family homes East RMF-1; RSF; RR; RR-E Carter Street Single family homes West RR; RR-E Tamarack Street Single family homes * RMF-1 Residential Multi-Family 1; RR Rural Residential; RSF Residential Single Family; RR-E Rural Residential Equestrian Overlay 4. General Plan Consistency The PEDC found the project to be consistent with the 2007 General Plan and the Vision Statement, and the applicable sections of the General Plan have not been modified since the original project approval, and therefore no further analysis is required. Report Page 4 of 6 4

5 5. Municipal Code Consistency The PEDC found the project to be consistent with all applicable zoning requirements of the RR-E Zoning District, and that section of the Zoning Code has not been modified since the original project approval, and therefore no further analysis is required. No changes to the approved project or the conditions of approval are being requested by this time extension request. The subdivision will create some nonconforming conditions related to some of the existing accessory structures on the site and conditions of approval were included in the original resolution to correct those conditions. 3 Those corrections are required prior to staff approval of the final map. Correction of these items will require substantial time and money, and has contributed to the delay in finalizing the tentative map. 6. Agency/Public Comments Comments were provided by the Mammoth Lakes Fire Protection District (MLFPD) and the Mammoth Community Water District (MCWD) on the initial tentative map application and were incorporated into the conditions of approval in Resolution No. PEDC Those conditions of approval are still valid and no changes are being proposed. Additionally, comments on the initial tentative map application were received from the Army Corps of Engineers, Department of Fish and Wildlife, and Lahontan Regional Water Quality Control Board and were incorporated into the Addendum to Grading Plan Check Initial Study/Mitigated Negative Declaration, discussed below. 7. Environmental Analysis An Addendum to the Grading Plan Check Mitigated Negative Declaration (SCH # ) was prepared for TPM that determined no new significant impacts or substantial increase in the severity of previously identified significant impacts would result from the project. The TPM time extension request would not alter the findings of the previously adopted CEQA document. 8. Financial and Staffing Considerations The applicant paid the current Time Extension Request fee, which covers staff time for processing the application. B. OPTIONS Option 1: 1. Adopt the required Municipal Code findings, and 2. Approve Time Extension Request with conditions as recommended by staff, or as modified by the Planning and Economic Development Commission. Option 2. Deny Time Extension Request The garage/tack room is considered an accessory structure and would be the only structure located on Parcel 2 after the subdivision. Accessory structures are only allowed in conjunction with a main use to which it relates. Additionally, the subdivision would leave the existing single-family residence without a garage, and a garage is required to comply with the parking requirements for single-family residences. Condition of approval 22 in Resolution No. PEDC addresses these nonconforming issues. Report Page 5 of 6 5

6 Option 1 would approve the project subject to the conditions included in the attached resolution, or as modified by the Planning and Economic Development Commission. Option 2 would cause TPM to expire, unless an appeal is filed within 15 days of the Planning and Economic Development Commission decision. The Commission would need to make findings for denial. If an appeal were to be filed, the project would be scheduled for Town Council consideration. C. RECOMMENDATION Staff recommends that the Planning and Economic Development Commission choose Option 1: 1. Adopt the required Municipal Code findings, and 2. Approve Time Extension Request with conditions as recommended by staff, or as modified by the Planning and Economic Development Commission. Attachments Attachment 1: Planning and Economic Development Commission Resolution Attachment 2: Resolution No. PEDC Attachment 3: Tentative Parcel Map Attachment 4: TPM Staff Report(s) Attachment 5: Justification from the applicant dated January 20, 2016 Report Page 6 of 6 6

7 ATTACHMENT 1 Planning and Economic Development Commission Resolution 7

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9 Recording Requested by and ) When Recorded Mail To: ) ) Town of Mammoth Lakes ) Community & Economic Development Department ) P.O. Box 1609 ) Mammoth Lakes, CA ) Recordation fee exempt per Government Code Space Above for Recorder s Use RESOLUTION NO. PEDC A RESOLUTION OF THE MAMMOTH LAKES PLANNING AND ECONOMIC DEVELOPMENT COMMISSION APPROVING A SIX-YEAR TIME EXTENSION REQUEST (TER ) FOR TENTATIVE PARCEL MAP FOR PROPERTY LOCATED AT 70 CARTER STREET. (APN: ) WHEREAS, a request for consideration of a six-year Time Extension Request for Tentative Parcel Map was filed by the property owners, Amy Walters and Dave Billingsley in accordance with Section (Time Limits and Extensions) of the Town of Mammoth Lakes Municipal Code, for property located within the Rural Residential Equestrian (RR-E) Overlay Zoning District at 70 Carter Street; and WHEREAS, the Planning and Economic Development Commission conducted an administrative hearing on the application request on February 10, 2016, at which time all those desiring to be heard were heard; and WHEREAS, the Planning and Economic Development Commission considered, without limitation: 1. The Staff Report to the Planning and Economic Development Commission with exhibits; 2. The General Plan, Municipal Code, State Subdivision Map Act, and associated Land Use Maps; 3. Oral evidence submitted at the hearing; and 9

10 4. Written evidence submitted at the hearing. NOW THEREFORE, THE PLANNING AND ECONOMIC DEVELOPMENT COMMISSION OF THE TOWN OF MAMMOTH LAKES DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. FINDINGS. 1. MUNICIPAL CODE FINDINGS. FINDINGS FOR THE TIME EXTENSION APPROVAL (Municipal Code Section B.4) a. The Planning and Economic Development Commission finds that the applicant has made a good faith effort to exercise the permit and comply with the conditions of approval in a timely manner and circumstances beyond the control of the applicant have prevented exercising the permit. The applicant was in escrow on the property when Tentative Parcel Map expired and to avoid losing the ability to subdivide the parcel or having to go through the subdivision process again, co-filed the time extension request with the seller prior to the expiration of the tentative map. Since the current property owner recently purchased the property, there has not been adequate time to make a determination on whether to move forward with subdividing the subject property into two parcels as allowed by Tentative Parcel Map Additionally, there are numerous special conditions of approval requiring coordination with multiple federal and state agencies relating to the meadow and wetland areas, and construction and/or demolition of various structures on the site, all of which must be completed prior to staff approval of the final map. This is a unique property and compliance with the original conditions of approval will require a large investment of time and money, and the applicant has not had adequate time to determine whether to ultimately move forward with the subdivision and the required investments in the property. b. The Planning and Economic Development Commission finds that Tentative Parcel Map is still in compliance with the General Plan and the Zoning Code since neither the project plans nor the applicable sections of the General Plan or Zoning Code have been modified since the original project approval. The project is not within a specific plan area. c. The Planning and Economic Development Commission finds that the original conditions of approval for Tentative Parcel Map (Resolution No. PEDC ) are still applicable and that conditions have not changed since the original approval that would warrant the denial of the six-year time extension request. Page 2 of 7 10

11 SECTION 2. PLANNING AND ECONOMIC DEVELOPMENT COMMISSION ACTIONS. The Planning and Economic Development Commission hereby takes the following actions: 1. Approves Time Extension Request subject to the following conditions: a. The approved Tentative Parcel Map (Resolution No. PEDC ) shall be adhered to and maintained for the duration of this six-year time extension approval. b. All conditions of approval for Tentative Parcel Map (Resolution No. PEDC ) shall be adhered to, or satisfied, prior to Final Parcel Map approval or Certificate of Occupancy, as may be applicable. c. Tentative Parcel Map shall become null and void on September 25, No additional time extensions may be granted since the maximum allowable term of eight (8) years will have been exhausted PASSED AND ADOPTED this 10 th day of February 2016, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Sandra Moberly Community and Economic Development Manager Madeleine Mickey Brown, Chair of the Mammoth Lakes Planning and Economic Development Commission NOTE: This action is subject to Chapter of the Municipal Code, which specifies time limits for legal challenges. Page 3 of 7 11

12 I, Amy Walters, am the property owner and applicant for this project request and I do hereby attest that I have read, and agree to, the conditions of approval stipulated within this Resolution. Amy Walters Date (Notary Required) I, Dave Billingsley, am the property owner and applicant for this project request and I do hereby attest that I have read, and agree to, the conditions of approval stipulated within this Resolution. Dave Billingsley Date (Notary Required) Page 4 of 7 12

13 ALL-PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF On Date personally appeared, before me, Name And Title Of Officer (e.g. Jane Doe, Notary Public ) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Seal Above Signature of Officer Page 5 of 7 13

14 ALL-PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF On Date personally appeared, before me, Name And Title Of Officer (e.g. Jane Doe, Notary Public ) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Seal Above Signature of Officer Page 7 of 7 14

15 ATTACHMENT 2 Resolution No. PEDC

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35 ATTACHMENT 3 Tentative Parcel Map

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37 ATTACHMENT 4 TPM PEDC Staff Reports June 26, 2013 PEDC Staff Report Available online at: September 11, 2013 PEDC Staff Report Available online at: September 25, 2013 PEDC Staff Report Available online at: 37

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39 ATTACHMENT 5 Justification from applicant 39

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41 Nolan Bobroff Subject: FW: 70 Carter Street -- Nolan Bobroff Assistant Planner Town of Mammoth Lakes Ph: (760) x227 Disclaimer: Public documents and records are available to the public as provided under the California Public Records Act (Government Code Section ). This may be considered subject to the Public Records Act and may be disclosed to a third-party requester. From: dave billingsley [mailto:davejbillingsley@yahoo.com] Sent: Wednesday, January 20, :03 AM To: Nolan Bobroff Subject: RE: 70 Carter Street Good morning. The statement is below. It is as honest and succinct as I'm able to make it. To: Town of Mammoth Lakes Planning Commission In order to be fair, efficient, forthright, and realistic and due to the rather complicated nature of the property, numerous conditions requiring fulfillment, multiple agencies with which to coordinate and comply (particularly regarding rightful sensitivities and rules pertaining to the meadow/wetlands), and as yet unknown but potentially great expense involved in completing the project, we are respectfully requesting the maximum allowable/six year extension of the tentative parcel map No pertaining to our recently acquired home and proposed subdivision of 70 Carter Street. Thank you for considering this matter. Sincerely, Amy Walters David Billingsley Have a safe and pleasant trip abroad, Nolan. Cheers- Dave

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