the entire meeting packet here.

MAMMOTH LAKES HOUSING, INC.
Board of Directors Meeting
Monday, July 7, 2014
6:00 p.m.
Mammoth Lakes Housing Conference Room
587 Old Mammoth Rd.
Agenda
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
Mammoth Lakes Housing, Inc. at (760) 934 4740. Notification 48 hours prior to the meeting will enable Mammoth Lakes Housing, Inc to make
arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
M
I. Call to Order
II. Roll Call
Members: Bill Taylor, Kirk Stapp, Larry Johnston, Colin Fernie, Lindsay Barksdale, and
Tom Mazaitis
III. Public Comments
This is the established time for any member of the public wishing to address the Mammoth Lakes
Housing, Inc. Board of Directors on any matter that does not otherwise appear on the agenda.
Members of the public desiring to speak on a matter appearing on the agenda should ask the
Chairman for the opportunity to be heard when the item comes up for consideration.
IV. Approval of Minutes from the June 2,2014 BOD Meeting
V. Board Member Reports
VI. MLH Monthly Status Report
VII. Review and Discussion of the Administrative Draft Alternative Housing Mitigation Plan for
the Inn at the Village Subsequent Environmental Impact Report
VIII. Review and Discussion of Draft Town of Mammoth Lakes Comprehensive Workforce
Housing Strategy
IX. Adjourn
MAMMOTH LAKES HOUSING, INC.
Board of Directors Meeting
Monday, June 2, 2014
6:00 p.m.
Mammoth Lakes Housing Conference Room
587 Old Mammoth Rd.
Minutes
I. Call to Order
II. Roll Call
Members present: Bill Taylor, Kirk Stapp, Larry
Barksdale
Members absent: Tom Mazaitis
Public: Dan Holler, Town Manager and Jen Daugherty; S
III. Public Comments
. '.. .. . . . i . " ' . ' i !
Jennifer Halferty and Kirk Stapp presented aCert.ificqte of Appre'Cj~ti6n to Rick Wood for
his four years of service on the Board of DirectClrs and cClrytrnitment to affordable
workforce housing.
.
IV. Approval of Minutes from the M.~Y;:~, 2014 ~QD Mec#ir1~'
Bill Taylor made a motion to appr(jve the meetingrninl1tes. Larry Johnston seconded the
motion. The motion passed [HQ.;!
V. Board Men:l~~
Rick Wq,q.dYires'l
or a ruling by the California Fair Political
PracticesCommissiorl
ect how the Town Council representative to
the..MtH Board of Directoi!.y.;l\ln vote iCl housing-related issues. The processing of this
n~wruling could take up to!q!:f~w months.
VI.
"'~C~irJlonthIY Status Rep~~:i
Jennifer Hc:ilferty updated We Board on some State level initiatives including the budget
which wilibeflPproved by June 16th • There is a proposal to allocate 20% of Cap + Trade
funds to affO[9i~~llr9,qiusing initiatives. So far, the focus has been on transit-oriented
development f:j~P0:t~i~fe are groups advocating for a more diverse application such as
vehicle-miles tra~~lfed in order to disperse the funds more widely to include rural areas.
Jennifer Halfe'1Y also mentioned that Toni Atkins, Assembly Speaker, has requested
$200 million in budget surplus be allocated to housing. Lastly, Jennifer Halferty
announced that MLH staff will attend the Hispanic Community Meeting this Friday, June
6 th .
VII. Review and Adopt the Resolutions Approving Two CalHome Applications
Jennifer Halferty provided the Board with the background information on the Cal Home
applications. She attended the NOFA training which was very encouraging.
Bill Taylor made a motion to approve Resolution 14-03. Larry Johnston seconded the
motion. The motion passed 5-0.
Bill Taylor made a motion to approve Resolution 14-04. Rick Wood seconded the motion.
The motion passed 5-0.
VIII. Review and Possible Adoption of the Mammoth Lakes Housing, Inc. Draft 2014­
2015 Fiscal Year Operating Budget
Rick Wood made a motion to approve the 2014-2015 fiscal year operating budget. Kirk
Stapp seconded the motion. The motion passed 5-0.
,:;:)
;I?hm for the Inn at
IX. Review the Administrative Draft Alternative Housi~.g::llllitig
the Village Subsequent Environmental Impact R~Pbrt
The Board reviewed and discussed the draft AHMp;~~pr the In
lD,augherty provided
to seek an
clarification on the project. Bill Taylor asked if ~;.idE:!velqper is ··lir····
adjustment of the policy, retroactively, based on credltsfrp(ll a different
Which has
;!H.
already received the benefit? Jen Daugherty will stay "CO-.-;
incoi'Tlll1unication
.- ...... :.:.,<
X. Discussion and Staff Direction on the Aspen
Loan
The Board of Directors provided staff
the workforce home.
XI. Adjourn
Villa~e at 1\II~ij1ij19th Creek Unit H105
"i!"""
off the
loa~;!i~'fficl continue marketing
July 2014 - Mammoth Lakes Housing Status Update
1) Community Resource
a) Wait-List Management
1) 30 low and very low income households currently on rental waiting list
2) Processed one (1) new rental application for Town's Low-income units
b) Application distribution, provide program/project information
1) Distributed seven (7) rental and purchase applications
2) Answered nine (9) rental inquiries via phone/email/walk-ins
3) Answered seven (7) ownership inquiries via phone/email/walk-ins
c)
Counseling Programs
i.
MLH staff held two Homebuyer Education Classes in June:
1) Monday, June 16th , 2-3:30 in the MLH office - Spanish - one attendee
2) Monday, June 23'd, S- 6:30 pm in the MLH office - English - two attendees
d)
Mammoth Lakes Housing Website Data:
3.37
3.21
3.24
3.23
0:03:07 0:03:28 0:02:21
1,239
1,220
2,349
2,104
3.93
3.89
0:03:20 0:03:27
2,175
2,900
2) Housing Program Development, Management and Maintenance
a)
MLH Staff is processing a move-out of a one bedroom unit at the Star Apartments.
b)
Down Payment Assistance-
i.
BEGIN Funds available in Town of Mammoth Lakes. Up to 20% of purchase price available as
deferred loan to low and moderate income households at Aspen Village, Meridian Court,
and San Joaquin Villas.
c) USDA RD 502 Loan Packaging- funding available.
d) Work on the CHDO application for 2014 has begun.
e) Reviewed draft language for the no-smoking signage per the recently adopted No Smoking
Policy.
f) The annual certification of occupancy on down payment assistance loans and deed restricted
units is under way. Notices were sent out in early May. Thus far 67% of the households have
responded. Second letters have been sent to those non-responders.
3) Deed Restriction Management
a) MLH purchased deed restricted unit H105 at Aspen Village. The unit is being marketed through
the MLS, Facebook and other local methods. MLH staff held two open houses with very little
interest. We've had three showings in the past month.
b) Owners of a Tavern Road Plaza rental restricted unit listed their property on June 23, 2014.
They and their Real Estate agent have been communicating with MLH staff on the requirements
on the restrictions. They've also expressed interest in requesting a Hardship Exemptions from
the Town.
4) Administration of Local Housing Trust Fund and Other Funding Opportunities
a) The Standard Agreements for the recent awards to Mono County, Town of Mammoth Lakes, and
City of Bishop have been received.
b) MLH staff have completed two Cal Home Program applications. One application for $1 million
has been submitted and the other application, also for $1 million, will be submitted on July 10.
5) Market Analysis
a) MLH staff is tracking the real estate market for the potential sale of deed restricted units. One
rental restricted two bedroom unit came on the market on June 23, 2014.
b) Watching for BEGIN eligible units to promote those down payment assistance funds
i.
One unit on the market at Aspen Village at Mammoth Creek - deed restricted.
ii.
Two San Joaquin Villa units are on the market. Neither are deed restricted.
c) Median home sales figures for Mammoth Lakes:
2012
•
Single family: $575,000
•
Condominiums: $244,000
2013
•
Single family: $575,000
•
Condominiums: $260,500
2014 Year-to-Date
•
Single family: $632,750
•
Condominiums: $305,000
6) Coordination with Town of Mammoth Lakes Staff
a) Staff has continued to participate in the Town's Housing Element Update (HEU) process. The
HEU was approved by the Town Council on June 18..The Town Planning and Economic
Development Department submitted the final document to the State of California Housing and
Community Development Department. This document will be required by the state to be
updated in five, possibly eight years. The shift to eight years is dependent on the Local
Transportation Commission agreeing to move to a four year cycle for the Regional
Transportation Plan.
b) As part of the HEU, the Town has identified the development of a Housing Strategy as a program
to be achieved by the end of 2014. MLH and Town staff have outlined a scope and work plan on
this project in which MLH is the lead agency. The Housing Strategy will lead into the Town's
process of adopting a revised inclusionary housing ordinance which will include an updated in
lieu fee.
c) MLH is working with Town staff in the review of the Inn at the Village's Alternative Housing
Mitigation Plan.
d) Reviewed the local apartment vacancy rate for the Town in response to the consideration of an
apartment building conversion to condominiums.
e) Working with the Town of Mammoth Lakes legal counsel Andrew Morris on the Fair Political
Practices Commission (FPPC) conflict of interest issues with regard to the Town Council
representative on the MLH Board of Directors.
f) Coordinating with staff on the listing of a rental restricted Hooper development condominium.
Agenda Item ~
July 7,2014
AGENDA BILL
Subject:
Inn at the Village Affordable Housing Mitigation Plan Review
Presented by:
Jennifer Halferty, Executive Director
BACKGROUND:
At the June 2,2014, Mammoth Lakes Housing (MLH) Board meeting the Board
reviewed the proposed Affordable Housing Mitigation Plan (AHMP) for the Inn at
the Village (Inn). The Inn is to be located in the North Village Specific Plan
between Fireside condominiums and the existing 8050A and B project.
The proposed building would face Minaret Road and be located above the
existing parking structure. Included in the proposed development is a restaurant,
bar, and pedestrian entrance along Minaret Road. Increased density (through a
transfer from the Mammoth Crossing sites), increased height, and a reduction in
the street setback (along Minaret Road) are being requested from the Town.
For your information and review, attached is the AHMP excerpt that The Town
plans to include in the Project Description of the Subsequent Environmental
Impact Report (SEIR). It is anticipated that the SEIR will be out for 45-day public
review period beginning July 8, 2014.
Rather than wait until the 45 day clock for public review has begun and time for
review is limited, Mammoth Lakes Housing (MLH) staff is presenting, again, the
background information on the proposal. Furthermore, because the proposal
includes using alleged credits from the 8050 In Lieu Fee Agreement for
Employee Housing Units "8050 Agreement" (attached) additional time to review
was deemed necessary for the sake of thoroughness.
According to the Town's Interim Affordable Housing Mitigation Policy Resolution
No. 09-76 (attached), all new residential development is required to build their
required workforce housing on-site. The interim policy states that projects "may
propose an alternate housing mitigation plan (AHMP) subject to Mammoth Lakes
Housing Board and Planning Commission approval" should they wish to not build
their workforce housing on-site. The 2009 resolution defines the criteria for
which an AHMP may be approved. As stated in the attached policy, they are:
• On-site mitigation is undesirable for the community or infeasible.
• There would be substantial additional affordable housing benefit derived
from the alternate proposal. "additional Housing benefit" may be defined
by a number of parameters including, but not limited to:
o A greater number of affordable/workforce units.
o Units that more closely meet current priorities established by
Mammoth Lakes Housing and/or the Town.
o Provision of units at an earlier date than would otherwise occur.
ANALYSISIDISCUSSION:
At last month's meeting several questions were raised to Town staff Jennifer
Daugherty that would be beneficial to a comprehensive analysis of the proposed
AHMP. Since that meeting, Town staff has confirmed that there are actually 4.5
EHU remaining from the 8050 Agreement after the construction of the A & B
building phase, not the 6.5 expressed in the attached developer proposal.
Additionally, we have confirmed that the 8050 Agreement has not been nullified
and is still an active agreement between the two parties, Mammoth 8050, LLC
and the Town of Mammoth Lakes.
The questions raised at last month's meeting, and for which we are awaiting
clear answers are:
• Why should it not be assumed 8050 received the benefits for which the $2
million was paid (AHMP and construction of A&B)?
• If, now, the Inn wishes to claim that the surplus EHU purchased by 8050
for those phases should also apply to the Inn, and the agreement is still
valid, how can the third million be waived, even if the Town subsequently
amended its housing regulations? It appears that the applicants are either
successors to the 8050 Agreement and owe the million, or are a new
project and must mitigate the 6.7 EHU's caused by the creation of the Inn.
MLH has requested that the Town Attorney explain why this is not true.
• If the applicants are not successors to the entire 8050 Agreement and
liable for the remaining $1 million, and are not a wholly new project subject
to new mitigation, then the Inn would have to demonstrate that they
acquired the 4.5 EHU, as described in paragraph 5 of the 8050
Agreement, during acquisition of the real property. Does the Town have
documentation of such transaction?
It is anticipated that the developer will be present at the August MLH board
meeting to discuss their proposal. Because the MLH Board does not have the
authority to approve or disapprove Alternative Housing Mitigation Plans, a
recommendation to the Planning and Economic Development Commission
(PEDC) from the MLH Board will be requested by the Town and the Developer at
that meeting.
No Board action is being requested at this time. This is an information only item.
MISSION CONSIDERATIONS:
Alternative Housing Mitigation Plans typically help to cause the creation of
additional workforce housing.
FINANCIAL CONSIDERATIONS:
Under the developer's proposed draft AHMP there would be no financial or
housing gains beyond the original monies paid by 8050 under the terms of the
8050 Agreement.
RECOMMENDATION:
No Board action is being requested by the Board at this time. This is an
information only item.
ATTACHMENTS:
1. Administrative Draft of Inn at the Village Affordable Housing Mitigation
Plan
2. Town of Mammoth Lakes Interim Housing Mitigation Policy - Resolution
No. 09-76
3. In Lieu Fee Agreement for Employee Housing Units
AnI1-Gjj-NG).Sf dL
/'f\.
"'~~
~
1
Town of Mammoth Lakes
Inn at the Village
Subsequent Environmental Impact Report
~~-----------------------C"'lIFORNtA
Affordable Housing Mitigation Plan
On November 5, 2003, the Town Council adopted Resolution No. 2003-63, by which the Town
Council identified the "value of cost gap per Employee Housing Unit (EHU)" in the amount of
$52,802. This resulted in the establishment of an Affordable Housing Mitigation In-Lieu Fee of
$30,889 per Full Time Employee Equivalent (FrEE), which equates to thc $52,802 per EHU.
On August 12, 2004, Mammoth 8050, LLC, the original developer of the 8050 project, and the
Town entered into an In-Lieu Fee Agreement for Employee Housing Units (AH In-Lieu Fee
Agreement) to mitigate the impact the proposed 8050 project would have on the availability of
workforce housing within the community, and to provide additional housing credits to the
original developer. The AH In-Lieu Fee Agteement confirmed that at the time, the Town's
value of each EHU was $52,802. Nonetheless, the AH In-Lieu Agreement provides that in
exchange for credit for 30 EHUs, the original developer would pay the Town $3,000,000
($100,000 per EHU credit), in three separate payments of $1,000,000, in connection with each
phase of the proposed project (e.g., Buildings A, B, and C). Pursuant to the AH In-Lieu Fee
Agreement, the original developer paid the Town in-lieu fees totaling $2,000,000. The original
developer, however, did not construct Building C at 8050 and did not pay the Town the final
payment of $1,000,000 when it became due.
At the rate of $100,000 per EHU, the $2,000,000 that the original developer paid the Town in
mitigation fees yielded credits for 20 EHUs. In addition, the original developer received credit
for rwo EHUs for demolishing rwo commercial buildings on the project site, for a total of 22
EHUs. The construction of Buildings A and B by the original developer generated a demand
for 15.5 EHUs. Therefore, the 8050 project maintains a credit of 6.5 EHUs.
The AH In-Lieu Fee Agteement provides as follows: "In the event the formula for calculating
housing requirements shall be changed prior to the Remaining Credits being utilized to offset
housing mitigation requirements, the value of such Remaining Credits shall be applied in
conformance with the formulas in effect at the time of use of the Remaining Credits." Since the
effective date of the AH In-Lieu Fee Agteement, the Town has changed its affordable housing
policy. The Town's interim housing policy (Town Council Resolution 09-76) now requires that
10 percent of the total project units be provided for on-site affordable housing; however, an
Affordable Housing Mitigation Plan (AHMP) may be approved instead of providing on-site
housing if a substantial additional affordable housing benefit is achieved.
The Applicant proposes to construct up to 67 bedrooms in Building C. Pursuant to the Town's
interim housing policy, those 67 bedrooms would require the applicant to provide 6.7 bedrooms
(6.7 EHUs) on the project site. Since each of the project's 6.5 existing EHU credits was
generated at the rate of $100,000 per EHU (which is 189% of the then-value of $52,802 per
EHU), the Town has already achieved a substantial additional affordable housing benefit for
each of the project's 6.5 EHU credits. Therefore, the applicant will apply for an AHMP which
confirms that no additional housing mitigation is required beyond the application of the project's
existing credit of 6.5 EHUs. The Town and Mammoth Lakes Housing, Inc. will evaluate the
applicant's AHMP request.
RESOLUTION NO. 09-76
RESOLUTION OF TIJE TOWN COUNCn.. OF TIJE TOWN OF MAMMOrn LAKES,
STATE OF CALIFORNIA. ESTABUSHINO'J\N INTERIM AFFO~ABLE
HOUSING MITIGATION POliCY WHICH SHAll.. BE FOLLOWED TO MEET
MUNICIPAL CODE SEcrION 17.36
WHEREAS, on July 21, 2004 the Town Council approved Ordinance 2004-13,
establishing Affordable Housing Mitigation regulations: and,
WHEREAS, on August 16,2006 the Town Council adopted Ordinance 06-09
amending said regulations: and,
WHEREAS. the Town is currently revising the Housing Element of the General
Plan and developing a Housing Strategy in accordance with State law; and
WHEREAS, the Mammoth Lakes Housing Board designated a subcommittee
("Subcommittee; of their Board to work with Town staff to review the current
regulations and fee slIueture related to the housing mitigation prognun; and,
WHEREAS. the Subcommittee has also worked with the Capital Facilities
Funding Committee, as appointed by the Town Council, and with Walter Kieser.
l'iincipal. Economic Planning Systems, a consultant retained by the Town of Mammoth
Lakes, to determine the goals of the housing mitigation program, recommend a strategy
to develop and implement revised housing mitigation policies, and prepare a policy that is
consistent with investment and requirements of peer resorts: and,
WHEREAS. the Subcommittee has proposed policies intended to replace the
existing Municipal Code provisions for calculating workforce housing mitigation
requirements with an inclusionary requirement which will provide interim project
evaluation policies and findings, pending the adoption of the updated Housing Element
and a revised Municipal Code Chapter 17.36: and,
WHEREAS. the Municipal Code Section 17.36.050 allows for alternate
mitigation proposals to deviate from the requirements set forth in the Municipal Code
based upon a set of findings; and
WHEREAS. by this Resolution the Town Council hereby declares that all projects
sba1l be evaluated based upon an alternate mitigation proposal that sba1l meet the fmdings
contained in this Resolution or as originally set forth in Municipal Code Section
17.26.050 and the formulas and requirements set forth in Section 17.36.030 sba1l not be
applicable: and,
Resolution No. 09-16
Page 2
WHEREAS, Municipal Code Chapter 17.36 shall be amended in two phases to
reflect the policies contained in this Resolution by fmt rescinding appropriate sections of
the Municipal Code and then by amending the entire Chapter of the Municipal Code.
NOW, THEREFORE, BE IT RESOLYEO, by the Town Council of the Town of
Mammoth Lakes, California, as follows:
1. That the above recitations are true.
2. New development in Mammoth Lakes shall be required to mitigate its impact on
the demand for affordable and workforce housing based on the following:
a. All new residential (b'ansient and non-ttansient) development of ten or
more units and lodging of twenty or more rooms shall be required to
construct on-site wnrkforce housing at a rate of ten percent (10%) of all
newly-construeted units within the project (e.g. a ten unit project will
have 9 market rate units and one workforce unit) and at a target income
level of 120% AMI or less. If the inclusionary percentage calculation
results in fractional dwelling units, a proportional share of the in-lieu fee
referenced below, shall be paid. The 10% requirement and 120% AMI
target are based on current market conditions and shall be reviewed and
revised annually prior to lu1y I" of each year.
b. Total project density, inclusive of workforce units, shall not exceed the
maximum density for the zone in which the project ill located unless the
project applies for and receives a density bonus pursuant to Govemment
Code 65915 et seq.
c. Certain project types are subject to a housing mitigation requirement, but
shall not be required to provide on-site inclusionary units and may
instead pay in-lieu fees. These project types are:
£J Small residential developments of nine or fewer units, and
lodging developments of 19 or fewer rooms.
£J Non-lodging commercial developments.
£J Developments within the Industrial zone.
.,
I
d. In-lieu fees for housing mitigation shall be established and updated
annually by the Town Council as a component of, and in relationship to,
the overall fee program for new development The initial in lieu fee for
multi-family units shall be $23,222 pending adoption of a permanent
fee.
e. Projects that are required to provide inclusionary housing units on-site
may propose an alternate housing mitigation plan (AHMP) subject to
Mammoth Lakes Housing Board and Planning Commission approval.
-,
RA:solulioD No. 09-76
Page 3
The AHMP may make use of strategies within the MLH "Housing
Toolbox." Approval of an AHMP must be based on the findings that:
• On-site mitigation is undesirable for the community or
infeasible.
• There would be substantial additional affordable housing
benefit derived from the alternate proposal. "Additional
housing benefit" may be dermed by a number of
parameters including, but not limited to:
• A greater number of affordableJworld'orce units.
• Units that more closely meet current priorities
established by Mammoth Lakes Housing and/or the
Town.
• Provision of units at an earlier date than would
otherwise occur.
f. The following project types are exempt from all housing mitigation
requlrenients:
• New single family residences under 2,500 square feet.
• Projects of four or fewer units in the Residential Multi-Family 1
zone.
• Additions to or remodels of single-family residences that would
not cause total living area to exceed 2,500 square feet or are less
than 400 square feet in aggregate per building for floor areas above
2500 square feet. Fees shall only be charged for the incremental
square footage addition above the 400 square foot exemption.
• Non-transient rental apartments and deed restricted units.
• Retail and restaurant development within the Specific Plan,
Commercial General. Commercial Lodging. and Resort zones.
g. The livability requirements provided in aUac:bment A shall apply to
aU world'orce housing units built in accordance with this policy.
PASSED, APPROVED AND ADOPI'ED this lSIb day of November, 2009.
NEIL Me CARROu., Mayor
ATIEST:
~~
ANITA HATTER.
Town Clerk
H -
X
Z
lWolUlion No. 09-76
Page 4
Town of Mammoth Lakes
Mammoth Lakes Housing
Workforce Housing Uvablllty RequIrements
In an effort to create workforce housing units that are appropriate and
functional for the permanent residents who will live In these units as their
home, MLH and the Town of Mammoth Lakes are adopting the following
Workforce Housing Uvablllty Requirements. These requirements are
necessary to ensure that developers of Incluslonary workforce housing
units build units that meet minimum standards of square footage and
amenities necessary for households IMng and working In Mammoth Lakes.
The main component of the livability requirement Is that the workforce
houslng units provided shall be Eunc1lonally Equivalent to the market rate
units that are being provided. The workforce housing units must be
comparable In number and bedrooms. and number of bathrooms as the
market rate units. Deed restTlctions will be recorded against each
workforce housing unit. RestTlctions will be set at 80%, 100% and 120%
equ/valenlly throughout the project.
Workforce Housing Uvablllty Requirements are as follows:
1) Workforce Housing units shall be located throughout the
development.
2) Workforce Housing units must be provided proportionately In the
same unit type mix as the market rate units. except for hotel
developments where mltlgOtlon will be based on a two (2)
bedroom unit.
3) The workforce housing units must have the minimum square
footages as follows:
•
•
•
•
One (1) Bedroom Unit shall be no less than 700 square feet
Two (2) Bedroom Unit shall be no less than 1(XX) square feet
Three (3) Bedroom Unit shall be no less than 1300 square feet
Four (4) Bedroom Unit shall be no less than 1600 square feet
4) The developer shall provide EnergyStar rated kitchen appliances
Including range, refrigeratOr. dishwasher, and garbage disposal.
5) All materials and appliances must have a mInimum one year
warranty.
6) Adequate cabinets and storage space to be provided for Idtchen,
linens. bathrooms. and outdoor equipment. Storage space shall be
appropriate to life In an acl1ve mountain community.
,,'
Resolution No. 09-76
PageS
7) Sound Insulotlon shall be provided within both the Interior and
exterior walls.
8) Adequate dining space shall be provided. lhls may be a separate
room, part of a combined living/dining area, or In the kItchen.
9) All unl1s shall have provisions for laundry. If washer/dryer are
provided for market rate unl1s they shall also be provided for In
workforce housing units.
1O)Bedrooms must be designed to accommodate two persons and
have at least 120 square feet of useful IMng space In addltfon to
adequate closet space. lhe master bedroom shall be larger than
the secondary bedrooms. lhere must be an adequate number of
bathrooms for the expected household sizes. lhree and four
bedroom units must have at least two full bathrooms. Other unit
types (studio, one-bedroom and two-bedroom unl1s) shall have the
same number of bathrooms as the market rate units.
11)lhe external appearance, flnlshlng materials and qualify of
constructfon of the workforce hOUsing unl1s and any landscaping.
private yards or open space that Is part of the workforce housing
unit properly must be Identfcal to the market rate unl1s In the
project.
12)AII project faclllf1es. amenlf1es and parking must be available on the
same basis to the affordable housing unl1s as to the market unl1s.
13)Access to personal outdoor space shall be provided from each unit.
If a developer Is willing to provide deed resfrlcted rental housing Instead
of deed restr1cted for sale unl1s the Town may consider reducing one or
more of the livability requlremen1s provided that basic funcllonallfy and
livability are not compromised. Such determlnotlon to be at the sole
dlscretfon of the Town.
STATEOFCALIFORNIA
)
COUNTY OF MONO
)
TOWN OF MAMMOTII LAKES)
88.
I, ANITA HATIER, Town Clerk of the Town of Mammoth Lakes, DO HEREBY
CERTIFY under penalty of petjury that the foregoing is a true and correct copy of Resolution No.
09-76 adopted by the Town Council of the Town of Mammoth Lakes, California, at a meeting
thereof held on the 18th day of November. 2009, by the following vote:
AYES:
CounciJmembers Bacon, Harvey, Sugimura, Mayor Pro Tem Ewitman,
and Mayor McCarroll
NOES:
None
ABSENT:
None
ABSTAIN:
None
DlSQUALIflCATION: None
/·if~~
~A
HATTER, Town Clerk
I\-TTA- (tt f.{ [ t-JT
Doc #
Recording Requested By:
T cx....h of" rnc.Mmd-h Lok~
CLERK-RECORDER
I
I
~J0400746B
Page 1 of 16
Date: 8/18/2004 01 =36P
med by: Mn~MOTH LAKES; TOWN OF
FIled &Recorded in Official Retords
of MONO COUNTY
RENtl NOLAN
fee: $B.O[l
Send to (Name/Mailing Address):
"-Ta..vn c£ \\\OLrYlmcM, LAkes
1>.0.'\00>: IbOq
\l\ommotl., l..cJc..<;, CJ\ Q"36\-H)
TITLE OF DOCUMENT:
:J:C ~\@l> ~it'B~p'.~cl: Toc f}M?)~eg 1~~h~LJn·rh.
Generic Cover Sheet
#
3
A- 8YI
IN LIEU FEE A.GREEMENT
FOR EMPLOYEE HOUSING UNITS
This In Lieu Fee Agreement for Employee Housing Units ("Agreement") is made and
,2004, by and between Mammoth 8050, LLC, a Delaware
entered into as of S-p-ti
limited liability company ("Developer"), and the Town of Mammoth Lakes, a municipal
cOlJlOration ("Town") (collectively, the "Parties").
RECITALS
A.
Developer plans to develop certain project(s) within the Town, including but not
limited to a fractional interest condominium project known as the 8050 Private Residence Club
(the "8050 Project"), as such project is more particularly described in that certain planning
approval for UPA 2003-21and Tentative Tmct Map 36-213, originally submitted on December 9,
2003 and approved on June 9, 2004 and as may be amended, revised, and/or resubmitted as a
new application from time to time (the "Project Application"), which 8050 Project shall be
constructed upon Parcel I of Parcel Map No. 36-4, as may be modified from time to time,
including but not limited to a modification by Tract Map (the "8050 Parcel").
B.
Developer is in the process of acquiring certain property adjacent to the 8050
Parcel which property is depicted on Exhibit "A" attached hereto (the "Fireside Property").
Developer plans to add the Fireside Property to the 8050 Parcel through a lot line adjustment
process ("Contemplated Lot Line Adjustment").
C.
Upon completion of the Contemplated Lot Line Adjustment, the Project
Application will be revised to contain no less than 4 I residential units comprising a minimum of
85 bedrooms (a bedroom is defined as a room containing sleeping furniture). In the event the
Contemplated Lot Line Adjustment is not completed, the Project Application will be revised to
contain no less than 29 residential units comprising a minimum of 67 bedrooms. In either case,
the Project shall contain approximately 3,355 square feet of commercial space. The maximum
height of the 8050 Project will be 62 feet above the plaza level (as defined in the Project
Application) regardless of the number of units. Unless the context indicates otherwise, all
references to the "8050 Project" contained herein shall be references to the 8050 Project in
either of its possible configurations.
D.
Developer understands that, in connection with the Town's approval of new
developments, the Town requires developers either to construct employee housing units or pay a
fee in lieu of constructing such units (the "In Lieu Fee''), as set forth more fully within the North
Village Specific Plan adopted by the Town Council in December, 2000 ("Specific Plan").
E.
Developer desires to pay an In Lieu Fee to the Town in exchange for the issuance
by the Town to Developer of certain development credits ("Employee Rousing Credits" or
"Credits") expressed in terms of Employee Housing Units ("ERU''), as defined in Section
17.36.020 of the Specific Plan, or as housing mitigation for Full Time Employee Equivalents
(FTEEs) generated by the development. Developer further desires to apply a portion of these
Employee Housing Credits to the 8050 Project in full satisfaction of the employee housing
requirement for the 8050 Project.
441211264117vl7
"'.)
Dqc # ()040@7468
Page J • ...-',6
'-.
F.
The Town acknowledges Developer's 'intent to acquire Employee Housing
Credits and has agreed to accept payment in lieu of the construction of EHUs, or mitigation
housing for Full Time Employee Equivalents (FIEEs) a~ set forth more fully herein. In addition,
the Town has: (i) evaluated the 8050 Project, (ii) considered the factors set forth in Section
17.36.040(G) of the Specific Plan, (iii) detennined that payment of an In Lieu Fee is appropriate
for the 8050 Project, and (iv) approved Developer's proposal to apply a portion of the Employee
Housing Credits obtained hereunder to the 8050 Project. To the extent that this Agreement
deviates from the standards set forth in the Housing Element of the Specific Plan, the Town, in
accordance with Section 17.36.050(A) of the Specific Plan, has found that such deviation meets
or exceeds the intent of the Specific Plan to provide adequate affordable housing for the Town's
residents and employees.
G.
The Town acknowledges that any Employee Housing Credits which remain after
Developer's application of such Credits to the Town in cQnjunction with the 8050 Project may be
applied to real property owned or developed in part od1'l total by Developer or any affiliate of
Developer or successor or assigns and described as that ~rtain real property currently owned by
the Developer which is known as the Hillside Parcel and';js described more fully at Exhibit "B"
attached hereto.
'
H.
Upon review of the Project Application, tne Town finds that the 8050 Project
benefits the Town and complies with the language and spirip~ofthe Town's General Plan, Zoning
Code, and the Specific Plan in all of the project's possiblet90nfigurations set forth herein. The
Town further acknowledges that Developer is paxing th~Town approximately one hundred
eighty-nine percent (189%) of the value of eachQf the llnployee Housing Credits obtained
hereunder, as such value is prescribed by the Specific !}Jan (the currently fee per EHU is
$52,802). This overpayment by the Developer prQvides tIi~Town with the funds necessary to
construct a greater degree of employee housing than',would otherwise be possible.
AGREEMENT
NOW, THEREFORE, in consideration oft~~ foregoing recitals and the mutual promises
and covenants contained in this Agreement, the Parties
hereby agree as follows:
",,­
1. Incorporation of Recitals. The Recitals set forth above are incorporated into this
Agreement as though set forth fully herein.
2. Purchase of Employee Housing Credits. Subject to the Town's satisfaction of the
Funding Conditions (defined below) and the teriPs and conditions set forth herein, Developer
hereby agrees to pay the Town a total of Three Million dollars ($3,000,000.00) ("Credit Price")
as an In Lieu Fee. As consideration for the Developer's payment of the Credit Price upon
Funding Conditions and in accordance with the payment schedule set forth herein, the Town
hereby gives Developer Employee Housing Credits equal to thirty (30) Employee Housing Units
or mitigation for fifty-one (51) Full Time Employee Equivalents (FTEEs) generated by new
development, which Credits can be applied to meet the employee housing requirement of the
8050 Project (II EHU/19 FTEE Credits or 14 EHU/23 FTEE Credits required, see paragraph 7,
below), and the remainder of which (19 EHUl32 FTEE Credits or 16 EHU/28 FTEE Credits, the
"Remaining Credits") can be applied to Hillside Parcel. In the event that rates for employee
housing In Lieu Fees increase after the date of this Agreement, no person/entity exercising rights
44121\264117v17
ODe
*{ ')040074&8
r'aye 4 o,/\G
under the Credits issued herein shall be required to pay any additional amount to realize the same
credit as is available on the date hereof for purposes of satisfYing the Town's employee housing
requirement, any such increase is being imputed as already received with respect to the Credits.
3. Funding Conditions. Developer shall not be under any obligation to pay the Credit
Price unless and until all of the following conditions (the "Funding Conditions") have been
fulfilled:
(a) If the Mammoth Fireside Condominium Number One Homeowner's
Association (the "Fireside ROA") shall approve the sale of the Fireside Property, all of the
following:
The Contemplated Lot Line Adjustment has been approved by the
(i)
Town as required in order to legally effectuate the Contemplated Lot Line Adjustment as
planned;
Upon approval of application for the Contemplated Lot Line
Adjustment, any and all documents required to be executed, notarized and/or recorded in order to
legally effectuate such Contemplated Lot Line Adjustment shall be properly executed, notarized
and/or recorded as required; and
(i1)
The Town has approved the 8050 Phase II Project, consisting in
combination with Phase I, of no less than 41 residential units comprising no less than 85
bedrooms, which project shall be substantially consistent in architecture with the 8050 Project
presently submitted to the Town and reviewed by the Advisory Design Panel ("ADP") as of the
date of this Agreement.
(iii)
(b) If the Fireside HOA has not approved the sale of the Fireside Property and the
Town has approved the 8050 Project to consist of no less than 29 residential units comprising no
less than 67 bedrooms, which project shall be substantially consistent in architecture with the
8050 Project presently submitted to the Town and reviewed by ADP as of the date of this
Agreement.
The Parties acknowledge that execution of this agreement does not constitute either of the
approvals discussed in Sections 3a or 3b above. Such approvals may occur at some time in the
future and are conditions to payment of Credit Price as discussed further herein.
If the Funding Conditions have not been met by the earlier of June 9, 2006, or the payment dates
set forth in Paragraph 4 below, Developer may terminate this Agreement. Developer may waive
any or all of the Funding Conditions at any time upon written notice of waiver to the Town. The
waiver of anyone or more Funding Conditions shall have no impact upon those Funding
Conditions not specifically waived in writing by the Developer. In the event of termination of
this Agreement by Developer, Developer will be required to provide on-site housing mitigation
in accordance with the rules and regulations in effect as of the date of this Agreement, or other
alternative mitigation as may be approved by the Mammoth Lakes Planning Commission.
441211264117vl7
4. Payment of Funds. Upon the completion of the Funding Conditions, Developer
shall pay the Town the Credit Price in three separate payments as set forth below:
Amount
Timing
One Million Dollars
($1,000,000.00)
Developer shall pay the Town upon the earlier to occur of
the following: (I) The approvals set forth in either 3(a) or
3(b) above have been obtained, or (2) A building permit for
the 8050 proiect is issued.
One Million Dollars
($1,000,000.00)
Developer shall pay the Town upon completion of the
framing of the last building within the 8050 Proiect.
One Million Dollars
($1,000,000.00)
Developer shall pay the Town upon the latter occurrence of
either: (i) issuance of the certificate of occupancy for the
last building within the 8050 Project or (ii) Town's
approval of a use permit in connection with the
development of the Hillside Parcel. However, in any event,
the developer shall pay no later than June 9, 2006.
5. Applicability of Employee Housing Credits. Credits acquired hereunder shall be
available for use in connection with the 8050 Project and the Hillside Parcel. Nothing in this
Agreement shall preclude or restrict the Developer from transferring or assigning any or all of
the Credits to any third party in conjunction with the development of the Hillside Parcel, and
these Credits shall not have an expiration date. Developer's rights to all of the Credits shall vest
upon payment of the Credit Price. With respect to any property to which Credits are applied,
development bonuses for the inclusion of onsite affordable housing (including without limitation
all height, density, and lot coverage bonuses permitted by the General Plan, Specific Plan, state
law, and/or any applicable regulation or ordinance, as such are in effect at the time of application
to use the Credits) shall be available for such property. Upon request by Developer and subject
to the rules and regulations in effect at the time of said request, the Town may grant credits to
other property, if approved under an alternative housing mitigation plan.
6. Offsetting EHUs/FTEEs. Developer has agreed to demolish the two commercial
buildings currently located on the 8050 Parcel. The Town acknowledges that these two
buildings, which comprise approximately 7,500 square feet, currently have a defidt for housing
that shall be credited to the Developer. The Town hereby agrees that two (2) EHUs/ four (4)
FTEEs (the "Offsetting EHUsIFTEEs") shall be credited to the Developer and shall be used to
offset any employee/affordable housing requirement for the 8050 Project.
7. Applicability of Credits to the 8050 Project. Town agrees that Developer may
apply a portion of the Credits to the 8050 Project in full satisfaction of the employee/affordable
housing requirements associated with such project. The exact number of FTEEs generated by
the 8050 Project depends on the final configuration of the project. By way of example, the
housing requirement will be either eleven (II) EHUs or be based on nineteen (19) FTEEs if the
Contemplated Lot Line Adjustment is not completed and only 67 bedrooms are approved -for
construction. The housing requirement for the 8050 project will be fourteen (14) EHUs or be
44121\264117v17
~Q040074£8
DOC #
Page 6 of 16
based on twenty-three (23) FTEEs if the Contemplated Lot Line Adjustment is completed and 85
bedrooms are approved for construction.
Remaining Credits are considered to mitigate EHU requirements based on FTEE generation rates
and the Remaining Credits shall serve as mitigation for either thirty-two (32) FTEEs or twenty­
eight (28) FTEEs generated by development, as described above in paragraph 7 (not considering
the Offsetting EHUs/FTEEs available to Developer, as set forth in paragraph 6). In the event the
formula for calculating housing requirements shall be changed prior to the Remaining Credits
being utilized to offset housing mitigation requirements, the value of such Remaining Credits
shall be applied in conformance with the formulas in effect at the time of use of the remaining
credits.
8. No Further Obligation to Mitigate. For as long as, and to the extent that, the
Credits are being applied to satisfY the Town's FTEE housing mitigation requirements, the Town
agrees that any developer applying the Credits shall not be required to pay, contribute, or
dedicate any additional housing mitigation to the Town to mitigate housing required by FrEE
generation requirements satisfied by the Credits, including but not limited to any portion of any
affordable housing impact fee that the Town may impose on the project to which the Credits are
being applied.
9. Representations and Warranties. As a material inducement to the Parties' entry
into this Agreement, Developer and the Town represent and warrant to one another that as of the
Effective Date:
(a) The undersigned are authorized to execute and deliver this Agreement on
behalf of Developer an\! tile To'IVII Council, respectively, and to assure performance of their
respective obligations under this Agreement, and such obligations shall be valid and binding
obligations of the Developer and the Town.
(b) Town shall, upon reasonable notice by Developer and at no cost to the Town,
issue a written verification or take any other action reasonably requested establishing that
Developer possesses the Remaining Credits, such that Developer may transfer or assign all or
any portion thereof to any third party for application to development of the Hillside Parcel.
These representations and warranties shall survive for a period of not less than five (5)
years from the date of this Agreement.
10. Entire Agreement. This Agreement constitutes the entire agreement among the
Parties pertaining to the subject matter hereof and supersedes all prior agreements,
understandings, negotiations and discussions, whether oral or written, of the Parties. No
supplement, modification or waiver of this Agreement shall be binding unless executed in
writing by the Party to be bound thereby.
11. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute a single
agreement.
12. Severabilitv. If anyone or more of the provisions contained in this Agreement shall
be found to be invalid, illegal or unenforceable in any respect, the validity, legality and
441211264117vl7
I
DOC # Z:"'4007 L'68
~'P.ge 7 op>r'f
enforceability of the remaining provisions contained herein shall not, in any way, be affected or
impaired thereby.
13. Headings. The headings and captions to the various articles, sections, subsections,
subdivisions and other provisions of this Agreement have been inserted for convenient reference
only, and shall not have the effect of amending or changing the express terms and provisions of
any such article, section, subsection, subdivision or other such provision thereof.
SIGNATURE PAGE FOLLOWS.
44121\264117vI7
IN WITNESS WHEREOF, the Parties have hereunto caused this In Lieu Fee Agreement
for Employee Housing Units to be executed and delivered, as of the date first appearing above,
by their duly authorized officers.
"DEVELOPER"
MAMMOTH 8050, LLC, a Delaware limited
liability c O d
By:
~Q-_-Name:
Title:
Date:
"TOWN"
441211264117v17
Eric Altshuler
Director
August 12" 2004
!
..
i
~~~; 9 r~ePfl!Ji!i'l~ON;~~~;;~~-~' F
\..J'Y CAPACITY CLAIMED BY SIGNER
~~a~::'o-,~=~::~:l.O:IF:O:RN::IA~======~_·C_:;Y-_}
On
B-p..--o'-(
DATE
before me, __AN----,I"'TA=HA~l;.;,"J:,;:F;R;"
. ",T"'0'iWN.;;-,CT=,E:,;:RK=-=====-__
NAME. "\'l\.eOF OFFICE.R· e.G.. ·JANE DOE. NOTARY F'UBUC·
personally appeared _ _={;...;.II'.:.;.~~6'\..!..l~+:...:'S::"'~lJ;,:;le;
......""",,,,,,,=,,-
_
NAMEl,iJ'tlF SiONEft(S)
M
,
OJ
'J
1,~
Though statute does not ~ujre the NOlll'Y to
fill in the dala balow. dOing so may prO\l8
invaluable to persons retying on !he doaiment
o INDIVIDUAL
o CORPORATE OFFICER(S)
TITLErS)
o. n to me • OR • ~proved to me on the basis of satisfactory evidence
to be the person(sj whose namele) isltlfe
subscribed to the within instiument and ac­
knowledged to me that helel ie,'hey executed
the same in his/-Ilerftheir authorized
capacity~. and that by hislherill161.ir
signaturel6rOnthe instrument the person(sh
or the entitYUPQn behalf of which the
person!Gl acted. executed the instrument.
o PARTNER(S) 0 LIMITED
o GENERAL
o ATIORNEY·IN·FACT
o TRUSTEE(S)
oo GUARDIAN/CONSERVATOR
OTHER:
_
SIGNER IS REPRESENTING:
IOJ
,:)
WITNESS
ANITA HAT'g:R, TOWN Cl.ERK
TOWN OF MAMMOTH LAKES
~~.
-iii.iiiiii.iiiiii.iii'"'!"--------THiS C1:RTlflCATE MUST BE ATIACHED TO
THE DOcuMENT DESCRIBED AT RIGHT:
ihough lhe datli' requested hare is oot required by law.
n co~19 p,revenl fraudulent reattachment 01 this fClrm.
NAME OF PERSON(S) OR ENTfTY(IES)
my hand and official seal.
SIGNATURE OF
N8lilWt TOWN
CLERK
OPTIONAL SECTION - - - - - - - - - - - - -
TITlE OR TYPE OF DOCIJMENT
NUMBER OF PAGES
_
DATE OF DOCUMENT
_
SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIA110N· 8236 R.mmal Ava., P.O. Box 7184· Canoga pOrk, CA 91309-7184
.
Don
i~ ::~::IO-f~~~~:·:~~:~~~·"'U_""KN_,,"_I~A~~~~~~~-C.~ }
;
On
8-l3-oL before me
CATE
"I
~
"
'J
)
J
.,
ANITA
4.mJ.eJ'JIONAl SECTION _
CAPACITY CLAIMED BY SIGNER
Though Sialule does not reQuire Ihe Nclary 10
lUI in the data balow, dOing so may prOve
HAIT.F.R,
TOWII
invaluable 10 persons relying on Ihe documenl.
CI.ERK
NAME. TITLE OF OFFICEr:. E.G.. ·.IANE
I
personally appeared
Page
o INDIVIDUAL
ooe, NOTARY PUBLIC·
-!:~"-'--'\:le,J-=.::_'__;;l='"".i=:c.p.wk.~~;;;;_-----NAME~OFS~NER~
no.\'in to me - OR • 0 proved to me on the basis of satisfactory evidence
.
to be the personfs} whose namefGl i~
subscribed to the within instrument and ac­
knowledged to me that heI5Re.~Rey executed
the same in hisf!ter·Hfl:t* authorized
capacity~, and that by his/ReF/IReir
signature~ on the instrument the person(~.
or the entity upon behalf of which the
personfej-t!cted, executed the instrument.
o
CORPORATE OFFICER(Sl
TLTLEtS)
o PARTNERIS) 0 LIMITED
o GENERAL
o ATTORNEY·iN·FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o
OTHER:
_
SIGNER IS REPRESENTING:
NAME OF PERSON{S} OR ENTfrVUE.SI"
I
:~
,'J
,/
ANITA HATTER, TOWII CLERK
TOWII OF MAMMOTH LAKES
CLERK
- - -...- - - - - - - - OPTIONAL SECTION - - - - - - - - - - - - ­
THIS CERTIFICATE MUST BE ATTACHED TO
TITLE OR TYPE OF DOCUMENT
_
THE DOCUMENT DESCRIBED AT RIGHT:
ThOugh the data requested here is no! requir~ by law,
il could prevent fraudulent reattachmenl of ttllS form.
NUMBER OF PAGES
DATE OF DOCUMENT
_
SIGNER{$} OTHER THAN NAMED ABOVE
C11993 NATIONAL NOTARY ASSOCIATION· 8236 Remmel Ave.. P.O. Box 7184 • Canoga Parll:. CA 91309-71 B4
DOC # ("04007468
Page 11." 16
Exhibit"A"
Depiction of Fireside Property
See Attached.
441211264117v17
Exhibit "8"
Legal Description of Hillside Parcel
See Attached.
441211264117v17
/
/
/
j
J
e/
PAHeEL
PM8~47'lal
-"
I
\r:":>
'\
\.'
1
,~
\.... '\
~'~
'~"'\'
.-
EXISTING
' ',,,,,,,,,·-J..or LINE
\
,,0",\ "/
\
'~.
.., \'\ \
'
~\
PROPOSED
LOT LINE
PROPOSED PROPER TY LINE
EXISTING PROPERTY LINE
CENTERLINE
[ .. 'J
SCALE: 1 "=80'
FIRESIDE PROPERTY
EXHfBf T ':.<1"
DEPICTION OF FIRESIDE PROPERT
2410
2410FSEXHIBITS
CS
A tnadfhdmes ossoCiotes
7-9-04
\
\
\
\
\
,')
/
,"
/
/
,/'
\.
"',
A-..
,/'
............
,/'
,/'
'-<,
1'_200'
.~-"'''''''''''''
'~.
,~
"
...
~o
"
~.a
,
'''',)
,
" ,\
II
I
\
I
\
\
I
I
I
I
I
I
I
~
PARCEL 1
7' I
\
<:> <:n ~
\<l~~
t.;Sn
~~
--------~--' \
\
I
-
L,--­
PARCEL 1
......
/
... "...
.....
"......
.........
...,
",'"
--.
:
\
-------------­
J,.-­
--...-".........
......,
.,.",...- -
\10
(,~ ~!B5
I
I
LLA 04-02
I
It
.."......
.
PMB 1/44
APN 33-010-02
I
MAMMOTH HILLSIDE AND 80/50
EXHIBIT B
2473
2473/HILLSIDE PARCELS
lB
Atnad/holmes ossoclOles
8/9/04
DOC« r"~4007468
Pay. lS\n 16
,,
LEGAL DESCRIPTION OF THE HILLSIDE PARCEL
PARCELl
LOT LINE ADJUSTMENT PARCEL 2 IN mAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 04-02,
RECORDED JUNE 17,2004 AS INSTRUMENT NO. 2004005560 OF THE OFFICIAL RECORDS OF MONO
COUNTY, CALIFORNIA.
PARCELZ
ALL THAT PORTION OF TIlB NORTIlBAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
34, TOWNSHIP 3 SOUTH, RANGE 27 EAST, M.D.B.&M.,lN mE TOWN OF MAMM01ltLAKBS, COUNTY
OF MONO, STATB OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT,UiEREOF DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTH QUARTBRCORNBR OF SECTION 34; THENCE NORTH 89"52'56" WEST
ALONG mE NORm SECTION LINE 863.6 FEET, MORBOR LESS, TO THB CENTER LINB OF MINARET
ROAD; THENCE FOLLOWINGTHB CENTBR LlNB OF MINARBT ROAD, SOUTH 18'11'30" EAST 384.98
FEBT; THENCE soum 32"44'30" IlAST 113.1 FBET TO THB INTERSECTION WITH MILLBR'S SIDING,
SAID POINT OF INTBRSECTION BEING TIlE MOST BASTBRLY POINT IN THE LAND DESCRIBED IN
THE DEED TO DAVE MCCOY AND ROMA MCCOY, HUSBAND AND WIFE RECORDED JUNE 10, 1952
IN BOOK 29 PAGE 306 OFFICIAL RECORDS OF MONO COUNTY; THENCE ALONG THE BOUNDARY
LINB OF THE LAND DESCRIBED IN SAID DEED TO DAVE MCCOY, ET UX, BEING ALSO THE CENTER
LINE OF MILLER'S SJDING, SOUTH 33"31'30" WEST 180.30 FEET; THENCB CONTINUING ALONG TIlE
CENTER LINE OF MILLER'S SIDING SOUTIl9'SI' WEST 156.60 FEET; THENCE CONTINUING ALONG
TIlE CENTER LINE OF MILLER'S SIDING SOUTH 5'13' EAST 60.90 FEET TO THETRUB POINT OF
BEGINNING; THENCE CONTINUING ALONG THE CENTER LINE OF MILLER'S SIDING:
1ST; SOUTH 5'13' BAST 300 FEET TO THB NORTHBAST CORNER OF THE LAND CONVEYED TO, CLYDE
W. MILLER BY DEED RECORDED IN BOOK 57 PAGE 532 OFFICIAL RECORDS; THENCE
'
2N\):.SOUTH 84'47' WEST 140 FBBT ALONG THB NORm LINE OF SAID LINE OF MILLER TO THE
NORmWEST CORNER rnEREOF; rnENCB
JRD; NORTH 5'13' WEST 300 FEET TO A POINT IN mE SOUTHERLY LINE OF THE LAND CONVEYBD
TO D.R. GORDON AND WIFE BY DEED RECORDED IN BOOK 42 PAGE 556 OFFICIAL RECORDS;
THENCE
411/; NORTH 84'47' EAST 140 FBET ALONG THB soum LINB OF SAID LAND OF GORDON TO.TIlE
TRUll POINT OF BEGINNING.
EXCBPT THE MOST IlASTERLY 30 PEET OF SAID LAND FOR RIGHT OF WAY PURPOSES.
PARCEL 3
PARCEL 2 OF PARCEL MAP NO. 36·29, IN THE TOWN OF MAMMOTH LAKES, COUNTY OF MONO,
STATE OF CALIFORNIA, AS PER PARCEL MAP RECORDED IN BOOK I, PAGE 44 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF MONO COUNTY, CALIFORNIA.
[continues on
ne~t
page]
", '*'
DOC (;804007468
Pdge rb,pl 16
PARcel;. A;
A,P,,1lCEL OF LANDIN THIi SOlJ'l'H&AllT QUARTeR OF
NORT/fNl1SI' QllARTIiR Of' SECTION 34, .
TOWN6ItP:J 8Ol,ITH. RANGE27 EAST. M.D.B.&M.. IN THE 1'O'M'l Ol'IoIAa4MOTH lAl<&S. COUMTY OF
1li2.
IIONO, STAT!OFCAUI'ORNIA, oeseAlBEDAS'I'OLLOWS:
.
.
.
BeGlNNlNGATA POINTON 11iS NORTltUNl! 01' THe 6OUTHEASTQUMTJ;R Of Tt1ENORTHlNEST .
QUAR'J'Im.OF SAID SI!CTION 34, SAID POfNf IlElNG DISTANT ~5 FEeT. liAST151u.v A1.0~ SAlt> NORTH
LINI!·PROM THENQltJ1f,NE&TCORNIiR OF SAID SOU1liEAST QUARl'IJIt Of m NORTHW&8T
.
QUARTliR.
'. OF lie.enciN'lI4; THENCe $OUT.liERl...!1 PARALl.II. 11' nieWE8T~J.I Of' SAlb.' 80UTtlEAST
81
Q!JAR'reR OFnte NORTHvwasT QUARl&RTO n.1! ~y SlDS NeOF OALFORNIA
8'/'ATl!HlGtiWAYNO.n2{'OOFl!l!l'~THEHCENORTH~Y
'THIIN~Y
lllCl!UftI!j OF-llAIO tIIGHWAV NO. 112,TO 't'Hl!l'NORTlWNeOF SAID ~STQUAA'l'liIU)'THl!!
NORTHWI!llT Ql,/IIRfl!R Ol'SllCTlOH'$4; THENCe WES11!Rl..V. Al.Ot{G 8AlO NOFl'Oi UNEtTO'l'HIiPOINT
.
. •
,
OF 1iIiGINNING. .
MRa~~
,
PARCl9,. ONE OF PMoaloW' NO. :J8-2I IN lHli 'I'OWN OF MAUMO'lli LAKES, COUN1Y OF. MONO.
STATIOOP OALIl'OANIA AS FeR PARCE\.MAPflSOOFlllED IN BOOK 1. pAoe +4 OF PARCEL IMPS; IN
THEoR=tCIi eF 1116 00lJHTV RECORlJ&R OF sAID COUNtY.
'.'.
,','
r
" ElCOI!PT THERI!FROM THe INTBU!ST OF 11iS ST"lEOF cAuFORMA IN'T/fA POFlTION OF ASTRIP OF
LAND 2QO'FllETWIOE LOOA'tEO ON SAID LAND, "3 CONllEMNEO pO/!. STAlEHlClHWI« BY FlHAL .
DECREE aII'EllI:D ~veullER 13;103S,lN CASI: NO. 26lRl, SUPeRIOR COURT.
PARCl!LC; •
LOr 1C1 OF ~'Oi llLOI'S8cUNlT NO. 2, IN:rHE TOIMI OF'NAMMcmi I.fiI<E& COUHTYOF MONO.
:
STA11l! OF OALIF-ORNIA, AltPER MAP ReCORDED oaroSI!R 1I.1l1116 /liI8OOK ,,: PAGE! es, 8iA. 888ANO . '.
810 OF MAPs, IN Ttte OFflOIi OFlHE COUNtVAECQ,RQ$(lF..8I\lO'tbUHtY.
'
•
'
,
•
<" • • • •
'"
.'
•