This section identifies the city official or body responsible for reviewing and making decisions on land use and development permits as well as amendments to precise plans, the general plan, the zoning map and this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The following sections describe the duties and powers of city officials and administrative bodies responsible for acting on the land use permits and entitlements contained in this Chapter.

Amendments to the zoning ordinance text, rezonings or zoning map amendments, adoption or amendment of precise plans and amendments to the general plan are legislative acts reviewed by the environmental planning commission with final determination by the city council. In addition to the authority specifically described below, the zoning administrator may, in accordance with Section 36.44.45, designate other community development staff to review projects and issue zoning permits for projects not requiring public hearings. Each of the city officials and administrative bodies with final decision authority as listed below shall have the power to approve, conditionally approve or disapprove projects, permits and amendments. A summary of the review authority described in this Article is given in Table 36.44-1.

Table 36.44-1
Review Authority

Key: R—Review and recommendation body
F—Final decision-making body
A—Appeal body

¹  Refer to the administration section of precise plans for further information on items reviewed by the environmental planning commission and Sections 36.44.15 and 36.44.25 regarding concurrent reviews by the environmental planning commission.

²  State-mandated housing approvals.

³  Listed for reference only. Refer to subdivision regulations in Chapter 28 of the city code.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 2.21, § 5, 3/9/21; Ord. No. 01.2024, § 28, 1/23/24.)

a.

Appointment. The zoning administrator shall be appointed by the city manager. The city manager may authorize the community development director to appoint deputy zoning administrator(s).

b.

Duties and powers. The zoning administrator shall perform the duties prescribed in this Chapter as designated in precise plans and as assigned by the community development director. The duties shall include, but are not limited to, the power to do all of the following:

1.

Make recommendations to the city council on planned community permits when specified by a precise plan;

2.

Oversee design review for all zoning permits under the review authority of the zoning administrator as referenced in Section 36.44.20;

3.

Approve:

(a)

Single-family residential major floor area ratio exceptions;

(b)

Temporary use permits;

(c)

Variances;

(d)

Planned unit development permits;

(e)

Conditional use permits;

(f)

Special design permits;

(g)

Applications for development review;

(h)

Permit extensions;

(i)

Mobile home park permits;

(j)

Planned community permits when allowed by a precise plan;

(k)

Interpretation of this Chapter; and

(l)

California Environmental Quality Act (CEQA) determination for these items;

4.

Refer any application for permit or entitlement to the city council for final action; and

5.

Adopt rules of procedure for detailed application format, meeting process or other detailed procedures consistent with this Article.

c.

Meetings. The zoning administrator shall hold regularly scheduled hearings open to the public at dates, times and places determined and posted by the zoning administrator.

d.

Concurrent processing. In lieu of a separate administrative zoning public hearing, the zoning administrator shall refer any zoning permit application being processed concurrently with a general plan amendment, amendment to the text of the zoning ordinance, amendment to the zoning map or new or amended precise plan to the environmental planning commission for concurrent review and recommendation to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 22.19, §§ 4, 5, 12/10/19; Ord. No. 01.2024, § 28, 1/23/24.)

The zoning administrator shall establish procedures for review of the site, architectural and landscape design of development applications, which includes, but is not limited to:

a.

Assigning oversight of the design review of projects to a deputy zoning administrator;

b.

Hiring one (1) or more professional architects to serve as consultant(s); and

c.

Holding regularly scheduled meetings that are open to the public.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 28, 1/23/24.)

Editor's note— Ord. No. 01.2024, § 28, adopted Jan. 23, 2024, repealed the former § 36.44.20, and enacted a new § 36.44.20 as set out herein. The former § 36.44.20 pertained to development review committee (DRC) and derived from Ord. No. 18.13, § 1, adopted Dec. 10, 2013.

The duties, responsibilities and powers of the subdivision committee shall be as provided by Chapter 28 of the City Code (Subdivisions) except, in lieu of a separate subdivision committee public hearing, the subdivision committee shall refer any subdivision map application being processed concurrently with a general plan amendment, amendment to the text of the zoning ordinance, amendment to the zoning map, or new or amended precise plan to the environmental planning commission for concurrent review and recommendation to the city council.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Appointment and membership. The commission shall consist of seven (7) members, appointed by the city council, who serve in compliance with the provisions of this chapter and the city charter Section 906.

b.

Duties and powers. The commission shall have all powers assigned to it under the city charter Section 906 (a-c) and shall exercise the following functions to safeguard the environmental quality of the community:

1.

Establish, maintain and monitor an environmental planning process;

2.

Identify community-wide goals, through citizen contact and initiate programs to implement and monitor such goals;

3.

Formulate and make recommendations to the council for final determinations on new street plan lines, precise plans, general plan amendments, zoning map amendments, zoning text amendments, environmental clearance documents and other applicable policy or ordinance matters related to the city's planning process;

4.

Monitor the city's zoning standards and map to ensure consistency with the community's land use objectives;

5.

Communicate with the council, public agencies and citizens regarding the environment and plan implementation and subregional and regional planning; and

6.

Review and make recommendations on CEQA determinations for these items.

c.

Meetings. The commission shall hold regularly scheduled meetings open to the public at dates, times and places determined and posted by the commission.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Powers. The city council shall have final authority for:

1.

Appeals on determinations by the subdivision committee and zoning administrator;

2.

Tentative and final subdivision maps;

3.

Planned community permits when specified within the applicable precise plan;

4.

Any permit or entitlement application referred to the council by the zoning administrator;

5.

Street plan lines;

6.

Precise plans;

7.

General plan amendments;

8.

Zoning map amendments;

9.

Zoning chapter text amendments; and

10.

CEQA determinations for these items.

If, on Items 5 through 10, the city council is contemplating approving an action significantly different than the recommendation from the environmental planning commission, the council may, by majority vote, return the item back to the commission for reconsideration and recommendation. The council may specify a time period by which the commission is to return their recommendation back to the council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 22.19, § 6, 12/10/19; Ord. No. 01.2024, § 29, 1/23/24.)

A prospective applicant is encouraged to request a preapplication meeting with the community development department prior to formal submittal of a permit application. The purpose of this meeting is to inform the applicant of requirements that apply to the proposed development project, review the procedures outlined in this Chapter, examine possible alternatives or modifications and identify any technical studies relating to future environmental or project permit review. The community development director may require a preapplication meeting for controversial or complex projects.

In addition to or prior to the preapplication meeting, a prospective applicant with authorization of the property owner(s) may voluntarily submit an informal application together with the filing fee as established by resolution of the city council, conceptual plans and materials to the community development department. The purpose of the informal application review is to identify applicable development standards, guidelines, and city regulations for the proposed project, receive preliminary feedback on compliance and understand the permits required for the prospective project.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 29, 1/23/24.)

The purpose and intent of the development review regulations in this Division is to establish procedures for the discretionary review of development throughout the city in order to ensure that new development and changes to existing developments: (1) comply with city development requirements and policies; (2) maintain or enhance the appearance of the community; (3) maintain property values through quality development; (4) ensure compatibility of private development with surrounding properties and neighborhoods, public rights-of-way and other facilities; and (5) in reviewing new residential development, strong emphasis is given to the compatibility of the new development with the surrounding development, including its intensity, density, scale, bulk, height, setbacks, open space, building orientation and architectural style and design. The surrounding development refers to building types, as opposed to styles, and a larger area than immediately adjacent development.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 30, 1/23/24.)

All new construction, modifications to building exteriors or development sites, and changes in land use shall require a development review permit, except as otherwise listed in Section 36.44.45, including, but not limited to, the following:

a.

All new buildings or additions to existing buildings;

b.

Any modification that affects the exterior appearance of an existing building, including, but not limited to, covering or blocking window openings in any manner;

c.

Any modification to parking lot striping or other on-site circulation changes;

d.

Any change to fencing, landscaping or hardscape;

e.

A change from one permitted use to different permitted use.

(Ord. No. 18.13, § 1, 12/10/13.)

Zoning permits are not required for the following developments and improvements:

a.

Any exterior or site modification that the zoning administrator determines is minor, including, but not limited to, minor changes to building color, minor changes to a landscaping plan, restriping parking lots to match previously approved plans, minor adjustments to doors and windows, new or replaced roof equipment and a new or modified roofscreen(s) or parapet(s) consistent with height limitations of this Chapter;

b.

Construction of or additions and improvements to conforming single-family or two (2) family structures that comply with the provisions of this Chapter;

c.

Interior improvements;

d.

Construction of fences and entry features over front yard gates that comply with height, width and depth requirements in Section 36.06.50; and

e.

Establishment of new tenants with the same or similar use with no exterior changes.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 31, 1/23/24.)

Preliminary development review through a preapplication meeting or submittal of an informal application (see Section 36.44.40) is encouraged prior to the formal submittal of an application. This informal review provides guidance to project proponents prior to preparation of detailed building designs and site plans for formal application submittal.

Formal development review is initiated when the department receives a complete application for development review. Development review can be a separate permit application or part of a larger permit application as described in this Section. The zoning administrator shall have the overall authority to conduct development review, subject to appeal to the city council, but may refer applications to other community development department staff for review and issuance of permits. The development review process is administered at three (3) levels of evaluation: administrative, zoning administrator public hearings and council public hearings.

The zoning administrator or community development director may require that any application be reviewed through the more formal development review process, including design review.

a.

Administrative procedures. Applications with complete materials for simple requests, in full compliance with this Chapter or applicable precise plans, requiring no site visits or review by other departments may be approved administratively without public notice or hearing. Typical projects that may qualify include the following:

1.

New signs and change of copy on existing signs, which conform to a previously approved sign program;

2.

New or amended sign programs;

3.

Change of use in nonresidential zoning districts where the proposed use is principally permitted and the proposed parking is in compliance with this Chapter;

4.

Temporary use permit for the sale of seasonal items, including Christmas trees and pumpkins, seasonal or temporary recreation uses, such as day camps, construction yards in conjunction with an approved construction project, mobile home(s) as part of a temporary work site for employees, homeless shelter for up to twenty-nine (29) people and not exceeding thirty-five (35) days, food kitchens and relief services and similar type uses;

5.

Minor facade modifications, including: adding or removing door(s), automated teller machines (ATMs) at an existing bank, handicapped-accessible ramps, additions to single-family structures with nonconforming setbacks and minor architectural enhancements to multi-family structures which conform to approved plans;

6.

Minor site plan modifications, including adding or changing: trash enclosures, bicycle lockers, utilities with minimal aboveground structures, satellite dish antennas, fences, landscaping and landscaping structures, such as arbors or gazebos and parking lots striping;

7.

Fences which exceed six (6) feet in height but do not exceed seven (7) feet in a residential zoning district and where the applicant can provide letters of agreement from all adjacent property owners;

8.

Facade modifications to multi-family, commercial and industrial structures where less than one thousand (1,000) square feet of additional floor area is proposed;

9.

Modification or minor additions to existing site plans and/or structures located in the planned community zoning district as provided by subsection 36.50.30 b. or where the precise plan allows for minor modifications;

10.

Development review associated with consideration of any new use, new construction or modifications within the neighborhood design (ND) and special design (SD) overlay zoning districts;

11.

Development on sites with existing nonconforming structures (see Section 36.06.60);

12.

Modifications to residential structures for reasonable accommodations (see Section 36.08.40);

13.

Multi-family accessory structure(s);

14.

New or modified outdoor dining located on private property. This includes outdoor dining located within the downtown precise plan;

15.

New or modified merchandise displays located on private property within the downtown precise plan; and

16.

Parking reductions associated with an increase in bedrooms within an existing multiple-family residential dwelling unit per Section 36.32.70.

b.

Zoning administrator procedures. In addition to the authority to take final action on variances, conditional use permits and other special property development permits, the zoning administrator is responsible for making development review recommendations to the city council on planned community permits when specified by a precise plan, overseeing design review as part of the development review process and making final decisions on applications for the following:

1.

New construction and/or major remodeling or site plan modifications when in full compliance with the provisions of this Chapter;

2.

Single-family structures and additions where a floor area ratio exception is requested;

3.

Minor adjustment to design/site consideration of an approved permit from a public hearing which does not result in a reduction from any standard outlined in this Chapter or change any special conditions adopted by the city council, including, but not limited to:

(a)

On-site circulation and parking, loading and landscaping;

(b)

Placement and/or height of walls, fences and structures; and

(c)

Minor changes to architectural features and/or modification of finished materials and colors that do not alter or compromise the previously approved theme.

4.

Development review associated with applications for variances, conditional use permits, temporary use permits and planned unit developments, including general plan mixed-use village center developments;

5.

Changes of use in commercial, office and industrial zoning districts which are in compliance with this Chapter but may impact adjacent properties, including, but not limited to, proposals for outdoor storage adjacent to a residential zoning district; outdoor seating at an existing restaurant; or changes in parking lot lighting which may generate off-site glare;

6.

Fences which exceed six (6) feet in height but do not exceed seven (7) feet in a residential zoning district where the applicant cannot provide the community development department with letters of agreement from all adjacent property owners;

7.

Antenna or communication facilities in all zoning districts, including public right-of-way;

8.

Public projects involving permanent new buildings; and

9.

The moving or relocation of a building per Division 7 of Article III of this Chapter.

c.

City council. The city council shall make a final development review determination on a planned community permit when the precise plan requires council approval and a planned unit development when it is accompanied by a tentative map. The city council is the final appeal body of zoning administrator determinations.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 20.19, § 11, 12/10/19; Ord. No. 22.19, § 7, 12/10/19; Ord. No. 1.2023, § 5, 2/14/23; Ord. No. 7.2023, § 4, 5/23/23; Ord. No. 01.2024, § 31, 1/23/24.)

Approval of a project shall require written findings supporting the conformance of the project with adopted city standards and design guidelines. The findings shall be based upon the following:

a.

The general design considerations as described by the purpose and intent of this chapter, the general plan and any city-adopted design guidelines;

b.

The architectural design of structures, including colors, materials and design elements (i.e., awnings, exterior lighting, screening of equipment, signs, etc.) are compatible with surrounding development;

c.

The location and configuration of structures, parking, landscaping and access are appropriately integrated and compatible with surrounding development, including public streets and sidewalks and other public property;

d.

The general landscape design ensures visual relief, complements structures, provides an attractive environment and is consistent with any adopted landscape program for the general area;

e.

The design and layout of the proposed project will result in well-designed vehicular and pedestrian access, circulation and parking; and

f.

The approval of the development review permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13.)

A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district but may be acceptable because of their temporary nature. This section provides a simple process for reviewing a proposed use to ensure basic health, safety and general community welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use.

(Ord. No. 18.13, § 1, 12/10/13.)

No use that qualifies as a temporary use shall be conducted without a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use and development restrictions and permit review provisions that otherwise apply to the property. The following temporary uses may be allowed:

a.

Construction yards. Contractors' construction yards that are not located on the construction site but are established in conjunction with an approved and ongoing construction project.

b.

Seasonal sales lots. Christmas tree sales lots or the sale of other seasonal products, including pumpkins and temporary residence/security trailers. A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid business license, provided the activity does not consume more than fifteen (15) percent of the total parking spaces on the site and does not impair emergency vehicle access. Seasonal product sales shall be subject to Chapter 18, City Licenses, of the City Code.

c.

Special events. A temporary event for the consumption, sell, purchase or production of goods, wares or foods on public or private property, which may include temporary structures or tents. All operators of such events must meet building and fire codes and maintain a valid city business license and county health permit, if food-related services are included. Does not include special events approved by the city council, city-sponsored events or mobile vending in accordance with Chapter 15 of the City Code.

d.

Temporary shelters. Temporary shelters for the homeless, food kitchens or other temporary or emergency personal relief services for up to thirty-five (35) days, provided that:

1.

Housing facilities are limited to a maximum capacity of twenty-nine (29) people; and

2.

The facility is provided within an existing structure approved under the Uniform Building and Fire Codes for that use and occupancy.

e.

Temporary work trailers. Trailer, coach or mobile home as a temporary work site for employees of a business up to a maximum of three hundred sixty (360) days:

1.

During construction or remodeling of a permanent commercial or industrial structure when a valid building permit is in force; or

2.

Upon demonstration by the applicant that this temporary work site is a short-term necessity while a permanent work site is being obtained.

f.

Mobile vending (special events only). All mobile vending shall comply with Chapter 15 of the City Code. A temporary use permit is only required for a special event with mobile vending, where:

1.

A single event with mobile vending exceeds four (4) hours in duration during a twenty-four (24) hour period on an individual property or contiguous properties; or

2.

Four (4) or more mobile vendors operate on a single property or contiguous properties at any given time.

g.

Similar temporary uses. Similar temporary uses including, but not limited to, temporary or seasonal recreational uses and day camps which, in the opinion of the zoning administrator, are compatible with the zoning district and surrounding land uses.

(Ord. No. 18.13, § 1, 12/10/13.)

A temporary use permit application shall be filed in compliance with this division, with the following differences:

a.

Illustrations. Sketches or drawings of sufficient size and clarity to show, without further explanation, the following: size and location of the property, location of the adjacent street, location and size of all structures on the site, location of structures on adjacent lots, location and number of parking spaces, and location of any temporary fences, signs, lights or structures to be installed as part of the temporary use;

b.

Statement of operations. A written statement describing the products or services to be provided, hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during its operation, and other information about the operation of the use including use of any loudspeakers that pertains to the impact of the use on the community or on adjacent uses; and

c.

Letters from adjacent property owners. For off-site construction yards, seasonal sales lots, temporary recreation uses and temporary shelters that are proposed to last more than thirty-five (35) consecutive days per calendar year, a letter(s), signed by the property owner(s) of each property adjacent to the proposed temporary use, shall be submitted to the zoning administrator. The letter(s) shall describe the proposed use and dates and times of operation, and state the adjacent property owner's agreement to the operation of the temporary use as described. When the applicant is unable to obtain these letters from all adjacent property owners, or for any other temporary use proposed to last for more than thirty-five (35) days, the applicant must file an application for a standard conditional use permit. This requirement does not apply to temporary work trailers described in Section 36.46.10.e.

(Ord. No. 18.13, § 1, 12/10/13.)

A temporary use permit application may be approved only if all the following findings are made:

a.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working near the proposed use.

b.

The use, as described and conditionally approved, will not be significantly detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the community.

c.

The standards for structure setbacks, heights, floor areas, parking and landscape areas and other structure and property development standards that apply to the category of use or the zoning district of the subject property are generally met. However, the temporary use permit may authorize variation from the specific requirements as may be determined to be appropriate by the zoning administrator. In making these determinations, the zoning administrator shall take into consideration the short time period of the proposed use.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon conclusion or removal of the temporary use, the site shall be cleaned of debris, litter or any other evidence of the temporary use and shall thereafter be used in compliance with the provisions of this chapter. A bond may be required prior to initiation of the use to ensure cleanup after the use has been terminated.

(Ord. No. 18.13, § 1, 12/10/13.)

Decisions of the zoning administrator on temporary use permits may be appealed to the community development director. The community development director shall provide notice by mail to the applicant, to the owner of the subject property and to the owners of all abutting properties at least ten (10) calendar days prior to the hearing. Decisions of the community development director on any appeal may be appealed to the city council pursuant to this division.

(Ord. No. 18.13, § 1, 12/10/13.)

Variances allow exceptions from the development standards of this chapter only when there are extraordinary circumstances applicable to the subject property (such as size, shape, topography, location or surroundings) and when the strict application of this chapter denies the subject property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted may be subject to conditions that will ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and the zoning district in which the property is situated. The power to grant variances does not extend to uses of land or buildings, nonresidential floor area ratios which are specific to the zone district or residential density regulations.

(Ord. No. 18.13, § 1, 12/10/13.)

The zoning administrator may only grant a variance from the following requirements of this chapter:

a.

Dimensional standards, including, but not limited to: distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks and structure heights; and

b.

Sign regulations.

(Ord. No. 18.13, § 1, 12/10/13.)

A variance application shall be filed in compliance with this division, with the following differences: (1) written or graphical documentation of the extraordinary circumstances that apply to the property; and (2) written or graphical documentation of what variations from zoning standards are proposed in response to these circumstances.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon receipt of a complete variance application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals).

To ensure effective implementation of general plan policies relating to design, each application for a variance involving any exterior modification shall be reviewed for the design quality of the proposed development in accordance with Section 36.44.70 (Findings) and Division 2 of this Article. The zoning administrator may approve or disapprove the variance, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 32, 1/23/24.)

Each variance application shall be analyzed to ensure that the application is consistent with the purpose and intent of this Chapter. Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based, in compliance with state law (Government Code Section 65906). These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve an application, with or without conditions, only if all of the following findings are made:

a.

That there are special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, so that the strict application of this Chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Variances are not available for personal, family, medical and financial hardships, and neighboring violations of this Article are not hardships justifying a variance;

b.

That granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the owner of the property for which the variance is sought;

c.

That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

d.

That granting the variance will not create a special right or privilege not enjoyed by other property owners in the vicinity and zoning district;

e.

That granting the variance is consistent with the general plan; and

f.

The approval of the variance complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 32, 1/23/24.)

A variance granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use(s) or structure that was the subject of the permit application provided the new owner/operator agrees in writing to all applicable conditions and operating standards prior to reopening or maintaining the use or structure(s) under the new ownership.

(Ord. No. 18.13, § 1, 12/10/13.)

Planned unit development (PUD) permits afford maximum flexibility and diversity in site planning and structure heights while protecting the integrity and character of the residential, commercial and industrial areas of the city. The design, configuration and impact of the proposed PUD project shall be compared to the general plan, the purpose and standards of the applicable zone district and any other applicable standards and design guidelines. The PUD permit provides for comprehensive analysis of project-related impacts while allowing for nontraditional or unique site plan design, provided that the zoning administrator finds substantial compliance with the purpose and intent of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The planned unit development permit applies to all zoning districts except the planned community (P) zoning district. Planned unit development permits may be requested under the following circumstances:

a.

In any "M" zoning district where the minimum project area is ten (10) acres;

b.

In any "C" zoning district where the minimum project area is two (2) acres;

c.

In any R1, R2, R3 or R4 zoning district. The following types of development may be approved through a PUD process:

1.

Flag lots in the R1 zone;

2.

Other types of development in the R1 zone which include two (2) or more lots that do not have the required frontage on a public street;

3.

Residential developments (including, but not limited to, small-lot, single-family development, townhouses and rowhouses) in the R2, R3 and R4 zones;

4.

Development projects in any R zone that meet the definition of a PUD and include deviations from setback standards of the zone district; or

5.

Senior care facility in the R1, R2, R3 and R4 zones that warrant flexibility from zoning regulations. Facilities that comply with zoning do not require a PUD.

(Ord. No. 18.13, § 1, 12/10/13.)

In addition to the application requirement of this article, applications for a PUD permit shall include drawings or other illustrations and/or written descriptions that clearly indicate any departures from the development standards of the underlying zone district, explanations regarding why those departures enhance the project and explanations of how the proposed project contributes to the harmonious development of the community. Application materials shall also include a description of how the project achieves the purpose of the underlying zone district, even with the proposed departures from the development standards of the underlying zone.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon receipt of a complete PUD permit application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter. To ensure effective implementation of general plan policies relating to design guidelines, each application for a PUD permit shall be reviewed in accordance with the zoning administrator authority and development review process in Division 2 of Article XVI of this Chapter prior to the zoning administrator reaching a final decision or recommendation. All applications shall be accompanied by an application for a subdivision as defined in Chapter 28 of the city code. The review of the PUD permit application shall involve concurrent review of the application for subdivision and disapproval or continuation of one shall constitute disapproval or continuation of the other.

For PUD permits involving fewer than five (5) lots, the zoning administrator has the authority to approve or disapprove the permit, subject to appeal to the city council. For PUD permits involving five (5) or more lots, the zoning administrator shall forward a recommendation to the city council to be scheduled for city council review concurrently with consideration of the proposed subdivision. The city council shall have final authority to approve or disapprove the PUD permit.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 33, 1/23/24.)

Each PUD permit application shall be analyzed to ensure that the application is consistent with the purpose and intent of this Chapter. Following the hearing, the zoning administrator or city council shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator or city council may impose specific development conditions relating to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts and to carry out the purpose and requirements of the respective zoning district. The zoning administrator or city council may approve a PUD permit, if all of the following findings are made:

a.

The proposed land use(s) are allowed within the subject zoning district;

b.

The site is physically suitable for the type and intensity of the land use being proposed;

c.

The proposed project would be harmonious and compatible with existing and future developments within the zoning district and surrounding area;

d.

In the case of a proposed residential project, the development will constitute a residential environment of sustained desirability and stability and will result in an intensity of land utilization no higher than, and standards of open space no less than, permitted for a similar development within the zone district;

e.

The approval of the PUD permit for proposed project complies with the California Environmental Quality Act (CEQA);

f.

The proposed project is consistent with the general plan;

g.

The location, size, design and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience or welfare of the community; and

h.

The proposed project is in substantial compliance with the intent of requirements of the applicable zone district and implementation of the proposed harmonious and integrated PUD design is superior to standard development in the underlying zone and, therefore, justifies the exceptions to the requirements of this Chapter.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 33, 1/23/24.)

Conditional use permits allow for activities and uses which are not routinely permitted within the subject zone district and need to be reviewed on a case-by-case basis to determine whether the activity or use is appropriate for a particular location, including its compatibility with existing uses. Any conditional use permit granted may be subject to conditions that will ensure that the use as proposed and conducted will be compatible with the intent of the applicable zone district and other uses in the area.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

The zoning administrator may grant a conditional use permit only for those uses specifically listed as a conditional use in the applicable zone district.

b.

Consideration of applications for a reduction of off-street parking requirements shall also follow the conditional use permit procedure (see Section 36.32.65).

c.

Uses that are listed as "provisional" in precise plans shall be evaluated by the zoning administrator, using the criteria contained in the purpose and findings requirements of this section. Provisional uses within precise plans shall be reviewed using the application and hearings and notice procedure defined within the planned community permit section (Section 36.50.30) and applicable precise plan.

(Ord. No. 18.13, § 1, 12/10/13.)

In addition to the application requirement of this article, applications for a conditional use permit shall include a detailed description of the proposed use, including information such as, but not limited to, hours of operation, estimated patronage, parking demand or other measures of the expected intensity of the use, special development design features that would buffer nearby properties from the potential impacts of the proposed use and other information about the nature of the specific use or design of the development housing the proposed use that would demonstrate the use as specifically proposed will comply with the intent of the applicable zone district and with this section.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon receipt in proper form of a complete conditional use permit application, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter.

To ensure effective implementation of general plan policies relating to design, each application for new structures or site plan modifications accompanying a conditional use permit shall be reviewed regarding the design quality of the proposed development in accordance with Division 2 (Development Review Process) of Article XVI of this Chapter.

Applications involving land use changes with no construction or site modifications shall not require development review. The zoning administrator may approve or disapprove the conditional use permit, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 34, 1/23/24.)

Each conditional use permit application shall be analyzed to ensure that the use and development is consistent with the purpose and intent of this Chapter. Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve a conditional use permit application, if all of the following findings are made:

a.

The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this Chapter;

b.

The proposed use is consistent with the general plan;

c.

The approval of the conditional use permit for the proposed use complies with the California Environmental Quality Act (CEQA);

d.

The location, size, design and operating characteristics of the proposed use are compatible with the site and building character and environmental conditions of existing and future land uses in the vicinity; and

e.

Any special structure or building modifications necessary to contain the proposed use would not impair the architectural integrity and character of the zoning district in which it is to be located.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 34, 1/23/24.)

A conditional use permit granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use(s) or structure that was the subject of the permit application provided the new owner/operator agrees in writing to all applicable conditions and operating standards prior to reopening or maintaining the use under the new ownership. The zoning administrator may approve minor changes to required conditions and operating standards of an approved conditional use permit.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

The zoning administrator may approve a nondiscretionary conditional use permit for safe parking uses. A nondiscretionary conditional use permit shall evaluate the uses based on the standards listed in Sec. 36.28.20 and Sec. 36.30.100 and shall be issued if the zoning administrator determines that the proposed use complies with the standards subject to the findings listed in Sec. 36.48.25.

b.

Public noticing for nondiscretionary conditional use permits shall require a mailed public notice to all property owners and tenants within seven hundred fifty (750) feet of the site a minimum of fourteen (14) days prior to the date of zoning administrator's decision on the permit. No public hearing shall be held unless requested in writing by the applicant or other affected person prior to a decision on the permit.

(Ord. No. 16.19, § 6, 10/22/19; Ord. No. 7.20, § 6, 6/23/20.)

Mobile home park permits (MHPP) provide development and use review for projects within the mobile home park district and other residential zones where mobile home parks are an allowed use, as identified in the applicable land use table in this Chapter, to ensure new uses, structures or mobile home sites will be compatible with the rest of any existing mobile home park, the provisions of this Chapter and with the surrounding uses and structures.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

Mobile home park permits are required for development of any new or modified use, addition of new mobile home units not provided for in existing mobile home park permits, modification of the existing approved site plan or the expansion of the boundaries of a mobile home park within the mobile home park district and other residential zones where mobile home parks are an allowed use as identified in the applicable land use table in this Chapter.

Construction of one (1) single-family dwelling unit or one (1) duplex dwelling, establishment or modification of crop and tree farming or modification to common area buildings or recreation facilities shall only require development review in accordance with Section 36.44.45.

Approval by the chief building official shall be required for additions or alterations to any individual mobile home lot provided such modifications do not affect the mixture of single- and double-wide mobile home units within the mobile home park in such a way as to affect the allowed density of units within the park.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

In addition to the application requirements of this Article, the following information shall be included:

a.

A scaled and dimensioned park development plan indicating: proposed size and location of all common recreation areas, buildings and all mobile home lots/spaces; the proposed location of all public and private roadways, driveways, walkways and other elements of internal and external circulation; proposed use and materials for all other areas to be landscaped, paved or otherwise treated; lighting plans; and location of all fire hydrants or wharves. The park development plan must also show all existing structures and uses within thirty (30) feet of the exterior boundaries of the mobile home park.

b.

Dimensioned elevations of all common buildings identified in the park development plan and of all permanent fences, walls and signs, including indication of colors and materials.

c.

Description of use restrictions or other controls as needed to comply with the density and mobile home unit size restrictions of the RMH District or other underlying zoning district.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

Upon receipt in proper form of a complete mobile home park permit application, the zoning administrator shall hold a duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals).

To ensure effective implementation of general plan policies relating to design, each application for new or modified permanent structures or site features shall be reviewed regarding the design quality of the proposed development in accordance with Division 2 (Development Review Process) of Article XVI of this Chapter.

The zoning administrator may approve or disapprove the mobile home park permit, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve a mobile home park permit if all of the following findings are made:

a.

The proposed mobile home park development complies with all of the applicable provisions of this Chapter, the general plan and any applicable design guidelines;

b.

The location and design of structures, parking, landscaping, common area buildings and recreation spaces, and vehicular and pedestrian access are appropriately integrated and compatible with the site and building character of the existing and potential future development surrounding the project, including public streets and sidewalks;

c.

The proposed development will not be detrimental to the public interest, health, safety, convenience or welfare;

d.

The establishment, maintenance and operation of the mobile home park will create a long-term, quality residential environment; and

e.

The approval of the mobile home park permit complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 35, 1/23/24.)

(Ord. No. 2.21, § 3, 3/9/21.)

This section provides incentives for the development of housing that is affordable to the types of households and qualifying residents identified below. The incentives include the ability to construct more residential dwelling units than the maximum residential density permitted by the applicable zoning and general plan designations and other incentives provided by this section. State Density Bonus Law will be implemented, as required by Government Code Section 65915(a).

(Ord. No. 2.21, § 3, 3/9/21.)

The definitions found in the State Density Bonus Law shall apply to the terms contained in this division, with the clarifications and additions shown below.

a.

Affordable units. The proposed housing units available for rent or sale to households with income levels of extremely low, very low, low or moderate income, the percentage of which establishes allowable density bonus.

b.

Base units. The total number of units in a project, not including units added by a density bonus awarded pursuant to this division.

c.

Bonus FAR. Gross floor area allowed through a discretionary process prescribed through zoning or precise plans, also called "density or intensity tiers" in some precise plans.

d.

Development standard. A site or construction condition other than a maximum control on density, including, but not limited to, a height limitation, a setback requirement, a floor area ratio (except in zones where floor area ratio defines the maximum allowable residential density pursuant to paragraph h. of this section), an on-site open-space requirement or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter or other local condition, law, policy, resolution or regulation.

e.

Housing development. A development project of five (5) or more residential units, including mixed-use developments. Also includes a subdivision or common-interest development, as defined in Civil Code Sec. 1351, approved by the city and that consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multi-family dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.

f.

Incentives/concessions. A reduction in local regulatory or development standards that results in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents as defined in State Density Bonus Law.

g.

Maximum allowable residential density. The maximum allowable residential density applicable to the project under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density of that range. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. For general plan land use and zoning designations with a defined dwelling units per acre standard, such standard shall define the maximum allowable residential density. For general plan land use and zoning designations without a defined dwelling units per acre standard, or for residential uses that are not "dwelling units" as defined in Sec. 36.60.11, the maximum floor area ratio shall define the maximum allowable residential density.

h.

Maximum floor area ratio. The density defined by reference to floor area ratio authorized through the city's general plan, zoning or precise plan designations.

i.

Project units. All of the units in the project, including base units, affordable units and units in addition to base density granted through density bonus.

j.

Specific adverse impact. A significant, quantifiable, direct and unavoidable impact, based on objective, and identified, written public health or safety standards, policies or conditions as they existed on the date that the application for the housing development was deemed complete or the date that a preliminary application that satisfies the requirements of Government Code Section 65941.1 was submitted.

k.

State Density Bonus Law. State of California Government Code Section 65915, et seq.

l.

Waivers. A waiver or reduction in development standards that would physically preclude the construction of a development at the density or with the incentives/concessions permitted by this division.

(Ord. No. 2.21, § 3, 3/9/21.)

a.

Lesser density bonus. The applicant may elect to accept a lesser percentage of density bonus or none at all.

b.

Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number.

c.

No legislative act, discretionary approval or study. In and of itself, the granting of a density bonus or incentive/concession shall not require a general plan amendment, zoning change, study or other discretionary approval; however, as used in this section, "study" does not include reasonable documentation necessary to establish a housing development's eligibility for a density bonus, incentives/concessions, waivers or parking reductions required pursuant to Sec. 36.48.90.

d.

Contiguous project sites. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one (1) development application but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in any geographic area of the housing development, including areas other than where the affordable units are located.

e.

Equal distribution and design of affordable units. Affordable units qualifying for a density bonus shall be dispersed throughout the housing development and compatible with the design of market-rate units in terms of appearance, materials and finished quality. For developments with multiple market-rate units containing different numbers of bedrooms, affordable units qualifying for a density bonus shall be representative of the market-rate mix. This paragraph does not apply to projects donating land to qualify for a density bonus.

f.

Limitations to waivers and incentives/concessions. Nothing in this division shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property listed in the California Register of Historical Resources; to grant any waiver or reduction that would be contrary to state or federal law; or to waive or reduce development standards that would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower- and moderate-income households.

g.

Other density bonuses. The city, at its sole discretion, may grant a proportionately lower density bonus than what is required in the State Density Bonus Law for developments that do not provide a sufficient number of affordable units to be eligible for a density bonus pursuant to Sec. 36.48.80.

h.

Direct financial incentives. Nothing in this division requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

i.

Number of incentives/concessions. The number of incentives/concessions that may be requested shall be based upon the number the applicant is entitled to pursuant to Government Code Section 65915(d)(2).

j.

Calculation of base units. Base density will be calculated as follows:

1.

Where dwelling units per acre is the density standard, the base units equal the maximum allowable residential density or the project units, whichever is smaller.

2.

Where floor area ratio is the density standard, the base units are proportional to the number of project units and maximum allowable residential floor area, with the same ratio of project units to residential floor area, calculated as follows:

If the project residential gross floor area is less than the maximum allowable residential gross floor area, the base units equal the project units.

3.

Where bonus FAR is less than or equal to the maximum allowable residential density in the general plan, the bonus FAR may be combined with a state density bonus. The base units are calculated as set forth in paragraph 2. of this subsection, provided that the maximum floor area ratio may include the bonus FAR if the project otherwise qualifies for bonus FAR.

4.

Where bonus FAR is greater than the maximum allowable residential density in the general plan, the bonus FAR cannot be combined with a state density bonus. The base units are calculated as set forth in paragraph 2. of this subsection, provided that the maximum floor area ratio shall not include any bonus FAR. See subsection 36.48.80 c.

k.

Administrative guidelines. The community development director shall have the authority to prepare, adopt and periodically update administrative guidelines consistent with this division and State Density Bonus Law.

l.

Replacement of existing units. For housing developments that are required under other laws or ordinances to replace existing residential units, those replacement units can qualify a project for a density bonus as long as minimum eligibility requirements are met as defined in Sec. 36.48.80.

(Ord. No. 2.21, § 3, 3/9/21.)

a.

Eligibility. The city shall grant one (1) density bonus, the amount of which shall be as specified below, provide incentives/concessions, waive development standards and apply no more than the parking maximums as described in State Density Bonus Law when an applicant proposes to construct a housing development with five (5) or more base units, containing at least one (1) of the following:

1.

Very low-income units. Five (5) percent of the base units of a housing development for very low-income households, as defined in Health and Safety Code Section 50105.

2.

Lower-income units. Ten (10) percent of the base units of a housing development for lower-income households, as defined in Health and Safety Code Section 50079.5.

3.

Moderate-income. Ten (10) percent of the base units in a common-interest development as defined in Civil Code Sec. 1351 for persons and families of moderate income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase.

4.

Senior housing units. A housing development for senior citizens that has at least thirty-five (35) dwelling units, as defined in Sec. 51.3 and Sec. 51.12 of the City Code, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Sec. 798.76 or Sec. 799.5 of the City Code.

5.

Other housing developments. Section 65915(b) of the State Density Bonus Law makes other housing developments eligible for specific density bonuses, including housing developments with units intended to serve transitional foster youth, disabled veterans or homeless persons; student housing developments with units for lower-income students; or housing developments with one hundred (100) percent of the project units for lower-income households, except the manager's unit or units and except that up to twenty (20) percent of the project units may be affordable for moderate-income households.

b.

State density bonus. The amount of density increase above the otherwise maximum allowable residential density to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in paragraph a., pursuant to formulas and tables in Section 65915(f) of the State Density Bonus Law.

c.

Bonus FAR. Where bonus FAR allows densities that are greater than the maximum allowable residential density in the general plan, a project may qualify for either a density bonus under the State Density Bonus Law or under the bonus FAR program established in the applicable zoning or precise plan, and an applicant may elect to apply for either bonus program for which its project qualifies, but not both. The city's approval of additional density under the bonus FAR program as an alternative to the State Density Bonus Law shall not be interpreted to require the city to allow a state density bonus or incentives/concessions, waivers or parking reductions required by the State Density Bonus Law.

d.

NOFA projects. Pursuant to Section 65915(n) of the State Density Bonus Law, one hundred (100) percent affordable developments that receive authorization (and reservation of funding allocation) through the notice of funding availability (NOFA) process are eligible for density increases greater than those prescribed by State Density Bonus Law, if they meet the requirements thereof.

(Ord. No. 2.21, § 3, 3/9/21.)

Any applicant requesting a density bonus and any incentive/concession(s), waiver(s) or parking reductions is required to maintain affordability in compliance with the following:

a.

Rental units. An applicant shall agree to continued affordability of all units that qualified the applicant for the award of the density bonus for at least fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program or compliance with the below-market-rate housing program. Rents for the affordable density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.

b.

For-sale units. An applicant shall agree that the initial occupants of all for-sale units are persons and families of very low, low, or moderate income, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5. For-sale units shall be subject to recorded restrictions that ensure that the affordable units are resold at an affordable price to very low-, low-, or moderate-income households, as applicable, and such restrictions shall be maintained in perpetuity.

1.

Lower-income for-sale units. For very low- and low-income ownership units, developers shall set aside a reserve and the reserve shall be described in the CC&Rs to cover future special assessments and increases in HOA dues for those households, such that the total annual housing cost will not exceed thirty (30) percent of the household's annual income for the unit for the life of the unit. The community development director or designee may establish standards for calculating the amount of the reserve.

c.

Agreements. An agreement pursuant to this section shall be approved as to form by the city attorney and shall be recorded against the housing development project prior to final map or parcel map approval, or, where a map is not being processed, prior to issuance of any building permit for the housing development. The agreement shall include, but not be limited to, the following:

1.

The total number of units approved for the housing development; the number, location and level of affordability of target units and the number of density bonus units.

2.

Standards for determining affordable rent or ownership cost for target units.

3.

The location, unit size in square feet and number of bedrooms of target units.

4.

Provisions as required by this section to ensure continued affordability.

5.

A schedule for completion and occupancy of target units in relation to construction of market-rate units.

6.

A description of any incentive/concession, waiver or reduction of development standard or modification of parking standard being provided by the city.

7.

A description of remedies for breach by either party and the identification of any third-party beneficiary or beneficiaries eligible to enforce a breach by the applicant.

8.

In the case of rental housing, procedures for filling vacancies, provisions requiring maintenance of records to demonstrate compliance with this division and the developer's agreement that restrictions on rents are consistent with the Costa-Hawkins Act (Civil Code Section 1954.51, et seq.).

9.

Procedures for verifying household incomes.

10.

Financing of ongoing administrative and monitoring costs.

11.

Other provisions as necessary or convenient to ensure implementation and compliance with this division.

(Ord. No. 2.21, § 3, 3/9/21.)

Any applicant requesting a density bonus and any incentive/concession(s), waiver(s) or parking reductions shall submit reasonable documentation as described below.

a.

Project summary table. A summary table showing the maximum allowable density permitted by the zoning and general plan designations excluding any density bonus; base units; proposed affordable units by income level; proposed bonus percentage; project units; residential gross floor area and total gross floor area proposed on the site; resulting density in units per acre or floor area ratio, depending on the density definition for the land use designation and zoning applicable to the housing development site; proposed parking stalls; and unit bedroom counts and unit types for the purpose of calculating parking requirements.

b.

Site plan. A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units.

c.

Site description. The zoning and general plan designations, assessor's parcel number(s) of the housing development site and, if reduced parking is requested on the basis of location, the distance to the nearest major transit stop, as defined in Section 21155 of the Public Resources Code.

d.

Replacement determination. To determine whether the project is subject to replacement requirements as described in Government Code Section 65915(c)(3), provided the following.

1.

The total number of dwelling units existing on the site in the five (5) year period preceding the date of submittal of the application.

2.

The total number of bedrooms in each dwelling unit existing on the site in the five (5) year period preceding the date of submittal of the application.

3.

The total number of dwelling units that are or were subject to a recorded covenant, ordinance or law applicable to the site that restricted rents to levels affordable to very-low- or lower-income households, including, but not limited to the Community Stabilization and Fair Rent Act in the five (5) year period preceding the date of submittal of the application.

4.

The total number of occupied dwelling units and the income and household size of all residents of currently occupied units or a statement from the applicant that such information is unknown.

5.

The total number of vacant dwelling units on the site and the income and household size of the prior residents occupying those dwelling units when the site contained the maximum number of dwelling units or a statement from the applicant that such information is unknown.

e.

Land donation. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.

f.

Child care. If the density bonus or incentive/concession is based all or in part on the inclusion of a child-care facility, a written summary addressing the eligibility requirements as described in Government Code Section 65915(h) have been met.

g.

Condominium conversion. If the density bonus or incentive/concession is based all or in part on the inclusion of affordable units as part of a condominium conversion, written summary addressing the eligibility requirements as described in Government Code Section 65915.5 have been met.

h.

Waivers. If waivers or reductions of development standards are requested, the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

1.

The city's usual development standard and the requested development standard waiver.

2.

Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the incentive/concession permitted by Government Code Section 65915 and the waiver is no greater than necessary to reasonably accommodate the construction of such a development.

i.

Incentives/concessions. If incentives/concessions are requested, the following information for each incentive/concession:

1.

The number of incentives/concessions the applicant is eligible for pursuant to State Density Bonus Law.

2.

The city's usual development standard or other regulatory standard and the requested incentive/concession.

3.

Reasonable documentation that the incentive/concession will result in identifiable and actual cost reductions.

4.

Reasonable documentation that the amount of cost reduction is used to provide the affordable units at affordable house costs or affordable rents.

(Ord. No. 2.21, § 3, 3/9/21.)

a.

An application for a density bonus shall be approved pursuant to the State Density Bonus Law if the following findings are met, in addition to the required findings of other permits as part of the project. Finding 1 is required for all density bonus applications, while Findings 2, 3, 4 and 5 are only required if the density bonus request includes bonus density, reduced parking, incentives/concessions or waivers, respectively.

1.

The project is a housing development that contains at least one (1) of the features described in Section 65915(b) of the State Density Bonus Law to qualify for a density bonus and all other eligibility requirements as described in Government Code Section 65915(c), such as replacement of existing units, have been met;

2.

If bonus density is requested, the project has provided sufficient affordable units or otherwise meets the eligibility requirements for the bonus as described in Section 65915(f) of the State Density Bonus Law;

3.

If reduced parking ratios are requested, the project meets the eligibility requirements thereof as described in Section 65915(p) of the State Density Bonus Law;

4.

If incentives/concessions are requested, the project meets the eligibility requirements as described in Section 65915(d) of the State Density Bonus Law and the incentive/concession results in reduced costs to provide the affordable units; and

5.

If waivers are requested, the development standards requested to be waived would physically preclude the units or incentives/concessions provided in the project as described in Section 65915(e) of the State Density Bonus Law.

b.

A state density bonus, or any waivers or incentives/concessions thereof, may be denied only pursuant to the findings of denial in paragraphs (d)(1), (e)(1) or (p)(8) of Section 65915 of the State Density Bonus Law.

(Ord. No. 2.21, § 3, 3/9/21.)

A special design permit provides development review for properties within the special design (SD) combining district. It allows flexibility in development and design standards to address the unique environmental or property factors affecting sites located near major transportation routes, or other environmental hazards. The special design permit process mandates that environmental factors or property configuration or location constraints specifically identified at the time of SD zoning be addressed in any project design.

(Ord. No. 18.13, § 1, 12/10/13.)

A special design permit shall be required for new land uses, new structures, and modifications within a special design combining district. A special design permit may also be required for renovations and other improvements that may otherwise be exempt by this chapter, subject to the standards adopted by the special design combining district.

(Ord. No. 18.13, § 1, 12/10/13.)

In addition to the application requirements of this article, additional information on specific site and building design features, including identification of any variation from the development standards of the underlying base zone district and how those variations respond to the environmental or site constraints identified as part of the rezoning to the special design district shall be included by the applicant.

An application for a special design permit may be considered concurrently with, or subsequent to, consideration of rezoning to the special design combining district.

(Ord. No. 18.13, § 1, 12/10/13.)

A special design permit shall be reviewed and approved in accordance with the development review process (see Section 36.44.45). For applications for a special design permit submitted in combination with other development permits, which require higher levels of review such as variances, conditional use permits and subdivisions, the special design permit shall involve concurrent review of the application with other permits and disapproval or continuation of one shall constitute disapproval or continuation of the other.

(Ord. No. 18.13, § 1, 12/10/13.)

Each special design permit shall be reviewed by the zoning administrator to ensure the project design is consistent with the purposes of the special design district, with this section and with the objective of responding to the specified environmental or other design constraints through creative and flexible project design. Following the hearing, the zoning administrator shall issue written findings upon which the decision is based. These findings shall be mailed to the applicant and property owner. The zoning administrator may impose specific development conditions relating to both on- and off-site improvements that are necessary to mitigate site- and project-related adverse impacts, and to carry out the purpose and requirements of the underlying zoning district and the special design combining district. The zoning administrator may approve a special design permit, if all of the following findings are made:

a.

The proposed land use(s) are allowed within the subject zoning district.

b.

The proposed project is in substantial compliance with the requirements of the applicable zone district and would be harmonious and compatible with existing and future developments within the zoning district and surrounding area;

c.

The proposed project, including any special design features to respond to the site constraints listed in Section 36.26.85 (SD district) which were identified at the time of zoning to the SD district, and implementation of a harmonious and integrated plan, justifies any necessary exceptions to the requirements of this chapter;

d.

The approval of the special design permit complies with the California Environmental Quality Act (CEQA);

e.

The proposed project is consistent with the general plan; and

f.

The location, size, design and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience or welfare of the community.

(Ord. No. 18.13, § 1, 12/10/13.)

The planned community (PC) permit allows new construction, redevelopment or changes of use within the planned community district that comply with the special land use and project development standards of the applicable precise plan or that were specified at the time of rezoning to or amendment of the P district.

The planned community permit process provides the opportunity for applicants to propose creative, innovative developments within a context of defined community goals and objectives and a basic development envelope established by a precise plan, and also allowing for variations from the standards while protecting the integrity and character of the precise plan area. The PC permit provides for a comprehensive analysis of project-related impacts and careful public review of such developments while allowing for creativity and flexibility provided that the proposals are consistent with community objectives and in substantial compliance with the applicable precise plan.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 7.20, § 7, 6/23/20.)

a.

A planned community permit shall be required within a planned community district prior to:

1.

Any new development or redevelopment; or

2.

Establishment of any use listed as "provisional" within the applicable precise plan; or

3.

Any development or addition to an existing development that varies from the development standards of the applicable precise plan. A planned community permit may be granted by either the zoning administrator or the city council.

b.

Minor alterations to the exterior of an existing building, signs and minor alterations to paved or landscaped areas that are consistent with the existing development of the property and of surrounding properties may be approved or disapproved by the zoning administrator through the development review process.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 7.20, § 8, 6/23/20.)

In addition to the application requirements of this article, the following additional information shall be included:

a.

If the application covers several separate properties being submitted as one "project" (if allowed in the applicable precise plan), then separate legal descriptions of each property shall be required together with written authorization from each property owner acknowledging their understanding that their property may be legally linked with all other properties within the project for the purposes of the application and future development and use;

b.

A checklist or other documentation of the requirements of the applicable precise plan demonstrating how the proposed project complies with those requirements. If any minor variations or exceptions from the precise plan requirements are proposed, the applicant must submit material providing justification for such variation or exception and demonstrating that the project as a whole complies with the stated purpose and goals of the precise plan and the general plan;

c.

For large or complex proposals, architectural models, perspective sketches or other illustrations of the three-dimensional building design; and

d.

Other information as may be required by the zoning administrator to illustrate the appearance of the proposed development, compliance with the goals, objectives and development standards of the applicable precise plan, and compatibility of the proposed development with the surrounding community.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Hearings and notices. Upon receipt of a complete planned community permit application, the zoning administrator shall determine the appropriate level of permit review based on the project proposal and the following criteria:

1.

Within a planned community zone which does not have an adopted precise plan, the following levels of project review shall apply:

(a)

For any application for new development or redevelopment, for any increase in use intensity or for any addition of floor area exceeding two thousand (2,000) square feet, the zoning administrator shall hold a duly noticed public hearing in compliance with Section 36.56 (Applications, Hearings and Appeals). The zoning administrator shall review the proposal for general compatibility with the surrounding development, with general principles of good architectural and site design and with the goals and objectives of the general plan, and according to Section 36.50.55 (Findings) and Division 2 (Development Review Process) of this Article XVI of this Chapter. After conducting a public hearing, the zoning administrator shall forward a written recommendation on the proposed development or use to the city council. Following such zoning administrator decision, the city council shall hold a duly noticed public hearing. The city council may approve or disapprove the application.

(b)

For applications for change of use to another use of the same nature and intensity as the existing approved use; for minor site changes and building alterations such as minor additions not exceeding a cumulative two thousand (2,000) square feet in floor area, changes to building materials or facade details or minor changes to the configuration of parking or landscaping; or for signs or sign programs that are consistent with the sign provisions that would be normally applied to the type of use or development of the site, the zoning administrator may act through the development review process to approve or deny the application, subject to appeal to the city council.

2.

For applications within the area covered by an existing precise plan, the following levels of project review shall apply:

(a)

For new developments, redevelopment of developed sites or adoption of a master plan, if required by the applicable precise plan, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter. Following such hearing, the zoning administrator shall forward a written recommendation to the city council, which shall hold a duly noticed public hearing. The city council may approve or disapprove the application.

(b)

After city council approval of the underlying development and/or master plan, the zoning administrator, after a duly noticed public hearing, may approve or disapprove any of the following: (1) provisional uses listed within the applicable precise plan; (2) building expansions and modifications that are consistent with the development standards of the applicable precise plan or the approved master plan for the project area; and (3) establishment of individual signs or sign programs. The decisions of the zoning administrator may be appealed to the city council.

(c)

The zoning administrator may act through the development review process on the approval of minor sign program changes or of specific signs; of minor site changes and building alterations, such as building material changes or minor changes to the configuration of parking or landscape areas; and changes in use to another use listed as permitted in that applicable precise plan, subject to appeal to the city council.

Any substantial amendment to the plan proposed to be adopted by the city council may be referred back to the zoning administrator for review and subsequent recommendation to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 36, 1/23/24.)

Following a public hearing, the zoning administrator shall issue written findings or forward a recommendation to the city council with the findings upon which the recommendation is based. These written findings shall be emailed or mailed to the applicant and property owners. The zoning administrator may approve, or recommend for approval, a planned community permit if all the following findings are made:

a.

The proposed use or development is consistent with the provisions of the applicable precise plan; or, if no precise plan exists for the subject area, the proposal clearly demonstrates superior site and building design and compatibility with surrounding uses and developments; or if variations from requirements in the applicable precise plan are granted, the proposal clearly demonstrates superior site and building design and is in substantial compliance with the intent of the requirements in the applicable precise plan;

b.

The proposed use or development is consistent with the general plan;

c.

The proposed uses and development will not be detrimental to the public interest, health, safety, convenience or welfare;

d.

The proposed project promotes a well-designed development that is harmonious with existing and planned development in the surrounding area; and

e.

The proposed project complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 7.20, § 9, 6/23/20; Ord. No. 01.2024, § 36, 1/23/24.)

This section sets forth the procedure for adopting, amending and implementing precise plans. Precise plans are a legislative tool for coordinating future public and private improvements on specific properties where special conditions of size, shape, land ownership or existing or desired development require particular attention. The adoption or amendment of precise plans implement specific design and development objectives utilizing land use policies and development standards tailored to fit the unique opportunities and challenges of the precise plan area. In the land use hierarchy, precise plans are above zoning district and below the general plan.

(Ord. No. 18.13, § 1, 12/10/13.)

Precise plans constitute the land use and property development standards and guidelines for property within the planned community (P) zoning district. Current implementation of this chapter provides that a precise plan be adopted at the time of any rezoning of property to the P zoning district. New precise plans and planned community zoning are appropriate only when there are special conditions of property configuration, ownership or location or when special land uses or developments are desired that may not conform to the land use or development provisions of a standard zoning district. Applications to adopt or amend a precise plan shall first be submitted to the city council for determination of the appropriate timing of review of such applications. Applications needed to accommodate a housing proposal where a majority of the units will be affordable to households earning less than the median income by household size for Santa Clara County shall be exempt from this requirement. In conjunction with this submittal for city council determination of the timing of review of such application, information about the potential fiscal impact of the proposed land use or development change allowed by the proposed precise plan or precise plan amendment shall also be required.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

A new precise plan or amendment to an existing precise plan may be initiated by the community development director, environmental planning commission, city council or by the owner, or authorized agent of the owner, of property within the proposed precise plan (and planned community zoning district) or existing precise plan area. In addition to the application requirements of this division, an application to amend or adopt a precise plan shall include the following documents and information.

1.

The proposed text and diagram(s), which contain all of the provisions outlined in Section 36.50.85 (Content of Precise Plans), in addition to all data and related exhibits required by the city.

2.

A statement describing the characteristics or circumstances of the project area believed by the applicant to require the adoption or amendment of the plan as proposed.

3.

All information required by City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

b.

For applications for a new precise plan or amendment of an existing precise plan submitted by the owner, or authorized agent of the owner, of property within the proposed or existing precise plan area, the application shall first be forwarded to the city council for determination of whether submission of a formal planning application shall be authorized and, if so authorized, the timing of review of the application. The city council's review shall be in accordance with Section 36.50.90 (Authorization Hearing and Action) and City Council Policy G-9 (Gatekeeper Application Policy and Procedures). The applicant shall submit all materials required for the application as provided in City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 10.2025, § 2, 10/28/25.)

A precise plan must contain a statement of the goals and objectives of the plan, noting the unique features of the area or the allowed development that distinguish the area from a standard zone district area. The plan may include goals and objectives from the general plan, economic development plan, neighborhood improvement plans and other planning documents prepared or implemented by the city. A precise plan must contain land use policies and development criteria necessary to implement the goals and objectives. These items specify allowed uses, intensity of use, relationship to neighboring properties, parking and circulation, signs, special design standards and procedures for development review. The land use policies and development standards of precise plans may be written in flexible terms, placing proper importance on the achievement of goals and objectives over compliance with rigid development standards.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Upon receipt of an application for a new precise plan or amendment of an existing precise plan, the city council shall schedule an authorization hearing for consideration of the application consistent with City Council Policy G-9 (Gatekeeper Application Policy and Procedures). The authorization hearing shall be noticed in accordance with Sec. 36.56.20 (Notice of Hearing).

b.

A precise plan shall be prepared, adopted and amended in the same manner as a zoning map amendment, except that a precise plan may be adopted or amended by resolution. A precise plan may be amended as often as deemed necessary by the city council. All precise plans shall be reviewed against current community development goals and policies every five (5) years, at years ending in "5" or "10." This review shall be scheduled for consideration over the course of the year before the environmental planning commission, which shall recommend to the council initiation of amendment of individual precise plans as deemed appropriate. The council shall consider the environmental planning commission's recommendations and shall have final authority to initiate a precise plan amendment based on this review.

Upon receipt of a complete application to introduce or amend a precise plan, or upon initiation by the community development director, commission or council, and following department review, duly noticed public hearings shall be scheduled before the commission and council in accordance with Section 36.56 (Applications, Hearings and Appeals).

At the conclusion of its public hearing, the commission shall make a written recommendation to the council on whether to approve, approve in modified form or disapprove the proposed precise plan or amendment, based upon the findings required by this Article.

Upon receipt of the commission's recommendation, the council may approve, approve in modified form or disapprove the proposed precise plan. Any substantial amendment to the plan proposed by the council may be referred back to the commission for review and subsequent recommendation to the council.

c.

Once a project is authorized to apply by the city council pursuant to this Section, the following actions shall require the project to return to the city council for reauthorization consistent with the application submittal requirements and hearing procedures of this Code and City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

1.

Change in ownership of project parcel(s). If a parcel included within the project site of the precise plan authorized application changes ownership prior to submittal of a formal planning application.

2.

Expiration. A formal planning application for the project has not been submitted to the planning division within one (1) year of city council authorization. This one (1) year period shall not begin until after any submittal deferral required by the council.

3.

Change in project. Substantial changes to the project as determined by the community development director to be a deviation of ten (10) percent or more from the original project authorized, including, but not limited, to the number of units, land use type, square footage or community benefits.

Any application not authorized by the city council to proceed to the formal planning application stage shall be subject to any limitation on resubmission of a substantially similar project for authorization provided in City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 10.2025, § 3, 10/28/25.)

Editor's note— Ord. No. 10.2025, § 3, adopted Oct. 28, 2025, amended the title of § 36.50.950 to read as herein set out. The former § 36.50.950 title pertained to hearings and action.

Adoption or amendment of a precise plan may be recommended by the environmental planning commission for approval only if all of the following findings can be made:

a.

The proposed plan is consistent with the general plan;

b.

The property covered by the proposed precise plan or precise plan amendment is within the planned community (PC) district.

c.

The proposed plan would not be detrimental to the public interest, health, safety, convenience or welfare of the community;

d.

The proposed plan promotes development of desirable character, harmonious with existing and proposed development in the surrounding area;

e.

The site has special conditions of size, shape, land ownership, existing development or development opportunities that can only be addressed by approval of the proposed precise plan or amendment; and

f.

The approval of the proposed plan complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13.)

The following provisions allow for the amendment of the general plan whenever required by public necessity and general welfare. A general plan amendment may include revisions to text, goals, policies, actions or land use or circulation system designations.

(Ord. No. 18.13, § 1, 12/10/13.)

The general plan covers the incorporated area of Mountain View and unincorporated areas that are within the city's defined "sphere of influence," which is the outer boundaries of future incorporation to the city. Applications to adopt or amend the general plan shall first be submitted to the city council for determination of the appropriate timing of review of such applications.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 10, 4/24/18.)

a.

Amendment of the general plan text or land use map category may be initiated by the director, commission or council.

b.

An application to amend the text of the general plan may be initiated by any interested party residing in, owning property or doing business in the city.

c.

Unless initiated in accordance with subsection 36.52.15.a., an application to amend the land use map category on a specific property may be made only by the property owners or the authorized agent of the affected property(ies).

d.

For applications for a general plan text or map amendment submitted by a property owner, person doing business in or resident of Mountain View, the application shall first be forwarded to the city council to authorize staff review in accordance with this Section.

e.

General plan amendments that meet the requirements set forth in City Council Policy G-9 (Gatekeeper Application Policy and Procedures) shall be subject to a streamlined review process that is exempt from the authorization hearing requirement.

f.

Applications for authorization by the city council shall submit all information specified in City Council Policy G-9 (Gatekeeper Application Policy and Procedures) as well as the following information and documents.

1.

Project letter. A letter requesting city council authorization to proceed with the review that includes all of the following information.

(a)

A summary of the proposed project, specifying its type (e.g., residential, commercial, industrial, mixed use), size and location.

(b)

Information about how the application aligns with, advances or supports established City Council goals, objectives or priorities or other community needs as described in City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

(c)

Information about the subject property's current general plan land use designation, zoning classification and existing land use of the property, along with an analysis of surrounding land uses and designations.

(d)

Information about the general plan amendment requested, including its scope and implications, and the necessity for the amendment to enable the proposed project.

(e)

Information about the application's consistency with established city council goals, priorities and objectives as well as its potential to address broader community needs.

(f)

Information about the potential fiscal impact of the proposed general plan amendment, including any measures proposed by the applicants to offset any adverse fiscal impacts.

(g)

Any other information necessary to demonstrate consistency with City Council Policy G-9 (Gatekeeper Application Policy and Procedures) or that the applicant feels pertains to the council's review of the request.

2.

Plans. A set of plans which include:

(a)

Site plan;

(b)

Elevations; and

(c)

Conceptual renderings.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 11, 4/24/18; Ord. No. 14.18, § 1, 11/27/18; Ord. No. 10.2025, § 4, 10/28/25.)

a.

Upon receipt of a general plan text or map amendment application, the city council shall schedule an authorization hearing for consideration of the application consistent with City Council Policy G-9 (Gatekeeper Application Policy and Procedures). The authorization hearing shall be noticed in accordance with Sec. 36.56.20 (Notice of Hearing).

b.

Once a project is authorized to apply by city council pursuant to this Section, the following actions shall require the project to return before the city council for reauthorization consistent with the application submittal requirements and hearing procedures of this Chapter and City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

1.

Change in ownership of project parcel(s). If a parcel included within the project site of a general plan text or map amendment authorized application changes ownership prior to submittal of a formal planning application.

2.

Expiration. A formal planning application for the project has not been submitted to the planning division within one (1) year of city council authorization. This one (1) year period shall not begin until after any submittal deferral required by the council.

3.

Change in project. Substantial changes to the project as determined by the community development director to be a deviation of ten (10) percent or more from the original project authorized, including, but not limited to, the number of units, land use type, square footage or community benefits.

Any application not authorized by the city council to proceed to the formal planning application stage shall be subject to any limitation on resubmission of a substantially similar project for authorization that is provided in City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

(Ord. No. 5.18, § 12, 4/24/18; Ord. No. 10.2025, § 4, 10/28/25.)

Editor's note— ; Ord. No. 10.2025, § 4, adopted Oct. 28, 2025, amended the title of § 36.52.20 to read as herein set out. The former § 36.52.20 title pertained to authorization hearing.

Upon receipt of a complete application to amend the general plan, or upon initiation by the director, commission or council, and following department review, a duly noticed public hearing shall be scheduled before the commission and council in compliance with Sec. 36.56 (Applications, Hearings and Appeals).

At the conclusion of its public hearing, the commission shall make a written recommendation to the council on whether to approve, approve in modified form or disapprove a new or amended general plan based upon the findings required by this article and include its reasons supporting the recommendation, if appropriate. Prior to the item being forwarded to council, the community development director may withdraw a staff-initiated amendment, or an applicant may withdraw their application from further consideration. The commission, by majority vote, may withdraw a commission-initiated amendment.

Recommendations on amendments that do not require environmental impact reports (EIR) shall be forwarded to the council within ninety (90) days of the public hearing, including any date-specific continuations of the public hearing, unless an extension is agreed to by the applicant. For amendments requiring an EIR, the environmental planning commission's recommendation on the draft EIR and on the proposed amendment shall be forwarded to the council within ninety (90) days of the commission's receipt of the responses to comments on the draft EIR, unless an extension is agreed to by the applicant. If no recommendation is made within this time period, it shall be considered a recommendation for disapproval, which shall be forwarded to the council.

Upon receipt of the commission's recommendation at a public hearing, the council shall, within sixty (60) days, approve, approve in modified form or disapprove the proposed amendment, unless an extension is agreed to by the applicant. No action within this time period shall constitute disapproval of the proposed amendment.

If the council proposes to adopt any substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification may be first referred back to the commission for its recommendation. Failure of the commission to report within sixty (60) days after the referral (or within any longer time set by the council) shall be deemed a recommendation for approval of the modification.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 13, 4/24/18.)

An amendment to the general plan may be approved only if all of the following findings are made:

a.

The proposed amendment is internally consistent with the general plan;

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city;

c.

The site is physically suitable for the requested/anticipated land use development(s) (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints); and

d.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13.)

The adoption or amendment of a precise plan in accordance with Section 36.50.60 shall be considered an implementation of the general plan, providing additional site specific detail to the goals, objectives and land use policies of the general plan.

(Ord. No. 18.13, § 1, 12/10/13.)

This section describes the procedures for amending the text of this chapter or the official zoning map. Zoning amendments may include changes to the allowed land uses, property development standards or other portions of the zoning text, rezoning property from one zoning district to another or showing for reference the incorporated boundaries of the city or streets, planned streets or property lines.

(Ord. No. 18.13, § 1, 12/10/13.)

The zoning ordinance covers all of the incorporated area of Mountain View. The zoning map may also include, through pre-zoning, unincorporated areas that are within the city's defined "sphere of influence," which is the outer boundaries of future incorporation to the city. A pre-zoning designation shall not restrict the use or development of the property until such time as the area is incorporated into the city. Applications to adopt or amend the zoning ordinance text or map shall first be submitted to the city council to authorize staff review of such applications.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 14, 4/24/18; Ord. No. 10.2025, § 5, 10/28/25.)

a.

Zoning amendments may be initiated by the director, commission or council and may include any amendment to the text of this Chapter or to the official zoning map.

b.

An application for a zoning text amendment may be filed by any interested party residing in, owning property or doing business in the city.

c.

Unless initiated in accordance with subsection 36.52.50.a., an application to amend the official zoning map designation for a particular parcel may be filed only by the owner or authorized agent of the owner of the subject property(ies).

d.

Notwithstanding the above, an application to amend the zoning map to apply the height limitation (-H) overlay zone or the neighborhood design (-ND) overlay zone may be filed by the owners of at least fifty (50) percent of the parcels that would be subject to the overlay zone. In addition, fifty-one (51) percent of the parcels in the -H overlay zone must comply with the height proposed for adoption by the city council, and at least fifty-one (51) percent of the parcels in the -ND overlay zone must have at least one (1) of any of the characteristics proposed to be regulated. If more than one (1) characteristic is proposed to be regulated, at least thirty-five (35) percent of the parcels must have at least two (2) of any of the characteristics proposed to be regulated. Prior to final city council action on the rezoning application, sixty-seven (67) percent of the property owners in the areas subject to the overlay zone, who respond to a mailed ballot, must indicate support for the zone change. However, the city council reserves the right to approve the rezoning without the sixty-seven (67) percent support.

e.

For applications for zoning amendments submitted by a property owner, person doing business in or resident of Mountain View, the application shall first be forwarded to the city council to authorize staff review in accordance with this Section. However, applications for zoning amendments to achieve consistency with a parcel's existing General Plan land use designation may proceed directly to a formal planning application and are exempt from the requirements of City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

f.

Zoning amendments that meet the requirements specified in City Council Policy G-9 (Gatekeeper Application Policy and Procedures) shall be subject to a streamlined review process that is exempt from the authorization hearing requirement.

g.

Applications for authorization by the city council shall include all information specified in City Council Policy G-9 (Gatekeeper Application Policy and Procedures) as well as the following documents and information.

1.

Project letter. A letter requesting city council authorization to proceed with the review that includes all of the following information.

(a)

A summary of the proposed project, specifying its type (e.g., residential, commercial, industrial, mixed use), size and location.

(b)

Information about how the application aligns with, advances or supports established City Council goals, objectives or priorities or other community needs as described in City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

(c)

Information about the subject property's current general plan land use designation, zoning classification and existing use of the property along with an analysis of surrounding land uses and designations.

(d)

Information about the zoning amendment requested, including its scope and implications, and the necessity for the amendment to enable the proposed project.

(e)

Information about the application's consistency with established city council goals, priorities and objectives as well as its potential to address broader community needs.

(f)

Information about the potential fiscal impact of the proposed zoning amendment, including any measures proposed by the applicants to offset any adverse fiscal impacts.

(g)

Any other information necessary to demonstrate consistency with City Council Policy G-9 (Gatekeeper Application Policy and Procedures) or that the applicant feels pertains to the council's review of the request.

2.

Plans. A set of plans which include:

(a)

Site plan;

(b)

Elevations; and

(c)

Conceptual renderings.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 15, 4/24/18; Ord. No. 14.18, § 2, 11/27/18; Ord. No. 10.2025, § 5, 10/28/25.)

a.

Upon receipt of a zoning text or map amendment application, the city council shall schedule an authorization hearing for consideration of the application consistent with City Council Policy G-9 (Gatekeeper Application Policy and Procedures). The authorization hearing shall be noticed in accordance with Sec. 36.56.20 (Notice of Hearing).

b.

Once a project is authorized to apply by city council pursuant to this Section, the following actions shall require the project to return before the city council for reauthorization consistent with the application submittal requirements and hearing procedures of this Chapter and City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

1.

Change in ownership of project parcel(s). If a parcel included within the project site of a zoning text or map amendment authorized application changes ownership prior to submittal of a formal planning application.

2.

Expiration. A formal planning application for the project has not been submitted to the planning division within one (1) year of city council authorization. This year shall not begin until after any submittal deferral required by the council.

3.

Change in project. Substantial changes to the project as determined by the community development director to be a deviation of ten (10) percent or more from the original project authorized, including, but not limited to, the number of units, land use type, square footage or community benefits.

Any application not authorized by city council to proceed to the formal planning application stage shall be subject to any limitation on resubmission of a substantially similar project for authorization that is provided in City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

(Ord. No. 5.18, § 16, 4/24/18; Ord. No. 10.2025, § 5, 10/28/25.)

Editor's note— Ord. No. 10.2025, § 5, adopted Oct. 28, 2025, amended the title of § 36.52.60 to read as herein set out. The former § 36.52.60 title pertained to authorization hearing.

Upon receipt of a complete application to amend the zoning ordinance text or map, or upon initiation by the director, commission or council, and following department review, duly noticed public hearings shall be held before the commission and council in compliance with Sec. 36.56 (Applications, Hearings and Appeals).

Upon completion of its public hearing, the commission shall make a written recommendation to the council on whether to approve, approve in modified form or disapprove the amendment based upon the findings in this article and include its reasons for the recommendation, if appropriate. Prior to the item being forwarded to council, the community development director may withdraw a staff-initiated amendment, or an applicant may withdraw their application from further consideration. The commission, by majority vote, may withdraw a commission-initiated amendment.

Recommendations on amendments that do not require environmental impact reports (EIR) shall be forwarded to the council within ninety (90) days of the public hearing, including any date-specific continuations of the public hearings, unless an extension is agreed to by the applicant. For amendments requiring an EIR, the environmental planning commission's recommendation on the draft EIR and on the proposed amendment shall be forwarded to the council within ninety (90) days of the commission's receipt of the responses to comments on the draft EIR, unless an extension is agreed to by the applicant. No recommendation within this time period shall be considered a recommendation for disapproval, which shall be forwarded to the council.

Upon receipt of the commission's recommendation at a public hearing, the council shall, within sixty (60) days, approve, approve in modified form or disapprove the proposed amendment, unless an extension is agreed to by the applicant.

If the council proposes to adopt an amendment with modifications that were not previously considered by the commission during its hearings, the proposed modifications may first be referred to the commission for its report and recommendation. Failure of the commission to report within sixty (60) days of the date of the referral, or any longer period designated by the council, shall be deemed a recommendation for approval of the modification.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 17, 4/24/18.)

An amendment to the text of this chapter or the official zoning map may be approved only if all of the following findings are made, as applicable to the type of amendment.

a.

Findings required for all amendments:

1.

The proposed amendment is consistent with the general plan;

2.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city; and

3.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

b.

Additional finding for text amendments: The proposed amendment is internally consistent with this chapter.

c.

Additional findings for map amendments: The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

(Ord. No. 18.13, § 1, 12/10/13.)

a.

This section outlines the procedures and requirements for the review and approval of development agreements pursuant to the California Government Code. A development agreement is a contract between the city and an applicant for a development project provided for in the California Government Code. A development agreement provides assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules and regulations after such approval. In return, the city is assured that the applicant will provide infrastructure and/or pay fees required by a new project that is constructed over a period of time.

b.

In defining the provisions of any development agreement executed in compliance with this section, each provision shall be consistent with the language of this section, state law and the agreement itself. Should any discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order of precedence:

1.

The provisions of federal or state law;

2.

The plain terms of the development agreement itself; and

3.

The provisions of this section.

(Ord. No. 18.13, § 1, 12/10/13.)

In addition to the application requirements of this article, the application shall include:

a.

Documentation, data and analysis to show that the agreement provides unique benefits to the city for entering into the agreement;

b.

Proposed term of the agreement;

c.

Project phasing;

d.

Applicable development standards, including uses and densities;

e.

Applicant's arrangement for any public improvements to be constructed in consideration for the development agreement; and

f.

Any special provisions or clauses the applicant requests to be in the Agreement.

An application for a development agreement may be filed only by a person, or authorized agent of a person, who has legal and equitable interest in the real property which is the subject of the proposed development agreement. The community development director may require an applicant to submit written proof of their interest in the real property or the authority of any agent to act for the applicant.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Upon receipt of a complete application for a development agreement, the zoning administrator shall hold a duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals). Following conclusion of the public hearing, the zoning administrator shall make a written recommendation to the council. This recommendation shall include a statement that the proposed agreement has been reviewed by the city attorney. The zoning administrator's recommendation shall be based upon the following findings that the development agreement:

1.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any specific plan or precise plan;

2.

Is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located;

3.

Is in conformity with public convenience, general welfare and good land use practice;

4.

Will not be detrimental to the health, safety and general welfare of the community;

5.

Will not adversely affect the orderly development of property or the preservation of property values;

6.

Is needed by the applicant due to the complexity, cost or infrastructure requirements for development; and

7.

Is advantageous to and benefits the city.

b.

Upon receipt of the zoning administrator's recommendation, the city council shall hold the duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals). Council shall approve, conditionally approve or disapprove the application or may refer the item back to the zoning administrator for additional consideration and recommendation.

c.

Should the council approve or conditionally approve the application, it shall, as a part of its action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved, and authorize execution by the city manager of the development agreement consistent with that approval.

d.

The ordinance shall contain findings that the development agreement is consistent with this chapter, the general plan, California Environmental Quality Act (CEQA) and any applicable precise plans.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Mandatory contents. All development agreements shall contain the following provisions:

1.

Duration of the agreement;

2.

Permitted uses for the subject property;

3.

Density or intensity of the permitted uses;

4.

Approved site plans, elevations, floor plans and sections showing the maximum height and size of the proposed building;

5.

Provisions, if any, for reservation or dedication of land for public purposes;

6.

A tiered amendment review procedure that may incorporate the following:

(a)

Zoning administrator sign-off for minor modifications to the development project; and

(b)

Approval of major modifications to the development project by the Council.

Procedures for city review of specific project proposals to ensure through conditions of approval or denial of the proposed project that such proposals would not place project occupants or the immediate community, or both, in a condition dangerous to their health or safety, or both. Project proposals covered by this provision include, but are not limited to, new buildings, changes in land or building use, and/or changes in the amount, type or location of storage or use of hazardous materials.

b.

Permissive contents. A development agreement may include the following:

1.

Conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that these provisions shall not prevent development of the land for the uses and to the density/intensity of development specified in the Agreement;

2.

Provisions which require that construction shall be commenced within a specified time and that the project or any single phase be completed within a specified time;

3.

Terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings; and

4.

Any other terms, conditions and requirements as the council may deem necessary and proper, including, but not limited to, a requirement for ensuring, to the satisfaction of the city, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

The city shall execute development agreements on or after the date upon which the ordinance approving the agreement is enacted.

b.

The city clerk shall have a development agreement or, if permitted, a memorandum of agreement, recorded in the office of the Santa Clara County Recorder no later than ten (10) days after it is executed.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Every development agreement approved and executed in compliance with this section shall be subject to periodic city review during the full term of the agreement. Unless a shorter time is specified by the city council, the community development director shall review each development agreement every twelve (12) months from the date the agreement was entered into for compliance with the provisions of the agreement. Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with Section 36.56.15 (Fees).

b.

The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.

c.

If, as a result of periodic review, the council finds and determines on the basis of substantial evidence that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the council may order, after a noticed public hearing, that the agreement be terminated or modified.

(Ord. No. 18.13, § 1, 12/10/13.)

Unless otherwise provided by the development agreement, the rules, regulations and official policies governing permitted uses of the land, density, and design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement does not prevent the city, in subsequent actions, from applying new rules, regulations and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Amendment or mutual cancellation. Either party may propose an amendment to, or cancellation in whole or in part, of a development agreement. The procedure for considering an amendment to, or canceling of, the development agreement is the same as for entering into an agreement as set forth in this chapter. When the city initiates the proposed amendment or cancellation, it shall first file written, mailed notice of such intention to the other party to the agreement at least thirty (30) days in advance of the posted notice.

b.

Noncompliance or termination. If, upon a finding under Section 36.54.30.c, the city council determines to proceed with modifications or termination of the agreement, the city council shall hold a duly noticed public hearing. At the hearing, the other party to the agreement shall be given an opportunity to be heard. The city council may refer the matter to the zoning administrator for further proceeding or for report and recommendation. The city council may impose such conditions to its action as it considers necessary to protect the health, safety and welfare of the community and the interests of the city.

(Ord. No. 18.13, § 1, 12/10/13.)

The city council finds and declares that the recognition, preservation, protection and use of historical resources is in the best interest of the health, prosperity, social and cultural enrichment and general welfare of the city and furthers general plan Goal G, which is to preserve and protect Mountain View's historic resources and encourage their restoration. This program, by providing a system of voluntary compliance and available incentives, will increase the likelihood that historical resources are maintained, restored, enhanced and protected and includes procedures for protection of the environment which, absent this program, may not exist.

(Ord. No. 18.13, § 1, 12/10/13.)

For the purpose of this article, the following words shall have the meanings set forth in this section:

a.

"Character-defining feature" shall mean the distinctive, tangible and physical features or elements which contribute to the overall character of a structure.

b.

"Exempt alteration" shall mean an alteration or modification that is determined by the zoning administrator to have limited potential to affect the character-defining features of a historic resource and shall include modifications to the interior, changes to landscaping and the repainting of previously painted surfaces, regardless of color. The zoning administrator may also determine that the following changes are exempt: maintenance or repair of windows, doors, porch elements, chimneys and roofs with the same or similar designs and materials whether or not the change requires a building permit.

c.

"Historic resource" shall mean any building, structure, object or site that the city council has designated for inclusion in the Mountain View Register of Historic Resources.

d.

"Mountain View Register of Historic Resources," or "Historic Register," or "Register," or "Initial Register" shall mean the inventory of buildings, structures, objects and sites designated by the city council as historic resources pursuant to the provisions of this ordinance and adopted by council resolution as amended from time to time. The Mountain View Register of Historic Resources shall be the city's only "local register of historical resources" under Public Resources Code § 5024.1.

e.

"Significant alteration" shall mean an alteration or modification to the exterior that is determined by the zoning administrator as having the potential to affect the character-defining features of the building. It does not include removal of nonhistoric features or additions that may exist on a historic resource.

(Ord. No. 18.13, § 1, 12/10/13.)

No person shall alter, modify, remove or destroy any historic resource designated pursuant to this article except in compliance with this article.

(Ord. No. 18.13, § 1, 12/10/13.)

A building, structure, site or other improvement may be designated as a historic resource and placed on the Mountain View Register of Historic Resources if the city council finds that it meets one or more of the following criteria:

a.

Is strongly identified with a person who, or an organization which, significantly contributed to the culture, history or development of the City of Mountain View;

b.

Is the site of a significant historic event in the city's past;

c.

Embodies distinctive characteristics significant to the city in terms of a type, period, region or method of construction or representative of the work of a master or possession of high artistic value; or

d.

Has yielded, or may be likely to yield, information important to the city's prehistory or history.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Initial Register. The city council may, by resolution, adopt an "Initial Mountain View Register of Historic Resources." Owners of properties on the Register will be notified by certified mail within thirty (30) days of adoption of the ordinance providing for the designation and preservation of historic resources. If the council adopts a Historic Register, all properties, including those designated pursuant to this section, shall be included in the Register.

b.

Initiation by owner. The property owner may request designation of a building, structure or other improvement as a historic resource. Applications for designation must be accompanied by such historical and architectural information as is required to allow city staff to make an informed recommendation concerning the application. The application shall be filed with the community development department.

c.

Initiation of individual historic resource by the council. The council may initiate the designation by majority vote which will begin the review process. Within thirty (30) days of the initiation of the designation by the council, the city shall notify the property owner of such application. The application will be processed only if the property owner agrees in writing to such designation.

d.

Public hearings.

1.

Public hearing before zoning administrator. For applications initiated pursuant to subsections "b." and "c." above, the zoning administrator shall hold a public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals) to consider the application. The zoning administrator shall review the evidence in support of the application and determine whether the property meets the criteria for designation, and forward a recommendation to the city council on whether the property should be placed on the Register.

2.

Public hearing before city council. Upon receipt of the zoning administrator's recommendation, the council shall hold a public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals). The council shall review the evidence in support of the application and the recommendation of the zoning administrator and determine whether the property meets the criteria for designation and make a final decision on whether the property should be placed on the Register.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Removal from Initial Register. Within six (6) months of the adoption of this ordinance, any property owner may submit a request in writing, on a form approved by the community development director, that their property be removed from the Register. The application for removal shall be signed by all owners of the property. The director shall determine whether the request for removal is in compliance with this article and shall grant the request if it complies with the requirements of this article.

b.

Removal from Register. Properties remaining on the Register pursuant to Section 36.54.70.a, and following the six (6) month removal period, and properties entered on the Register pursuant to Section 36.54.70 "b.," "c." and "d.," shall remain on the Register and cannot be removed for ten (10) years from the initial designation. Every five (5) years thereafter, on the anniversary of the designation, properties may apply for removal. The application shall be submitted and reviewed consistent with subsection "a." above.

c.

Recapture of property tax incentive. The application for removal of the Historic Resource from the Register shall include a payment for property tax rebates, with interest. The city council, by separate action, shall designate the appropriate interest rate.

d.

Predemolition review. Prior to the issuance of a demolition permit for any building, which had been designated as a historic resource pursuant to Section 36.54.70, the applicant shall meet with city staff to review the alternatives, incentives and options to demolition. The applicant shall be notified in writing of the time and place of the meeting within thirty (30) days of filing a complete application for a demolition permit. The council may, by resolution, require additional historic buildings, not otherwise designated, to go through this review process.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Historic resources are eligible for special incentives and benefits as determined and adopted by the city council. The availability of the following incentives and benefits is contingent upon the determination that the approval, exemption or benefit will protect and enhance the character-defining features or retention of the historic resource.

1.

Variances pursuant to Section 36.46.35;

2.

Major floor area ratio exceptions pursuant to Section 36.14.90.b;

3.

Setback and minor floor area exceptions pursuant to Section 36.14.80 and 36.14.90.a;

4.

Exemptions from nonconforming uses and structures pursuant to Section 36.06.70;

5.

Exceptions from requirements of the downtown precise plan;

6.

Use of the State Historic Building Code;

7.

Mills Act contracts;

8.

Exemption from planning, building and historic preservation permit fees related to the historic resource, including, but limited to, the relocation, preservation and rehabilitation of the historic resource;

9.

Credit for BMR program requirements, including BMR units and in-lieu fees, where the historic resource is preserved or rehabilitated as part of a residential development;

10.

Credit toward park land dedication or fees in lieu thereof; and

11.

Approval for condominium conversions of six (6) residential units or less in a single historic resource.

b.

The council may also, by resolution or on a case-by-case basis during a public hearing process, determine which of the following additional incentives and/or benefits are appropriate. The incentives and benefits thereby granted shall only be effective during the maintenance of the historic resource.

1.

Historic building rehabilitation loan fund; and

2.

Rebate of the City of Mountain View portion of the property tax during the designation period. The city's finance and administrative services director shall develop a procedure to facilitate this rebate. The rebate shall be based on the property owner's/property owners' application for the benefit and may be granted on a prospective basis only.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Applicability. No person shall make a significant alteration, redevelop, or relocate any structure or improvement, or any portion thereof, upon a property designated as a historic resource on the Mountain View Register of Historic Resources without first obtaining a "historic preservation permit" or HP permit. An HP permit shall remain in effect for four (4) years from the date of approval.

b.

Exceptions.

1.

Exempt alteration. A historic preservation permit shall not be required for an exempt alteration. The city council may, by resolution, adopt a list of alterations that are deemed to be exempt alterations.

2.

Hazardous or unsafe conditions. Construction, alteration or demolition necessary to correct the unsafe or dangerous condition of any structure, or other feature or part thereof, where such condition has been declared unsafe or dangerous, in writing, by the chief building official or fire marshal and where said officials have declared the proposed measures necessary on an urgency basis to correct the condition. In no event shall any work be performed which is not absolutely necessary to correct the immediate danger created by the unsafe or dangerous condition, and such work shall be done with due regard for preservation of the appearance of the structure involved.

3.

Ordinary repair and maintenance. Nothing in this Section shall be construed to prevent the ordinary repair and maintenance of any architectural feature of a designated historic resource. The owner of a designated historic resource shall keep and maintain in good condition and repair all exterior portions of the resource and all interior portions whose maintenance is necessary to prevent deterioration and decay of the exterior feature.

4.

Special submittal requirements. The application shall be submitted to the community development department and, in addition to the application requirements of this Division, shall contain information and documentation, including architectural drawings and specifications (site plan, elevations, floor plans and building materials); current photographs, sketches, drawings or other descriptive materials necessary to illustrate the proposed alteration; and any other information, which could include an historical assessment by a professional consultant, as determined to be necessary by the community development department for a complete and adequate application.

c.

Hearings and action. Applications for HP permits shall be reviewed by the zoning administrator, who shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter.

d.

Findings. The HP permit may be approved or conditionally approved if the following findings are made:

1.

The proposed significant alteration will not result in a substantial adverse change in the significance of the historic resource.

2.

The proposed significant alteration maintains and enhances the appearance of the community.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 37, 1/23/24.)

Alterations to buildings which are eligible for the National Register of Historic Places or the California Register of Historical Resources shall be reviewed pursuant to Section 36.54.85 a., b., c., and d. and except that the city council shall determine whether to grant an HP permit and the council must find that the alteration is in substantial compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. If an HP permit is granted, any structure proposed to replace a historic resource shall be subject to design review and approval by the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 37, 1/23/24.)

Nothing in this article shall be construed to abrogate the California Environmental Quality Act (CEQA) or any other state, federal or local law relative to the preservation of historical resources or the environment.

(Ord. No. 18.13, § 1, 12/10/13.)

Appeals to the zoning administrator or city council, as applicable, shall be filed and processed pursuant to Section 36.56 (Applications, Hearings and Appeals).

(Ord. No. 18.13, § 1, 12/10/13.)

The following provisions outline procedures and requirements for the filing of applications for permits, entitlements, amendments, and approvals, the procedures for hearings before the zoning administrator, commission and council, and the process for appeals of any requirement, decision or determination made by the zoning administrator, or subdivision committee. Unless otherwise specified in this article, all applications for permits, entitlements, amendments and approvals required by this article shall be filed in compliance with this section.

(Ord. No. 18.13, § 1, 12/10/13.)

Applications for permits, permit modifications, amendments and other matters pertaining to this chapter shall be filed with the department on a city application form, together with all fees, plans, maps and any other information required by the department. The application may only be made by the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this chapter and who have written authorization from the property owner to make such application. Applications shall include the following:

a.

A complete legal description of the subject property.

b.

For development proposals:

1.

The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme;

2.

Architectural drawings of proposed buildings, building additions or other structures. Drawings shall indicate building height, colors, materials, window treatment and other architectural features;

3.

Other information as may be required by the zoning administrator or other review authority concerning the proposed development and use of the property and its relationship with adjacent properties; and

4.

For development proposals involving two (2) or more acres of land, information regarding the fiscal impact of the proposed development or land use with respect to the fiscal impact of the existing permitted development or land use.

c.

Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for development review.

d.

For precise plan, general plan or zoning map/text amendment proposals:

1.

Text or illustrations clearly showing the proposed additions, deletions or other amendments;

2.

Written copy of the applicant's description of how the proposed amendment complies with the findings listed in this chapter that pertain to the requested amendment; and

3.

For precise plan, general plan or zoning ordinance text amendments, information regarding the fiscal impact of the development or land use proposed to be allowed with respect to the fiscal impact of the existing allowed development or land use.

(Ord. No. 18.13, § 1, 12/10/13.)

The council shall, by resolution, establish a schedule of fees for permits, amendments and other matters pertaining to this chapter. The schedule of fees may be changed or modified only by resolution of the council. The city's processing fees are cumulative. For example, if an application for development review also requires a variance and environmental review, all three (3) fees will be charged. Also, unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees. Review shall not commence on any application until all applicable fees have been paid.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

The public shall be provided notice of hearings in compliance with state law. The notice shall clearly state the general explanation of the matter to be considered, location of the affected property, the date, time and place of the public hearing and the identity of the hearing body.

b.

Noticing shall be provided as follows:

1.

Written notice mailed or delivered at least fourteen (14) days prior to the public hearing to the following:

(a)

The owner(s) of the subject site or the owner's authorized agent(s);

(b)

The project applicant(s);

(c)

Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed project;

(d)

Tenants and owners of real property within seven hundred fifty (750) feet of project sites as shown on the latest equalized assessment roll or other records of the county assessor or recorder which contain more recent ownership information than the equalized roll. For project sites located adjacent to and contiguous with a city-owned public park or city-owned facility, the seven hundred fifty (750) feet shall be measured from the boundary of the project site and the city-owned property with the public park or facility; and

(e)

Any individual or entity that has filed a written request with the city clerk requesting notification of public hearings pursuant to this Chapter.

2.

Publication of the notice of hearing in a newspaper of general circulation within the City of Mountain View at least ten (10) days prior to the public hearing date.

3.

Posting a project identification sign on the project site.

c.

Notice for citywide matters or large segments of city. For matters governed by this Chapter affecting the entire city or a large number of properties such that more than one thousand (1,000) owners are within three hundred (300) feet of the subject site(s) or affected area(s), the city may publish a notice of hearing at least ten (10) days prior to the public hearing in a newspaper of general circulation within the City of Mountain View in lieu of mailed or delivered notices. If a notice is mailed or delivered in addition to the aforementioned newspaper publication, the city shall also post the notice in at least three (3) public places at least ten (10) days prior to the hearing, including one (1) public place in the area directly affected by the proceeding.

d.

Expanded notice for city-owned properties. In cases where the city is considering the sale or any other change or action involving any city-owned park or open space area, notice of any hearings shall be provided ten (10) days before the hearing as follows, in addition to the notice required by subsections 1, 2 and 3 above.

1.

If the city-owned property is adjacent to any street or highway or adjacent to or across a street from a single-owner lot of one (1) acre or more, the notification radius shall be measured from the outside boundary of the city-owned site and the adjacent large parcel and the opposite side of any street or highway as if one (1) project site; and

2.

Hand-delivery of the public hearing notice to any public or private school within the notification radius as set forth in subsection b.2., above.

e.

The city may give notice of public hearings in any other manner it deems necessary or desirable.

f.

Failure of any individual or entity to receive notice as provided in subsections 36.56.20 b.—e. shall not constitute grounds for any court to invalidate the city actions for which the notice was given.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 14.18, § 3, 11/27/18; Ord. No. 01.2024, § 38, 1/23/24.)

a.

Hearings shall be held at the date, time and place for which notice has been given as required in this section.

b.

The burden shall be on the applicant to support the approval of the requested action.

c.

Any hearing may be continued without renoticing the hearing provided that prior to the adjournment or recess of the hearing a clear public announcement is made specifying the date, time and place to which the hearing will be continued. If the hearing is not continued to a specific date, then the hearing on the continued item shall be renoticed in accordance with Section 36.56.20.

d.

Summary minutes shall be prepared and made part of the permanent case file.

(Ord. No. 18.13, § 1, 12/10/13.)

For applications requiring zoning administrator approval, the zoning administrator may announce and issue their decision at the conclusion of the scheduled hearing; may continue the item for additional public hearing; or may defer action by taking the item under advisement and issuing the decision no later than thirty (30) days following the hearing. The decision shall contain applicable findings and any conditions of approval. Following the hearing, a notice of the decision and any conditions of approval shall be emailed or mailed to the property owner and applicant at the email or mailing address shown on the application.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 39, 1/23/24.)

For applications requiring commission review, at the conclusion of their public hearing, the commission shall forward its written findings and recommendation to the council for final action. The commission's recommendation shall be emailed or mailed to the applicant at the email or mailing address shown on the application prior to the city council public hearing on the application. Commission recommendations are required for the following applications:

a.

Precise plans;

b.

General plan amendments;

c.

Zoning text/map amendments; and

d.

Establishment of new street plan lines.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 39, 1/23/24.)

For applications requiring council approval, the council shall issue its decision at the conclusion of the public hearing. The decision shall contain the findings of the council and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the city. The decision of the council shall be final.

(Ord. No. 18.13, § 1, 12/10/13.)

Development review approvals, temporary use permits, variances, planned unit development permits, conditional use permits, mobile home park permits, special design permits and planned community permits shall become effective ten (10) days following the date that the findings are adopted by the appropriate review authority. Precise plans, general plan amendments, zoning ordinance/map amendments, and development agreements shall become effective thirty (30) days following the final date of action (e.g., adoption) by the council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 22.19, § 9, 12/10/19.)

Any determination or action under this Chapter by the zoning administrator or community development director may be appealed to the council.

a.

Filing. All appeals shall be submitted in writing on a city application form, and shall specifically state the pertinent facts of the case and the basis of the appeal. An appeal of a zoning administrator or director action shall be filed in the office of the city clerk within ten (10) days following the date of emailing or mailing of the findings. Appeals shall be accompanied by a filing fee in compliance with this Section.

b.

Notice of appeal hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given.

c.

Effective date of appealed actions. An action of the zoning administrator or community development director appealed to the council shall not become final unless and until upheld by the council.

d.

Reapplication. When an application for a permit or amendment is disapproved, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve (12) months except as otherwise specified at the time of disapproval. The zoning administrator shall determine in writing whether the new application is the same or substantially the same as the permit or amendment that was disapproved.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 40, 1/23/24.)

The following provisions specify permit time limits, procedures for extensions of time and revocation of permits.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Time limits. Unless outlined otherwise in conditions of approval, any permit or entitlement not used within two (2) years of approval shall become void. For phased projects, a permit or entitlement becomes void if there has been no significant construction activity for a period of one (1) year, notwithstanding previous construction activity. The permit shall not be deemed "used" until the permittee has actually obtained a building permit and commenced construction or has actually commenced the permitted use on the subject property in compliance with the conditions of approval.

b.

Extension. Upon receipt of an application for an extension of a valid permit, the zoning administrator shall hold a duly noticed hearing on such proposed extension of a permit. The purpose of the hearing is to determine whether the permittee has made a good-faith effort to comply with the conditions of the permit during the initial two (2) year time limit of the permit or, for phased projects, during any one (1) year period following building inspection of new construction. The burden of proof is on the permittee to establish by a preponderance of substantial evidence that the permit should not expire.

If the zoning administrator determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the zoning administrator may renew the permit either one (1) time for an additional two (2) years from the expiration date of the original permit, or up to two (2) times each for one (1) additional year, not to exceed a cumulative total of two (2) years from the expiration date of the original permit.

c.

Conditions. At the time of renewal of a permit, the zoning administrator may modify conditions of approval or add new conditions of approval as may be appropriate to any change in the community or city requirements or procedures since the original approval. The zoning administrator shall render their decision no later than thirty (30) days following the hearing.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 41, 1/23/24.)

The zoning administrator shall hold a duly noticed public hearing in order to revoke or modify any permit or entitlement granted in compliance with the provisions of this chapter. For temporary use permits, the zoning administrator shall mail or deliver written notice of the hearing to the permittee or property owner. For all other permits, ten (10) days prior to the public hearing, notice in writing shall be hand-delivered or mailed using first class, prepaid mail, return receipt requested service to the applicant and/or owner of the property for which the permit was granted and mailed or delivered to the listed owners of real property within three hundred (300) feet of the subject property.

a.

Permit revocation. A permit may be revoked or modified by the zoning administrator if any one (1) of the following findings can be made:

1.

That the permit was obtained by misrepresentation or fraud;

2.

That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for six (6) or more months;

3.

That one (1) or more of the conditions of the permit have not been met;

4.

That the improvement, use or activity authorized in compliance with the permit is in violation of any statute, ordinance, law or regulation;

5.

That the improvement, use or activity allowed by the permit is detrimental to the public health, safety or welfare or constitutes a nuisance; or

6.

That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the law.

(Ord. No. 18.13, § 1, 12/10/13.)

A formal permit application which has been inactive for ninety (90) days shall be deemed withdrawn without notice, public hearing or other proceeding. An application is inactive when a formal resubmittal that is substantially responsive to the city's completeness/comment letter has not been provided. Once an application is deemed withdrawn, the applicant shall be required to submit a new application and fees in compliance with the city's application submittal requirements.

(Ord. No. 4.22, § 27, 4/12/22; Ord. No. 01.2024, § 42, 1/23/24.)

An urgency interim ordinance allows the city to respond to an immediate threat to the community's health, safety or welfare that may be presented by proposed modification or establishment of uses or structures through the adoption of temporary regulations or prohibitions of such uses or structures. Such urgency interim ordinances provide the opportunity for the community to more closely evaluate such uses or structures and to determine through the regular zoning ordinance amendment procedures appropriate new regulations, if any, that may be needed to control such uses or structures to ensure proper protection of the community without such consideration being preempted by the affected development. For purposes of this chapter, an urgency interim ordinance shall mean the same as an emergency ordinance as provided for in City Charter Section 514.

(Ord. No. 18.13, § 1, 12/10/13.)

An urgency interim ordinance may be adopted to temporarily modify or suspend any land use or development regulation of this chapter. This section is adopted as an alternate to the procedure provided for in the California Government Code § 65858, et seq., and shall be implemented consistent with state law to the extent specifically applicable to charter cities. Such urgency interim ordinance may be initiated by the city council, the environmental planning commission or the community development director. Such urgency interim ordinance shall regulate or prohibit the issuance of permits for uses or structures which may be in conflict with a contemplated general plan, specific plan, precise plan or zoning ordinance proposal which the city council, environmental planning commission or community development director has initiated or which has been identified to be studied within a maximum of twenty-four (24) months.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Votes required. Urgency interim ordinances shall require five (5) affirmative votes of the city council for adoption or extension.

b.

Urgency adoption. Without following the procedures otherwise required for the adoption of amendment of the zoning ordinance, and without separate noticing, the city council may adopt, as an urgency measure, an interim ordinance regulating or prohibiting establishment or modification of any specified uses or structures for a period of time as needed to protect the public health, safety or welfare. Said urgency interim ordinance shall be of no further force and effect ninety (90) days from the date of its adoption.

c.

Extensions. The urgency interim ordinance adopted pursuant to Section 36.58.15.b above may be extended from the date of original adoption for twelve (12) months and subsequently extended for an additional twelve (12) months, or for one (1) single aggregate twenty-four (24) month period, after notice pursuant to this section. The notice shall be published in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the city council hearing. The notice shall indicate the date, time and place of the public hearing, identify the city council as the hearing body, and include a general description of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. However, any such extensions of an interim ordinance that has the effect of denying approvals for development of projects with a significant component of multi-family housing shall further comply with the provisions of Government Code Section 65858, et seq. regarding specified city council findings required prior to such interim ordinance extension.

d.

Alternate procedure. As an alternate to the procedure outlined in Section 36.58.15 "b." and "c." above, the initial urgency interim ordinance may be adopted, after notice of a public hearing as set forth in Section 36.58.15.c, for an initial period not to exceed two (2) years. An urgency interim ordinance adopted under this alternative procedure shall not be extended.

(Ord. No. 18.13, § 1, 12/10/13.)

The city council shall not adopt nor extend an urgency interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety or welfare and that the approval of additional subdivisions, use permits, conditional use permits, variances, planned community permits, building permits or other applicable entitlements for use or construction would result in creating or extending that threat to public health, safety or welfare.

(Ord. No. 18.13, § 1, 12/10/13.)

In enacting the urgency interim ordinance, the city council may determine the scope of permits or entitlements regulated or prohibited by the ordinance and may determine that some uses or structures or components of uses or structures may proceed to seek entitlements during the period of the urgency interim controls as set forth in the ordinance. This provision provides the city council with a mechanism for alleviating, as may be appropriate undue hardships that could result from the strict application of the interim controls.

(Ord. No. 18.13, § 1, 12/10/13.)

The zoning administrator shall respond in writing to any request for interpretation of the provisions of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The request shall specifically state the provision(s) in question and provide any information to assist in their review.

(Ord. No. 18.13, § 1, 12/10/13.)

Whenever the zoning administrator determines that the meaning or applicability of any of the requirements of this chapter are subject to interpretation generally or as applied to a specific case, the zoning administrator may issue an official interpretation. Official interpretations shall be:

a.

In writing, and shall quote the provisions of this chapter being interpreted and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

b.

Distributed to the council, commission, city attorney, city clerk and department staff.

Any provisions of this chapter that are determined by the zoning administrator to need refinement or revision will be corrected by amending this chapter as soon as is practical. Until amendments can occur, the zoning administrator will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the zoning ordinance section that is the subject of the interpretation if policy input is needed to resolve the question.

(Ord. No. 18.13, § 1, 12/10/13.)

Any interpretations of this chapter by the zoning administrator may be appealed to the council as provided by Section 36.56 (Applications, Hearings and Appeals). The zoning administrator may also refer any interpretation to the commission for a determination.

(Ord. No. 18.13, § 1, 12/10/13.)

The following provisions are intended to ensure compliance with the provisions of this chapter and any conditions of approval, to promote the city's planning efforts and for the protection of the public health, safety and welfare of the city.

(Ord. No. 18.13, § 1, 12/10/13.)

The city manager, city attorney and community development director shall be responsible for enforcing the provisions of this chapter and any conditions imposed on development permits granted by the zoning administrator or city council and permitted under this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The city zoning inspector, building inspectors and code enforcement officers shall have the authority to issue a citation for any violation of this chapter, in compliance with City Code Section 2.88 (Authority of Zoning Inspectors and Building Inspectors to Make Arrests and Issue Citations).

(Ord. No. 18.13, § 1, 12/10/13.)

An applicant/owner may be required to provide adequate security for the faithful performance of any/all conditions of approval imposed on a permit by the zoning administrator. This may include a requirement to post a bond in the amount needed to pay for a required improvement, separate written contract for the operation of an ongoing responsibility, recordation of a deed restriction or other such instruments to pay for or ensure the performance of conditions of approval of a permit issued under this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision(s) of this chapter or any condition imposed on any entitlement, development permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of a misdemeanor in accordance with City Code Section 1.7 (Procedure for Enforcement). Any violation of this chapter shall also constitute a public nuisance which may be abated in accordance with the procedures outlined in Chapter 25 of the City Code (Neighborhood Preservation). Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties specified in Section 1.7 (Procedure for Enforcement) and Chapter 25 (Neighborhood Preservation) of the City Code, and/or revocation procedures outlined in Section 36.56.55 (Time Limits, Extensions, Revocations). Any permit, certificate or license issued in conflict with this chapter shall be null and void. Any construction in violation of this chapter or any condition(s) imposed on a permit or license shall be subject to the issuance of a "Stop Work Order." Any violation of a duly issued stop work order shall constitute a misdemeanor.

In addition to remedies specified in Chapters 1 and 25 of the City Code, the city attorney may, or upon order of the city council, shall immediately commence actions or proceedings for the abatement and removal and enjoinment in the manner provided by law of any building, structure or use established or maintained contrary to the provisions of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter shall be cumulative and not exclusive of any other applicable provisions of city, county or state law.

(Ord. No. 18.13, § 1, 12/10/13.)

Every property owner or applicant seeking a permit or any other action in compliance with this chapter shall allow the city officials handling the application access to any premises or property which is the subject of the application. If the permit or other action in compliance with this chapter is approved, the owner or applicant shall permit appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions imposed by the zoning administrator.

(Ord. No. 18.13, § 1, 12/10/13.)

The city may impose fees on a permittee/licensee to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this chapter as well as those conditions and mitigation measures imposed on an approved permit, entitlement, or license.

(Ord. No. 18.13, § 1, 12/10/13.)