moratorium on new residential building code standards through 2031. This report focuses on the new statutory CEQA exemption established by AB 130 (codified at Public Resources Code Section 21080.66) as well as the new timelines for taking final action on projects that are exempt from CEQA under AB 130 and Senate Bill (SB) 158 (codified at Government Code Section 65950(a)(7)). More information about the statute is provided below under Analysis.
Previous Meetings
City Council
On January 27, 2026 , the City Council received a staff report (Attachment 3 ) regarding the implementation of recently adopted state housing legislation, including AB 130. At that meeting, Council directed staff to create a ministerial approval process for housing development projects that qualify for the AB 130 streamlined CEQA review. Creation of a ministerial approval process would require amendments to Chapters 36 (Zoning), 28 (Subdivisions), and 41 (Park Land Dedication or Fees In Lieu Thereof) of the City Code , which include references to approval authority by the City Council, the Subdivision Committee, and other public hearing bodies.
In addition, on February 24, 2026, during review of small business streamlining and other minor Zoning Code updates, the City Council identified several additional minor clean-up amendments to Chapter 36 of the City Code to allow:
• Child-care centers co-located with multi-family residential uses;
• Family child-care homes within the residence of the provider in commercial zones where General Plan Mixed-Use Village Centers are allowed; and
• Low-barrier navigation centers in the Commercial Office (CO) Zoning District.
The proposed amendments further support the Fiscal Years 2025-27 Council Work Plan City Code Cleanup project and help to implement Programs 1.1 and 4.1(b) of the 2023-2031 Housing Element by ensuring the Zoning Code remains consistent with state law and streamlining housing development review processes.
Environmental Planning Commission Public Hearing
On April 15, 2026, the Environmental Planning Commission (EPC) held a public hearing to review the proposed amendments to Chapter 36 (Zoning) (Attachment 4 —Environmental Planning Commission Report dated April 15, 2026), which establish an administrative approval process for projects that qualify for a statutory CEQA exemption under AB 130 . There were no public speakers, but the EPC received one written correspondence supporting the amendments and 150
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encouraging the City to set a clear timeline for the adoption of a completely ministerial process (Attachment 5—Public Comment).
The EPC recommended approval of the amendments along with a minor cleanup to remove a duplicative mention of the “small animal keeping” land use from the agricultural land use category in Section 36.10.05 of the draft ordinance amending Chapter 36. Overall, the EPC was supportive of the proposed amendments to ensure compliance with state regulations.
Changes to Attachment 1 After the Environmental Planning Commission Hearing
Since the EPC meeting, staff has made additional refinements to the ordinance to preserve due process interests that are consistent with various statutory requirements.
The proposed amendments to the City Code require the City to provide notice and an opportunity for a hearing. Instead of providing notice of a standing hearing (like the administrative zoning hearing), the City will provide notice of a potential hearing, but will only conduct the hearing if a timely request is received by the City . Decisions can be appealed to t he City Council . The administrative approval process and associated hearing and appeal provisions are intended to be an interim measure until staff has an opportunity to develop a fully ministerial process .
Additional minor changes have been made to align with the concurrent amendments to Chapter 28 (Subdivisions). A summary of these changes is listed in Table 1 below.
Table 1: Post-EPC Changes
AFFECTED SECTION DESCRIPTION OF CHANGE POST-EPC
Section 36.44.10. - Review
authority.
Changes to Table 36.44-1 to reflect the
opportunity for appeal of administrative housing
approvals.
Section 36.44.25. - Subdivision
committee.
Updates to the duties and powers of the
Subdivision Committee for consistency with the
proposed amendments to Chapter 28
(Subdivisions).
Section 36.44.35. - City council Clarification that the City Council has the final authority on appeals of administrative approvals.
Section 36.44.75. - Administrative
approval for qualifying housing
developments subject to Public
Resources Code Section 21080.66.
• A hearing for administrative approvals will be
conducted if a timely request by the applicant
or other person(s) is received by the
Community Development Director within 14
days of the notice.
• Allows appeals to the City Council.
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AFFECTED SECTION DESCRIPTION OF CHANGE POST-EPC
• Removes references to the “city engineer” as
an approval authority to align with the final
approach recommended for the draft
ordinance amending Chapter 28
(Subdivisions).
ANALYSIS
AB 130 Overview
AB 130 establishes a new statutory CEQA exemption for qualifying infill residential projects.
Statutory exemptions are unqualified exemptions from CEQA, meaning they are not subject to the exceptions to the application of categorical exemptions provided in CEQA Guidelines Section 15300.2. Qualifying residential projects can include single-family, multi-family, mixed- use, and transitional/supportive housing uses. Projects must satisfy statutory criteria to qualify for the new statutory exemption under Public Resources Code Section 21080.66, including maximum acreage, consistency with applicable Zoning and General Plan standards (density bonuses, waivers, incentives/concessions, and reduced p arking per State Density Bonus Law do not create an inconsistency), and minimum density of at least 15 units per acre. Table 2 summarizes the statutory exemption criteria.
Table 2: AB 130 Statutory Exemption Criteria
CRITERION DETAILED STANDARD
Project Size • ≤20 acres (standard); or
• ≤4 acres (Builder’s Remedy).
Location • Located within the boundaries of an incorporated municipality or U.S. Census urban area.
Urban Infill Context • Previously developed with an urban use; • At least 75% of the perimeter of the site adjoins parcels that are developed with urban uses;
• At least 75% of the area within a one-quarter mile radius of the site is developed with urban uses; or
• For sites with four sides, at least three out of four sides are developed with urban uses , and at least two -thirds of the perimeter of the site adjoins parcels that are developed with urban uses.
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CRITERION DETAILED STANDARD
Plan/Zoning
Consistency
• Must be consistent with local General Plan and Zoning Ordinance/Precise Plans as well as any applicable local coastal program;
• If the Zoning and General Plan are not consistent with one another, a project shall be deemed consistent with both if the project is consistent with one; and
• The approval of a density bonus, concessions, waivers, and reduced parking ratios pursuant to State Density Bonus Law shall not be grounds for determining that the project is inconsistent with the applicable General Plan, Zoning
Ordinance, or local coastal program.
Minimum Density • ≥50% of default Housing Element density (15+ units per acre in Mountain View).
Use Restrictions • No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging except a
residential hotel per California Health and Safety Code Section 50519 and short-term lodging; and
• The project does not require demolition of historic structures listed on a national, state, or local historic register before the submittal date of the project’s preliminary application.
Environmental
Conditions
• Not located on a hazardous waste site pursuant to
Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section
25356 of the Health and Safety Code
(subject to limited exceptions).
Other Criteria • Not located in a coastal zone;
• Not located on areas of prime farmland or farmland of statewide importance;
• Not located on wetlands;
• Not located within a very high fire hazard severity zone; • Not located within a delineated earthquake fault zone; • Not located within a special flood hazard area subject to inundation by the 1% annual chance flood (100 -year flood) or a regulatory floodway; and
• Not located on lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan, protected habitat, or lands under conservation easement.
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Projects qualifying for a statutory exemption under AB 130 remain subject to the local development review process with new requirements for both developers and local jurisdictions.1 Developers are subject to new labor standards (prevailing wages and a skilled work force) for 100% affordable housing projects and buildings over 85’ tall. Developers must comply with specific air quality standards for project sites near freeways and sp ecific requirements when recognized environmental conditions are found on the site (e.g., complete a preliminary endangerment assessment, remove or mitigate hazardous substance releases, and/or mitigate the potential for exposure to significant hazards from surrounding properties or activities) before projects may be occupied. Local jurisdictions must also engage in a consultation process with Native American tribes.
2 AB 130 and SB 158 also amended the Permit Streamlining Act (PSA), Government Code Section 65920, et seq. , to add mandatory timelines for the City to approve or disapprove qualifying “infill” development projects within 30 days from the conclusion of the objective standards consistency analysis or the conclusion of the tribal consultation process, whichever i s later (Gov. Code , § 65950(a)(7)). This time limit may be extended once by mutual written agreement of the project applicant and the City for a period not to exceed 90 days from the date of the extension. (Gov. Code, § 65957.) A project is deemed approved if a final action is not taken within these time frames (Gov. Code, §§ 65956(b); 65957).
The most pressing reason to adopt these amendments at this time is to avoid the risk of projects being deemed approved by ensuring that the City can act on, and place appropriate conditions of approval on, development projects whose statutory approval deadlines are incompatible with existing City procedures, particular ly the multi -hearing approval process currently required for many projects.
Administrative Versus Ministerial Approval
The January 27, 2026 staff report used the term “ministerial” to describe the recommended approval process without a public hearing for projects subject to the statutory exemption provided in AB 130. A ministerial approval process is one that requires no discretion and relies solely on evaluating a project against adopted objective standards. Ministerial approvals do not require a hearing and are not subject to CEQA. At this time, staff is not proposing a ministerial approval process. Rather, staff is reco mmending an “administrative” approval process because of several challenges associated with adopting ministerial approval procedures within the time constraints of the current ordinance amendment process. Notably, more time is needed to
1 Applicants for projects deemed complete before July 1, 2026 were obligated to notify the City that the project is eligible for the AB 130 CEQA exemption. For projects deemed complete after that date, the City is required to determine eligibility and follow the procedures of AB 130 independent of any applicant request. 2 Developers may be included in such consultation with the approval of the tribes and must comply with the confidentiality requirements of state law and tribal standards. 154
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address various exception processes that currently rely on discretionary determinations in Precise Plans , Below-Market-Rate (BMR) housing standards, and privately owned, publicly accessible (POPA) open space standards, among others. In these cases, discretion must still be exercised, which requires there to be an administrative approval process instead of a ministerial approval process. Staff will continue working on a ministerial approval process for projects subject to the statutory exemption provided in AB 130.
Staff’s assessment is that the recommended administrative approval process will accomplish the spirit and intent of Council’s direction on January 27, 2026 , until such time as staff can perform the further work needed to prepare additional ordinance amendments to achieve a ministerial approval process. Table 3 compares ministerial and administrative actions.
Table 3: Ministerial and Administrative Approvals
ADMINISTRATIVE MINISTERIAL
Approval
Process
Staff-level, hearing conducted
only if City receives a timely
request for hearing.
Staff-level, no hearing.
Discretion Staff must make required
findings for approval, and is
empowered to reduce
development standards or
implement exceptions where
allowed by the City Code/Precise
Plans and in furtherance of
established City goals and
policies.
Approval is a “check-the-box”
exercise to determine compliance.
CEQA CEQA applies. The administrative
approval process only applies to
housing development projects
that qualify for the statutory
residential infill exemption under
AB 130 (codified at Public
Resources Code Section
21080.66).
CEQA does not apply to ministerial
actions.
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After evaluating both options, staff recommends the administrative approval process at this time for the following reasons:
• A fully ministerial approval framework would require the City to eliminate all sources of discretion within the development review process for housing development projects subject to the AB 130 statutory exemption and rely exclusively on objective development standards. While relying solely on objective development and design standards for housing project review is a goal for the City, staff has determined that transitioning to a ministerial process would require additional analysis and code amendments t o identify discretionary provisions and develop enforceable objective standards that achieve the same regulatory outcomes.
For example, the East Whisman Precise Plan allows flexibility in the application of frontage types (such as storefronts, arcades, and dooryards) and new connections, provided the project meets the intent of the standards and is approved through the review process.
Other examples include the Heritage tree removal findings and the POPA open space requirements.
Converting these provisions to a fully ministerial framework would require removing such discretionary elements and replacing them with clearly defined, objective criteria. These types of modifications would require area- and topic-specific analyses that are not feasible to complete within the current amendment timeline.
• The administrative approval process allows staff the opportunity to approve case -by-case exceptions to development standards where allowed by the City Code or applicable Precise Plan and in furtherance of established City goals and policies. For example, many P recise Plans include provisions that allow exceptions to development standards if the exception meets the purpose and intent of the P recise Plan. This provides additional flexibility for development projects that do not strictly meet objective standards.
If Council adopts the proposed ordinance to establish an administrative approval process for housing development projects subject to the AB 130 statutory CEQA exemption, the following two projects are likely to be among the first to utilize the new process:
• 1919-1933 Gamel Way, 574 Escuela Avenue & 1970 Latham Street (1920 Gamel Way).
Six-story, 216 condominium unit residential development with underground parking and vacation of a public street (Gamel Way), replacing 29 rental units, on a 2.3-acre project site.
The project includes the removal of 12 Heritage trees . This project is located on the southwest corner of Gamel Way and Escuela Avenue in the R3 -1 (Multiple -Family Residential) Zoning District.
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In addition to administrative approval of a Planned Unit Development Permit, Development Review Permit, Heritage Tree Removal Permit, and Vesting Tentative Map, the project will require Council to approve a street and easement vacation of a portion of Gamel Way in compliance with statutory procedural requirements. The project is being processed under the Builder’s Remedy provisions of the Housing Accountability Act.
• 355-415 East Middlefield Road.
Two new residential buildings, replacing approximately 85,000 square feet of existing office and research buildings: a six-story residential building with 116 BMR apartment units and an above-grade parking level, and a seven -story residential building with 576 apartment units and three levels of structured parking (including one basement and two above-grade levels). The project includes the removal of 19 Heritage trees . This project is located on the south side of East Middlefield Road, between Ellis Street and North Whisman Road, in the P(41) East Whisman Precise Plan Zoning District
In addition to administrative approval of a Planned Community Permit , Development Review Permit , Heritage Tree Removal Permit, and Vesting Tentative Parcel Map , the project will require approval of an Alternative Mitigation Proposal to satisfy BMR requirements.
Project Review Process and Noticing
On January 27, 2026, the City Council requested staff include a courtesy public notice as part of the ministerial review process for housing development projects eligible for the AB 130 statutory exemption. Until the Council adopts a ministerial approval process, staff proposes that the Council adopt an administrative approval process that provides public notice and an opportunity for a hearing . Incorporating a public notice will ensure property owners and residents surrounding a project site are made aware of the forthcoming development. It will also afford notice recipients the opportunity to provide written comments and request a hearing.
To enable this opportunity, the proposed Section 36.44.75(c) includes noticing requirements for qualifying AB 130 development projects approved under the proposed project review process, as follows:
1. Application Submittal: The applicant submits a development application.
2. Completeness Review : Staff reviews the application for completeness within the time frame required by state law. Staff notifies the applicant if additional materials are required.
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3. Tribal Notifications : Within 14 days of the application for the project being deemed complete, staff provides notification to applicable tribal representatives in accordance with state law. Tribes must respond within 60 days, and the City must initiate consultation within 14 days of receiving a tribe’s election to consult. The consultat ion must conclude within 45 days and may be extended by 15 days by tribal request.
4. Noticing: Concurrent with the tribal notifications, staff prepares and distributes notices to property owners and occupants within the noticing radius identified in Section 36.56.20 (Notice of hearing) of the City Code as well as to other interested parties. Such notices would include a deadline to request a hearing. Staff review for consistency with applicable objective standards also begins concurrently with tribal notifications.
5. Public Comment Period (Notice and Opportunity for Hearing): Recipients of the notice are provided a 14-day period to submit written comments and/or request a hearing.
6. Notice of Hearing (if requested): If the Community Development Director receives a timely request for a hearing, staff distributes notices to property owners and occupants within the noticing radius identified in Section 36.56.20 (Notice of hearing) of the City Code as well as to other interested parties, indicating the time and location of the hearing not less than 14 days prior to the hearing.
7. Hearing (if requested): If the Community Development Director receives a timely request for a hearing, a hearing will be conducted at the time and location provided on the notice.
If no timely requests for a hearing are received, no hearing will be held.
8. Project Decision: A decision to approve or disapprove the project must be made within 30 days of the later time frame of the conclusion of tribal consultation (Step 3, above) or the objective standards consistency analysis (Step 4 , above). This time limit may be extended once by mutual agreement of the applicant and the City for a period not to exceed 90 days from the date of the extension.
9. Appeal: Any decision of the Community Development Director may be appealed to the Council and must be submitted within ten (10) days following the date of emailing or mailing of the findings, in accordance with the City Code.
In addition to the notice provided to the community, staff will also provide quarterly updates to the City Council on those AB 130 project applications received and those acted upon (approved, approved with conditions, or disapproved) since the last quarterly update. 158
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Summary of Proposed Amendments
1. AB 130 Amendments
As summarized in Table 4 , the amendments establish administrative procedures for streamlined approval of qualifying housing project applications. For consistency within the City Code and to align with the proposed amendments to Chapter 36 (Zoning) (Attachment 1), Attachment 2 includes amendments to Chapter 28 ( Subdivisions) and Chapter 41 (Park Land Dedication or Fees In Lieu Thereof). The amendments to Chapter 28 establish a corresponding administrative review and approval process for preliminary parcel maps and tentative maps associated with qualifying housing developments. In addition, the amendments to Chapter 41 establish an administrative review and approval process for POPA credit applicable to such projects, thereby ensuring a streamlined and coordinated review framework across related entitlement procedures.
CITY CODE CHAPTER 28 (SUBDIVISIONS) AMENDMENT DESCRIPTION Article I - General Subdivision Provisions,
Section 28.1.35. - Definitions
Add a definition of “community
development director,” who shall
constitute the advisory agency authorized
to approve, conditionally approve, or
disapprove preliminary parcel maps and
tentative parcel maps related to AB 130
housing developments.
Article III - Preliminary Parcel Maps, Urban
Lot Splits and Tentative Maps,
Division 1 - Preliminary Parcel Maps,
Section 28.3.25. - Procedures for review
and decision of preliminary parcel maps
Update language to clarify administrative
review and approval procedures for
preliminary parcel maps related to AB 130
housing developments.
Article III - Preliminary Parcel Maps, Urban
Lot Splits and Tentative Maps,
Division 3 - Tentative Maps,
Section 28.3.20. - Procedures for review
and decision of tentative maps
Update language to clarify administrative
review and approval procedures for
tentative parcel maps related to AB 130
housing developments.
Article XV - Administrative Review of
Preliminary Parcel Maps and Tentative
Maps
Add a new administrative review process
for subdivision maps associated with
qualifying housing developments.
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Table 4: Summary of Proposed Amendments Related to AB 130
CITY CODE CHAPTER 36 (ZONING) AMENDMENT DESCRIPTION
Article XIV - Affordable Housing Program,
Division 3 - Commercial and Industrial
Development: Housing Impact Fee
Program
Update language to allow administrative
approval of alternatives to, as well as
adjustments, reductions, or waivers of,
housing impact fees for nonresidential
projects subject to AB 130.
Article XVI - Zoning Ordinance
Administration,
DIVISION 1 - Authority for Land Use and
Zoning Decisions
Update review authority for AB 130 housing
developments and related approvals.
Article XVI - Zoning Ordinance
Administration,
Division 2 - Development Review Process
• Add AB 130 housing development
approvals under “administrative
procedures.”
• Add administrative review and approval
procedures for housing projects that are
statutorily exempt from CEQA pursuant
to Public Resources Code Section
21080.66 (i.e., AB 130), including
applicability, findings, noticing, and
others. No permits from Chapter 36,
other than a development review
permit, shall be required.
CITY CODE CHAPTER 41 (PARK LAND
DEDICATION OR FEES IN LIEU THEREOF) AMENDMENT DESCRIPTION Section. 41.11. - Credit,
Subsection f. - Housing developments
subject to administrative approval
Update the POPA open space and historic
resource credits approval process to allow
administrative approval for AB 130 housing
developments.
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2. Other Minor Amendments to Chapter 36 (Zoning) of the City Code
Staff is incorporating additional amendments in response to Council input and questions associated with the February 24, 2026, Council hearing, when Council considered the small business streamlining and other minor Zoning Code updates. The additional proposed amendments implement various state legislation, including:
• AB 752 (2024-2025) (Child daycare facilities), codified at Health and Safety Code Section 1597.22: Requires a child -care center, when co -located with multi -family housing, to be considered a residential use of the property and a by-right use, subject to the same development standards that apply to the residential use.
• SB 234 (2019-2020) (Family daycare homes), codified at Health and Safety Code Section 1597.42: Requires large- and small-family child-care homes, operated under the standards of state law, in a residentially zoned area to be considered a residential use of the property and a by-right use within the residence of the provider, subject to the same development standards that apply to the residential use.
• AB 2162 (2017-2018) (Supportive Housing By‑Right Act), codified at Government Code Section 65583: Requires supportive housing that meets the requirements of Government Code Section 65650 to be permitted by right in zones where multi-family and mixed uses are allowed, including nonresidential zones permitting multi -family uses, subject only to objective standards consistent with state law.
• AB 101 (2019-2020) (Low-barrier navigation centers ), codified at Government Code Section 65660, et seq.: Requires these facilities to be a use by right in areas zoned for mixed-use and nonresidential zones permitting multi-family residential development.
To comply with the intent of this legislation, a new heading was added to the residential and commercial land use tables: “Residential Accessory Uses.” This heading distinguishes uses that are allowed by right within or accessory to dwelling units on the site (such as accessory dwelling units, family child-care homes, and accessory dwelling units) from uses that are allowed whether or not there are dwelling units on the site (such as churches, child- care centers, or commercial uses within commercial zones ). In addition, the redundant language within the General Plan Mixed -Use Village Center Development standards has been removed.
Additionally, clarifying language has been added to the commercial land use table to specify that supportive housing meeting the requirements of Government Code Section 65650 is permitted by right in zones where multi -family or mixed uses are allowed, cons istent with state law. Definitions for supportive housing and transitional housing were also updated to 161
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specify that these uses are as defined in state law and are subject to the same standards as residential uses, consistent with Government Code Section 65583(c)(3). Table 5 contains a summary of these amendments.
Table 5: Other Amendments to Chapter 36
CITY CODE SECTION AMENDMENT DESCRIPTION
Article IV - Residential Zones,
Division 2 - Land Uses
• Add new land use heading “Residential
Accessory Uses” to identify uses that are only
allowed within or accessory to dwelling units.
• Add “Child-care center co-located with
multiple family development” as a permitted
use where multiple-family development is
allowed, pursuant to AB 752.
Article V - Commercial Zones,
Division 2 - Land Uses
• Add new land use heading “Residential
Accessory Uses” to identify uses that are only
allowed within or accessory to dwelling units.
• Add “Child-care center co-located with
multiple family development” as a permitted
use where multiple-family development is
allowed, pursuant to AB 752.
• Permit large- and small-family child-care uses
within dwelling units where residential is
allowed, pursuant to SB 234.
• Permit low-barrier navigation centers by right
in the CO Zoning District.
• Add clarification that supportive housing that
meets the requirements of Government Code
Section 65650 shall be a use by right in zones
where multi-family and mixed uses are
permitted, in accordance with state law.
Supportive housing that does not meet the
requirements of Government Code Section
65650 shall apply the permit requirements in
the Code.
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CITY CODE SECTION AMENDMENT DESCRIPTION
Article IX - Standards for Specific
Land Uses,
Division 5 - Child Day-Care Facilities
• Allow small- and large-family child-care
facilities within any dwelling unit and subject to
the development standards applicable to
residential uses, pursuant to SB 234.
• Allow child-care centers to be co-located on
multi-family residential development and
subject to development standards applicable to
residential uses, pursuant to AB 752.
• Modify language to be consistent with the
language and definitions elsewhere in the
ordinance. For example, changing “child day-
care facilities” to “child-care facilities.”
Article IX - Standards for Specific
Land Uses,
Division 23 - General Plan Mixed-
Use Village Center Developments
Update the allowed residential use standards to
eliminate redundancy and potential
inconsistencies regarding the residential accessory
uses that may be allowed in General Plan Mixed-
Use Village Center developments.
ARTICLE XVII - Definitions,
Division 2 - Definitions
Update the definition of “supportive housing” and
“transitional housing” to clarify that the use is as
defined in state law and subject to the same
standards as residential, consistent with
Government Code Section 65583(c)(3).
3. Other Minor Code Amendments to Chapter 28 (Subdivisions) and Chapter 41 (Park Land Dedication or Fees In Lieu Thereof)
Additional amendments to Chapter 28 and Chapter 41 achieve greater consistency with state laws and within the City Code, improve usability, and align the City Code with current procedures and practices. Table 6 below summarizes these amendments , which are included in Attachment 2.
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Table 6: Other Amendments to Chapter 28 and Chapter 41
CITY CODE CHAPTER 28 (SUBDIVISIONS) AMENDMENT DESCRIPTION Article I - General Subdivision Provisions
• Section 28.1.15. - Transactions
voidable
• Section 28.1.20. - Issuance of permits
Article II - Environmental and Planning
Finding
• Section 28.2. - Mandatory findings
• Section 28.2.05. - Permissive findings
• Section 28.2.10. - Environmental
findings
• Section 28.2.15. - Compliance with
tentative map
Update decision-making authority references
(e.g., replacing or clarifying “city council”
versus “approval body or official”) and clarify
consistency, denial, and compliance findings
for subdivision maps to align with current
procedures and state law.
Article I - General Subdivision Provisions
• Section 28.1.35. - Definitions
• Update and expand definitions, including
clarification of roles (e.g., community
development director), advisory body
responsibilities, and subdivision-related
terms.
• R emove duplication and align terminology
with the Subdivision Map Act and City Code
structure.
Article III - Preliminary Parcel Maps,
Urban Lot Splits and Tentative Maps,
Division 1 - Preliminary Parcel Maps
• Section 28.3.05. - Filing
Update filing requirements to allow electronic
submittal of subdivision applications and maps
to align with the Subdivision Map Act.
Article III - Preliminary Parcel Maps,
Urban Lot Splits and Tentative Maps,
Division 1 - Preliminary Parcel Maps
• Section 28.3.20. - Content
Division 2 - Urban Lot Splits
• Section 28.4.15. - Content
Division 3 - Tentative Maps
• Section 28.5.15. - Content
Update to align and standardize required map
content across preliminary parcel maps, urban
lot splits, and tentative maps, including
Heritage tree information requirements.
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CITY CODE CHAPTER 28 (SUBDIVISIONS) AMENDMENT DESCRIPTION Article III - Preliminary Parcel Maps,
Urban Lot Splits and Tentative Maps,
Division 1 - Preliminary Parcel Maps
• Section 28.3.25. - Procedures for
review and decision of preliminary
parcel maps
• Section 28.5.20. - Procedures for
review and decision of tentative maps
Update to align review procedures and
hearing/referral processes, including City
Council or Environmental Planning Commission
actions and maps subject to development
agreement.
Article IV - Parcel Maps and Final Maps,
Division 2 - Final Maps
• Section 28.7.25. - Approval and
recording of the final map
Update final map review procedures to align
with the Subdivision Map Act.
Article V - Design Standards,
Division 1 - General
• Section 28.8. - Applicability
• Section 28.8.20. - Street widths
Division 2 - Utilities
• Section 28.9. - Utilities
Update decision-making authority references.
Article VII - Residential Condominium
Conversions
• Section 28.12.10. - Permit
• Section 28.12.20. - Process
• Section 28.12.30. - Design and safety
standards for conversions
Update code references.
Article VII - Commercial and Industrial
Condominium Conversions
• Section 28.13.10. - Permit
• Section 28.13.20. - Process
• Section 28.13.30. - Design and safety
standards for conversions
Update code references.
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CITY CODE CHAPTER 41 (PARK LAND
DEDICATION OR FEES IN LIEU THEREOF) AMENDMENT DESCRIPTION Section 41.11. - Credit
• Subsection a.2.(a).ii and iii
• Subsection a.2.(a).(vi), Table 41.11 -
Open Space Credit Elements
• Subsection a.2.(b) - Alternate
proposals
Update plan references (e.g., updating the
name for the Parks and Recreation Strategic
Plan) and clarification of POPA access
requirements.
ENVIRONMENTAL REVIEW
The proposed text amendments to the City Code are not a project under CEQA and the CEQA Guidelines, pursuant to Public Resources Codes Section 21065 and CEQA Guidelines Section 15378, because they do not approve a project or result in a direct physical impact on the environment or contemplate a known future project, and, as such, there are no known environmental impacts at this time. As a separate and independent basis, adoption of the amendments is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the amendments are related to: (1) state legislation; (2) permit procedural changes or clarifications w ith no substantive changes to allowable land uses within existing Zoning Districts; and (3) are otherwise covered by the common- sense exemption whereby it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment.
Future development projects would be evaluated for CEQA compliance, including potential eligibility for the statutory exemption established by AB 130.
FISCAL IMPACT
Adoption of the proposed ordinances would result in a minor positive fiscal impact to the City.
Certain administrative costs associated with the public hearing process that are not recovered from project applicants, including City Clerk’s Office staff time related to agenda publication, would be eliminated. In addition, more efficient processing and approval of development projects could facilitate earlier project completion and occupancy, potentially accelerating the receipt of property tax and other development-related revenues to the City.
LEVINE ACT
California Government Code Section 84308 (also known as the Levine Act) prohibits city officials from participating in any proceeding involving a “license, permit, or other entitlement for use” if the official has received a campaign contribution exceeding $500 from a party, participant, or 166
City Code Amendments to Allow Streamlined Administrative Approval for Housing Development Projects Utilizing Assembly Bill 130 and Other Minor Updates May 26, 2026
agent of a party or participant within the last 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to- play-limits-and-prohibitions.html.
Please see below for information about whether the recommended action for this agenda item is subject to or exempt from the Levine Act.
EXEMPT FROM THE LEVINE ACT
☒ General policy and legislative actions
CONCLUSION
The proposed City Code amendments implement City Council direction and are intended to support compliance with state law and Housing Element Programs 1.1 and 4.1. These amendments establish a review process for qualifying projects aligned with the timelin es mandated by state law while maintaining compliance with the City’s development standards.
They also clean up and clarify sections of the City Code, improving internal consistency and compliance with state law.
ALTERNATIVES
1. Adopt the proposed text amendments to the City Code with modifications.
2. Disapprove the proposed text amendments and retain the existing Code language. This alternative could increase the potential that projects may be deemed approved if the City cannot take final action within the timelines prescribed in the Permit Streamlining Act.
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City Code Amendments to Allow Streamlined Administrative Approval for Housing Development Projects Utilizing Assembly Bill 130 and Other Minor Updates May 26, 2026
PUBLIC NOTICING
The City Council meeting is advertised on Channel 26, and the agenda and this report appear on the City’s website. A newspaper notice has been published for this meeting. Electronic notices were sent to other interested stakeholders, including those who signed up on the Housing Element.
Prepared by:
Diana Pancholi
Principal Planner
Eric Anderson
Advanced Planning Manager
Reviewed by:
Amber Blizinski
Assistant Community Development Director
Jennifer Ng
Public Works Director
John Marchant
Community Services Director
Wayne Chen
Housing Director
Approved by:
Christian Murdock
Community Development Director
Kimbra McCarthy
City Manager
Attachments: 1. Draft Ordinance Amending Chapter 36
2. Draft Ordinance Amending Chapter 28 and Chapter 41
3. City Council Report dated January 27, 2026
4. Environmental Planning Commission Report dated April 15, 2026
5. Public Comment
168
Attachment 1
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW
AMENDING CHAPTER 36 (ZONING) OF THE MOUNTAIN VIEW CITY CODE TO AUTHORIZE
STREAMLINED ADMINISTRATIVE APPROVAL OF HOUSING DEVELOPMENT PROJECTS THAT ARE
STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.66; AND TO MAKE OTHER MINOR MODIFICATIONS TO CHAPTER 36 TO ALIGN LAND USES IN THE RESIDENTIAL AND COMMERCIAL ZONES WITH STATE LAWS; AND FINDING THAT THE AMENDMENTS ARE EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS RECOMMENDED BY
THE ENVIRONMENTAL PLANNING COMMISSION
WHEREAS, City staff periodically reviews and updates Chapter 36 (Zoning Ordinance) of the Mountain View City Code (City Code) for consistency with state regulations and to improve internal consistency, usability, and permit ting procedures to align with best practices or regulatory changes; and
WHEREAS, the 2023- 2031 Housing Element includes Program 1.1 (Zoning Ordinance Update for Consistency with State Laws) to update the Zoning Ordinance to address consistency with future state laws and Program 4.1 (b) (Development Streamlining and Processing Revisions) to review development and post-development processes, timelines, and approval body levels to streamline permitting processes; and
WHEREAS, on June 30, 2025, the Governor signed Assembly Bill (AB) 130 , which made numerous significant changes to state housing law, including significant reforms to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (CEQA); and
WHEREAS, AB 130 established a new statutory CEQA exemption, which exempts qualifying “infill” projects that meet specific criteria from CEQA review (codified at Public Resources Code Section 21080.66); and
WHEREAS, AB 130 and Senate Bill (SB) 158 amended the Permit Streamlining Act (Government Code Section 65920, et seq.) to add mandatory timelines for the City to approve or disapprove qualifying “infill” projects within 30 days from the conclusion of the objective standards consistency analysis or the conclusion of the tribal consultation process, whichever is later; and
WHEREAS, pursuant to Government Code Section 65 956, in the event the City fails to approve or disapprove a development project within the time frames above, the project is deemed approved; and
169
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WHEREAS, on January 27, 2026, the City Council directed staff to prepare updates to the City Code to allow ministerial approval of housing development projects that qualify for the new statutory CEQA exemption pursuant to Public Resources Code Section 21080.66, without a public hearing, and staff is proposing an administrative process to consider such projects until staff has an opportunity to develop a fully ministerial process; and
WHEREAS, the City seeks to amend the City Code to codify administrative review procedures for projects eligible for the new statutory CEQA exemption under Public Resources Code Section 21080.66 (AB 130) to facilitate the production of housing, including affordable housing, consistent with the goals of the City’s Housing Element and state housing policy; and
WHEREAS, other minor clean -up amendments to the City Code will support clarity and consistency with state laws related to child-care centers, family child-care homes, and low-barrier navigation centers; and
WHEREAS, the City has complied with the procedures and requirements set forth in Government Code Section 65853, et seq., and Section 36.52.40, et seq. (Zoning amendments), of the City Code; and
WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on April 15, 2026, and recommended that the City Council adopt text amendments to Chapter 36 (Zoning) of the City Code; and
WHEREAS, the City Council held a public hearing on May 26, 2026 on this Ordinance and received and considered all information, documents, and comments presented at said hearing regarding amendment(s) to Chapter 36, including the recommendation from the Environmental Planning Commission, the City Council report, and project materials; now, therefore,
THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council hereby makes the findings for text amendments to Chapter 36 (Zoning) pursuant to Section 36.52.70 of the City Code:
a. The proposed amendment(s) is consistent with the General Plan. The proposed amendments to the Zoning Ordinance are consistent with the General Plan because the amendments implement Program 1.1 and Program 4.1(b) in the Sixth Cycle 2023 -2031 Housing Element to ensure consistency with state laws and streamline permitting processes . They are consistent because they do not modify development density or intensity , which are the regulations typically under the purview of the General Plan, and they are consistent with General Plan Policy LUD 1.1 (Efficient and effective processes ) as the changes allow streamlined review and approval procedures for qualifying housing development projects;
b. The proposed amendment(s) would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed amendments would not be 170
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detrimental to the public interest, health, safety, convenience, or welfare of the City because the amendments would streamline review of housing developments , resulting in increased opportunities for housing in the City , and they would ensure the City can act in a timely fashion to approve with conditions or disapprove any development project that would be detrimental to the public interest, health, safety, convenience, or welfare of the City;
c. The proposed amendment(s) is internally consistent with Chapter 36 of the Mountain View City Code. The proposed amendments are internally consistent with Chapter 36 (Zoning) of the Mountain View City Code because the amendments utilize an existing review authority (administrative/director-level) to approve housing developments that qualify for the statutory CEQA exemption under Public Resources Code Section 21080.66 (AB 130) . Additional amendments to the Zoning Code improve clarity and consistency with state law by clarifying that certain uses are allowed by right when operated accessory to residential uses and improve internal consistency; and
d. The proposed amendment(s) is in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed amendments are not a project under CEQA and the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000, et seq.), pursuant to Public Resources Codes Section 21065 and CEQA Guidelines Section 15378, because they do not approve a project or result in a direct physical impact on the environment or contemplate a known future project, and, as such, there are no known e nvironmental impacts at this time. As a separate and independent basis, adoption of the amendments is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3). The amendments do not preclude implementation of Public Resources Code Section 21080.66, which establishes the statutory CEQA exemption for qualifying “infill” development projects. Other amendments do not result in substantive changes to allowable land uses within existing Zoning Districts . These amendments are , therefore, subject to the common- sense exemption as it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment.
SECTION 2. Chapter 36 (Zoning), Article IV (Residential Zones), Division 2 (Land Uses), Section 36.10.05 (Residential zone land uses and permit requirements) of the City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 36.10.05. - Residential zone land uses and permit requirements.
The uses of land allowed by this Chapter in each residential zoning district are identified in the following tables as being:
a.
Permitted subject to compliance with all applicable provisions of this Chapter, including development review where required and parking requirements, and subject to 171
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obtaining any building permit or other permit required by the C city Ccode ( “P” uses on the tables).
b. Allowed subject to approval of a conditional use permit (“CUP”) (Sec. 36.48).
c.
Allowed subject to approval of a temporary use permit (“TUP”) (Sec. 36.46).
d.
Allowed subject to approval of a planned unit development permit ( “PUD”) (Sec. 36.46.70).
e.
Allowed subject to approval of a mobile home park permit (“MHPP”) (Sec. 36.48.35).
Land uses that are not listed on the table for a particular zoning district are not allowed in that district, except where otherwise provided by Section 36.06.40 (Determination of allowable land uses) or Section 36.06.50 (Exemptions from zoning permit requirements).
LAND USES AND PERMIT REQUIREMENTS BY RESIDENTIAL DISTRICT
NOTE: Where the last column on the following tables (“See Section”) includes a section number, the regulations in the referenced section apply to the use and/or a specific definition; however, provisions in other sections may apply as well.
LAND USE PERMIT REQUIREMENTS BY ZONE
R1 R2 R3 RMH R4 SEE SECTION
AGRICULTURAL
Crop production P P P P P
Small animal-
keeping
P P P P P 36.12.55.g.
EDUCATION, PUBLIC ASSEMBLY, AND RECREATION
Child-care centers CUP CUP CUP CUP CUP 36.28.20;
36.60.09 Child-care facilities,
large-family
P P P P P 36.28.20;
36.60.09 Child-care facilities,
smallfamily
P P P P P 36.28.20;
36.60.09 Community
assembly
CUP CUP CUP CUP CUP 36.60.09
Public recreation P P P P P 36.60.35
Recreational
vehicle (RV) parks
CUP 36.60.39
Religious
institutions
CUP CUP CUP CUP CUP 36.60.39
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LAND USE PERMIT REQUIREMENTS BY ZONE
R1 R2 R3 RMH R4 SEE SECTION
Schools – public
and private
CUP CUP CUP CUP CUP 36.60.41
PUBLIC SAFETY FACILITIES, TRANSPORTATION, AND UTILITIES Parking lot or area,
public (not
accessory to
residential)
CUP CUP CUP CUP CUP 36.60.35
Pipelines and utility
lines
P P P P P 36.60.35
Public safety
facilities
CUP CUP CUP CUP CUP 36.60.35
Public utility
facilities
CUP CUP CUP CUP CUP 36.60.35
RESIDENTIAL
Accessory dwelling
unit
P P P P P Article IV,
Division 10;
36.60.05 Accessory uses and
structures
P P P P P Article IV,
Division 9;
36.60.05 Dual urban
opportunity
development
P Article IV,
Division 11;
36.60.11 Duplexes P P P Article IV,
Division 4;
36.60.11 Employee housing1 P P P P P 36.60.13
Home occupations,
cottage food
operations,
microenterprise
home kitchen
operations
P P P P P Article IX,
Division 11;
36.60.09;
36.60.19;
36.60.29 Junior accessory
dwelling unit
P P P P P Article IV,
Division 10;
36.60.23 Mobile home parks MHPP MHPP MHPP MHPP MHPP Article IV Division 7;
36.60.29 Manufactured
housing
P P P P P 36.12.30
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LAND USE PERMIT REQUIREMENTS BY ZONE
R1 R2 R3 RMH R4 SEE SECTION
Mobile home,
single
P P P P P 36.12.30;
36.60.29 Multiple-family
housing
development
CUP P P R2 District:
Article IV,
Division 4;
R3 District:
Article IV,
Division 5; R4
District:
Article IV,
Division 6;
36.60.29 Residential care
home2
P P P P P 36.60.39
Rooming and
boarding house or
lodging house
CUP CUP CUP CUP CUP 36.60.39
Rooming and
boarding house or
lodging house, 2
persons maximum
P P P P P 36.10.85;
36.60.39 Rowhouse
development
PUD PUD PUD Article IV,
Division 15;
36.60.39 Senior care facility CUP CUP CUP CUP 36.60.41 Senior congregate
care housing
CUP CUP CUP
Single-family house
or dwelling
P P P P P 36.60.41
Small-lot, single-
family
development
PUD PUD PUD Article IV,
Division 13;
36.60.41 Supportive housing P P P P P 36.60.41
Transitional
housing
P P P P P 36.60.43
Townhouse
development
PUD PUD PUD Article IV,
Division 14;
36.60.43 174
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LAND USE PERMIT REQUIREMENTS BY ZONE
R1 R2 R3 RMH R4 SEE SECTION
RESIDENTIAL ACCESSORY USES—These uses are only allowed when located within or accessory to dwelling units.
Accessory dwelling
unit
P P P P P Article IV,
Division 10;
36.60.05 Accessory uses and
structures
P P P P P Article IV,
Division 9;
36.60.05 Boarding or lodging
house
CUP CUP CUP CUP CUP 36.60.07
Boarding or lodging
house, two (2)
persons maximum
P P P P P 36.10.85;
36.60.07 Child-care center
co-located with
multiple-family
development
P P P 36.28.20;
Article IX,
Division 23;
36.60.09 Child-care facilities,
large-family
P P P P P 36.28.20;
36.60.09 Child-care facilities,
small-family
P P P P P 36.28.20;
36.60.09 Home occupations,
cottage food
operations,
microenterprise
home kitchen
operations
P P P P P Article IX,
Division 11;
36.60.09;
36.60.19;
36.60.29 Junior accessory
dwelling unit
within a single-
family dwelling
P P P P P Article IV,
Division 10;
36.60.23 Small animal-
keeping
P P P P P 36.12.55.g.
SERVICES
Cemeteries,
columbariums
(with church)
CUP CUP CUP CUP CUP 36.28.15;
36.60.09 Medical services,
extended care
CUP CUP CUP 36.60.29
Offices, property
management
CUP P P P 36.60.33
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LAND USE PERMIT REQUIREMENTS BY ZONE
R1 R2 R3 RMH R4 SEE SECTION
Offices, temporary
real estate
TUP TUP TUP TUP TUP Article XVI,
Division 3;
36.60.33 OTHER USES
Safe parking3 CUP CUP CUP CUP CUP Article IX,
Division 22;
36.60.41;
Chapter 19
Temporary uses TUP TUP TUP TUP TUP Article XVI,
Division 3
1 Subject to the same permitting requirements as a single-family dwelling. 2 Subject to the same requirements as a single -family dwelling or duplex if serving six (6) or fewer clients, or subject to the underlying zoning requirements if serving seven (7) or more clients.
3 Safe parking shall only be allowed on sites used for, and in conjunction with, the following uses in residential zones: churches; community centers; membership organization facilities; and schools, public and private.
KEY TO PERMIT REQUIREMENTS SYMBOL SEE
SECTION
Permitted use, zoning compliant P Article XVI,
Division 2
Conditional use, conditional use permit required CUP Article XVI, Division 6
Planned unit development, planned unit development
permit required
PUD Article XVI,
Division 5
Temporary use, temporary use permit required TUP Article XVI, Division 3
Mobile home park, mobile home park permit required MHPP Article XVI, Division 7
Use not allowed (blank)
SECTION 3. Chapter 36 (Zoning), Article V (Commercial Zones), Division 2 (Land Uses), Section 36.18.05 (Commercial zone land use permit requirements) of the City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
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SEC. 36.18.05. - Commercial zone land use permit requirements.
The uses of land allowed by this Chapter in each commercial zoning district are identified in the following tables as being:
a. Permitted subject to compliance with all applicable provisions of this Chapter, including development review and parking requirements, and subject to obtaining any building permit or other permit required by the city code (“P” uses on the tables). Per Section 36.44.45, development review approval is required for exterior building or site modifications.
b. Allowed subject to approval of a conditional use permit (“CUP”) (Sec. 36.48).
c. Allowed subject to approval of a temporary use permit (“TUP”) (Sec. 36.46).
d. Land uses listed, as specifically defined in this Chapter, and on the tables in a particular zoning district(s) shall only be allowed in the specific zoning district(s) in which it is listed. Such uses can only be allowed in other zoning district(s) upon approval of a text amendment as provided by Section 36.52.35 (Zoning amendments). These uses cannot be named as similar uses as determined by the zoning administrator through the conditional use permit process or Section 36.58.30 (Procedures for interpretation).
e. Land uses that are not listed on the tables are not allowed, except where otherwise provided by Section 36.06.40 (Determination of allowable land uses) or Section 36.06.50 (Exemptions from zoning permit requirements).
LAND USES AND PERMIT REQUIREMENTS BY COMMERCIAL DISTRICT
NOTE: Where the last column on the following tables ( “See Section”) includes a section number, there are specific regulations and/or a specific definition in the referenced section that apply to the use; however, provisions in other sections may apply as well.
LAND USE PERMIT REQUIREMENTS BY ZONE
CN CS CO CRA SEE SECTION
EDUCATION, PUBLIC ASSEMBLY, AND RECREATION
Adult entertainment
establishments
CUP 36.28.10; 36.60.05
Child-care centers CUP CUP CUP CUP 36.28.20; 36.60.09 Child-care facilities,
large-family
P 36.28.20; 36.60.09
Child-care facilities,
small-family
P 36.28.20; 36.60.09
Community assembly CUP CUP CUP 36.60.09
Cultural institutions CUP CUP CUP 36.60.09
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LAND USE PERMIT REQUIREMENTS BY ZONE
CN CS CO CRA SEE SECTION
Indoor recreation and
fitness centers—4,000
square feet or less
P P P 36.18.30; 36.60.21
Indoor recreation and
fitness centers—more
than 4,000 square feet
CUP CUP P 36.60.21
Learning center CUP CUP CUP P 36.60.27
Outdoor recreation CUP 36.60.33
Pool and billiard rooms CUP 36.60.35; Chapter
25 Public recreation P P P P 36.60.35
Religious institutions CUP CUP P 36.60.39
Schools—public CUP CUP CUP CUP 36.60.41
Schools—private CUP CUP CUP 36.60.41
Schools—specialized
education and training
CUP CUP CUP CUP 36.60.41
PROCESSING AND PRODUCTION
Food products P 36.60.15
Furniture and fixtures P 36.60.15
Laundry and dry-
cleaning plants
P 36.60.27
Printing and publishing P 36.60.35
Recycling facilities—
reverse vending
machines
CUP CUP CUP CUP Article IX, Division
13; 36.60.39
Recycling facilities—
small collection facility
CUP CUP CUP CUP Article IX, Division
13; 36.60.39
Wholesaling and
distribution
P 36.60.49
PUBLIC SAFETY FACILITIES, TRANSPORTATION, AND UTILITIES Hydrogen fueling
station
P P P P 36.30.120;
36.60.19 Pipelines and utility
lines
P P P P 36.60.35
Public safety facilities CUP P CUP CUP 36.60.35
Public utility facilities CUP P CUP CUP 36.60.35
Transit stations and
terminals
CUP CUP 36.60.43
RESIDENTIAL
Accessory dwelling unit P P P P Article IV, Division 10; 36.60.05
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LAND USE PERMIT REQUIREMENTS BY ZONE
CN CS CO CRA SEE SECTION
Accessory uses and
structures
P P P P Article IV, Division
9; 36.60.05
Efficiency studios CUP Article IX, Division
9; 36.60.13
General plan mixed-use
village center (only
where identified in the
general plan)1
CUP CUP CUP Article IX, Division
23; 36.60.17
Home occupations,
cottage food
operations,
microenterprise home
kitchen operations
P Article IX, Division
11; 36.60.19
Mobile home parks MHPP Article IV, Division
7; 36.60.29
Multiple-family housing
development,
townhouse
development,
rowhouse
development,
supportive housing,1
transitional housing or
mixed-use
commercial/housing
development
CUP Article IV, Division
14; Article IV,
Division 15;
36.18.50;
36.60.29;
36.60.39;
36.60.41; 36.60.43
Residential care home P P P P 36.60.39
RESIDENTIAL ACCESSORY USES—These uses are only allowed when located within or accessory to dwelling units.
Accessory dwelling unit P P P P Article IV, Division
10; 36.18.50;
Article IX, Division
23; 36.60.05
Accessory use or
structures
P P P P Article IV, Division
9; 36.60.05
Child-care facilities,
large-family
P P P P 36.28.20; 36.60.09
Child-care facilities,
small-family
P P P P 36.28.20; 36.60.09
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LAND USE PERMIT REQUIREMENTS BY ZONE
CN CS CO CRA SEE SECTION
Child-care center co-
located with multiple-
family development
P P P P 36.28.20; Article
IX, Division 23;
36.60.09 Home occupations,
cottage food
operations,
microenterprise home
kitchen operations
P P P P Article IX, Division
11; 36.60.19
RETAIL
Accessory retail uses P P P P 36.28.05; 36.60.05
Auto/motor vehicle,
boat, and parts sales
P CUP 36.30.25; 36.60.05
Bars CUP CUP 36.60.07
Building material stores
(not including concrete)
P CUP 36.60.07
Liquor stores CUP P 36.60.27
Outdoor retail sales,
permanent
CUP CUP 36.28.95; 36.60.33
Outdoor retail sales,
temporary
TUP TUP TUP TUP Article XVI,
Division 3;
36.60.33 Restaurant—4,000
square feet or less
P P P 36.18.30; 36.60.39
Restaurant—more than
4,000 square feet
P CUP P 36.60.39
Restaurant serving
liquor
CUP CUP P 36.60.39
Restaurant with
entertainment (serving
or not serving liquor)
CUP 36.60.39
Retail, general
merchandise—4,000
square feet or less
P P P 36.18.30; 36.60.39
Retail, general
merchandise—more
than 4,000 square feet
P CUP P 36.60.39
Shopping center P CUP 36.60.41
Significant tobacco
retailer
CUP 36.30.20;36.30.30;
36.60.41 Warehouse retail CUP 36.30.40; 36.60.49
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LAND USE PERMIT REQUIREMENTS BY ZONE
CN CS CO CRA SEE SECTION
SERVICES
Animal service
establishment
CUP CUP CUP CUP 36.30.35; 36.60.05
Automatic teller
machine (ATM)
P P P P 36.60.05
Auto/motor vehicle
repair—minor or major
P CUP 36.30.25;
36.60.05; Chapter
39 Auto/motor vehicle
storage
P 36.60.05
Auto/motor vehicle tow
yard
CUP 36.60.05
Banks and financial
services
P P P 36.60.07
Business services P P 36.60.07
Cannabis business,
nonstorefront retail
CUP Article IX, Division
21; 36.60.09;
Chapter 9
Cemeteries,
columbariums and
mortuaries
CUP P 36.28.15; 36.60.09
Construction yard and
equipment
P 36.60.09
Drive-in and drive-
through facilities
CUP CUP CUP CUP 36.28.30; 36.60.11
Hotels and motels CUP 36.18.50; 36.60.19
Parking lot or area,
public
CUP CUP 36.60.35
Medical services—less
than 3,000 square feet
P P P 36.60.29
Medical services—
3,000 to 20,000 square
feet
CUP P P 36.60.29
Medical services—more
than 20,000 square feet
CUP CUP 36.60.29
Medical services—
hospitals and extended
care
CUP CUP 36.60.29
Offices CUP P P P CN District:
36.18.15. b;
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LAND USE PERMIT REQUIREMENTS BY ZONE
CN CS CO CRA SEE SECTION
CS District:
36.18.20; 36.60.33
Offices, research and
development
P CUP CS District:
36.18.20;
CRA District:
36.18.25; 36.60.33
Personal services—
4,000 square feet or
less
P P P 36.18.30; 36.60.35
Personal services—
more than 4,000 square
feet
P CUP P 36.60.35
Service station CUP CUP CUP 36.30.15; 36.60.41
Storage, accessory P P P P 36.60.41
Warehousing P 36.60.49
OTHER USES
Emergency shelter CUP CUP CUP CUP Article IX, Division 10; 36.60.13
Low-barrier navigation
center
P P CUP
P
P Article IX, Division
10; 36.60.27
Safe parking CUP CUP CUP CUP Article IX, Division
22; 36.60.41;
Chapter 19
Temporary uses TUP TUP TUP TUP Article XVI,
Division 3
Uses not named but
similar to listed uses as
determined by the
zoning administrator
CUP CUP CUP CUP 36.18.05.d
1 Supportive housing that meets the requirements of Government Code Section 65650 shall be a use by right in zones where multi -family and mixed uses are permitted, in accordance with state law. Supportive housing that does not meet the requirements of Government Code Section 65650 shall apply the permit requirements in the table.
KEY TO PERMIT REQUIREMENTS SYMBOL SEE SECTION
Permitted use, zoning compliant P Article XVI,
Division 2
Conditional use, conditional use permit
required
CUP Article XVI,
Division 6
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Temporary use, temporary use permit
required
TUP Article XVI,
Division 3
Use not allowed (blank)
SECTION 4. Chapter 36 (Zoning), Article IX (Standards For Specific Land Uses), Division 5 (Child Day-Care Facilities), Section 36.28.20 (Child -day care facilities) of the City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
DIVISION 5.
CHILD DAY-CARE FACILITIES
SEC. 36.28.20. - Child day-care facilities.
This sSection establishes standards for city review of child day-care facilities, in conformance with state law, including the limitations on the city ’s authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this cChapter and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the dDepartment of sSocial sServices is required for all child day-care facilities.
a. Small- and large - family daychild -care homes. Considered a residential use of property and P permitted within any single -family or multi- family dwelling in a residential zone dwelling unit. Subject to identical development standards applicable to residential uses within the property’s district.
b. Child- day- care centers not co -located with multiple -family residential development. Allowed in the zoning districts determined by Sec tionss. 36.10.05 (Residential Zzones), 36.18.05 (Commercial Z zones), 36.20.05 (Industrial Z zones), 36.22, 36.24, 36.24.35,
36.26, and 36.26.35 (Special Ppurpose Zzones), subject to conditional use permit approval (Section. 36.48), and the following:
1. Spacing/concentration. No residential property shall be bordered on more than one (1) side by a child day-care facility.
2. Traffic control. A drop-off and pick-up area shall be established to ensure that children are not placed at risk and street traffic is not unduly interrupted. The driveway of a large family day-care home may serve as its drop -off area. Adequate drop-off and pick-up areas shall be provided so that traffic does not back up onto public roadways or does not create circulation problems in parking lots.
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3. Adjacent uses. The proposed site shall not be located adjacent to a business that uses, sells or stores significant amounts of hazardous materials or creates high noise levels or fumes.
4. Outdoor play areas. Outdoor play areas shall be set back from adjoining residential dwellings and enclosed with a minimum six (6) foot fence. A six (6) foot wood or masonry fence is required along the boundaries with residential uses.
5. Development review approval. Development review approval shall be required as provided in city code Section. 36.44.45.
c. Child-care centers co -located with multiple -family residential development.
Notwithstanding any provision of the city code to the contrary, any child-care facility co-located with multiple-family housing shall be considered a residential use of property and be subject to identical development standards applied to the multiple-family housing.
SECTION 5. Chapter 36 (Zoning), Article IX (Standards For Specific Land Uses), Division 23 (General Plan Mixed-Use Village Center Developments), Section 36.30.113 (General plan mixed- use village center —Special land use standards) of the City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 36.30.113. - General plan mixed-use village center—Special land use standards.
a. Allowed residential uses. Only multi ple-family dwellings, including supportive housing and transitional housing , residential uses are allowed. Other uses are also allowed if typically allowed with multi -family development, including residential accessory uses and structures, supportive and transitional housing, small- and large -family day care, home occupations, residential care homes and rooming and boarding. The permit requirements of the R4 zone shall apply. Single-family homes, townhouses, rowhouses and any other residential use with individual private garages are prohibited.
b. Accessory dwelling units. Accessory dwelling units shall be permitted and shall comply with the provisions of Sec tion. 36.12.85. Accessory dwelling units are not allowed to occupy neighborhood commercial floor area required under this Division.
c. Allowed land uses in ground -floor commercial spaces. Per the CN zoning district in Section. 36.18.05.
d. Additional permitted land uses in the CO zoning district. In addition to the CN zoning district uses, administrative and executive offices are permitted in the CO zoning district.
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SECTION 6. Chapter 36 (Zoning), Article XIV (Affordable Housing Program), Division 3 (Commercial and Industrial Development: Housing Impact Fee Program), Section 36.40.65 (Fee; calculation of fee; alternative to payment of fee; adjustment and waivers; exemptions) of the City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 36.40.65. - Fee; calculation of fee; alternative to payment of fee; adjustment and waivers; exemptions.
a. Housing impact fee. A housing impact fee is hereby imposed on all developers of nonresidential projects that involve the construction of new floor area, except as otherwise set forth herein.
b. Calculation of housing impact fee.
1. The housing impact fee for nonresidential development projects shall be charged on a per-square-foot basis for all net new gross floor area, including all additions where floor area is increased, with a specific per- square-foot amount set for each nonresi dential land use category and amount of floor area identified in Table 36.40 -1 below. The amount of the fee shall be computed as follows: (gross square feet nonresidential floor area minus existing floor area) x (applicable fee as listed in Table 36.40-1) = housing impact payment.
2. The amount of each such fee shall be established by resolution of the city council and shall be adjusted annually as a part of the city ’s annual budget process by the percentage change in the Consumer Price Index for the San Francisco-Oakland-San Jose area for the previous year.
3. In calculating the fee, the chief building official shall use those fees in effect by resolution of the city council at the time of the issuance of the building permit or, if no building permit is required, at the time of issuance of a use or other discretionary permit.
4. The community development director shall determine the appropriate land use category as set forth in Table 36.40-1 below for each new nonresidential development project.
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TABLE 36.40-1
HOUSING IMPACT FEE REQUIREMENTS
Land Use Category Fifty (50) Percent of Full
Fee
Full Fee
Office/high tech/industrial New gross floor area
between 1 and 10,000
square feet
New gross floor area that
exceeds 10,000 square feet
Commercial/retail/entertainment New gross floor area
between 1 and 25,000
square feet
New gross floor area that
exceeds 25,000 square feet
Hotel New gross floor area
between 1 and 25,000
square feet
New gross floor area that
exceeds 25,000 square feet
c. Alternative to payment of a housing impact fee. As an alternative to payment of the housing impact fee, a developer of a nonresidential development project may submit a request to mitigate the impacts of such development through the construction of residential units, the dedication of land or provision of other resources. Such requests may be granted in the sole discretion of the city council, if the city council determines that such alternative will further affordable housing opportunities in the city to an equal or greater extent than payment of the housing impact fee. However, for combined or mixed-use projects subject to administrative approval pursuant to Section 36.44.75 of the city code, requests for alternatives to payment of housing impact fees may be granted by the housing director, in consultation with the community development director, upon a determination that such alternative will further affordable housing opportunities in the city to an equal or greater extent than payment of the housing impact fee.
d. Adjustment, reduction or waiver. An adjustment, reduction or waiver of the fees required by this s Section may be granted by the city council for nonresidential development projects under the following circumstances:
1. Upon the remodeling of a building to add square footage, the appropriate housing impact fee shall be paid only on the additional square footage.
2. If the nonresidential development project is in whole or part a replacement for space previously on the site, but vacated or demolished in the twelve (12) months prior to the filing of the application for a zoning permit for the new construction or remodel, credit shall be given for the space vacated or demolished or to be vacated or demolished at the rate applicable to the prior use of that space.
3. If the nonresidential development project is constructed for a specific use involving no employees or fewer than one (1) employee per two thousand (2,000) square feet of gross floor area, the project may be eligible for a waiver of the fees. To be eligible for a waiver, 186
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the building must be designed and built such that it cannot be converted to a use capable of housing a larger number of employees except by major reconstruction. The burden of proof shall be on the applicant. If a waiver is granted, a “notice of conditional waiver of housing impact fee” shall be recorded in the Santa Clara County Office of the Recorder. If a subsequent change in the use or structure of the building occurs which involves additional employees, the waiver granted herein shall be deemed revoked, subject to a hearing before the zoning administrator, who shall make a recommendation on the revocation to the city council. The decision of the city council shall be final.
4. If, upon evaluation of facts presented by the applicant, there is an absence of any reasonable relationship or nexus between the impact of the development and the need for housing, the project shall be eligible for a waiver of the fees.
Adjustment, reduction or waiver of the fees required by this Section may be granted by the city council for all development projects , except adjustments, reduction or waiver of the fees required by this Section may be granted by the housing director, in consultation with the community development director, for combined or mixed -use development projects subject to administrative approval pursuant to Section 36.44.75 of the city code.
e. Exemptions. This fee shall not apply to developers of nonresidential projects which fall within one (1) or more of the following categories:
1. Buildings which are owned and at least seventy -five (75) percent occupied by governmental or nonprofit agencies and organizations.
2. Any building which is damaged or destroyed by fire or natural catastrophes so long as the total square footage of the repaired or replaced building remains the same.
f. Grandfather provision. The following nonresidential projects shall be exempt from the provisions of this aArticle:
1. Projects for which a complete application has been submitted by December 11, 2001 and final approval for a valid zoning permit has been issued and is in effect as of March 9, 2002; or
2. Projects for which a complete application has been submitted by December 11, 2001 and final approval for a valid zoning permit has been issued and is in effect as of March 9, 2002, and which are subsequently the subject of a revised application except that any increase in the amount of originally approved floor area shall be subject to the provisions of this aArticle.
SECTION 7. Chapter 36 (Zoning), Article XVI (Zoning Ordinance Administration), Division 1 (Authority for Land Use and Zoning Decisions) of the City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are 187
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shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 36.44. - Authority for land use and zoning decisions.
SEC. 36.44.05. - Purpose.
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.
SEC. 36.44.10. - Review authority.
The following sSections 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 pu blic 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
Type of
Permit
or Decision
Community
Development
Director
Subdivision
Committee
Zoning
Administrator
Environmental
Planning
Commission1
City
Council
CEQA F R/F R F/A
Conditional
use permits
F A
Development
agreements
R F
Development
review
R/F F/A
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Type of
Permit
or Decision
Community
Development
Director
Subdivision
Committee
Zoning
Administrator
Environmental
Planning
Commission1
City
Council
Development
review of
administrative
housing
approvals2
F A
General plan
amendments
R F
Interpretations F A
Ministerial
housing
approvals23
F
Mobile home
park permit
F A
Planned unit
development
permits
F A
Planned
community
permits
R/F R F
Precise plans R F
Special design
permit
F A
Subdivisions 3
Lot line
adjustment
F A
Parcel maps F A
Tentative tract
maps
R F
Subdivision
extensions
Temporary
use permits
F A
Variances F A
Zoning map
and/or text
amendments
R F
Zoning permit
extension
F A
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Type of
Permit
or Decision
Community
Development
Director
Subdivision
Committee
Zoning
Administrator
Environmental
Planning
Commission1
City
Council
Subdivisions4
Administrative
housing
approval
subdivisions2
F A
Lot line
adjustment
F A
Ministerial
housing
approval
subdivisions3
F
Preliminary
parcel map
F A
Tentative map R F
Extension F F/A
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 Approvals pursuant to Section 36.44.75.
32 State-mandated housing approvals.
43 Listed for reference only. Refer to Subdivision regulations in Chapter 28 of the city code.
SEC. 36.44.15. - Zoning administrator.
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;
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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 s 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.
SEC. 36.44.20. - Design review.
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.
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SEC. 36.44.25. - Subdivision committee.
The duties, responsibilities and powers of the subdivision committee shall be as provided by Chapter 28 of the C city Ccode (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.
SEC. 36.44.30. - Environmental planning commission.
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.
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SEC. 36.44.35. - City council.
a. Powers. The city council shall have final authority for:
1. Appeals on nonministerial determinations by the community development director, subdivision committee and zoning administrator;
2. Tentative and final Ssubdivision 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 recon sideration and recommendation. The council may specify a time period by which the commission is to return their recommendation back to the council.
Notwithstanding the foregoing, housing development projects consistent with Section 36.44.75 may be approved administratively and shall not be subject to city council review or final approval, except as otherwise provided in the city code or required by state law.
SEC. 36.44.40. - Preapplication meeting and informal application.
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 193
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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.
SECTION 8. Chapter 36 (Zoning), Article XVI (Zoning Ordinance Administration), Division 2 (Development Review Process) , Section 36.44.65 (Development review procedures) and Section 36.44.70 (Findings) of the City Code are hereby amended to add , delete, or modify its provisions as set forth below , including the addition of a new Section 36.44.75 (Administrative Approval for Qualifying Housing Developments Subject to Public Resources Code Section 21080.66). Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 36.44.65. - Development review procedures.
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 i s 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 194
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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. 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;
4. 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 t o multi- family structures which conform to approved plans;
5. 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;
6. 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;
7. Facade modifications to multi -family, commercial and industrial structures where less than one thousand (1,000) square feet of additional floor area is proposed;
8. Modification or minor additions to existing site plans and/or structures located in the planned community zoning district as provided by Section 36.50.30.b. or where the precise plan allows for minor modifications;
9. 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;
10. Development on sites with existing nonconforming structures (see Section 36.06.60);
11. Modifications to residential structures for reasonable accommodations (see Section 36.08.40);
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12. Multi-family accessory structure(s);
13. New or modified outdoor dining located on private property. This includes outdoor dining located within the downtown precise plan;
14. New or modified merchandise displays located on private property within the downtown precise plan; and
15. Parking reductions associated with an increase in bedrooms within an existing multiple-family residential dwelling unit per Section 36.32.70.
In addition to the above projects, housing development projects consistent with Section 36.44.75 may also be approved administratively.
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 co mmunity 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, 196
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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.
SEC. 36.44.70. - Findings.
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 project design is consistent with Tthe general design considerations as described by the purpose and intent of this c 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
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f. The approval of the development review permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA).
SEC. 36.44.75. - Administrative approval for qualifying housing developments subject to Public Resources Code Section 21080.66.
Notwithstanding any other procedure prescribed in this Chapter or in any precise plan, housing developments meeting the requirements of this Section may be reviewed and approved administratively by the community development director, in consultation with other departments, as necessary, without a hearing, unless a hearing is specifically requested pursuant to the noticing procedures of this Section.
a. Applicability. This Section shall apply to development projects that qualify for and utilize the statutory exemption provided in Section 21080.66 of the Public Resources Code.
b. Findings. Administrative approval of housing development projects pursuant to this Section shall require written findings supporting the conformance of the project with applicable objective standards and statutory requirements. In addition to any other findings required by this city code, the findings shall be based upon the following:
1. The project meets all applicable criteria for a statutory exemption from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.66, and all procedural requirements therein have been completed.
2. The project is consistent with all applicable general plan, zoning code , precise plan, and/or city code development standards or other requirements.
3. The proposed project is in substantial compliance with the intent of any exception or alternative requirement allowed by the city code or precise plan.
4. If applicable, the project shall also make findings for density bonus in Section 36.48.95.
c. Noticing and hearing procedures. The community development director or designee shall provide a notice to those persons and entities listed in Section 36.56.20 of the city code at the time of making a determination that the application is complete.
1. The notice shall provide a period of not less than fourteen (14) days from the date of the notice to provide written public comment on the project and to request a hearing thereon.
2. Failure of any individual or entity to receive a notice shall not constitute grounds to invalidate the city actions in the absence of evidence showing the notice was mailed to the wrong address.
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3. A hearing shall occur only when timely requested in writing by the applicant or other person(s). The director must receive any hearing request within fourteen (14) days of the date of the notice.
4. Upon receipt of a timely submitted request for a hearing, the community development director or designee shall provide a notice specifying the time and location of the hearing to those persons and entities listed in Section 36.56.20 of the city code not less than fourteen (14) days prior to the hearing.
5. The community development director shall consider all written public comments received, and any written or verbal comments provided at a hearing, if requested, prior to taking final action on a project.
d. Approval timelines. The review and approval of housing developments subject to administrative approval pursuant to this section shall be subject to the time limits in Public Resources Code Section 21080.66, as may be amended from time to time, or any successor statute. Nothing in this Chapter or any other provision of the city code shall be construed to establish additional or separate review or approval deadlines for such projects.
e. Appeals. Decisions made under this Section may be appealed to the city council in accordance with Section 36.56 (Applications, hearings and appeals) of Chapter 36 of the city code. The city clerk shall be the clerk of the appeal board for purposes of filing an appeal.
f. Other associated permits and entitlements . Notwithstanding any provision of the city code to the contrary, any associated subdivision map or heritage tree removal permit shall also be approved administratively by the community development director in accordance with this Section. No other permits in this Chapter shall be required.
SECTION 9. Chapter 36 (Zoning), Article XVII ( Definitions), Division 2 ( Definitions), Section 36.60.41 (Definitions – “S.”) and Section 36.60.43 (Definitions – “T.”) of the City Code are hereby amended to add , delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 36.60.41. - Definitions – “S.”
Safe parking. Area of a site that provides homeless individuals and families living in vehicles a temporary safe place to park while accessing services to end their homelessness.
Schools—college and university. Community colleges, public or private universities and professional schools granting associates art degrees, certificates, undergraduate and graduate 199
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degrees and requiring for admission at least a high school diploma or equivalent general academic training and not otherwise defined as a private educational facility.
Schools—private. Any educational institution, not under public administration, including:
privately owned schools and schools owned and operated by religious organizations or other similar activity or pursuit. This definition does not include community or junior colleges, colleges or universities.
Schools—public. A building or group of buildings for educational and/or classroom purposes operated in the Mountain View Whisman Elementary School District, Mountain View- Los Altos Union High School District or other public education institutions, such as charter schools, offering a general course of study at primary, secondary or high school levels which offers instruction in those courses of study required by the California Education Code.
Schools—specialized education and training. Business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized nondegree - granting schools offering such subjects as: art, drama, language, music, driver education, ballet and other dance and after -school tutoring centers. Also includes seminaries and other facilities exclusively engaged in training for religious ministries and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications and management, as examples).
Secondhand stores. Indoor retail establishments that buy and sell used products, including, but not limited to, books, clothing, furniture and household goods. The sale of cars and other used vehicles is included under “auto, mobile home, vehicle and parts sales.”
Senior care facility. Communities designed for seniors, including, but not limited to, senior independent living communities, assisted living and nursing homes or similar uses as determined by the zoning administrator.
Service station. A retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and repair services incidental to fuel sales (if permitted in the applicable zoning district). May also include accessory towing and trailer rental services spaces (if permitted in the applicable zoning district) but not the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work or the rental of vehicle storage or parking.
Setback. The minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a building or structure as defined herein.
Shopping center. A building or buildings in which are situated no less than five (5) separate tenants or occupants whose combined gross floor area totals at least twenty thousand (20,000) 200
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square feet where no more than ten (10) percent of such tenants’ or occupants’ combined gross floor area is devoted to restaurant use, where the zoning administrator determines that such tenants or occupants are engaging in compatible uses and which uses are located on the same lot or located on separate but abutting lots tied toget her by binding legal agreements providing rights of reciprocal vehicular parking and vehicular access.
Short-term rental. The use or possession of, or the right to use or possess, any room or rooms, or portions thereof, in any residential dwelling unit for residing, sleeping or lodging purposes for thirty (30) or fewer consecutive calendar days , excluding “hotels and motels, ” “boarding or lodging house,” “supporting housing” or “transitional housing.”
Sign. Any card, cloth, glass, metal, painted, paper, plastic, wooden or other configuration of any character placed in or on the ground or any tree, wall, bush, rock, fence, pavement, building, structure or thing for the purpose of advertising, announcing, declaring, demonstrating or displaying information about a specific business, occupant use, activity or building, including, but not limited to, clocks, barber poles and similar devices, and excluding official notices issued by a court or public officer.
Sign area. The calculated area of all parts and surfaces of a sign except the supporting structure. The sign area shall be measured by means of a single rectangular or circular shape that encloses all sign elements. For signs with more than one (1) side that is visible to the public, the sign area shall be the total of the calculated area of all sides.
Sign, decorative graphics. Decorative graphics shall be defined to include any graphic symbol, logo, monogram, words treated as a graphic image or other symbolic device which identifies the specific business or products or services offered on the premises or which relates to the contents of the building-mounted sign. This section shall apply only to commercial signs.
Sign, directional. Any sign the sole purpose of which is to regulate the flow of pedestrians and vehicles on private property.
Sign, freestanding. Any sign not entirely supported by a building.
Sign, identification. Any sign the sole purpose of which is to identify the appurtenant premises, the occupant of the premises or the principal business conducted on the said premises or the principal product sold or service performed on the said premises.
Sign, nonappurtenant. Any sign which does not relate to, or which relates only incidentally to, the occupant of the appurtenant premises or the principal business conducted thereon or the principal product sold or service performed thereon.
Sign, real estate. Any sign the purpose of which is to declare the appurtenant real property for rent, lease or sale.
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Sign, window. Window signs shall include any graphics material, words or symbols attached to the glass surface of a building or located within four (4) feet of the inside surface of a window that is viewable by the public. Window graphics and displays complying with Section. 36.36.15. j. shall not be considered “window signs.”
Significant tobacco retailers. Any tobacco retailer that either devotes twenty (20) percent or more of floor area or display area to, or derives seventy -five (75) percent or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia at the subject location. This definition shall not include cigar stores which qualify for exemption under Section 21.61.
Single-family dwellings. A detached building designed for and/or occupied exclusively by one (1) family or household. Also includes factory-built, manufactured or modular housing.
Small-lot, single -family development. Small-lot, single -family development consists of two (2) or more detached single-family dwellings within a planned unit development project on individual lots that typically average between three thousand six hundred (3,600) square feet to four thousand three hundred (4,300) square feet per lot.
Storage, accessory. The indoor storage of various materials on the same site as a principal building or land use which is other than storage which supports the activities or conduct of the principal use. Includes the storage of automobiles (including their incidental restora tion and repair), personal recreational vehicles and other personal property, accessory to a residential use.
Storage containers. Cargo, shipping and/or containers which are designed for the storage or transportation of goods by sea, air, rail or truck and can include commercial truck bodies, with or without wheels.
Street. Publicly maintained right -of-way which provides a public means of access to abutting property. The term “street” shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.
Structure. That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.
Studio. A business operating in a class-like setting with a fixed weekly or monthly schedule and fixed customer capacity, typically for creative arts or fitness -related activities, such as, but not limited to, dance, martial arts, kickboxing, cycling, painting, ceramics, etc.
Supergraphics. Painted or otherwise colored, specific symbols, shapes or devices on the walls of a building wherein the primary intent is decoration and architectural enhancement of a building. Supergraphics shall not be used to convey information about a specific occup ant of a 202
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building or of a specific type of use within a building or specifically direct attention to the identification sign or signs of a tenant within a building or of the building itself.
Supportive housing. As defined in California Government Code Section 65582. Unless otherwise amended, that definition is: housing with no limit on length of stay, that is occupied by the target population and that is linked to an on -site or off -site service that assists the supportive housing resident in retaining the housing, improving their health status and maximizing their ability to live and, when possible, work in the community. A facility or use that provides housing with no limit of stay, that is occupied by the target population, as defined in California Health and Safety Code Section 53260(d), and that is linked to on-site or off -site services that assist the tenant to retain the housing, improve their help status, and maximize their ability to work in the community. Supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses if the same type in the same zone , consistent with Government Code Section 65583(c)(3). “Supportive housing ” includes, but is not limited to, projects consistent with Government Code 65650.
Swimming pool. Any pool, pond, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than three (3) feet.
SEC. 36.60.43. - Definitions - “T.”
Theaters. Indoor facilities for public assembly and group entertainment other than sporting events, such as: public and semipublic auditoriums, exhibition and convention halls, civic theaters and facilities for “live” theater and concerts, motion picture theaters and similar public assembly uses.
Townhouse development. A group of two (2) or more attached single -family dwellings where each unit has its own front and rear access to the outside, no unit is located over another unit, each unit is separated from others by one (1) or more common and fire-resistant walls and owners have fee simple title to the property and each has a private “open area.”
Trailer. Any unit used or designed to be used for living or sleeping purposes, or both, and which is designed to be equipped with wheels or similar devices used, or to be used, for the purpose of transporting said unit from place to place, in compliance with the p rovisions of the California Vehicle Code, whether by motive power or other means.
Trailer park. Any place, area or tract of land upon which one (1) or more trailers are used for human habitation, either sleeping or living,; irrespective of whether or not rent is charged for such accommodation.
Transit stations and terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc. 203
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Transitional housing. As defined in California Government Code Section 65582. Unless otherwise amended, that definition is: buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. A facility or use that provides housing accommodations and support services for persons or families, but restricts occupancy to no more than twenty-four (24) months. Support services may include meals, counseling and other services, as well as common areas for residents of the facility.
Transitional housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type and zone, consistent with Government Code Section 65583(c)(3).
SECTION 10. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.
SECTION 11. Publication. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that copies of the foregoing proposed Ordinance be posted at least two (2) days prior to its adoption in three (3) prominent places in the City and that a single publication be made to the official newspaper of the City of a notice setting forth the title of the Ordinance , the date of its introduction, and a list of the places where copies of the proposed Ordinance are posted.
SECTION 12. Effective Date. Pursuant to Section 519 of the Mountain View City Charter, this Ordinance shall be effective thirty (30) days from and after the date of its adoption.
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CDD/DP-04-15-26o
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Attachment 2
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW
AMENDING CHAPTER 28 (SUBDIVISIONS) AND CHAPTER 41 (PARK LAND DEDICATION OR FEES
IN LIEU THEREOF) OF THE MOUNTAIN VIEW CITY CODE TO AUTHORIZE
STREAMLINED ADMINISTRATIVE APPROVAL OF HOUSING DEVELOPMENT PROJECTS THAT ARE
STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.66; AND TO MAKE OTHER MINOR MODIFICATIONS TO CHAPTER 28 AND CHAPTER 41 TO ACHIEVE GREATER CONSISTENCY
WITH STATE LAWS, FOR INTERNAL CONSISTENCY WITHIN THE CITY CODE, AND TO ALIGN THE CITY CODE WITH CURRENT PERMITTING PROCEDURES AND PRACTICES;
AND FINDING THAT THE AMENDMENTS ARE EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, City staff periodically reviews and updates the Mountain View City Code (City Code) for consistency with state regulations and to improve internal consistency, usability, and permitting procedures to align with best practices or regulatory changes; and
WHEREAS, the 2023- 2031 Housing Element includes Program 1.1 (Zoning Ordinance Update for Consistency with State Laws) to update the Zoning Ordinance to address consistency with future state laws and Program 4.1 (b) (Development Streamlining and Processing Revisions) to review development and post-development processes, timelines, and approval body levels to streamline permitting processes; and
WHEREAS, on June 30, 2025, the Governor signed Assembly Bill (AB) 130 , which made numerous significant changes to state housing law, including significant reforms to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (CEQA); and
WHEREAS, AB 130 established a new statutory CEQA exemption, which exempts qualifying “infill” projects that meet specific criteria from CEQA review (codified at Public Resources Code Section 21080.66); and
WHEREAS, AB 130 and Senate Bill (SB) 158 amended the Permit Streamlining Act (Government Code Section 65920, et seq.) to add mandatory timelines for the City to approve or disapprove qualifying “infill” projects within 30 days from the conclusion of the objective standards consistency analysis or the conclusion of the tribal consultation process, whichever is later; and
WHEREAS, pursuant to Government Code Section 65 956, in the event the City fails to approve or disapprove a development project within the time frames above, the project is deemed approved; and
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WHEREAS, on January 27, 2026, the City Council directed staff to prepare updates to the City Code to allow ministerial approval of housing development projects that qualify for the new statutory CEQA exemption pursuant to Public Resources Code Section 21080.66, without a public hearing, and staff is proposing an administrative process to consider such projects until staff has an opportunity to develop a fully ministerial process; and
WHEREAS, the City seeks to amend the City Code to codify administrative review procedures for housing development projects that qualify for the new statutory CEQA exemption under Public Resources Code Section 21080.66 (AB 130) to facilitate the production of housing, including affordable housing, consistent with the goals of the City ’s Housing Element and state housing policy; and
WHEREAS, under the Subdivision Map Act, Government Code Section 66410, et seq., the City may, by local ordinance, authorize an advisory agency to approve, conditionally approve, or disapprove a tentative map within the time period required by Government Code Section 66452.1; and
WHEREAS, by this Ordinance, the City Council seeks to designate the Community Development Director as the advisory agency having the authority to approve, conditionally approve, or disapprove preliminary parcel maps and tentative maps for housing development projects that qualify for the new statutory CEQA exemption under Public Resources Code Section 21080.66; and
WHEREAS, City staff is proposing amendments to Chapter 28 (Subdivisions) and Chapter 41 (Park Land Dedication or Fees in Lieu T hereof) of the City Code to align with amendments proposed for Chapter 36 to implement and achieve greater consistency with state laws, for internal consistency within the City Code, to improve usability, and to align the City Code with current procedures and practices; and
WHEREAS, the City Council held a duly noticed public hearing on May 26, 2026 on this Ordinance and received and considered all information, documents, and comments presented at said hearing regarding amendment(s) to Chapter 28 and Chapter 41, including the City Council staff report and related materials; now, therefore,
THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 28 ( Subdivisions), Article I ( General Subdivision Provisions), Section 28.1.15 (Transactions voidable ) and Section 28.1.20 (Issuance of permits) of the Mountain View City Code are hereby amended to add, delete, or modify their provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
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SEC. 28.1.15. - Transactions voidable.
Any deed or conveyance, mortgage, deed of trust or other lien or lease or sale or contract to sell, mortgage, lien or lease real property made contrary to the provisions of this c Chapter is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary or person contracting to purchase, or to accept a lien or mortgage, or to lease as a tenant, their heirs, personal representatives or trustees in insolvency or bankruptcy, within one (1) year after the date of discovery of the violation of the provisions of this c Chapter or the Subdivision Map Act, but such deed of conveyance, sale, mortgage, deed of to trust, lien, lease or contract is binding upon any assignee or transferee of the grantee, mortgagee, beneficiary, tenant, buyer or person contracting therefor, other than those above enumerated, and upon the grantor, vendor, mortgagor, trustor, landlord or person so contracting, their assignee, heir or devisee.
The provisions of this sSection shall not limit or affect in any way the rights of a grantee or successor-in-interest under any other provision of law.
SEC. 28.1.20. - Issuance of permits.
No building, grading, plumbing or electrical permit shall be issued for the construction, reconstruction, alteration or modification of any building or structure situated on land which has been divided or conveyed in a manner contrary to the provisions of this c Chapter and/or the Subdivision Map Act. Any permit issued prior to such a division or conveyance shall be subject to revocation after notice and hearing.
SECTION 2. Chapter 28 (Subdivisions), Article I (General S ubdivision Provisions), Section 28.1.35 (Definitions) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.1.35. - Definitions.
As used in this Chapter, the following words and phrases shall have the following meaning:
“ Approval body or official” shall mean the body or official specified by this Chapter as having authority to approve, conditionally approve or disapprove a proposed subdivision.
“Advisory agency” means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon or having the authority under this Chapter to approve, conditionally approve or disapprove maps.
“ City engineer” shall mean the city engineer for the city or their designee.
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“ Common green subdivision ” shall mean a division of land in which there are both separately held parcels of land and commonly held parcels of land within the proposed development, the latter held undivided and in common by owners of the separately held parcels, all pursuant to a planned unit development approved in accordance with the provisions of the zoning ordinance of the city.
“ Community apartment project ” shall mean a development as defined in California Civil Code Section 4105 in which an undivided interest held in a single ownership in the land is coupled with the right of exclusive occupancy of any apartment, unit or portion of a structure located thereon. This shall include granting the right of exclusive occupancy, or the right to finance, to any individual or individuals based on the creation of tenancies -in-common and as further defined in California Civil Code Section 1351(d).
“ Community development director ” shall mean the community development director for the city. The community development director shall constitute the advisory agency having the authority to approve, conditionally approve or disapprove preliminary parcel maps and tentative maps for housing development projects that qualify for the new statutory CEQA exemption under Public Resources Code Section 21080.66 as described in Article XV (Administrative Review of Preliminary Parcel Maps and Tentative Maps).
“ Condominium” shall mean an estate in real property consisting of a n undivided separate interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property a dwelling unit together with an undivided interest in the balance of the property (land and improvements) which is owned in common by the owners of the individual dwelling units and as further defined in California Civil Code Section 783.
“ Condominium conversion” shall mean the conversion or division of a single -ownership parcel with a building or buildings into a common -interest development as defined in the California Civil Code Section 4100 (including a 1351(c), residential condominium, planned development, community apartment project or stock cooperative) or any other ownership type in which an undivided interest in common in a portion of a parcel is held together with a separate interest in space. project or tenancy-in-common form of ownership involving separate -interest ownership or permanent right of exclusive use of individual dwelling units. Condominium conversion also means the conversion of commercial, industrial or any nonresidential spaces in an existing building to condominium as defined herein.
“ Community development director ” shall mean the community development director for the city or their designee.
“ Condominium conversion project” shall mean a development in which the entire parcel of real property, and any structure or structures thereon including all structures thereon or appurtenant thereto, is subject to condominium conversion.
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“ Davis-Stirling Common Interest Development Act ” shall mean the act set forth in the California Civil Code, Division 2 4, Part 45, Title 6, commencing with Section 13504000.
“ Environmental planning commission” shall mean the environmental planning commission of the city, established pursuant to Section 906 of the city charter. The environmental planning commission shall constitute the advisory agency, as that term is used in the Subdivision Map Act, for any subdivision map 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 or other development application requiring a recommendation by the environmental planning commission.
“ Final map” shall mean a map of a subdivision which is prepared in accordance with the provisions of this Chapter and with any applicable provisions of the Subdivision Map Act and which is designed to be recorded in the office of the Santa Clara County recorder.
“ Good -faith effort ” shall mean the actions and fair intentions by a party to perform substantial work in accordance with an approved map, such as, but not limited to, progress on recording the final map, executing required agreements and payment of fees.
“ Parcel map” shall mean a map showing a subdivision of four (4) or land into fewer parcels, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and designed to be recorded in the office of the Santa Clara County recorder. A parcel map also means a map showing a subdivision of than five (5) lots or a division of land into five (5) or more lots parcels under the tentative and final map exceptions in that meets the conditions of the California Government Code , Section 66426( a), (b), (c) and (d) through (e) and as otherwise provided by , or a division of land creating fewer than five (5) lots by means of combining lots that may have been partially or entirely subdivided previously, which is prepared in accordance with the provisions of this Chapter and the provisions of the Subdivision Map Act and which is to be recorded in the office of the Santa Clara County recorder.
“ Preliminary parcel map ” shall mean a map for the purpose of showing the design of a proposed parcel map and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.
“ Public works director” shall mean the public works director for the city or their designee.
“ Subdivision” shall mean the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, as shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, and the same as further defined in Section 66424 of the Subdivision Map Act. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project, as defined herein or in Section 4125 or 6542 of the Civil Code ; a community apartment project, as defined in Section 4105 of the Civil Code ; or the conversion of five (5) or more existing dwelling units to a 209
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stock cooperative, as defined i n Section 4190 or 6566 of the Civil Code. “Subdivision” includes any division of land by gift, inheritance or court-ordered partitioning.
“ Stock cooperative project” shall mean the same as defined in California Civil Code Section 4190. a project wherein a corporation is formed or availed of primarily for the purpose of holding title to an apartment project or group of more than one (1) individual rental unit if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a dwelling unit, title to which is held by the corporation, which right of occupancy is transferred only concurrently with the transfer of shares of stock in the corporation held by the person having such right of occupancy and as further defined in the California Civil Code Section 1351(m).
“ Subdivision committee ” shall mean a committee consisting of the community development director, the public works director and the community services director city manager or city attorney, or their designees, and shall constitute the advisory agency as that term is used in the Subdivision Map Act for actions as prescribed by this Chapter, including , but not limited to , approval, conditional approval, or disapproval of preliminary parcel maps and recommendation to the city council of tentative maps , except in circumstances where the environmental planning commission and community development director are the advisory agency. that, in lieu of a separate subdivision committee hearing, the subdivision committee shall refer any subdivision map 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. In the cases listed above, the environmental planning commission shall constitute the advisory agency as that term is used in the Subdivision Map Act.
“ Subdivision Map Act ” shall mean Chapters 1 through 7 8 of Division 2, Title 7, of the California Government Code, commencing with Section 66410 thereof.
“ Tentative map” shall mean a map showing a subdivision of five (5) or more lots or units, prepared in accordance with the provisions of this Chapter and the same as defined in Section 66424.5 of the Subdivision Map Act and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.
“ Urban lot split” shall mean the division of one (1) R1 (single -family residential) zoned lot into two (2) single-family zoned lots, which shall only be used for residential uses.
Other definitions. Except as otherwise provided in this Chapter, all terms used in this Chapter which are defined in the Subdivision Map Act or the Davis -Stirling Common -Interest Development Act are used in this Chapter as so defined, unless from the context thereof it clearly appears that a different meaning is intended.
SECTION 3. Chapter 28 (Subdivisions), Article II (Environmental and Planning Findings) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and 210
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deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.2. - Mandatory finding.
No tentative or preliminary parcel or final subdivision map hereunder shall be approved unless the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, Chapter 36 (Zoning) of the city code, and, any or applicable precise plan and the city council approval body or official so finds. Failure of the approval body or official city council to so find shall require disapproval of the proposed map.
SEC. 28.2.05. - Permissive findings.
The city council approval body or official shall deny approval of a tentative or preliminary parcel or final subdivision map if it makes any of the following findings:
a. That the proposed map is not consistent with the general and/or applicable precise plan.
b. That the design or improvement of the proposed subdivision is not consistent with the general plan and/or applicable precise plan.
c. That the site is not physically suitable for the type of development.
d. That the site is not physically suitable for the proposed density of or development.
e. T hat the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, unless an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph (3) of subdivision (a) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.
f.e. That the design of the subdivision or the type of improvements is likely to cause serious public health problems.
g.f. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at- large, for access through or use of property within the proposed subdivision. In this connection, the city council approval body or official may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record o r to easements established by judgment of a court of competent jurisdiction.
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g. That the design and proposed improvements of the subdivision are not consistent with local guidelines relating to implementation of the California Environmental Quality Act of 1970.
SEC. 28.2.10. - Repealed. Environmental finding.
The city council shall deny approval of a tentative or final subdivision map if it finds that the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
SEC. 28.2.15. - Compliance with tentative map or preliminary parcel map.
The city council approval body or official shall not deny approval of a final subdivision or parcel map pursuant to Article IV Section 28.12.05 or 28.12.10 of this cChapter if it has previously approved a tentative or preliminary parcel map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative or preliminary map.
SECTION 4. Chapter 28 (Subdivisions), Article III (Preliminary Parcel Maps, Urban Lot Splits and Tentative Maps ),
Division 1 (Preliminary Parcel Maps) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.3.05. - Filing.
One (1) electronic copy of a preliminary parcel map of a proposed division of land and a completed application form shall be filed with the community development director by the subdivider or their agent.
A preliminary parcel map and parcel map shall be required for subdivisions as to which a tentative map and final map is not otherwise required by Chapter 28, Mountain View City Code, and the Subdivision Map Act. The requirement for a parcel map shall be waived if the subdivision meets the provisions of Sections 66428.(a) (1) and (2) of the Subdivision Map Act.
SEC. 28.3.10. - Filing fee.
At the time of filing the preliminary parcel map, the subdivider or their agent shall pay a filing fee in an amount fixed by resolution or ordinance of the city council.
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SEC. 28.3.15. - Form of preliminary parcel map.
A preliminary parcel map shall be prepared by a licensed surveyor or registered civil engineer. It shall be eighteen (18) inches by twenty-six (26) inches, or twenty-four (24) inches by thirty-six (36) inches if approved by the city engineer, and shall be drawn to a scale of one ( 1) inch to forty (40) feet (1 ” = 40’) or to a scale large enough to show all details clearly; provided, however, that in the case of a preliminary parcel map relating to very large areas, the community development director may, in addition, require one (1) map of lesser scale depicting the entire area. The form of the preliminary parcel map shall adhere to the written requirements of the city engineer.
SEC. 28.3.20. - Content.
a. The preliminary parcel map shall contain the following information, at a minimum.
The city engineer may require additional information if deemed necessary to review the proposed subdivision:
1. The name or designation.
2. The north point, scale and description sufficient to locate the property on the ground.
3. The names and addresses of the record owners, the subdividers and the registered civil engineer or licensed surveyor who prepared the map.
4. The locations, names and present widths of all nearby highways, streets and ways.
5. The approximate radius length and interior angles of all curves.
6. The widths and approximate locations of all existing or proposed easements, whether public or private, and whether for roads, drainage, sewage, public utilities, bikeways or any other purpose.
7. A number or letter for each lot.
8. The approximate lot layout and approximate dimensions of each lot.
9. The present and proposed location and outline to scale of any existing buildings to remain on the property.
10. The proposed use of the property.
11. The public areas proposed for parks, playgrounds, open space and like uses. 213
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12. The proposed method of sewerage and sewage disposal.
13. The names of adjoining property owners.
14. The location of existing utility poles and anchors.
15. Existing contours and any proposed modification to the grading of the land.
16. The size and species of all existing trees and designation of each tree as heritage or non -heritage in accordance with the definitions and measurements as outlined in Section 32.23 (Definitions) of Article II ( Protection of the Urban Forest) of Chapter 32 ( Trees, Shrubs and Plants).
17. The locations and names of streams, creeks or water courses within one hundred (100) feet of the property.
18. FEMA special flood hazard zone designation for the area where the property is located.
19. Whether the property is or is not within a zone of required investigation pursuant to the State Seismic Hazard Mapping Act and the official Seismic Hazard Zone Maps for Mountain View.
b. In the event it is impossible or impracticable to place upon the preliminary parcel map any information hereinabove required, such information shall be furnished in a written statement which shall be submitted with the said map. Additionally, written statements shall be submitted with the preliminary parcel map containing the following information:
1. A copy of any and all existing and proposed restrictive covenants.
2. Reasons purporting to justify any departure from the terms of this cChapter.
SEC. 28.3.25. - Procedure for review and decision of preliminary parcel maps.
Except for those projects subject to administrative approval pursuant to city code Section
36.44.75 (Administrative approval for qualifying housing developments subject to Public Resources Code Section 21080.66) and Article XV (Administrative Review of Preliminary Parcel Maps and Tentative Subdivision Maps) , all preliminary parcel map s shall be reviewed and approved in accordance with the procedures described in this Section.
a. Subdivision committee. On the date set for consideration of the preliminary parcel map, the members of the subdivision committee shall present their report and recommendations and shall hear the comments and opinions of the subdivider and their surveyor or engineer. 214
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Within fifty (50) days after the said copies of the preliminary parcel map have been filed, the subdivision committee shall approve, conditionally approve or disapprove the said preliminary parcel map. The fifty (50) day time period specified shall commence after certification of the environmental report, adoption of a negative declaration or a determination by the city that the project is exempted from the requirement of Division 13 of the State Public Resources Code.
For development applications requiring city council review pursuant to Chapter 36 (Zoning) of the city code , the review and decision procedures for tentative maps in Section 28.5.20 shall apply.
b. Notification. Within ten (10) days of that action, the secretary of the subdivision committee shall notify the subdivider in writing of the action taken. In the event of conditional approval, the subdivider shall be advised of the conditions which attach to the said approval.
c. Time limit. If no action is taken by the subdivision committee within the fifty (50) day period specified herein, the preliminary parcel map as filed shall be deemed approved unless the time limit has been extended by mutual consent of the subdivider and the subdivis ion committee.
d. Appeals. If the subdivider is dissatisfied with any action of the subdivision committee with respect to the preliminary parcel map, they may, within fifteen (15) days after notification of such action, appeal to the city council for a hearing thereon. The city council shall hear the appeal within forty-five (45) days of the time of filing of the appeal or at its next regular meeting following receipt of a report of the subdivision committee on the appeal, not to exceed sixty (60) days from the date of the receipt of the request, and shall at that time either approve, conditionally approve or disapprove the said preliminary parcel map, unless the time limit has been extended by mutual consent of the subdivider and the city council.
e. Expiration. The preliminary parcel map shall expire twenty-four (24) months after its approval unless the expiration date is extended per Article XIV of this Chapter. Any preliminary parcel map on a property subject to a development agreement may be approved for the period of the time provided for in the development agreement but not to exceed the term of the development agreement.
SECTION 5. Chapter 28 (Subdivisions), Article III (Preliminary Parcel Maps, Urban Lot Splits and Tentative Maps),
Division 2 (Urban Lot Splits), Section 28. 4.15 (Content) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below.
Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
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SEC. 28.4.15. - Content.
a. The preliminary parcel map for an urban lot split shall contain the following information, at a minimum. The city engineer may require additional information if deemed necessary to review the proposed subdivision:
1. The name or designation.
2. The north point, scale and description sufficient to locate the property on the ground.
3. The names and addresses of the record owners, the subdividers and the registered civil engineer or licensed surveyor who prepared the map.
4. The locations, names and present widths of all nearby highways, streets and ways.
5. The approximate radius length and interior angles of all curves.
6. The widths and approximate locations of all existing or proposed easements whether public or private and whether for roads, drainage, sewage, public utilities, bikeways or any other purpose.
7. A number or letter for each lot.
8. The approximate lot layout and approximate dimensions of each lot.
9. The present and proposed location and outline to scale of any existing buildings to remain on the property.
10. The proposed use of the property.
11. The footprint and type of all residential dwelling units that are to be demolished, to remain or proposed.
12. The proposed method of sewerage and sewage disposal.
13. The names of adjoining property owners.
14. The location of existing utility poles and anchors.
15. Existing contours and any proposed modification to the grading of the land.
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16. The size and species of all existing trees and designation of each tree as heritage or non -heritage in accordance with the definitions and measurements as outlined in Section 32.23 (Definitions) of Article II (Protection of the Urban Forest) of Chapter 32 (Trees, Shrubs and Plants).
17. The locations and names of streams, creeks or water courses within one hundred (100) feet of the property.
18. FEMA special flood hazard zone designation for the area where the property is located.
19. Whether the property is or is not within a zone of required investigation pursuant to the State Seismic Hazard Mapping Act and the official Seismic Hazard Zone Maps for Mountain View.
b. Additionally, written statements shall be submitted with the preliminary parcel map for an urban lot split containing the following information:
1. Signed affidavit stating that the applicant intends to occupy one (1) of the units as their primary residence for at least three (3) years, unless the applicant is a community land trust or a qualified nonprofit corporation as described in the California Government Code.
2. A copy of any and all existing and proposed restrictive covenants.
3. Reasons purporting to justify any departure from the terms of this cChapter.
SECTION 6. Chapter 28 (Subdivisions), Article III (Preliminary Parcel Maps, Urban Lot Splits and Tentative Maps),
Division 3 (Tentative Maps) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.5. - Filing.
One (1) electronic copy of a proposed division of land and a completed application form shall be filed with the community development director by the subdivider or their agent. The community development director shall stamp or write on each copy of said te ntative map the date of receipt thereof and shall return one (1) copy to the person filing said map.
SEC. 28.5.05. - Filing fee.
At the time of filing the tentative map, the subdivider or their agent shall pay a filing fee in an amount fixed by resolution or ordinance of the city council.
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SEC. 28.5.10. - Form of tentative map.
A tentative map shall be prepared by a licensed surveyor or registered civil engineer. It shall be eighteen (18) inches by twenty -six (26) inches, or twenty -four (24) inches by thirty -six (36) inches if approved by the city engineer, and shall be drawn to a scale of one (1) inch to one hundred (100) feet (1 ” = 100’) or to a scale large enough to show all details clearly; provided, however, that in the case of tentative maps relating to very large tracts, the community development director, in addition, may require one (1) map of lesser scale dep icting the entire tract.
SEC. 28.5.15. - Content.
a. The tentative map shall contain the following information, at a minimum. The city engineer may require additional information if deemed necessary to review the proposed subdivision:
1. The tract number, name or designation.
2. The north point, scale and a description sufficient to locate the property on the ground.
3. The names and addresses of the record owners, the subdividers and the registered civil engineer or licensed surveyor who prepared the map.
4. The locations, names and present widths of all nearby highways, streets and ways.
5. The approximate radius length and interior angles of all curves.
6. The widths and approximate locations of all existing or proposed easements, whether public or private, and whether for roads, drainage, sewage, public utilities, bikeways or any other purposes.
7. A number or letter for each lot.
8. The approximate lot layout and approximate dimensions of each lot.
9. The present and proposed location and outline to scale of any existing buildings to remain on the property.
10. The proposed use of the property.
11. The public areas proposed for parks, playgrounds, open space and like uses.
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12. The proposed method of sewerage and sewage disposal.
13. The names of adjoining property owners.
14. The location of existing utility poles and anchors.
15. The size and species of all existing trees and designation of each tree as heritage or non -heritage in accordance with the definitions and measurements as outlined in Section 32.23 (Definitions) of Article II (Protection of the Urban Forest) of Chapter 32 (Trees, Shrubs and Plants).
16. The locations and names of streams, creeks or water course within one hundred (100) feet of the property.
17. FEMA special flood hazard zone designation for the area where the property is located.
18. Whether the property is or is not within a zone of required investigation pursuant to the State Seismic Hazard Mapping Act and the official Seismic Hazard Zone Maps for Mountain View.
19. Whether phased or multiple final maps will be filed on the tentative map.
b. In the event it is impossible or impracticable to place upon the tentative map any information hereinabove required, such information shall be furnished in a written statement which shall be submitted with said map. In addition to the above, the following information shall be submitted with the tentative map:
1. A grading plan showing existing and proposed grades and the method of disposing of storm waters.
2. A copy of any and all existing and proposed restrictive covenants.
3. Reasons purporting to justify any departures from the terms of this cChapter.
SEC. 28.5.20. - Procedure for review and decision of tentative maps.
Except for those projects subject to administrative approval pursuant to city code Section 36.44.75 (Administrative approval for qualifying housing developments subject to Public Resources Code Section 21080.66) and Article XV (Administrative Review of Preliminary Parcel Maps and Tentative Subdivision Maps), all tentative maps shall be reviewed and approved in accordance with the procedures in this Section.
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a. Subdivision committee. Within fifty (50) days after the required number of copies of the tentative map have been filed, the subdivision committee shall review and consider the tentative map. The fifty (50) day time period specified shall commence after certification of the environmental report, adoption of a negative declaration or a determination by the city that the project is exempted from the requirement of Division 13 of the State Public Resources Code.
After giving due consideration to the tentati ve map, any supporting materials or comments submitted by the subdivider and any relevant staff reports, comments and recommendations, the subdivision committee shall either recommend approval, conditional approval or disapproval of said tentative map to the city council. The recommendation of the subdivision committee regarding said tentative map shall take the form of a written report based upon the findings in Article II of this Chapter. Unless the time limit hereinafter mentioned has been extended by th e mutual consent of the subdivider and the subdivision committee, said written report shall be transmitted by the subdivision committee to the city council within fifty (50) days after the tentative map has been filed, and a copy of said written report sha ll be provided to the subdivider. In lieu of a separate subdivision committee hearing, the subdivision committee shall refer to the environmental planning commission any subdivision map associated with any development application requiring an environmental planning commission recommendation.
b. Fixing of hearing date before the city council and notice thereof. At the next regular meeting of the city council following receipt of the subdivision committee ’s report, the city council shall fix a meeting date, at which it will consider said tentative map, which meeting date shall be within thirty (30) days thereafter. The thirty (30) day time period specified shall commence after certification of the environmental report, adoptions of a negative declaration or a determination by city that the project is exempted from the requirements of Division 13 of the State Public Resources Code. Notice of the time and place of said council meeting, including a general description of the location of the subdivision or proposed subdivision, shall be given at least fourteen (14) days before the meeting. Such notice shall be given by publication once in a newspaper of general circulation published and circulated in the city or, if there is none, by posting the notice in at least three (3) public places in the city or by publication in a newspaper of general circulation printed and published in the County of Santa Clara and circulated in the city. The city shall provide notice of the application to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll, as owning real property within seven hundred fifty (750) feet of the property which is the subject of the application.
1. The notice shall be given by at least one (1) of the following methods:
(a) Direct mailing to the owners.
(b) Posting of notice by the city on and off the site in the area where the project is to be located.
(c) Delivery of notice by any means other than mail to the owners.
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(d) Any other method reasonably calculated by the city to provide actual notice of the hearing.
2. Nothing contained in this Section shall preclude the city from providing additional notice by other means, nor shall the requirements of this Section preclude the city from providing the necessary notice at the same time and in the same manner as public n otice otherwise required by law for such project.
c. Consideration by the city council. On the date set by the city council for consideration of the tentative map, or on such other date as the city council may continue the matter, the city council shall either approve, conditionally approve or disapprove the tentative map. If no action is taken by the city council within thirty (30) days after the date the city council fixes a meeting date to consider said tentative map, the tentative map, as filed, shall be deemed to be approved, insofar as it complies w ith other applicable provisions of the Subdivision Map Act and of this Chapter, unless the said time limit has been extended by the mutual consent of the subdivider and the city council.
d. Notification. The city council shall notify the subdivider in writing of the action taken.
In the event of a conditional approval, the subdivider shall be advised of the conditions which are attached to the said approval.
e. Expiration. Except as otherwise provided by Section 66452.6 of the Subdivision Map Act, a An approved tentative map shall expire twenty -four (24) months after the date of its approval unless the expiration date is extended per Article XIV of this Chapter. Any tentative map on a property subject to a development agreement may be approved for the period of the time provided for in the development agreement but not to exceed the term of the development agreement.
SECTION 7. Chapter 28 (Subdivisions), Article I V (Parcel Maps and Final Maps ), Division 2
(Final Maps), Section 28.7.25 (Approval and recording of the final map) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.7.25. - Approval and recording of the final map.
The final map shall be processed by the city in the following manner:
a. City engineer. Upon receipt of the final map, which must bear the signature of the surveyor or engineer and of all owner or owners, the city engineer shall check it as to correctness of surveying data, certificates of dedication and such other matters as require checking to assure compliance with the provisions of law and of this cChapter. If the final map is in the correct form prescribed by this cChapter and the Subdivision Map Act and the matters shown thereon are 221
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sufficient and all conditions of approval have been completed to the satisfaction of the city engineer, the city engineer shall complete the city engineer’s certificate in the form prescribed by the Subdivision Map Act. The city engineer shall thereupon present the said map, together with the said other materials, to the city council for their acceptance.
The date the map shall be deemed filed with the city council is the date of the meeting at which the city council receives the map.
b. City council. The city council shall, at the meeting at which it receives the map, or at its next regular meeting after the meeting at which it receives the map, approve said map if the same conforms to all is in substantial compliance with the tentative map and satisfies the requirements of this cChapter and the Subdivision Map Act applicable at the time of approval of the tentative map and any rulings made thereunder. The city council shall, at that time, also accept, accept subject to improvements or reject any and all offers of dedications of land for public use.
After the map has been recorded, the subdivider shall provide the city engineer with one (1) electronic copy and one (1) duplicate tracing of each sheet on a material approved by the city engineer. If the map is disapproved by the city council, it shall be returned with the reasons for such disapproval to the city engineer, who shall return the same to the subdivider.
SECTION 8. Chapter 28 (Subdivisions), Article V (Design S tandards), Division 1 (General),
Section 28.8 (Applicability) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.8. - Applicability.
Unless otherwise proposed by the subdivider and approved by the subdivision committee or the city council approval body or official, streets within a division of land shall be subject to the following regulations.
SECTION 9. Chapter 28 (Subdivisions), Article V (Design Standards), Division 1 (General),
Section 28.8.20 (Street width) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.8.20. - Street width.
The right-of-way width of any street or thoroughfare shall be as provided in Article V of Chapter 27 of the Mountain View City Code, being the street improvement standards ordinance of the city, or such width and alignment as shown on any street plans or precise plan of streets 222
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adopted by resolution of the city council. The minimum standard street right- of-way width shall be at least sixty (60) feet. In such cases as special circumstances may warrant, the subdivision committee or the city council approval body or official may authorize a street of lesser right -of- way width, but not less than fifty (50) feet, unless a further reduction in right -of-way width is authorized as an integral part of a planned unit development and established pursuant to the provisions of Chapter 36 of Code of the City of Mountain View City Code.
SECTION 10. Chapter 28 (Subdivisions), Article V (Design Standards), Division 2 (Utilities),
Section 28.9 ( Utilities) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.9. - Utilities.
Unless otherwise proposed by the subdivider and approved by the subdivision committee or the city council approval body or official, utilities within a division of land shall be subject to the following provisions.
SECTION 11. Chapter 28 (Subdivisions), Article VII (Residential Condominium Conversions) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.12. - Purpose.
The conversion of residential rental units to ownership housing impacts the supply and availability of rental housing and may cause displacement of residents, who may be required to move from the community due to lack of replacement housing. A reduction in the supply of rental housing creates pressure for higher rents in the remaining rental housing supply. Conversions may sometimes, however, provide home ownership opportunities that are more affordable when compared to new home construction.
It is the purpose of this a Article to seek to assure a reasonable balance of rental and ownership housing and a variety of individual choices of type, price and location of housing and to maintain the supply of rental housing for low- and moderate-income persons and families and to m aintain the flexibility and redevelopment potential of the city ’s residential areas in substantial compliance with the city’s general plan. This article is intended to ensure compliance with and implement the Conversion Limitation Act, adopted by the voters on November 6, 1979.
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SEC. 28.12.05. - Applicability.
In addition to all other requirements of the Subdivision Map Act, the provisions of Chapter 28 of the Mountain View City Code and this aArticle shall apply to the conversion of any existing structure or structures to a condominium, stock cooperative, community apartment project, common green subdivision or tenancy -in-common in the City of Mountain View. The provisions of this aArticle are enacted pursuant to the provisions of Section 200 of the Charter of the City of Mountain View and of the Subdivision Map Act.
SEC. 28.12.10. - Permit.
In addition to filing a tentative map or preliminary parcel map required for condominium conversion projects pursuant to Section 28.11.05 of Article VI, a development review permit in accordance with Section 36. 5244.45 or a planned community permit in accordance with Section 36.6850.30 of Chapter 36 of the Mountain View City Code shall be required for condominium conversions. Permit applications shall be processed pursuant to Section 28.12.20.
a. No permit application for residential condominium conversion shall be accepted, and no permit will be issued unless a preliminary determination has been made by the community development director that the application meets the requirements of Article IX o f Chapter 28, the Conversion Limitation Act. If the community development director so determines, the application may be processed; however, the determination of eligibility shall not be final until approved by the city council. Conversions, demolitions and apartments/rentals with maps shall be counted in determining compliance with the Conversion Limitation Act.
b. No tentative map or preliminary parcel map for condominium conversions shall be filed and no tentative or preliminary map shall be approved without the approval of a permit application under this sSection.
c. Exclusions. No conversion of units may be applied for or approved unless the units are all of the same housing type (e.g., not mixed types of units), were constructed as an integrated project, and built as either apartments or townhouses. Complexes which have a mixed unit type or are of soft -story construction are not eligible for conversion to condominiums.
Duplex units to six (6) plex units constructed in a single structure are not eligible for conversion unless located in a historic resource.
SEC. 28.12.15. - Tenant noticing requirements.
a. Notice to existing tenants. The subdivider or owner of an apartment building or residential complex proposed to be converted to a condominium, stock cooperative, community apartment project, common green subdivision and tenancy-in-common shall give to each tenant of the residential real property proposed for conversion the following notices and rights now or hereafter required by the Subdivision Map Act and as set forth in Section 66427.1 of said Act:
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1. Written notice of intention to convert, provided at least sixty (60) days prior to the filing of a tentative map or preliminary parcel map. The notice shall be in a form outlined in Section 66452.18(b) of the Subdivision Map Act.
2. Written notice ten (10) days before submittal that an application for a public report will be, or has been, submitted to the department of real estate, that the period for each tenant’s right to purchase begins with the issuance of the final public report and that the report will be available on request.
3. Written notice that the subdivider has received the public report from the department of real estate. This notice shall be provided within five (5) days after the date the subdivider receives the public report.
4. Written notice within ten (10) days after approval of a parcel map or final map for the proposed conversion.
5. Written notice of intent to convert provided one hundred eighty (180) days prior to termination of tenancy due to the conversion but not before the city has approved a preliminary parcel map or a tentative map for the conversion. The notice given shall not alter or abridge the rights or obligations of the parties in the performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Californi a Civil Code. The notice shall be in a form outlined in Section 66452.19(b) of the Subdivision Map Act.
6. Written notice of an exclusive right to contract for the purchase of their respective dwelling unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The notice shall be given within five (5) days after receipt of the subdivision public report. This exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code , and shall run for a period of not less than ninety (90) days, unless the tenant gives prior written notice of their intention not to exercise the right. The notice shall be in a form outlined in Section 66452.20 (b) of the Subdivision Map Act.
7. All other applicable notices and rights now or hereafter required by this cChapter, or Chapter 2 or 3 of the Subdivision Map Act.
b. Notice to prospective tenants. Commencing at a date not less than sixty (60) days prior to the filing of a tentative map or preliminary parcel map, the subdivider or their agent shall give notice of the filing to each person applying after that date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider in accordance with Section 66452.17 of the Subdivision Map Act. The notice shall be in a form outlined in Section 66452.17(b) of the Subdivision Map Act.
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c. Keeping of records. The subdivider or owner shall be required to keep a copy of all notices required by Section 28.12.15 for a period of two (2) years after such notices were personally delivered or mailed, such records to include:
1. A copy of each notice showing the date on which it was delivered or mailed; and
2. Proof of the giving of the notice, consisting of:
(a) If delivered, the signature of the person to whom it was delivered acknowledging such delivery; or
(b) If mailed, proof of mailing, and, in the case of the notice of intention to convert pursuant to Section 28.12.15(a)(1), the return receipt if a receipt was returned by the recipient of such notice.
SEC. 28.12.20. - Process.
In conjunction with processing tentative maps or preliminary parcel maps in accordance with this cChapter and the Subdivision Map Act, permit applications for condominium conversions shall be reviewed and processed in accordance with this a Article and with Section A36.5244.45 (Development Rreview process), Section A36.6850.30 (Planned Ccommunity Ppermits) and Section A 36.50.02044.10 (Review Aauthority) of Chapter 36 of the Mountain View City Code.
a. Development review required. The zoning administrator shall hold a public hearing on the development review application in accordance with Section A 36.5680 (Applications, Hhearings and Aappeal(s)) of Chapter 36 of the Mountain View City Code and will provide a written recommendation to the city council for final action on the development review application. The zoning administrator may conduct design review pursuant to Section 36.44.20 (Design review), route the proposal to the development review committee if exterior improvements are proposed or deemed necessary.
b. Notice of city council meeting to consider tentative map. Following the date the city council fixes a meeting date for consideration of a tentative map, or the date the subdivision committee fixes a meeting date for consideration of a preliminary parcel map, which proposes the conversion of residential real property to a condominium, stock cooperative, community apartment project, common green subdivision or tenancy-in-common, but not less than ten (10) days prior to the said date for consideration, the community development director shall give a written notice to each tenant of the subject property informing said tenant of the date, time and place of the city council’s or subdivision committee’s consideration of the tentative map and the tenant’s right to appear and be heard pursuant to Section 66451.3 of the Subdivision Map Act.
1. Council meeting staff report to tenants. Additionally, a copy of any staff report or recommendation on a tentative map or a preliminary parcel map relating to the proposed 226
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residential condominium conversion shall be served on the subdivider and on each tenant of the subject property at least three (3) days prior to any hearing or action on said map by the city council or the subdivision committee, respectively, pursuant to Section 66452.3 of the Subdivision Map Act.
c. Buyer and tenant protection requirements for conversion. In addition to the buyer protection provisions in Article VI, Section 28.11.05.1, conversion of residential real property to condominiums, stock cooperatives, community apartment projects, common green subdivisions and tenancies-in-common shall comply with the following requirements as additional protections to purchasers of individual units:
1. Condition of improvements report required. A report entitled “ Condition of Improvements Report” shall be prepared and certified by a licensed engineer or architect subject to approval by the city ’s chief building official. The subdivider or owner is solely responsible for all costs associated with preparing this report and shall pay a fee to the city for administering, reviewing and evaluating the report in accordance with subsection 28.12.30.g. The report, which shall be approved as to content by the chief building official prior to being distributed, shall set forth the consultant’s best available information on the age and condition of the building or buildings proposed to be converted, including the estimated remaining life of the roof, foundation and mechanical, electrical, plumbing and structural elements of the building or buildings. The report shall further indicate those provisions of previously adopted city building and fire codes involving health and life safety items which have been changed since the date the building or buildings being converted were constructed, plus identify present building or fire code requirements which are not met. If a prospective purchaser is not a tenant of the apartment building or residential complex at the time th e conversion map is filed with the city, the owner shall furnish a copy of said report to each such prospective purchaser prior to the time such person incurs the obligation to purchase a unit. If a prospective purchaser is a tenant of the apartment building or residential complex at the time the conversion map is filed with the city, the owner shall furnish the report to such person at that point in time when such person is given the ninety (90) day exclusive right to purchase their unit.
2. Structural pest report required. A report entitled “Structural Pest Report” shall be prepared and certified by a person, entity or corporation selected by the city ’s chief building official and licensed by the State of California as a structural pest control operator subject to approval by the city’s chief building official. The subdivider or owner is solely responsible for all costs associated with preparing this report and shall pay a fee to the city for administering, reviewing and evaluating the re port in accordance with subsection 28.12.30.g. This report shall also be furnished to prospective purchasers of each converted unit at those points in time mentioned in subsection 28.12.20.c.1, depending on whether such prospective purchaser is or is not a tenant of the apartment building or residential complex at the time the conversion map is filed with the city.
3. Building inspection report required. A detailed building inspection and report shall be made by or at the direction of the chief building official, at the subdivider ’s or owner’s 227
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expense, of all buildings or structures proposed for conversion, and the report shall determine and identify any housing code violations, other code violations or other deficiencies involving a threat to life or property which must be corrected as a condition of approval of the tentative map or preliminary parcel map.
4. Building and appliance warranty required. Each purchaser shall be granted by the subdivider or owner a one (1) year warranty on all appliances installed in their unit and to the homeowners association, and all purchasers of individual units shall be granted a one (1) year warranty on all structures in the project and on all electrical, heating, air conditioning, plumbing, ventilation equipment, roofing and elevators.
d. Temporary housing required for tenant displaced due to renovation. As to any tenant or renter of an apartment unit or dwelling unit within a residential complex at the time a tentative map or preliminary parcel map for a conversion of that building or structure is filed with the city, who enters into a written agreement with the owner to purchase the dwelling unit once it has been converted, and who is thereafter required to temporarily vacate or is temporarily displaced from said apartment or residential unit because the subdivider or owner is renovating or effecting certain structural modification to comply with the city ’s requirements, the owner shall be responsible for:
1. Finding suitable, temporary replacement housing for such tenant and, if the monthly rent is higher for the replacement housing than for the apartment or dwelling unit being vacated, paying the difference in such monthly rent; and
2. Paying such tenant’s actual moving expenses in temporarily moving from the said apartment or dwelling unit and moving back into the unit when the renovation or structural modifications have been completed and approved by the city.
e. Additional tenant relocation assistance required. The city ’s most current tenant relocation assistance policy shall apply to all tenants who have not entered into a written agreement with the owner to purchase the dwelling unit once it has been converted.
SEC. 28.12.25. - Required city council findings for approval; grounds for denial.
a. Required city council findings for approval. The city council shall not approve any project for the conversion of any existing structure or structures to a condominium, stock cooperative, community apartment project, common green subdivision or tenancy -in-common unless it makes the following findings and determinations:
1. That the proposed conversion is consistent with the longer -range goals of the general plan, the zoning district and any precise plan , and that the conversion does not conflict with the amortization or sunsetting of the allowed use of the building sought to be converted.
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2. That the proposed conversion would not adversely and seriously disrupt the effective operation or functioning of nearby schools or other community facilities.
3. That the apartment building or residential complex proposed for conversion does not represent a unique and needed housing resource in the city or in the neighborhood, taking into consideration such factors as the need for a balanced rental -owner housing supply, current rental rates, apparent appeal to families with children and special tenant displacement problems which would result from the conversion.
4. That any proposed condominium conversion has complied with the city ’s most current tenant relocation policy.
5. That any proposed condominium conversion has met all noticing requirements as outlined in Articles VI and VII.
b. Mandatory grounds for denial. In addition to those grounds for denying a final map or parcel map which are set forth in Sections 66473.5 and 66474 of the Subdivision Map Act and in Article IV (Parcel Maps and Final Maps) of this c Chapter, the city council shall not approve a final map, or the city engineer approve a parcel map, for a subdivision to be created from the conversion of residential real property into a condominium, stock cooperative, community apartment project, common green sub division or t enancy-in-common unless it is found as follows:
1. Each tenant of the residential real property has received or will have received each of the notices and rights pursuant to subsection 28.12.15.a. of this aArticle and as now or hereafter required by Chapter 2 and Chapter 3 of the Subdivision Map Act.
2. Each person applying for the rental of a unit in the residential real property has received or will have received the notice and rights pursuant to subsection 28.12.15.b. of this aArticle and as now or hereafter required by Chapter 2 and Chapter 3 of the Subdivision Map Act.
c. Permissive grounds for denial. In addition to the grounds for denial set forth in this cChapter and the State Subdivision Map Act, an application for approval of a tentative map or preliminary parcel map for the conversion of residential rental units to a condominium, stock cooperative, community apartment project, common green subdivision or tenancy -in-common may be denied on the ground that either:
1. The proposed project, because of its physical characteristics, lot size, configuration, site design or building condition, is not suitable for conversion to a condominium, stock cooperative, community apartment project, common green subdivision or tenancy -in- common.
2. The proposed project, because of its physical characteristics, lot size, configuration, site design or building condition, is not suitable for families with children. 229
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3. The proposed project contains fewer than sixteen (16) units and is not suitable for conversion due to its size, amenities, ingress, egress or ability to maintain itself.
SEC. 28.12.30. - Design and safety standards for conversions.
The design, improvement and construction to convert an existing apartment building or residential complex to a condominium, stock cooperative, community apartment project, common green subdivision or tenancy -in-common shall comply with design standards in Section 28.11.15, except as modified in this section, and with the following design and safety standards:
a. Codes, ordinances and regulations. All building and fire codes, zoning provisions and all other applicable local ordinances and regulations in effect at the time of construction of such structure shall, in addition, conform to and be in accordance with the standards set forth in this sSection, or most recent standards as adopted by the city council, in effect at the time of filing of the tentative map or preliminary parcel map for such conversion.
b. Zoning provisions. Current residential zoning ordinance standards for density, floor area ratio, building setback, open space, parking and circulation.
c. Minor exceptions considered. Minor exceptions to current residential zoning ordinance standards shall be considered for up to ten (10) percent for building setback and fifteen (15) percent open space requirements only.
d. Special features may be required. The design and improvement of any such conversion may also be required to incorporate special design features and amenities (i.e., useable open space, children’s play areas and similar physical improvements) as conditions of approval of said map.
e. Building, seismic, fire and housing codes compliance; facility and site improvement requirements.
1. Seismic safety pursuant to any of the following standards: the currently enacted and effective editions of the 2007 California Building Code, 2006 International Existing Building Code, Seismic Rehabilitation of Existing Buildings (ASCE 41 -06) or an equivalent procedure approved by the chief building official and updated and amended versions of said codes.
2. California Building Standards; Title 24—Energy Standards.
3. Fire-Life Safety and Habitability Standards pursuant to the currently enacted and effective editions of the 2007 California Building Code ,; 2007 California Plumbing Code ,; 2007 California Mechanical Code ; and 2005 National Electrical Code and updated and amended versions of said codes.
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4. The currently enacted and effective edition of the2007 California Fire Code and updated and amended versions of said code.
5. Article IX of Chapter 8 48 of the Mountain View City Code ( Drainage and Floodplain Management Control), Section 8.160, et seq.
6. Separate utility services shall be provided to each building and to each unit unless the public works director determines that such separate utility services are both not desirable and not feasible. If separate utility services are not provided, the homeow ners association, or similar organization, shall be primarily liable for all city utility billings, and the owners of individual residential buildings and units shall jointly and severally be secondarily liable for all city utility billings, and security for payment of utility billings shall be provided as set forth in Section 35.38.c.
f. Written report on improvements and compliance required. An independent consultant approved by the chief building official shall prepare a written report, with appropriate itemized cost estimates, on all improvements necessary to make the development comply with subsection 28.12.30.e.1.— through e.6.. The subdivider or owner is solely responsible for all costs associated with preparing this report and shall pay a fee to the city for administering, reviewing and evaluating the report in accordance with Item g . of this s Section. Minor nonsafety or structural deviations from strict compliance with the design and safety standards may be approved at the discretion of the chief building official or the public works director as appropriate.
g. Fee for city services. Fees for the review and evaluation services and other related expenses incurred and performed by city staff shall be an amount (based on an hourly rate) established by city council resolution.
SECTION 1 2. Chapter 28 (Subdivisions), Article VIII ( Commercial and Industrial Condominium Conversions) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 28.13. - Purpose.
The conversion of commercial and industrial buildings into smaller ownership units likewise creates impacts to the city’s available business space, including reducing the flexibility and utility of that space by creating multiple ownerships on one (1) parcel that was originally designed to function and be available for a wide variety and size of uses. Multiple ownerships ca n create significant conflicts among users, leading to the deterioration of the property and secondary safety and aesthetic issues to neighboring properties. The maintenance of flexibility and utility in 231
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the commercial and industrial base is critical to the economic viability of the City of Mountain View as well as the economic viability of our region.
It is the purpose of this a Article to seek to assure a reasonable balance of rental and ownership industrial and commercial units and a variety of individual choices of tenure, type, price and location of available business space and to maintain the supply of available business space and to maintain the flexibility and redevelopment potential of the city’s key industrial and commercial areas in substantial compliance with the city’s general plan.
SEC. 28.13.05. - Applicability.
In addition to all other requirements of the Subdivision Map Act, the provisions of this cChapter shall apply to the conversion of commercial, industrial or any nonresidential space in an existing building or buildings to condominium in the City of Mountain View. The provisions of this aArticle are enacted pursuant to the provisions of Section 200 of the Charter of the City of Mountain View and of the Subdivision Map Act.
SEC. 28.13.10. - Permit.
In conjunction with processing tentative maps or preliminary parcel maps in accordance with Chapter 28 of the Mountain View City Code and the Subdivision Map Act, a development review permit in accordance with Section 36. 5244.45 or a planned community permit in accordance with Section 36. 6850.30 of this Code shall be required for the conversion of commercial, industrial or any nonresidential space in an existing building or buildings to condominiums. Permit applications shall be processed pursuant to Section 28.13.20.
a. No permit application for the conversion of commercial and industrial building or buildings to condominium shall be processed unless a preliminary determination has been made by the community development director that the use, as zoned, is consistent with current zoning and is consistent with any interim moratorium for a zoning or use or structure amortization. This preliminary determination by the community development director may allow the application to be processed; however, the final action under this sSection shall be made through the public hearing process and ultimately by the city council.
b. No tentative map or preliminary parcel map for the conversion of commercial and industrial building or buildings to condominium shall be filed without a permit application under this sSection.
SEC. 28.13.15. - Tenant noticing requirement.
The subdivider or owner of an existing commercial or industrial building or buildings proposed for conversion to a condominium shall give to each tenant of the property a written notice of intention to convert provided at least sixty (60) days prior to the filing of a tentative map or preliminary parcel map in accordance with subsection 28.12.15.a.1. The owner shall also 232
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give written notice to each prospective tenant in accordance with Section 28.12.15.b. and shall keep records of all noticing in accordance with subsection 28.12.15.c.
SEC. 28.13.20. - Process.
In conjunction with processing tentative maps or preliminary parcel maps in accordance with this cChapter and the Subdivision Map Act, permit applications for the conversion of existing commercial and industrial building or buildings to condominium shall be reviewed and processed in accordance with Section 36. 5244.45 (Development Rreview process), Section 36. 6855.30 (Planned Ccommunity Ppermits) and Section 36. 50.02044.10 (Review Aauthority) of this Code and with current commercial and industrial zoning standards.
a. Development review required. The zoning administrator shall hold a public hearing on the development review application in accordance with Section 36. 8056 (Applications, Hhearings and Aappeal(s)) of Chapter 36 of the Mountain View City Code and will provide a written recommendation to the city council for final action on the development review application. The zoning administrator may conduct design review pursuant to Section 36.44.20 (Design review), route the proposal to the development review committee if exterior improvements are proposed or deemed necessary.
b. In addition to complying with zoning ordinance provisions, permit processing for commercial and industrial condominium conversions shall also comply with the following, except that any reference to apartment building or projects and residential complex shall be replaced with the term “commercial or industrial building(s)” and the terms stock cooperative, community apartment project, common green subdivision or tenancy-in-common shall not apply:
1. Buyer protection provisions in Article VI, Section 28.11.05.1, Ssubsections a. and f. pertaining to covenants, conditions and restrictions (CC&Rs); S subsection c. pertaining to nondiscrimination in the terms and conditions of sale of any units; and Ssubsection e. pertaining to furnishing required information by the subdivider or owner to each purchaser of any units.
2. Notice of city council or subdivision committee meeting to consider tentative map or preliminary parcel map in Article VII, subsection 28.12.20.b.
3. Buyer and tenant protection requirements for conversion in Article VII, subsection 28.12.20.c.1. through c.4.
SEC. 28.13.25. - Required city council findings for approval; grounds for denial.
a. Required city council findings for approval. The city council shall not approve any project for the conversion of any existing commercial or industrial building or buildings to a condominium unless it makes the following findings and determinations:
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1. That the proposed conversion of commercial and industrial buildings into smaller ownership units is consistent with the longer-range goals of the general plan, the zoning district and any precise plan and that the conversion does not conflict with the amo rtization or sunsetting of the allowed use of the building sought to be converted.
2. That the proposed conversion would not adversely and irreversibly reduce the flexibility and utility of the existing commercial or industrial space by creating multiple ownerships on one (1) parcel that was originally designed to function under a single o wnership and be available for a wide variety and size of uses.
3. That the flexibility and redevelopment potential of the city ’s key industrial and commercial areas in substantial compliance with the city ’s general plan would not be adversely impacted by the proposed conversion.
4. That a reasonable balance of rental and ownership industrial and commercial units and a variety of individual choices of tenure, type, price and location of available business space would be maintained with the proposed conversion.
5. That the supply of available business space and the flexibility and utility in the commercial and industrial base critical to the economic viability of the City of Mountain View as well as the economic viability of our region would not be adversely impacted by the proposed conversion.
6. That the conversion of a complex into individual ownerships will present no risk that the complex will result in conflicts between uses, parking, storage, etc.
7. That any proposed condominium conversion has met all noticing requirements as outlined in Articles VI, VII and VIII.
b. Mandatory grounds for denial. In addition to those grounds for denying a final map or parcel map which are set forth in Sections 66473.5 and 66474 of the Subdivision Map Act, in Article IV (Parcel Maps and Final Maps) of this cChapter and in this aArticle, the city council shall not approve a final map, or the city engineer approve a parcel map, for a subdivision to be created from the conversion of commercial or industrial real property into a condominium unless it is found that all of the building( s) on the property comply with applicable zoning and use regulations and that each of the tenants of the nonresidential real property proposed for conversion has received or will have received each of the notices in accordance with Section 28.13.15.
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SEC. 28.13.30. Design and safety standards for conversions.
The design, improvement and construction to convert an existing commercial or industrial building or buildings to a condominium shall comply with design standards in Section 28.11.15, except as modified in this sSection, and with the following design and safety standards:
a. Compliance with codes, ordinances and regulations. All building and fire codes, zoning provisions and all other applicable local ordinances and regulations in effect at the time of construction of such structure, and shall, in addition, conform to and be in accordance with the standards in this sSection, or most recent standards as adopted by the city council, in effect at the time of filing of the tentative map or preliminary parcel map for such conversion.
b. Compliance with zoning provisions. Current commercial and industrial zoning ordinance standards for allowable use, floor area ratio, building setback, open space, parking and circulation.
c. Building, seismic and fire codes compliance; facility and site improvement requirements.
1. Seismic safety pursuant to any of the following standards: the currently enacted and effective editions of the 2007 California Building Code, 2006 International Existing Building Code, Seismic Rehabilitation of Existing Buildings (ASCE 41 -06) or an equivalent procedure approved by the chief building official and updated and amended versions of said codes.
2. California Building Standards; Title 24—Energy Standards.
3. Fire-Life Safety and Habitability Standards pursuant to the currently enacted and effective editions of the 2007 California Building Code ,; 2007 California Plumbing Code ,; 2007 California Mechanical Code ; and 2005 National California Electrical Code and updated and amended versions of said codes.
4. The currently enacted and effective edition of the2007 California Fire Code and updated and amended versions of said code.
5. Article IX of Chapter 8 48 of the Mountain View City Code ( Drainage and Floodplain Management Control), Section 8.160, et seq.
6. Separate utility services shall be provided to each building and to each unit unless the public works director determines that such separate utility services are not feasible. If separate utility services are not provided, the homeowners association or similar organization shall be primarily liable for all city utility billings, and the owners of individual buildings and units shall jointly and severally be secondarily liable for all city utility billings, and security for payment of utility billings shall be provided as set forth in subsection 35.38.c.
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d. Written report on improvements and compliance required. An independent consultant approved by the chief building official shall prepare a written report, with appropriate itemized cost estimates, on all improvements necessary to make the development comply with subsections 28.13.30.c.1. — through c.6. of this a Article. The subdivider or owner is solely responsible for all costs associated with preparing this report and shall pay a fee to the city for administering, reviewing and evaluating the report in accordance with item e. of this sSection.
Minor nonsafety or structural deviations from strict compliance with the design and safety standards may be approved at the discretion of the chief building official or the public works director as appropriate.
e. Fee for city review and evaluation services. Fees for the review and evaluation services and other related expenses incurred and performed by city staff shall be an amount (based on an hourly rate) established by city council resolution.
SECTION 13. Chapter 28 (Subdivisions) of the City Code is hereby amended to add a new Article XV ( Administrative Review of Preliminary Parcel Maps and Tentative Maps ) as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
ARTICLE XV.
ADMINISTRATIVE REVIEW OF PRELIMINARY PARCEL MAPS AND TENTATIVE MAPS.
SEC. 28.20.05. - Purpose and applicability.
Notwithstanding any provision of this Chapter to the contrary, any preliminary parcel map or tentative map associated with a housing development qualifying for administrative approval pursuant to Section 36.44.75 of the Mountain View City Code shall be reviewed administratively and shall be subject only to applicable objective subdivision standards, unless otherwise required by state law. The community development director may approve, conditionally approve or disapprove such a preliminary parcel map or tentative map in consultation with other departments, as necessary, without a hearing unless a hearing is timely requested in writing and received by the community development director pursuant to the noticing procedures of this Article. Any approval, conditional approval or disapproval shall be supported by findings required by the city code and applicable state law. Any such approval, conditional approval or disapproval shall be subject to appeal to the city council in accordance with Section 36.56 (Applications, hearings and appeals) of Chapter 36 of the city code. The city clerk shall be the clerk of the appeal board for purposes of filing an appeal.
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SEC. 28.20.10. - Procedure for review and decision of preliminary parcel maps and tentative maps subject to administrative review and approval pursuant to City Code Section 36.44.75.
a. Filing and fees. At the time of filing a preliminary parcel map or tentative map for a housing development pursuant to Section 36.44.75 of the Mountain View City Code, the subdivider or the authorized agent shall pay a filing fee in an amount established by resolution or ordinance of the city council except where a different fee requirement is mandated by state law. Such a preliminary parcel map or tentative map is subject to filing requirements set forth in Article III (Preliminary Parcel Maps and Tentative Maps).
b. Form and content of subdivision map. The form and content of a preliminary parcel map or tentative map for a housing development pursuant to Section 36.44.75 of the Mountain View City Code shall comply with the requirements set forth in Article III (Preliminary Parcel Maps and Tentative Maps) of this Chapter, as applicable.
c. Noticing and hearing procedures. The community development director or designee shall provide a notice to those persons and entities listed in Section 36.56.20 of the city code at the time of making a determination that the application is complete.
1. The notice shall provide a period of not less than fourteen (14) days from the date of the notice to provide written public comment on the project and to request a hearing thereon.
2. Failure of any individual or entity to receive a notice shall not constitute grounds to invalidate the city actions in the absence of evidence showing the notice was mailed to the wrong address.
3. A hearing shall occur only when timely requested in writing by the applicant or other person(s). The director must receive any hearing request within fourteen (14) days of the date of the notice.
4. Upon receipt of a timely submitted request for a hearing, the community development director or designee shall provide a notice specifying the time and location of the hearing to those persons and entities listed in Section 36.56.20 of the city code , not less than fourteen (14) days prior to the hearing.
5. The community development director shall consider all written public comments received, and any written or verbal comments provided at a hearing, if requested, prior to taking final action on a project.
d. Review and approval. Within fifty (50) days after the determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, the community development director , in consultation with the city engineer , shall approve, conditionally approve or disapprove a preliminary parcel map or tentative map for 237
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a housing development pursuant to Section 36.44.75 of the Mountain View City Code, unless the time limit has been extended by mutual consent of the subdivider and the community development director. Any approval, conditional approval or disapproval shall be supported by findings required by applicable provisions of the city code and state law.
e. Subdivider notification. Within ten (10) days of the action, the subdivider shall be notified in writing of the action taken.
f. Appeal. Decisions made under this section may be appealed to the city council in accordance with Section 36.56 (Applications, hearings and appeals) of Chapter 36 of the city code. The city clerk shall be the clerk of the appeal board for purposes of filing an appeal.
g. Parcel map or final map. Following approval of a preliminary parcel map or tentative map for a housing development pursuant to Section 36.44.75 of the Mountain View City Code, the subdivider shall file an application for a parcel map or final map to the city engineer or designee, pursuant to the requirements set forth in Division 1 and 2 of Article IV of this Chapter.
h. Expiration. A preliminary parcel map or tentative map approved pursuant to this Article shall expire twenty -four (24) months after its approval unless the expiration date is extended per Article XIV of this Chapter. Any such preliminary parcel map or tentative map on a property subject to a development agreement may be approved for the period of the time provided for in the development agreement but not to exceed the term of the development agreement.
SECTION 14. Chapter 41 ( Park Land Dedication or Fees In Lieu Thereof), Section 41.11 (Credit) of the Mountain View City Code is hereby amended to add, delete, or modify its provisions as set forth below. Section titles are shown in bold font, additions are shown in red underline font, and deletions are shown by strikethrough font. Provisions that are not shown in underline or strikethrough font are not changed.
SEC. 41.11. - Credit.
a. Privately owned/publicly accessible (POPA) open space credit.
1. Credit amount. Privately owned/publicly accessible (POPA) open space proposed in a residential or mixed -use residential development that meets the eligibility requirements set forth herein may receive a credit up to seventy -five (75) percent of the value of the land devoted to the POPA open space against the land dedication or fees in- lieu thereof required by this cChapter.
2. Eligibility criteria. To be eligible for POPA open space credit, the POPA open space must meet either the general requirements set forth in subsection (a) or the alternate proposal requirements set forth in subsection (b).
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(a) General requirements.
(i) A minimum size of 0.4 acre or, if the residential development is located within a precise plan or master plan with identified open space, the minimum size of the identified open space in the precise plan or master plan.
(ii) The space shall conform with the provisions of the parks, open space and community facilities chapter of the general plan and provisions of the parks and open space plan Parks and Recreation Strategic Plan.
(iii) The POPA open space shall be located with frontage of a public street(s) or with a prominent and highly visible entrance easily accessible to the public and, in all cases, have minimum dimensions of one hundred (100) feet on all sides.
(iv) The POPA open space complies with the city ’s guidelines for hydration stations and restroom buildings in city parks.
(v) The POPA open space will include a sign(s) with notification of the area as public open space and posted hours, name and contact information for maintenance. The sign shall be reviewed and approved through a sign permit pursuant to Chapter 36 of the C city Ccode.
(vi) Required elements. The entirety of the POPA open space shall consist of any combination of elements, but not less than one (1) element, meeting the minimum requirements as defined in Table 41.11. The selected elements must be supported by the required analyses as set forth in subsection d.2.(b), Process.
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Table 41.11
Open Space Credit Elements
Element Minimum Requirements
Open, usable
field
Must be level, with proper irrigation and water amenities to support active field recreation. Minimum total area of 0.3 acre with a minimum dimension of sixty (60) feet on all sides of the element.
Dog park Have separate areas for large dogs and small dogs. Adequate amenities such as bag dispensers and dog-friendly hydration stations. Minimum total area of
0.25 acre for the dog park with a minimum dimension of sixty (60) feet on all sides of the element.
Game courts Must contain at least one (1) full game court that meets the standards of the professional association for the type of activity proposed.
Playgrounds Must have at least two (2) structures (climbable apparatus): one (1) for tots (ages two (2) to five (5)) and one (1) for youth (ages five (5) to twelve (12)) populations.
Picnic area Must be able to sit at least fifteen (15) individuals and have one (1) barbecue for every two (2) tables. Must be distinguishable from other elements in the open space.
Exercise area Must be able to support ten (10) people using equipment at the same time and include ADA-accessible equipment.
Park trail Must be a designated, multi-use, class 1 trail as listed in the Caltrans Highway Design Manual—Bikeway Designations for the entire length of the proposed trail. The trail must provide a clear and direct path, with appropriate signage, through the project site, connecting any of the following:
• Existing or planned public facilities (e.g., public buildings, transit stops and centers, schools, parks, etc.).
• Expand, or allow for future expansion of, the existing city park trail network (e.g., Stevens Creek, Permanente Creek, Whisman T.O.D., Hetch Hetchy, and Bay Trails). Provides more than a public trailhead or crossing.
• A new connection that expands an identified network in the city’s bicycle transportation and pedestrian master plans to a major public facility or major public street, or significantly reduces the time or length of travel by providing an alternative connection from an identified network in the adopted bicycle transportation and pedestrian master plans. 240
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Maintained
natural
habitat space
• The element must be planted (existing or new) to provide an estimated sixty-five (65) percent to seventy-five (75) percent tree canopy coverage within five (5) years of construction completion.
• All trees, foliage and plants should be California native species or approved by the forestry and roadways manager plantings shall adhere to the Biodiversity and Urban Forest Plan, including its guidelines and tree/plant recommendations, and/or be otherwise approved by the Urban Forest Manager.
• Area must provide seating for a minimum of ten (10) people. • Area shall be landscaped and maintained to be traversed by all population demographics.
• If applicable, include informational or educational signage about native landscape and plants within the element.
Alternate
element
• An applicant may submit a request to include one (1) alternate element in the POPA open space not listed in this Table 41.11.
• Must similarly serve the public as the elements set forth in this Table 41.11.
(vii) Exclusion from credit.
1.) Yards, court areas, setbacks, decorative landscape areas, bike and pedestrian paths , and other open areas required with residential site design by a precise plan, master plan or zoning code shall be excluded from the credit computation of POPA open space.
2. ) Irregularly shaped land with limited utility, accessibility or topographic conditions that are unsuitable for elements described in Table 41.11 shall not be eligible for credit.
(b) An alternate proposal is a unique, high -quality open space proposal that may not otherwise be achieved through the general requirements in subsection (a).
An applicant alternate proposal may be eligible for a POPA open space credit if greater than one (1) acre of single, contiguous land is provided and the POPA open space:
(i) Serves a diverse park user population; and
(ii) Provides design benefits greater than the general requirements set forth in subsection (a).
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3. Term and maintenance. All POPA open spaces shall be maintained as set forth in this sSection.
(a) The POPA open space shall be publicly accessible during the operating hours of city parks.
(b) The POPA open space shall be wholly owned and maintained by the property owner(s), homeowner association(s) or some combination thereof of the residential development awarded the credit.
(c) The right of the public to access and use the open space shall be recorded against the property by an easement, covenant or restrictions subject to review and approval by the city attorney, and such right shall run with the land in perpetuity.
(d) The property owner shall enter into an agreement with the city in conjunction with, or as part of, the easement, covenant or restrictions to identify maintenance responsibilities, procedures for future modifications or upgrades to the POPA open space and violation and/or penalties for noncompliance subject to review and approval by the city attorney.
The agreement shall indemnify the city for use of the POPA open space by the public.
(e) Any future redevelopment of a project site granted a POPA open space credit shall submit a formal development application and be required to provide the minimum acreage of the POPA open space as originally credited. The POPA open space shall be subject to compliance with the requirements of this cChapter in place at the time of application submission.
b. Historic resource. Where a historic resource is preserved or rehabilitated as part of a residential development, a credit may be given against the requirement of land dedication or fees in lieu thereof due on the residential development, required by this c Chapter, up to a maximum of fifty (50) percent of the value of the land dedication or fees in lieu thereof required by this cChapter. This sSection may also apply to the relocation of a historic resource provided it is preserved or rehabilitated in con junction with the relocation. The developer, as part of the application for a credit, shall file an application for a historic preservation permit pursuant to Section. 36.54.45, et seq . Credit may be awarded pursuant to subsections d. and e. of this sSection when it is in the public interest to do so.
c. Affordable housing. Because affordable housing is an important community need, the affordable housing units included in new development projects shall not be included in the total number of dwelling units used to calculate the park land dedication requirement set forth in Sec tions. 41.5 through 41.9. This exemption shall not include affordable housing units in otherwise market-rate developments provided pursuant to density bonus law (under state law and as set forth in Chapter 36, Article XVI, Division 8 of the Ccity Ccode).
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d. Process.
1. To request a credit pursuant to this sSection, the applicant shall submit a written request specifying the credit being [ sought] at time of a formal development application submittal, which shall include a description of how the request meets the credit requirements in this cChapter. Each request for a credit shall also include the information required under subsections (2), (3) or (4) as applicable.
2. For the POPA open space credit, the applicant shall also submit the following with a formal development application:
(a) Dimensional site, design and landscaping plans that detail the proposed POPA open space and elements; and
(b) Analyses.
(i) A demographic analysis of the area within one (1) mile of the proposed POPA open space (measured from the project site boundary), including the target demographics of the new residential development.
(ii) An analysis of the elements at the closest public parks and/or POPA open spaces within one (1) mile of the project site, up to a maximum of five (5) parks and/or POPA open spaces.
3. For the historic resource credit, the applicant shall also submit with a formal development application an itemized cost estimate of planned rehabilitation or relocation costs for the historic resource.
4. For the affordable housing credit, the applicant shall also submit with a formal development application the number of affordable units within the residential development as defined in Section. 41.2.
e. Approval.
1. POPA open space and historic resource credits may be awarded by the city council with written findings that the applicable requirements are met.
2. The affordable housing credit may be awarded when the public works director, community development director, community services director, subdivision committee or city council, as appropriate to the development application, makes written findings that the applicable requirements are met.
f. Housing developments subject to administrative approval. Notwithstanding any provision to the contrary, a request for POPA open space and/or historic resource credits 243
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submitted by housing developments subject to administrative approval under Section 36.44.75 of the city code shall be reviewed and approved administratively by the community services director, in consultation with the community development director and public works director , and shall be approved only if the requested credit satisfies all applicable objective criteria set forth in this Chapter.
SECTION 15. Environmental Review. The proposed amendments are in compliance with the provisions of CEQA. The proposed amendments are not a project under CEQA and the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000, et seq .), pursuant to Public Resources Codes Section 21065 and CEQA Guidelines Section 15378, because they do not approve a project or result in a direct physical impact on the environment or contemplate a known future project, and, as such, there are no known e nvironmental impacts at this time. As a separate and independent basis, adoption of the amendments is exempt from the requirements o f CEQA pursuant to CEQA Guidelines Section 15061(b)(3). The amendments do not preclude implementation of Public Resources Code Section 21080.66, which establishes the statutory CEQA exemption for qualifying “infill” development projects. Other amendments do not result in substantive changes and are, therefore, subject to the common-sense exemption as it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment.
SECTION 16. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.
SECTION 17. Publication. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that copies of the foregoing proposed Ordinance be posted at least two (2) days prior to its adoption in three (3) prominent places in the City and that a single publication be made to the official newspaper of the City of a notice setting forth the title of the Ordinance , the date of its introduction, and a list of the places where copies of the proposed Ordinance are posted.
SECTION 18. Effective Date. Pursuant to Section 519 of the Mountain View City Charter, this Ordinance shall be effective thirty (30) days from and after the date of its adoption.
– – – – – – – – – – –
CDD/DP-05-26-26o
244
Re:
Agenda item 5.1
Dear Chair and
Members of the Environmental Planning Commission,
M
ountain View YIMBY supports Item 5.1 and urges the Commission to recommend the proposed amendments to Council.
The administrative approval process in the draft ordinance is well designed. It eliminates the public hearing requirement for projects qualifying for the AB 130 statutory CEQA exemption, which is the most urgent change: without it, qualifying projects risk being deemed approved because the City cannot act on them within the statutory timelines. At the same time, the process preserves sta ff's ability to grant case-by-case
flexibility where the Code or a Precise Plan allows exceptions to development standards. That flexibility benefits housing projects and we support retaining it.
The courtesy notice provisions are reasonable. We appreciate that the ordinance requires staff to consider written comments received during the 10-day notice period without creating a basis for neighbors to block projects that comply with objective standards, given the legal protections most projects have under the Housing Accountability Act.
We do ask the Commission to recommend that the ordinance or its findings include a timeline for the continued work toward a fully ministerial framework. The staff report notes that converting remaining discretionary provisions to objective standards requires additional analysis. We agree, and a target date (we suggest Q4 2026) would give both applicants and the public clarity and con fidence about when that work will
be complete, given staff workload and priorities. Until then, the administrative process is a strong interim step, but the residual uncertainty about how discretion will be exercised project-to-project is a reason to keep moving toward the ministerial standard Council directed in January.
We also support the cleanup amendments that bring our zoning code into conformity with state law on co-located child-care centers (AB 752), family child-care homes in commercial zones (SB 234), by right supportive housing (AB 2162), and low-barrier navigation centers in the Commercial O ffice zone (AB 101). The
AB 101 and SB 234 updates became applicable to the CO, CN, and CS districts when Council permitted residential uses in those zones in December 2025; the zoning code should now re flect that.
Thank you for your consid
eration.
David
Watson, on behalf of Mountain View YIMBY
Attachment 5
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City of Mountain View
Legislation Text
CITY HALL
500 CASTRO STREET
File #: 205827, Version: 1
North Bayshore Area Plan Amendment
Adopt a Resolution of the Board of Directors of the Shoreline Regional Park Community Amending the Shoreline Plan to Incorporate Additional Public Services, Including Schools; Incorporate Existing Precise Plans to Advance the Goals and Purposes of the Shoreline Regional Park Community Act; and, Update Cost and Revenue Projections, to be read in title only, further reading waived (Attachment 1 to the Council report).
City of Mountain View Printed on 5/21/2026Page 1 of 1
powered by Legistar™
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DATE:
May 26, 2026
CATEGORY:
Public Hearing
DEPT.:
Office of the Community Manager
TITLE: North Bayshore Area Plan Amendment
RECOMMENDATION
Adopt a Resolution of the Board of Directors of the Shoreline Regional Park Community Amending the Shoreline Plan to Incorporate Additional Public Services, Including Schools; Incorporate Existing Precise Plans to Advance the Goals and Purposes of the Shor eline Regional Park Community Act; and, Update Cost and Revenue Projections, to be read in title only, further reading waived (Attachment 1 to the Council report).
BACKGROUND
The North Bayshore Area Plan was first adopted by the Mountain View City Council on March 14, 1977, and by the Shoreline Regional Park Community Board of Directors (“the Board”) on December 15, 1977, to fulfill the requirements of the Shoreline Regional Park Community (SRPC) Act and has been periodically amended as noted in Attachment 2. The most recent amendment was approved in 1993.
The 1993 amendment addressed landfill closure activities, public transportation facilities (including bicycle and pedestrian infrastructure), updated the narrative description of the area, added administrative activities related to the execution of the plan and maintenance of existing infrastructure, and incorporated the City of Mountain View’s General Plan by reference. Since that time, the City has developed various plans advancing the goals and purposes of the SRPC , both specific to the North Bayshore Area and relevant throughout the City of Mountain View, which have not been formally incorporated into the North Bayshore Area Plan.
The Mountain View City Council’s Fiscal Years 2023-25 Council Work Plan included a high-priority project to update the Shoreline Area Plan.
ANALYSIS
Staff recommends making administrative updates to the North Bayshore Area Plan to incorporate additional public services, including schools; incorporate by reference existing plans and policies 247
North Bayshore Area Plan Amendment
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that advance the SRPC’s goals and purposes; update cost and revenue projections; and generally modernize the document's appearance . The recommended updates align the plan to reflect existing policies and practices.
Incorporate Additional Public Services
The recommended amendments to the North Bayshore Area Plan explicitly incorporate schools and school services into the Plan and authorize the use of tax allocation proceeds to fulfill the current Education Enhancement Reserve Joint Powers Agreement (EER JP A). The amendment also references the Mountain View City Council’s Citywide School Strategy.
In January 2006, the SRPC entered into the Education Enhancement Reserve Joint Powers Agreement (EER JPA) with the Mountain View Whisman School District and Mountain View Los Altos High School District. The agreement provided annual payments to both school districts to support local education and to attract and retain a high -quality employment base that supports the SRPC’s economic vitality. Following several renewals and amendments, the SRPC approved a 10- year successor agreement with both districts in 2025 . Each agreement or amendment has been approved at a public meeting with advance public notice and the opportunity for public comment.
Additionally, the changes formally add affordable housing and homelessness services to the public services listed in the plan.
Incorporate Existing Plans by Reference
Since the most recent amendment to the North Bayshore Area Plan, multiple plans, studies, and strategies that a dvance the goals and purposes of the plan and the SRPC Act have been developed. These include the North Bayshore Circulation Feasibility Study, Shoreline Sea Level Rise Study, and the Shoreline Landfill Master Plan. The Mountain View City Council, which retains planning and zoning authority over the Shoreline Regional Park Community , has approved specific land use and development plans (the North Bayshore Precise Plan, Gateway Master Plan, and Google North Bayshore Master Plan) applicable to the area. Additionally, several City of Mountain View plans and strategies will be implemented i n the Shoreline area to benefit the SRPC, including the Shoreline Wildlife Management Plan, the Biodiversity Strategy and Urban Forest Plan, and the Parks and Recreation Strategic Plan.
All the plans and documents recommended for incorporation by reference into the plan align with existing element s and purposes described in the North Bayshore Area Plan and/or the Shoreline Regional Park Act as detailed in Table 1.
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North Bayshore Area Plan Amendment
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Table 1: Existing North Bayshore Plan/Shoreline Regional Park Community Act Elements and Relevant Documents
Existing Element Relevant Documents
Landfill Closure Projects
(1993 amendment)
Shoreline Landfill Master Plan
Shoreline Regional Park Community Capital Improvement
Program
Circulation Plan
(1977 plan and 1993 amendment)
North Bayshore Circulation Feasibility Study
City of Mountain View Active Transportation Plan
General Plan
(SRPC Act, 1993 amendment)
City of Mountain View General Plan
City of Mountain View Housing Element
North Bayshore Precise Plan (NBPP)
Gateway Master Plan
Google North Bayshore Master Plan
Flood Control Plan
(SRPC Act, 1977 plan)
Shoreline Sea Level Rise Study
Shoreline Regional Park Community Capital Improvement
Program
Shoreline Regional Park,
Open Space/Commercial Uses
(SRPC Act, 1977 plan)
Shoreline Wildlife Management Plan
Shoreline Regional Park Community Capital Improvement
Program
Operations and Maintenance
(1993 amendment)
Memorandum of Understanding with the City of Mountain
View
Shoreline Regional Park Community Capital Improvement
Program
Each of these documents has been discussed and approved with the opportunity for public comment during at least one noticed public meeting. Incorporating the plans by reference allows for periodic updates in response to changing conditions and priorities without requiring a full amendment to the North Bayshore Area Plan.
Update Cost and Revenue Projections
The SRPC Act requires that the plan generally describes estimates of total project costs and revenues. The recommended amendments to the plan include the most recent estimates, developed for the Google North Bayshore Master Plan adoption in 2023. These are order -of- magnitude estimates to satisfy the requirements of the SRPC Act and are solely for planning purposes. They do not reflect existing budget requests, planned expenditures, or confirmed costs for the improvements outlined in the proposed amendments to the plan or the documents that staff recommends for incorporation into the plan.
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North Bayshore Area Plan Amendment
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As stated in the proposed amendment to the plan, the most recent estimated costs of the improvements and services planned in the North Bayshore area over the next 30 years could exceed $3.69 billion. In the same time frame, the fully realized development of the North Bayshore area could generate nearly $6.89 billion in revenue. Actual costs, revenues , and any bond issuances will be determined by rapidly changing market conditions and macroeconomic forces.
FISCAL IMPACT
The recommended amendments to the North Bayshore Area Plan do not authorize new expenditures or increase the SRPC or City of Mountain View budget. However, they are necessary to reflect the current needs of the S RPC and the use of tax allocation proceeds to advance the goals and purposes of the SRPC Act and the plan.
LEVINE ACT
California Government Code Section 84308 (also known as the Levine Act) prohibits city officials from participating in any proceeding involving a “license, permit, or other entitlement for use” if the official has received a campaign contribution exceeding $500 from a party, participant, or agent of a party or participant within the last 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to- play-limits-and-prohibitions.html
Please see below for information about whether the recommended action for this agenda item is subject to or exempt from the Levine Act.
EXEMPT FROM THE LEVINE ACT
☒ General policy and legislative actions
ALTERNATIVES
1. Do not adopt the resolution amending the North Bayshore Area Plan to formalize current policies and practices.
2. Do not adopt the resolution amending the North Bayshore Area Plan at this time and direct staff to return with different amendment(s).
3. Provide other direction.
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North Bayshore Area Plan Amendment
May 26, 2026
PUBLIC NOTICING
Agenda posting and notice of the public hearing was published in the Daily Post on May 15, 2026.
Notice of the public hearing and proposed amendments to the plan were sent to the City of Mountain View Environmental Planning Commission and the County of Santa Clara Planning Commission. Mountain View Whisman School District and Mountain View-Los Altos High School District staff were briefed on the proposed amendments to the plan and provided a copy.
Prepared by:
Laurel James
Principal Management Analyst
Approved by:
Kimbra McCarthy
Community Manager
Attachments: 1. Resolution
2. North Bayshore Area Plan Amendment
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MOUNTAIN VIEW
SHORELINE REGIONAL PARK COMMUNITY
RESOLUTION NO.
SERIES 2026
A
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SHORELINE REGIONAL PARK
COMMUNITY AMENDING THE SHORELINE PLAN TO INCORPORATE ADDITIONAL PUBLIC SERVICES, INCLUDING SCHOOLS; INCORPORATE EXISTING PRECISE PLANS TO ADVANCE THE GOALS AND PURPOSES OF THE SHORELINE REGIONAL PARK COMMUNITY ACT; AND,
UPDATE COST AND REVENUE PROJECTIONS
W
HEREAS, the Mountain View Shoreline Regional Park Community (the “Community”) was created by the California State Legislature by the provisions of the Shoreline Regional Park Community Act (hereinafter, the “Act”) (1969 Cal. Stats. Ch. 1109); and W
HEREAS, the North Bayshore Area Plan (the “Plan”) was adopted by the Mountain View City Council on March 14, 1977, and by the Shoreline Regional Park Board of Directors (the “Board”) in accordance with Article 6 of the Act by Resolution S-33 on December 15, 1977; and W
HEREAS, the Plan was amended by the City Council (Resolution 11863) on December 15, 1977, by the Board (Resolution S-43) on March 21, 1979, and by the Board (Resolution S-95) on July 27, 1993; and
W
HEREAS, since the most recent amendment to the Plan, policy documents, agreements, and projects relating to the implementation of the Act and the Plan have been developed and adopted, including but not limited to land use plans, the Shoreline Landfill Master Plan, the North Bayshore Circulation Feasibility Study, and the Shoreline Sea Level Rise Study; and W
HEREAS, the Board has determined that additional public services, including schools, and the relevant policy documents described in the joint report should be incorporated into the Plan along with updated cost and revenue projections; and W
HEREAS, Sections 83 , 84, and 85 of the Act specify the procedures for amending the Plan; and
W
HEREAS, as required by Section 83, the Board gave notice of intention to amend the plan by publication of notice in The Daily Post on May 15, 2026, in accordance with Section 6061 of the California Government Code, and mailed copies of said notice to the City of Mountain View Environmental Planning Commission and the County of Santa Clara Planning Commission on May 15, 2026; and
Attachment 1
252
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WHEREAS, the Plan amendment was made available for public review on the City ’s website and at the Mountain View City Clerk’s Office during regular business hours for 10 days commencing on May 15, 2026; and
WHEREAS, on May 26, 2026, the Board held a public hearing at which all interested persons were provided the opportunity to speak on the proposed amendments to the Plan; now, therefore, be it
RESOLVED: that the Mountain View Shoreline Regional Park Community hereby adopts an amendment to the North Bayshore Area Plan as shown in Exhibit A, attached hereto and incorporated herein by reference;
FURTHER RESOLVED: that this Resolution shall be effective immediately upon adoption.
– – – – – – – – – – –
Exhibits: A. North Bayshore Area Plan Amendment
253
NORTH BAYSHORE
AREA PLAN
Exhibit A
254
SHarea
NORTH BAYSHORE AREA PLAN
Recommended by the City of Mountain View Environmental Planning Commission on October 6, 1976
Adopted by the City of Mountain View City Council
by Resolution No. 11421 on March 14, 1977
Adopted by the Shoreline Regional Park Community Board of Directors by Resolution No. S-33 on December 15, 1977
Amended Resolution Summary
December 15, 1977 Council Resolution
No. 11863
Amended to provide for tax increment financing
and clarified policy toward state funding of local
interchange improvement
March 21, 1979 Board Resolution
No. S-43
Amended to affirm that tax increment financing
would conform with Cal. Const. Art. XIIIA (added in
1978 by Prop. 13)
July 27, 1993 Board Resolution
No. S-95
Added provisions to add certain landfill-related
projects to the plan, address public and non-
vehicular traffic, edit the area description,
incorporate the General Plan and other zoning
regulations by reference, and to authorize
operational and maintenance expenses.
May 26, 2026 Board Resolution
No. S-XX
Modernizing amendment to ensure plan projects
align with the final phase of the Community’s
development and update area map.
255
Table of Contents
I. Introduction 1
A. Area Plan Policies: Relationship to Other Plans, Studies, and Policy Documents 3 B. Description of the Area 4
C. Public Input 5
II. Planned Vision 7
A. Office, Commercial, and Industrial Uses 7
B. Residential Uses and Affordable Housing 8
C. Open Space 9
III. Public Facilities and Services 9
A. Circulation 9
B. Parks & Open Space 11
C. Public Amenities and Services, Operations, and Maintenance 12 D. Schools 13
E. Flood Control and Sea Level Rise 13
F. Closed Landfill Maintenance 15
III. Financing 16
IV. Real Property 17
Table of Figures
Figure 1 North Bayshore Plan Area Map
Figure 2 North Bayshore Circulation Study Priority Transportation Improvements Map Figure 3 Shoreline Sea Level Rise Study Project Map
Figure 4 Shoreline Closed Landfill Map
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Shoreline Area Plan | 1
I. Introduction
The North Bayshore Area Plan (“plan”) is a document, subject to amendment, providing guidance to the overall policies and programs which will affect the future of the North Bayshore Area (the “area”). The plan, adopted in 1977 and subsequently amended in 1977, 1979, and 1993, is based upon adopted City-wide and North Bayshore Area goals as delineated in the revised City of Mountain View General Plan, North Bayshore Precise Plan, associated Master Plans, and the provisions of the Mountain View Shoreline Regional Park Community Act, Assembly Bill 1027, August 29, 1969 (Shoreline Act).
The Shoreline Regional Park Community’s purposes, established by the 1969 Shoreline Act, include to:
• Contribute to better living conditions through improved overall community design; • Make substantial contributions to the sound and economic growth of the area; • Provide needed additions to the general housing supply; • Provide opportunities for innovation in housing and community development technology and land use planning;
• Enlarge housing, employment, and investment opportunities; • Encourage a diversified local homebuilding industry;
• Provide a suitable environment for significant public regional recreational facilities like the Mountain View at Shoreline regional park; and
• Own, maintain, operate, administer Mountain View at Shoreline regional park. 1 Since the passage of the Shoreline Act, and adoption of the plan, the North Bayshore Area has transformed from a semi-rural tidal slough containing pig farms, auto wrecking yards, and a regional landfill into a beloved multipurpose regional park and successful office district distinguished by its corporate tenants, entertainment assets, mature landscape and its proximity to the park and the San Francisco Bay.
However, the development of the North Bayshore Area is not yet complete. The majority of the North Bayshore is covered by pavement and dedicated to automobile infrastructure, which are necessary to accommodate the large number of commuting workers. Buildings have large setbacks, are oriented away from the street, and are surrounded by surface parking lots. Traffic circulation is designed to accommodate cars and is frequently congested. The area lacks the diversity of services and amenities needed to support residential communities. Housing in the North Bayshore is extremely limited, exacerbating road congestion and presenting an unrealized opportunity to help create much-needed housing stock in the midst of a statewide crisis.
1 Shoreline Act, §32.
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Shoreline Area Plan | 2
Recognizing the opportunities and potential of the North Bayshore Area, the City of Mountain View has developed a future vision for the area as a cluster of sustainable complete communities that incorporate housing, office, retail, and amenities with active public space, walkable and bikeable infrastructure, public art, and habitats for local native wildlife. To support the implementation of this vision, the City of Mountain View has approved a suite of planning documents, anchored by the North Bayshore Precise Plan (NBPP). These planning documents are summarized in this document and incorporated into the North Bayshore Area Plan by reference herein.
The Board has carefully reviewed this amended plan and concludes that all actions, projects, and expenditures authorized herein are consistent with, and further, the Community’s purposes authorized by § 32 of the Shoreline Act.
Purpose of the Area Plan
This document restates and amends the North Bayshore Area Plan adopted by the Mountain View City Council on March 14, 1977, and the Shoreline Regional Park Community Board on December 15, 1977, and amended on December 15, 1977, March 26, 1979, and July 27, 1993.
The 1993 amendment incorporated the 2030 General Plan, North Bayshore Precise Plan, and City zoning regulations into the plan by reference and added several projects related to the closed landfill, transportation improvements, and ongoing operations and maintenance to the Plan. Since that amendment, the City has completed several studies and plans specific to the development and infrastructure needs in the Area, described below. Incorporating these planning and policy documents into this update reduces duplication of effort and streamlines future updates.
This amendment continues to connect the various planning and policy documents adopted by the Mountain View City Council and Shoreline Regional Park Community Board of Directors to create a comprehensive central document describing future development and capital improvements in the final phase of the area’s development, which is anticipated to take place over approximately the next 30 years. This plan, as amended, does not propose new policies, nor changes to any existing policies that have been approved and adopted by the City Council and Board of Directors.
The North Bayshore Area Plan is an important step to the development of the Area. The Area Plan should be considered flexible, subject to periodic review and updating as new information, opportunities, or constraints emerge. It does not and cannot answer every question which might arise about the future of the North Bayshore Area.
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Shoreline Area Plan | 3
A. AREA PLAN POLICIES: RELATIONSHIP TO OTHER PLANS, STUDIES, AND POLICY
DOCUMENTS
This amended plan summarizes the vision created for the development of the Shoreline Regional Park Community area by the following planning documents, which are incorporated herein and may be amended from time to time. In the event of any inconsistency between this document and the plans and documents listed below, the latter shall control.
i. City of Mountain View General Plan
The General Plan provides a foundation for sustained development in the Shoreline area.
In general terms, the General Plan envisions diverse and intensive land uses that build on the area’s proximity to the natural environment while preserving and enhancing the Shoreline’s unique and significant wildlife and habitat areas.
ii. City of Mountain View Housing Element
Mountain View’s Housing Element describes the City’s current housing conditions, identifies future needs, and outlines initiatives to improve available housing for diverse income levels. This document is required to be updated every 8 years.
iii. North Bayshore Precise Plan (NBPP)
Guided by the vision, goal, policies, and design directions described in the General Plan, the NBPP lays out the area’s transition into an innovative, sustainable, and complete mixed-use district through the creation of complete neighborhoods that blend market- rate and affordable residential, commercial, and office uses with services, open space, and transportation options.
iv. Master Plans
The North Bayshore Precise Plan establishes that Master Plans will help implement the goals and objectives of the General and Precise Plans.
Gateway Master Plan: The Gateway Master Plan implements the NBPP’s vision by outlining development and design standards specific to the Gateway Character Area.
Google North Bayshore Master Plan: The Google North Bayshore Master Plan implements the NBPP’s vision by outlining specific development plans to create a new mixed-used neighborhood in the area in the North Bayshore bounded by Charleston Road to the north, Stevens Creek to the east, Space Park Way to the south and Huff Avenue to the west. The Plan includes an implementation phasing plan, a 30-year Development Agreement, and a Tentative Subdivision Map. 259
Shoreline Area Plan | 4
v. North Bayshore Circulation Feasibility Study
Updated alongside the development of the North Bayshore Precise Plan, the North Bayshore Circulation Feasibility Study (Circulation Study) identifies strategies to enhance transportation infrastructure and mitigate potential congestion resulting from new development.
vi. Shoreline Sea Level Rise Study
The Shoreline Sea Level Rise Study estimates future flood risk due to sea level rise and identifies mitigation projects.
vii. Shoreline Wildlife Management Plan
The Shoreline Wildlife Management Plan describes protocols and procedures to increase and maintain biodiversity at the shoreline in balance with recreational opportunities, landfill and infrastructure maintenance obligations, and public safety and health.
viii. Shoreline Landfill Master Plan
The Shoreline Landfill Master Plan evaluates the existing infrastructure at the closed landfill underlying Mountain View at Shoreline regional park to identify deficiencies, analyze the potential funding impacts of new regulations, and identify future funding requirements for the operations and maintenance of the closed landfill.
viiii. Shoreline Regional Park Community Capital Improvement Program The Shoreline Regional Park Community Capital Improvement Program (CIP) is adopted annually. The CIP identifies adopted and planned discretionary, non-discretionary, and amended capital improvement projects funded by the SRPC.
B. DESCRIPTION OF THE AREA
The North Bayshore Area Plan covers approximately 1,550 acres of land located north of the U.S. 101 Bayshore Freeway (see Figure 1). This Plan includes the development, maintenance, and operation of 750 acres now under the jurisdiction of the Mountain View Shoreline Regional Park Community. The area is bound on the south by the Bayshore Freeway (U.S. 101), on the north by the northern boundary of the Mountain View Regional Park Community, on the west by San Antonio Road, and on the east by Stevens Creek, as more specifically described in Section 1 of the Shoreline Act.
The North Bayshore Area is an important employment center for the City and the region, with moderate-intensity, suburban-type office parks, and is geographically distinctive due to its clear 260
Shoreline Area Plan | 5
separation from the rest of the City by US 101. The area also includes commercial uses, including cafés, restaurants, movie theaters, and cultural destinations such as the Computer History Museum. The North Bayshore Area contains limited existing single-family residential uses, although the Santiago Villa mobile home park is adjacent to the Precise Plan area to the east.
Open space and recreational areas in the North Bayshore Area include the Stevens Creek Trail corridor, Shoreline at Mountain View Regional Park, and the Shoreline Amphitheater. Shoreline at Mountain View Regional Park and the surrounding Baylands are known to contain sensitive habitat and wildlife species. Shoreline at Mountain View Regional Park, Shoreline Amphitheater, and other facilities north of the Precise Plan area are located atop the area identified as the former Mountain View Shoreline Landfill.
C. PUBLIC INPUT
At a minimum, the plans, studies, and other documents summarized and/or referenced in the Shoreline Area Plan were adopted at public meetings that provided opportunities for public comment and participation, as required by the Brown Act. Additionally, each of the aforementioned land use plans was developed with opportunities for stakeholder input, community outreach, and public comment consistent with, and often extending beyond, the requirements of applicable state and local laws. For the specific details of each document’s community engagement and feedback process, please refer to the individual plans and associated legislative documents, as applicable.
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Shoreline Area Plan | 6
Figure 1: North Bayshore Plan Area Map
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Shoreline Area Plan | 7
II. Planned Vision
The 2030 General Plan, North Bayshore Precise Plan, and associated Master Plans envision the North Bayshore’s transformation into a district that supports a diverse community and is home to biodiverse animal and plant life. The plans provide for highly walkable, sustainable urban “Complete Neighborhoods” that contain office, commercial, and residential land uses alongside community amenities and services, interwoven with natural habitat areas. To accomplish this, the 2030 General Plan allows approximately 3.6 million square feet of net new development, including office, residential, and commercial space; enhanced parks and trail corridors; new public streets; and recreation facilities.
The new development envisioned in these planning documents describes distinct areas within the North Bayshore, each with its own unique character and identity. Incentives to transfer development from the edge area to the core area reduce development near sensitive habitats, support transit, and promote retail along Shoreline Boulevard. On-site open area requirements will provide opportunities for social interaction and physical activity.
This future vision is defined by the concentration of new development near high-frequency transit; variation in building height, form, and scale; and a variety of streetscapes and building frontages.
Revised design standards guide the transition of the area from an auto-centric, suburban office district to a more urban, higher-intensity mixed-use district with taller buildings, higher density, and human- scale frontages accessible to pedestrians, bicyclists, and transit users. A walkable block pattern, opportunities for small businesses, and housing affordability emphasize the vision of the North Bayshore Area’s future as a space for connection and community.
A. OFFICE, COMMERCIAL, AND INDUSTRIAL USES
The North Bayshore Area is home to over 7 million square feet of office, retail, and light industrial spaces critical to the economic vitality of the City of Mountain View. The General Plan and associated planning documents envision the North Bayshore continuing to serve as an employment center.
Existing land use regulations authorize the development of additional office and retail space, as well as community spaces, in a mixed-use setting to support the area’s transition from a suburban-style office park to a more urban, complete community.
Specific details and maps describing land use and zoning for office, commercial, and industrial uses can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, and Gateway Master Plan.
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Shoreline Area Plan | 8
B. RESIDENTIAL USES AND AFFORDABLE HOUSING
The North Bayshore Area contains limited existing single-family residential uses. Planning documents for the North Bayshore Area allow the development of nearly 10,000 multi-family residential units in one-, two-, and three-bedroom configurations, serving multiple income levels through affordable housing requirements.
Affordable housing requirements are intended to advance the City’s Regional Housing Needs Assessment (RHNA) goals dictated by the State Department of Housing and Urban Development. The requirements may be met by developing inclusive, affordable housing or by dedicating land to the City’s affordable housing program. Additionally, the City and the Shoreline Regional Park Community may approve and facilitate the development of affordable housing projects on sites in the North Bayshore Area, which will require subsidies and funding through public sources, including the Shoreline Regional Park Community.
Specific details and maps describing housing-related land use, RHNA goals, zoning, dedications, and funding needs can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, and City of Mountain View Housing Element.
Rendering of potential mixed-use development in the North Bayshore Area. 264
Shoreline Area Plan | 9
C. OPEN SPACE
As envisioned by the Shoreline Act, the North Bayshore
is home to the Shoreline at Mountain View Regional
Park, a 750-acre wildlife refuge and recreation area. The future of the North Bayshore area imagines a network of public open spaces including central plazas and
neighborhood parks connected by a mix of publicly
owned and privately owned, publicly accessible linear
open spaces and paseos, creating spaces for gathering,
exercise, and recreation throughout the area. In addition to sports courts and a network of trails, plans for the North Bayshore’s future include the restoration of native trees, shrubs, and understory vegetation to provide
natural areas for local wildlife.
Specific details and maps describing land use policies
and zoning for open space and parks can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, and Gateway Master Plan.
III. Public Facilities and Services
Public facilities, services, and infrastructure are crucial for the planned vision of the next phase of development in the North Bayshore. New development will require new and upgraded multimodal transportation infrastructure, well-designed and -maintained parks and open space, public safety facilities and services, library services, schools, and other public services to provide safety and quality of life to residents, business owners, workers, and other community members. As the impacts of global climate change intensify, sea level rise mitigation projects will be necessary to protect the North Bayshore’s wildlife habitats, buildings, and infrastructure. Ongoing required maintenance of the closed landfill underlying Shoreline at Mountain View Regional Park and other parts of the North Bayshore area will continue to protect the surrounding environment and community from leachate and other contaminants.
A. CIRCULATION
To support planned commercial and residential growth in the North Bayshore while minimizing additional vehicle capacity, the vision for the future of the North Bayshore Area includes concentrated growth with walkable streets and block patterns, active transportation infrastructure, and transit- oriented circulation. The North Bayshore Circulation Feasibility Study (Circulation Study) builds on the Native redwoods shade a pedestrian path in the
North Bayshore area.
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most recent updates to the North Bayshore Area Plan to support the expansion of public transit, pedestrian, and bicycle access to the North Bayshore while reducing vehicle traffic. The Circulation Study addresses potential transportation issues arising from new development through a multi-modal strategy to support the full build-out of North Bayshore. Circulation improvements planned for the North Bayshore are designed to make multimodal travel more comfortable and convenient, mitigate congestion, and encourage sustainability and community.
The Circulation Study lists strategies including gateway trip cap and SOV policies, monitoring, and penalties; accelerating the implementation of Priority Transportation Improvements identified in the Study; planning and advocating for expanded public transit service; expanded bicycle and pedestrian pathways; and Transportation Demand Management requirements and enforcement mechanisms. The Priority Transportation Improvements list identifies projects planned for 5-, 10-, and 20-year implementation timeframes as of the completion of the Study and includes the estimated cost of each project in its year of construction (See Figure 2).
Figure 2: North Bayshore Circulation Study Priority Transportation Improvements Map
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Specific details regarding transportation and circulation improvement needs in the North Bayshore Area can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, North Bayshore Circulation Feasibility Study, and Shoreline Regional Park Community Capital Improvement Program.
B. PARKS & OPEN SPACE
The North Bayshore Area is home to the 750-acre Shoreline at Mountain View regional park and habitats for diverse species both in and beyond the Park. Plans for the future of the North Bayshore respond to the natural environment, enhancing, protecting, and expanding on the natural biodiversity of the area, concentrating development in core areas to preserve habitats and open spaces on the edges of the district. This vision of an integrated urban ecology includes the creation of new parks and open spaces to serve the North Bayshore Area, support biodiversity, and mitigate the impacts of climate change.
As approved on June 13, 2023, the Google North Bayshore Master Plan and associated development agreement are anticipated to dedicate nearly 15 acres of public open space and construct more than 11 acres of Privately Owned Publicly Accessible (POPA) open space to expand and improve public spaces.
These will likely include plazas and paseos, neighborhood public spaces, linear parks, and a multi-use trail network throughout the area.
Specific details of parks and open space projects and enhancements can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, Gateway Master Plan, and Shoreline Regional Park Community Capital Improvement Program.
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Other existing and forthcoming documents governing parks, open space, and wildlife management that may be implemented in the North Bayshore Area include:
• Shoreline Wildlife Management Plan
• City of Mountain View Biodiversity Strategy and Urban Forest Plan (forthcoming) • City of Mountain View Parks and Recreation Strategic Plan (forthcoming)
C. PUBLIC AMENITIES AND SERVICES, OPERATIONS, AND MAINTENANCE
The North Bayshore Area is currently served
by one fire station (Fire Station #5) and
receives Police and Library services from the
downtown/civic center area of Mountain
View. In addition, the North Bayshore Area is
served by the centralized Police and Fire
Administration building, which also houses
citywide dispatch and the emergency
operations center. Additionally, new capital
improvements projects and maintenance of
existing public infrastructure, utilities, and
facilities in the North Bayshore and Mountain
View at Shoreline Regional Park require
management and staffing, which is
administered through a Memorandum of
Understanding between the Community and the City of Mountain View, as established in the most recent amendment to the North Bayshore Area Plan. The continued operation and maintenance of the improvements and programs defined in the Shoreline Act and described in this plan is a critical component of the continued development of the North Bayshore Area. The Community’s funds are authorized for payment of the costs of ongoing operations and maintenance of these improvements.
Additionally, anticipated development in the area may require the expansion of public facilities and services to maintain robust, high-quality public services across the city. Accordingly, the Google North Bayshore Master Plan, as adopted on June 13, 2023, includes a 2,000-square-foot Police Operations Station to expand services in the North Bayshore Area as it transforms into a denser, more urban environment. Additional public facilities beyond the Police Operations Station, such as a library branch, increased staffing for citywide services, and the expansion or provision of other programs, like recreation programming and homelessness services, may also be necessary to maintain existing public service levels as the North Bayshore Area is developed.
Fire Station 5 at 2195 N. Shoreline Boulevard
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Additional infrastructure, staffing, facilities, or other investments needed to provide public services to meet the needs of community growth resulting from planned development in the North Bayshore Area may be supported by the Shoreline Regional Park Community.
Specific details of projected and planned public service enhancement needs can be found in the Google North Bayshore Master Plan and Shoreline Regional Park Community Capital Improvement Program, as well as the following document, which is incorporated by reference herein and may be amended from time to time:
• Memorandum of Understanding with the City of Mountain View
D. SCHOOLS
In addition to City services, high-quality schools are integral to quality of life in the North Bayshore Area. The North Bayshore Area is served by the Mountain View Los Altos Union High School District (MVLA) and the Mountain View Whisman School District (MVWSD).
The Shoreline Regional Park Community and the City of Mountain View are committed to collaborating with the school districts to meet the existing and future needs of North Bayshore Area residents and businesses. To that end, the Google North Bayshore Master Plan as adopted on June 13, 2023, includes an approximately 4.1-acre site to be dedicated to the City of Mountain View for use as a future school site. Recognizing the school districts’ critical role in providing services to residents and training future workers, the Shoreline Regional Park Community has and will continue to work with the school districts to continue the Education Enhancement Reserve Join Powers Authority and identify opportunities to address the districts’ capital and operational needs to effectively serve the North Bayshore Area.
Specific details of collaboration with MVLA and MVWSD, including specific strategies and funding needs, can be found in the Google North Bayshore Master Plan, as well as the following documents, which may be amended from time to time:
• Education Enhancement Reserve Joint Powers Agreement
• Citywide School Strategy
E. FLOOD CONTROL AND SEA LEVEL RISE
The North Bayshore Area is at risk of flooding from the San Francisco Bay, Permanente Creek, and Stevens Creek, which was an inciting factor for the creation of the Shoreline Regional Park Community.
Since the Community's creation, this risk has increased due to sea level rise. The City of Mountain View is leveraging multiple strategies to address this risk, including participating in regional collaborative 269
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planning efforts and developing and updating a Sea Level Rise Study that includes projects to address risks posed by sea level rise.
The Sea Level Rise study incorporates the most recent available estimates and planning resources from the California Ocean Protection Council’s State of California Sea Level Rise Guidance (OPC Guidance).
The guidance is updated periodically to reflect changing conditions and advancements in climate change science and has trended upward with each revision. The 2021 study, based on the 2018 OPC Guidance, uses scenarios projecting a low of 23 inches and a high of 42 inches of sea level rise by 2070.
Using these projections, the Study identifies capital improvement projects necessary to mitigate future flooding in the North Bayshore Area and estimates the cost of each project. A map of the projects identified by the study is provided in Figure 3.
Figure 3: Shoreline Sea Level Rise Study Project Map
Specific details of planned flood control and sea level rise projects can be found in the Shoreline Sea Level Rise Study and Shoreline Regional Park Community Capital Improvement Program.
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F. CLOSED LANDFILL MAINTENANCE
A closed landfill containing 439 acres of buried refuse collected beginning in the 1960s lies under the Shoreline at Mountain View regional park and a site near the intersection of Crittenden Lane and Shoreline Boulevard. The locations of the closed landfill sites, which stopped receiving waste between 1981 and 1993, are shown in Figure 4.
As landfill refuse decomposes, it generates gas (primarily methane) and liquids, known as leachate, which can negatively impact water and air quality. The most recent amendment to the North Bayshore Area Plan included landfill closure projects. The landfill sites require continued contamination mitigation and leachate management. State law requires that the landfill be maintained and potential hazards from the landfill be mitigated for 30 years post-closure or until the site is no longer a threat to human health, safety, and the environment.
The Shoreline Landfill Master Plan was developed to study the potential environmental impacts of the closed landfill. Per the Plan, the landfill is estimated to stop producing methane at significant levels around the year 2060. The Plan identifies infrastructure projects necessary to maintain the landfill and mitigate potential environmental effects, ongoing operations and maintenance needs, and the potential costs of unexpected or catastrophic events.
Figure 4: Shoreline Closed Landfill Map
Specific details of long-term funding obligations associated with the closed landfill can be found in the Shoreline Landfill Master Plan and Shoreline Regional Park Community Capital Improvement Program. 271
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III. Financing
Realizing the North Bayshore Area’s final development phase is dependent on the ability to finance the public improvements and services described in this plan and its incorporated plans, studies, and policy documents. If all the land use plans referenced in this document achieve full buildout, the current estimated cost of these improvements and services over the next 30 years could exceed $3.69 billion.2 Over the same timeframe, current estimates indicate that the development in the North Bayshore Area described in this plan, if fully realized, could generate nearly $6.89 billion in revenue over the next 30 years. While these numbers are point-in-time estimates of full buildout scenarios, and realized costs and revenues generated by development in the area are heavily dependent on rapidly changing market conditions and macroeconomic forces, investment in public improvements will be necessary to provide services to development that does occur.
To support the final phase of the North Bayshore Area’s development, the Shoreline Regional Park Community is authorized to fund public improvements generally in the Shoreline Act and to leverage its financial powers to enact the North Bayshore Area Plan. The following public financing mechanisms will be used to fund the improvements, services, and other activities described in this plan:
• Developer Fees
The North Bayshore Precise Plan requires developers to pay impact fees per square foot of development. The Mountain View City Council adopted fee structures to complement the 2014 North Bayshore Precise Plan and its 2017 amendment. The fee structure may be amended from time to time. The most current fee structure is available on the City of Mountain View website.
At the time of the preparation of this document, this information is linked on the Application Forms and Fees page.
• Bonds
Bonds are debt securities issued by governmental entities that can be used to finance capital improvements and other projects and services. Per the Shoreline Act, the Shoreline Regional Park Community is explicitly permitted to issue bonds and incur indebtedness to finance public improvements to fulfill the purposes of the Community as described in the Act and enact the Shoreline Area Plan. Current estimates project the need to issue approaching $386 million (in 2023 dollars) in bonds to complete support the final phase of development in the North Bayshore as described in this plan.
• Tax Increment Financing – Shoreline Regional Park Community Fund Under the provisions of the Shoreline Regional Park Community and State redevelopment laws, the tax increment mechanism may be used for public improvements. Upon adoption of the Plan, the level of
2 Per the most recent estimates, which were prepared for the Google Master Plan adoption in 2023 dollars. 272
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taxation to all jurisdictions, city, county, school districts, etc., was frozen at the level of 1977-1978 assessed valuation rate; and any increases due to property improvement, new development, increases in land values and inflation have been and will be allocated back into Shoreline Regional Park Community to help pay the cost of general public Improvements, such as arterial roads, water facilities, and drainage improvements.
• Tax Increment Revenues – estimation and computation.
Notwithstanding any other provisions or statement contained in this Plan, whenever amounts of anticipated tax increment revenues are to be estimated or calculated, such shall be performed with due regard to, and in conformance with, the rights, powers, limitations, and restrictions contained in Article XIIIA of the California Constitution and in statutes implementing the same.
• Grants
State, Federal, and/or other grant funding may become available for some of the projects and needs described here, including those related to parks, active transportation infrastructure, and sea level rise mitigation. Grants must be evaluated on a case-by-case basis for their suitability to the requirements, timing, capacity, and scope of the proposed projects.
• Other Outside Financing Sources
Some of the projects and needs described in this plan and associated documents may be achieved through financing strategies not listed here.
IV. Real Property
In order to fulfill the purposes of the Shoreline Act and implement the vision of the North Bayshore Area described in this Plan, the Shoreline Regional Park Community may lease or sell all real property acquired by it, except property conveyed to it by the city or county or other public agency, and except any real property vested or conveyed under Section 42 of the Shoreline Act. The Shoreline Regional Park Community reserves the right to retain controls and establish any restrictions or covenants running with lands sold or leased for private use for such periods of time and under such conditions as the Board of Directors deems necessary to effectuate the purposes of the Shoreline Act.
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274
NORTH BAYSHORE
AREA PLAN
Attachment 2
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SHarea
NORTH BAYSHORE AREA PLAN
Recommended by the City of Mountain View Environmental Planning Commission on October 6, 1976
Adopted by the City of Mountain View City Council
by Resolution No. 11421 on March 14, 1977
Adopted by the Shoreline Regional Park Community Board of Directors by Resolution No. S-33 on December 15, 1977
Amended Resolution Summary
December 15, 1977 Council Resolution
No. 11863
Amended to provide for tax increment financing
and clarified policy toward state funding of local
interchange improvement
March 21, 1979 Board Resolution
No. S-43
Amended to affirm that tax increment financing
would conform with Cal. Const. Art. XIIIA (added in
1978 by Prop. 13)
July 27, 1993 Board Resolution
No. S-95
Added provisions to add certain landfill-related
projects to the plan, address public and non-
vehicular traffic, edit the area description,
incorporate the General Plan and other zoning
regulations by reference, and to authorize
operational and maintenance expenses.
May 26, 2026 Board Resolution
No. S-XX
Modernizing amendment to ensure plan projects
align with the final phase of the Community’s
development and update area map.
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Table of Contents
I. Introduction 1
A. Area Plan Policies: Relationship to Other Plans, Studies, and Policy Documents 3 B. Description of the Area 4
C. Public Input 5
II. Planned Vision 7
A. Office, Commercial, and Industrial Uses 7
B. Residential Uses and Affordable Housing 8
C. Open Space 9
III. Public Facilities and Services 9
A. Circulation 9
B. Parks & Open Space 11
C. Public Amenities and Services, Operations, and Maintenance 12 D. Schools 13
E. Flood Control and Sea Level Rise 13
F. Closed Landfill Maintenance 15
III. Financing 16
IV. Real Property 17
Table of Figures
Figure 1 North Bayshore Plan Area Map
Figure 2 North Bayshore Circulation Study Priority Transportation Improvements Map Figure 3 Shoreline Sea Level Rise Study Project Map
Figure 4 Shoreline Closed Landfill Map
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I. Introduction
The North Bayshore Area Plan (“plan”) is a document, subject to amendment, providing guidance to the overall policies and programs which will affect the future of the North Bayshore Area (the “area”). The plan, adopted in 1977 and subsequently amended in 1977, 1979, and 1993, is based upon adopted City-wide and North Bayshore Area goals as delineated in the revised City of Mountain View General Plan, North Bayshore Precise Plan, associated Master Plans, and the provisions of the Mountain View Shoreline Regional Park Community Act, Assembly Bill 1027, August 29, 1969 (Shoreline Act).
The Shoreline Regional Park Community’s purposes, established by the 1969 Shoreline Act, include to:
• Contribute to better living conditions through improved overall community design; • Make substantial contributions to the sound and economic growth of the area; • Provide needed additions to the general housing supply; • Provide opportunities for innovation in housing and community development technology and land use planning;
• Enlarge housing, employment, and investment opportunities; • Encourage a diversified local homebuilding industry;
• Provide a suitable environment for significant public regional recreational facilities like the Mountain View at Shoreline regional park; and
• Own, maintain, operate, administer Mountain View at Shoreline regional park. 1 Since the passage of the Shoreline Act, and adoption of the plan, the North Bayshore Area has transformed from a semi-rural tidal slough containing pig farms, auto wrecking yards, and a regional landfill into a beloved multipurpose regional park and successful office district distinguished by its corporate tenants, entertainment assets, mature landscape and its proximity to the park and the San Francisco Bay.
However, the development of the North Bayshore Area is not yet complete. The majority of the North Bayshore is covered by pavement and dedicated to automobile infrastructure, which are necessary to accommodate the large number of commuting workers. Buildings have large setbacks, are oriented away from the street, and are surrounded by surface parking lots. Traffic circulation is designed to accommodate cars and is frequently congested. The area lacks the diversity of services and amenities needed to support residential communities. Housing in the North Bayshore is extremely limited, exacerbating road congestion and presenting an unrealized opportunity to help create much-needed housing stock in the midst of a statewide crisis.
1 Shoreline Act, §32.
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Recognizing the opportunities and potential of the North Bayshore Area, the City of Mountain View has developed a future vision for the area as a cluster of sustainable complete communities that incorporate housing, office, retail, and amenities with active public space, walkable and bikeable infrastructure, public art, and habitats for local native wildlife. To support the implementation of this vision, the City of Mountain View has approved a suite of planning documents, anchored by the North Bayshore Precise Plan (NBPP). These planning documents are summarized in this document and incorporated into the North Bayshore Area Plan by reference herein.
The Board has carefully reviewed this amended plan and concludes that all actions, projects, and expenditures authorized herein are consistent with, and further, the Community’s purposes authorized by § 32 of the Shoreline Act.
Purpose of the Area Plan
This document restates and amends the North Bayshore Area Plan adopted by the Mountain View City Council on March 14, 1977, and the Shoreline Regional Park Community Board on December 15, 1977, and amended on December 15, 1977, March 26, 1979, and July 27, 1993.
The 1993 amendment incorporated the 2030 General Plan, North Bayshore Precise Plan, and City zoning regulations into the plan by reference and added several projects related to the closed landfill, transportation improvements, and ongoing operations and maintenance to the Plan. Since that amendment, the City has completed several studies and plans specific to the development and infrastructure needs in the Area, described below. Incorporating these planning and policy documents into this update reduces duplication of effort and streamlines future updates.
This amendment continues to connect the various planning and policy documents adopted by the Mountain View City Council and Shoreline Regional Park Community Board of Directors to create a comprehensive central document describing future development and capital improvements in the final phase of the area’s development, which is anticipated to take place over approximately the next 30 years. This plan, as amended, does not propose new policies, nor changes to any existing policies that have been approved and adopted by the City Council and Board of Directors.
The North Bayshore Area Plan is an important step to the development of the Area. The Area Plan should be considered flexible, subject to periodic review and updating as new information, opportunities, or constraints emerge. It does not and cannot answer every question which might arise about the future of the North Bayshore Area.
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A. AREA PLAN POLICIES: RELATIONSHIP TO OTHER PLANS, STUDIES, AND POLICY
DOCUMENTS
This amended plan summarizes the vision created for the development of the Shoreline Regional Park Community area by the following planning documents, which are incorporated herein and may be amended from time to time. In the event of any inconsistency between this document and the plans and documents listed below, the latter shall control.
i. City of Mountain View General Plan
The General Plan provides a foundation for sustained development in the Shoreline area.
In general terms, the General Plan envisions diverse and intensive land uses that build on the area’s proximity to the natural environment while preserving and enhancing the Shoreline’s unique and significant wildlife and habitat areas.
ii. City of Mountain View Housing Element
Mountain View’s Housing Element describes the City’s current housing conditions, identifies future needs, and outlines initiatives to improve available housing for diverse income levels. This document is required to be updated every 8 years.
iii. North Bayshore Precise Plan (NBPP)
Guided by the vision, goal, policies, and design directions described in the General Plan, the NBPP lays out the area’s transition into an innovative, sustainable, and complete mixed-use district through the creation of complete neighborhoods that blend market- rate and affordable residential, commercial, and office uses with services, open space, and transportation options.
iv. Master Plans
The North Bayshore Precise Plan establishes that Master Plans will help implement the goals and objectives of the General and Precise Plans.
Gateway Master Plan: The Gateway Master Plan implements the NBPP’s vision by outlining development and design standards specific to the Gateway Character Area.
Google North Bayshore Master Plan: The Google North Bayshore Master Plan implements the NBPP’s vision by outlining specific development plans to create a new mixed-used neighborhood in the area in the North Bayshore bounded by Charleston Road to the north, Stevens Creek to the east, Space Park Way to the south and Huff Avenue to the west. The Plan includes an implementation phasing plan, a 30-year Development Agreement, and a Tentative Subdivision Map. 280
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v. North Bayshore Circulation Feasibility Study
Updated alongside the development of the North Bayshore Precise Plan, the North Bayshore Circulation Feasibility Study (Circulation Study) identifies strategies to enhance transportation infrastructure and mitigate potential congestion resulting from new development.
vi. Shoreline Sea Level Rise Study
The Shoreline Sea Level Rise Study estimates future flood risk due to sea level rise and identifies mitigation projects.
vii. Shoreline Wildlife Management Plan
The Shoreline Wildlife Management Plan describes protocols and procedures to increase and maintain biodiversity at the shoreline in balance with recreational opportunities, landfill and infrastructure maintenance obligations, and public safety and health.
viii. Shoreline Landfill Master Plan
The Shoreline Landfill Master Plan evaluates the existing infrastructure at the closed landfill underlying Mountain View at Shoreline regional park to identify deficiencies, analyze the potential funding impacts of new regulations, and identify future funding requirements for the operations and maintenance of the closed landfill.
viiii. Shoreline Regional Park Community Capital Improvement Program The Shoreline Regional Park Community Capital Improvement Program (CIP) is adopted annually. The CIP identifies adopted and planned discretionary, non-discretionary, and amended capital improvement projects funded by the SRPC.
B. DESCRIPTION OF THE AREA
The North Bayshore Area Plan covers approximately 1,550 acres of land located north of the U.S. 101 Bayshore Freeway (see Figure 1). This Plan includes the development, maintenance, and operation of 750 acres now under the jurisdiction of the Mountain View Shoreline Regional Park Community. The area is bound on the south by the Bayshore Freeway (U.S. 101), on the north by the northern boundary of the Mountain View Regional Park Community, on the west by San Antonio Road, and on the east by Stevens Creek, as more specifically described in Section 1 of the Shoreline Act.
The North Bayshore Area is an important employment center for the City and the region, with moderate-intensity, suburban-type office parks, and is geographically distinctive due to its clear 281
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separation from the rest of the City by US 101. The area also includes commercial uses, including cafés, restaurants, movie theaters, and cultural destinations such as the Computer History Museum. The North Bayshore Area contains limited existing single-family residential uses, although the Santiago Villa mobile home park is adjacent to the Precise Plan area to the east.
Open space and recreational areas in the North Bayshore Area include the Stevens Creek Trail corridor, Shoreline at Mountain View Regional Park, and the Shoreline Amphitheater. Shoreline at Mountain View Regional Park and the surrounding Baylands are known to contain sensitive habitat and wildlife species. Shoreline at Mountain View Regional Park, Shoreline Amphitheater, and other facilities north of the Precise Plan area are located atop the area identified as the former Mountain View Shoreline Landfill.
C. PUBLIC INPUT
At a minimum, the plans, studies, and other documents summarized and/or referenced in the Shoreline Area Plan were adopted at public meetings that provided opportunities for public comment and participation, as required by the Brown Act. Additionally, each of the aforementioned land use plans was developed with opportunities for stakeholder input, community outreach, and public comment consistent with, and often extending beyond, the requirements of applicable state and local laws. For the specific details of each document’s community engagement and feedback process, please refer to the individual plans and associated legislative documents, as applicable.
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Figure 1: North Bayshore Plan Area Map
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II. Planned Vision
The 2030 General Plan, North Bayshore Precise Plan, and associated Master Plans envision the North Bayshore’s transformation into a district that supports a diverse community and is home to biodiverse animal and plant life. The plans provide for highly walkable, sustainable urban “Complete Neighborhoods” that contain office, commercial, and residential land uses alongside community amenities and services, interwoven with natural habitat areas. To accomplish this, the 2030 General Plan allows approximately 3.6 million square feet of net new development, including office, residential, and commercial space; enhanced parks and trail corridors; new public streets; and recreation facilities.
The new development envisioned in these planning documents describes distinct areas within the North Bayshore, each with its own unique character and identity. Incentives to transfer development from the edge area to the core area reduce development near sensitive habitats, support transit, and promote retail along Shoreline Boulevard. On-site open area requirements will provide opportunities for social interaction and physical activity.
This future vision is defined by the concentration of new development near high-frequency transit; variation in building height, form, and scale; and a variety of streetscapes and building frontages.
Revised design standards guide the transition of the area from an auto-centric, suburban office district to a more urban, higher-intensity mixed-use district with taller buildings, higher density, and human- scale frontages accessible to pedestrians, bicyclists, and transit users. A walkable block pattern, opportunities for small businesses, and housing affordability emphasize the vision of the North Bayshore Area’s future as a space for connection and community.
A. OFFICE, COMMERCIAL, AND INDUSTRIAL USES
The North Bayshore Area is home to over 7 million square feet of office, retail, and light industrial spaces critical to the economic vitality of the City of Mountain View. The General Plan and associated planning documents envision the North Bayshore continuing to serve as an employment center.
Existing land use regulations authorize the development of additional office and retail space, as well as community spaces, in a mixed-use setting to support the area’s transition from a suburban-style office park to a more urban, complete community.
Specific details and maps describing land use and zoning for office, commercial, and industrial uses can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, and Gateway Master Plan.
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B. RESIDENTIAL USES AND AFFORDABLE HOUSING
The North Bayshore Area contains limited existing single-family residential uses. Planning documents for the North Bayshore Area allow the development of nearly 10,000 multi-family residential units in one-, two-, and three-bedroom configurations, serving multiple income levels through affordable housing requirements.
Affordable housing requirements are intended to advance the City’s Regional Housing Needs Assessment (RHNA) goals dictated by the State Department of Housing and Urban Development. The requirements may be met by developing inclusive, affordable housing or by dedicating land to the City’s affordable housing program. Additionally, the City and the Shoreline Regional Park Community may approve and facilitate the development of affordable housing projects on sites in the North Bayshore Area, which will require subsidies and funding through public sources, including the Shoreline Regional Park Community.
Specific details and maps describing housing-related land use, RHNA goals, zoning, dedications, and funding needs can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, and City of Mountain View Housing Element.
Rendering of potential mixed-use development in the North Bayshore Area. 285
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C. OPEN SPACE
As envisioned by the Shoreline Act, the North Bayshore
is home to the Shoreline at Mountain View Regional
Park, a 750-acre wildlife refuge and recreation area. The future of the North Bayshore area imagines a network of public open spaces including central plazas and
neighborhood parks connected by a mix of publicly
owned and privately owned, publicly accessible linear
open spaces and paseos, creating spaces for gathering,
exercise, and recreation throughout the area. In addition to sports courts and a network of trails, plans for the North Bayshore’s future include the restoration of native trees, shrubs, and understory vegetation to provide
natural areas for local wildlife.
Specific details and maps describing land use policies
and zoning for open space and parks can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, and Gateway Master Plan.
III. Public Facilities and Services
Public facilities, services, and infrastructure are crucial for the planned vision of the next phase of development in the North Bayshore. New development will require new and upgraded multimodal transportation infrastructure, well-designed and -maintained parks and open space, public safety facilities and services, library services, schools, and other public services to provide safety and quality of life to residents, business owners, workers, and other community members. As the impacts of global climate change intensify, sea level rise mitigation projects will be necessary to protect the North Bayshore’s wildlife habitats, buildings, and infrastructure. Ongoing required maintenance of the closed landfill underlying Shoreline at Mountain View Regional Park and other parts of the North Bayshore area will continue to protect the surrounding environment and community from leachate and other contaminants.
A. CIRCULATION
To support planned commercial and residential growth in the North Bayshore while minimizing additional vehicle capacity, the vision for the future of the North Bayshore Area includes concentrated growth with walkable streets and block patterns, active transportation infrastructure, and transit- oriented circulation. The North Bayshore Circulation Feasibility Study (Circulation Study) builds on the Native redwoods shade a pedestrian path in the
North Bayshore area.
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most recent updates to the North Bayshore Area Plan to support the expansion of public transit, pedestrian, and bicycle access to the North Bayshore while reducing vehicle traffic. The Circulation Study addresses potential transportation issues arising from new development through a multi-modal strategy to support the full build-out of North Bayshore. Circulation improvements planned for the North Bayshore are designed to make multimodal travel more comfortable and convenient, mitigate congestion, and encourage sustainability and community.
The Circulation Study lists strategies including gateway trip cap and SOV policies, monitoring, and penalties; accelerating the implementation of Priority Transportation Improvements identified in the Study; planning and advocating for expanded public transit service; expanded bicycle and pedestrian pathways; and Transportation Demand Management requirements and enforcement mechanisms. The Priority Transportation Improvements list identifies projects planned for 5-, 10-, and 20-year implementation timeframes as of the completion of the Study and includes the estimated cost of each project in its year of construction (See Figure 2).
Figure 2: North Bayshore Circulation Study Priority Transportation Improvements Map
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Specific details regarding transportation and circulation improvement needs in the North Bayshore Area can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, North Bayshore Circulation Feasibility Study, and Shoreline Regional Park Community Capital Improvement Program.
B. PARKS & OPEN SPACE
The North Bayshore Area is home to the 750-acre Shoreline at Mountain View regional park and habitats for diverse species both in and beyond the Park. Plans for the future of the North Bayshore respond to the natural environment, enhancing, protecting, and expanding on the natural biodiversity of the area, concentrating development in core areas to preserve habitats and open spaces on the edges of the district. This vision of an integrated urban ecology includes the creation of new parks and open spaces to serve the North Bayshore Area, support biodiversity, and mitigate the impacts of climate change.
As approved on June 13, 2023, the Google North Bayshore Master Plan and associated development agreement are anticipated to dedicate nearly 15 acres of public open space and construct more than 11 acres of Privately Owned Publicly Accessible (POPA) open space to expand and improve public spaces.
These will likely include plazas and paseos, neighborhood public spaces, linear parks, and a multi-use trail network throughout the area.
Specific details of parks and open space projects and enhancements can be found in the General Plan, North Bayshore Precise Plan, Google North Bayshore Master Plan, Gateway Master Plan, and Shoreline Regional Park Community Capital Improvement Program.
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Shoreline Area Plan | 12
Other existing and forthcoming documents governing parks, open space, and wildlife management that may be implemented in the North Bayshore Area include:
• Shoreline Wildlife Management Plan
• City of Mountain View Biodiversity Strategy and Urban Forest Plan (forthcoming) • City of Mountain View Parks and Recreation Strategic Plan (forthcoming)
C. PUBLIC AMENITIES AND SERVICES, OPERATIONS, AND MAINTENANCE
The North Bayshore Area is currently served
by one fire station (Fire Station #5) and
receives Police and Library services from the
downtown/civic center area of Mountain
View. In addition, the North Bayshore Area is
served by the centralized Police and Fire
Administration building, which also houses
citywide dispatch and the emergency
operations center. Additionally, new capital
improvements projects and maintenance of
existing public infrastructure, utilities, and
facilities in the North Bayshore and Mountain
View at Shoreline Regional Park require
management and staffing, which is
administered through a Memorandum of
Understanding between the Community and the City of Mountain View, as established in the most recent amendment to the North Bayshore Area Plan. The continued operation and maintenance of the improvements and programs defined in the Shoreline Act and described in this plan is a critical component of the continued development of the North Bayshore Area. The Community’s funds are authorized for payment of the costs of ongoing operations and maintenance of these improvements.
Additionally, anticipated development in the area may require the expansion of public facilities and services to maintain robust, high-quality public services across the city. Accordingly, the Google North Bayshore Master Plan, as adopted on June 13, 2023, includes a 2,000-square-foot Police Operations Station to expand services in the North Bayshore Area as it transforms into a denser, more urban environment. Additional public facilities beyond the Police Operations Station, such as a library branch, increased staffing for citywide services, and the expansion or provision of other programs, like recreation programming and homelessness services, may also be necessary to maintain existing public service levels as the North Bayshore Area is developed.
Fire Station 5 at 2195 N. Shoreline Boulevard
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Shoreline Area Plan | 13
Additional infrastructure, staffing, facilities, or other investments needed to provide public services to meet the needs of community growth resulting from planned development in the North Bayshore Area may be supported by the Shoreline Regional Park Community.
Specific details of projected and planned public service enhancement needs can be found in the Google North Bayshore Master Plan and Shoreline Regional Park Community Capital Improvement Program, as well as the following document, which is incorporated by reference herein and may be amended from time to time:
• Memorandum of Understanding with the City of Mountain View
D. SCHOOLS
In addition to City services, high-quality schools are integral to quality of life in the North Bayshore Area. The North Bayshore Area is served by the Mountain View Los Altos Union High School District (MVLA) and the Mountain View Whisman School District (MVWSD).
The Shoreline Regional Park Community and the City of Mountain View are committed to collaborating with the school districts to meet the existing and future needs of North Bayshore Area residents and businesses. To that end, the Google North Bayshore Master Plan as adopted on June 13, 2023, includes an approximately 4.1-acre site to be dedicated to the City of Mountain View for use as a future school site. Recognizing the school districts’ critical role in providing services to residents and training future workers, the Shoreline Regional Park Community has and will continue to work with the school districts to continue the Education Enhancement Reserve Join Powers Authority and identify opportunities to address the districts’ capital and operational needs to effectively serve the North Bayshore Area.
Specific details of collaboration with MVLA and MVWSD, including specific strategies and funding needs, can be found in the Google North Bayshore Master Plan, as well as the following documents, which may be amended from time to time:
• Education Enhancement Reserve Joint Powers Agreement
• Citywide School Strategy
E. FLOOD CONTROL AND SEA LEVEL RISE
The North Bayshore Area is at risk of flooding from the San Francisco Bay, Permanente Creek, and Stevens Creek, which was an inciting factor for the creation of the Shoreline Regional Park Community.
Since the Community's creation, this risk has increased due to sea level rise. The City of Mountain View is leveraging multiple strategies to address this risk, including participating in regional collaborative 290
Shoreline Area Plan | 14
planning efforts and developing and updating a Sea Level Rise Study that includes projects to address risks posed by sea level rise.
The Sea Level Rise study incorporates the most recent available estimates and planning resources from the California Ocean Protection Council’s State of California Sea Level Rise Guidance (OPC Guidance).
The guidance is updated periodically to reflect changing conditions and advancements in climate change science and has trended upward with each revision. The 2021 study, based on the 2018 OPC Guidance, uses scenarios projecting a low of 23 inches and a high of 42 inches of sea level rise by 2070.
Using these projections, the Study identifies capital improvement projects necessary to mitigate future flooding in the North Bayshore Area and estimates the cost of each project. A map of the projects identified by the study is provided in Figure 3.
Figure 3: Shoreline Sea Level Rise Study Project Map
Specific details of planned flood control and sea level rise projects can be found in the Shoreline Sea Level Rise Study and Shoreline Regional Park Community Capital Improvement Program.
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Shoreline Area Plan | 15
F. CLOSED LANDFILL MAINTENANCE
A closed landfill containing 439 acres of buried refuse collected beginning in the 1960s lies under the Shoreline at Mountain View regional park and a site near the intersection of Crittenden Lane and Shoreline Boulevard. The locations of the closed landfill sites, which stopped receiving waste between 1981 and 1993, are shown in Figure 4.
As landfill refuse decomposes, it generates gas (primarily methane) and liquids, known as leachate, which can negatively impact water and air quality. The most recent amendment to the North Bayshore Area Plan included landfill closure projects. The landfill sites require continued contamination mitigation and leachate management. State law requires that the landfill be maintained and potential hazards from the landfill be mitigated for 30 years post-closure or until the site is no longer a threat to human health, safety, and the environment.
The Shoreline Landfill Master Plan was developed to study the potential environmental impacts of the closed landfill. Per the Plan, the landfill is estimated to stop producing methane at significant levels around the year 2060. The Plan identifies infrastructure projects necessary to maintain the landfill and mitigate potential environmental effects, ongoing operations and maintenance needs, and the potential costs of unexpected or catastrophic events.
Figure 4: Shoreline Closed Landfill Map
Specific details of long-term funding obligations associated with the closed landfill can be found in the Shoreline Landfill Master Plan and Shoreline Regional Park Community Capital Improvement Program. 292
Shoreline Area Plan | 16
III. Financing
Realizing the North Bayshore Area’s final development phase is dependent on the ability to finance the public improvements and services described in this plan and its incorporated plans, studies, and policy documents. If all the land use plans referenced in this document achieve full buildout, the current estimated cost of these improvements and services over the next 30 years could exceed $3.69 billion.2 Over the same timeframe, current estimates indicate that the development in the North Bayshore Area described in this plan, if fully realized, could generate nearly $6.89 billion in revenue over the next 30 years. While these numbers are point-in-time estimates of full buildout scenarios, and realized costs and revenues generated by development in the area are heavily dependent on rapidly changing market conditions and macroeconomic forces, investment in public improvements will be necessary to provide services to development that does occur.
To support the final phase of the North Bayshore Area’s development, the Shoreline Regional Park Community is authorized to fund public improvements generally in the Shoreline Act and to leverage its financial powers to enact the North Bayshore Area Plan. The following public financing mechanisms will be used to fund the improvements, services, and other activities described in this plan:
• Developer Fees
The North Bayshore Precise Plan requires developers to pay impact fees per square foot of development. The Mountain View City Council adopted fee structures to complement the 2014 North Bayshore Precise Plan and its 2017 amendment. The fee structure may be amended from time to time. The most current fee structure is available on the City of Mountain View website.
At the time of the preparation of this document, this information is linked on the Application Forms and Fees page.
• Bonds
Bonds are debt securities issued by governmental entities that can be used to finance capital improvements and other projects and services. Per the Shoreline Act, the Shoreline Regional Park Community is explicitly permitted to issue bonds and incur indebtedness to finance public improvements to fulfill the purposes of the Community as described in the Act and enact the Shoreline Area Plan. Current estimates project the need to issue approaching $386 million (in 2023 dollars) in bonds to complete support the final phase of development in the North Bayshore as described in this plan.
• Tax Increment Financing – Shoreline Regional Park Community Fund Under the provisions of the Shoreline Regional Park Community and State redevelopment laws, the tax increment mechanism may be used for public improvements. Upon adoption of the Plan, the level of
2 Per the most recent estimates, which were prepared for the Google Master Plan adoption in 2023 dollars. 293
Shoreline Area Plan | 17
taxation to all jurisdictions, city, county, school districts, etc., was frozen at the level of 1977-1978 assessed valuation rate; and any increases due to property improvement, new development, increases in land values and inflation have been and will be allocated back into Shoreline Regional Park Community to help pay the cost of general public Improvements, such as arterial roads, water facilities, and drainage improvements.
• Tax Increment Revenues – estimation and computation.
Notwithstanding any other provisions or statement contained in this Plan, whenever amounts of anticipated tax increment revenues are to be estimated or calculated, such shall be performed with due regard to, and in conformance with, the rights, powers, limitations, and restrictions contained in Article XIIIA of the California Constitution and in statutes implementing the same.
• Grants
State, Federal, and/or other grant funding may become available for some of the projects and needs described here, including those related to parks, active transportation infrastructure, and sea level rise mitigation. Grants must be evaluated on a case-by-case basis for their suitability to the requirements, timing, capacity, and scope of the proposed projects.
• Other Outside Financing Sources
Some of the projects and needs described in this plan and associated documents may be achieved through financing strategies not listed here.
IV. Real Property
In order to fulfill the purposes of the Shoreline Act and implement the vision of the North Bayshore Area described in this Plan, the Shoreline Regional Park Community may lease or sell all real property acquired by it, except property conveyed to it by the city or county or other public agency, and except any real property vested or conveyed under Section 42 of the Shoreline Act. The Shoreline Regional Park Community reserves the right to retain controls and establish any restrictions or covenants running with lands sold or leased for private use for such periods of time and under such conditions as the Board of Directors deems necessary to effectuate the purposes of the Shoreline Act.
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Shoreline Area Plan | 18
295
City of Mountain View
Legislation Text
CITY HALL
500 CASTRO STREET
File #: 204437, Version: 1
Parks and Recreation Strategic Plan Adoption
Adopt the Parks and Recreation Strategic Plan (Attachment 1 to the Council report).
City of Mountain View Printed on 5/21/2026Page 1 of 1
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296
DATE:
May 26, 2026
CATEGORY:
Unfinished Business
DEPT.:
Community Services
TITLE: Parks and Recreation Strategic Plan
Adoption
RECOMMENDATION
Adopt the Parks and Recreation Strategic Plan (Attachment 1 to the Council report).
BACKGROUND
On November 17, 2025, the Parks and Recreation Commission (PRC) reviewed the draft Parks and Recreation Strategic Plan (Plan) and provided feedback to inform revisions. Feedback from the PRC and the public focused on strengthening the clarity, organization, and usability of the Plan. Key themes included improving the connection between community input, analysis, and action items; increasing emphasis on trees, biodiversity, and safe access to parks and trails; and expanding Planning Area-based analysis, including consideration of future growth and progress toward the City’s park land goal. Feedback also highlighted the need to refine the terminology, better articulate funding and staffing considerations, expand the assessment of school fields, and shift toward a more distributio n-based approach to evaluating parks and amenities. Staff incorporated these themes into a comprehensive revision of the draft Plan, which was presented to the City Council on January 27, 2026 (see Attachment 2 – November 2025 PRC and Community Feedback – Summary of Feedback Themes and Plan Revisions).
On January 27, 2026, the City Council held a Study Session to review the updated draft Plan and provide policy direction. Council’s discussion was focused on three main questions as to whether:
(1) the Plan accurately reflects the City’s existing parks and recreation system; (2) the proposed Vision, Goals, and Strategies appropriately guide the future of parks and recreation; and (3) the Action Plan priorities and timelines match Council’s expectations.
Councilmembers gave positive feedback about the overall draft Plan and also provided the following direction:
• Establish a new goal focused on biodiversity and natural park design elements and incorporate the importance of parks as part of the natural environment throughout the Plan;
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Parks and Recreation Strategic Plan Adoption
May 26, 2026