Agenda packet — Mountain View City Council, June 9, 2026 (part 1 of 4)

CITY COUNCIL AGENDA AND NOTICE
CITY OF MOUNTAIN VIEW TUESDAY, JUNE 9, 2026 - 5:30 PM
COUNCIL CHAMBERS AND VIDEO CONFERENCE, 500
CASTRO ST., MOUNTAIN VIEW, CA 94041
Mayor Emily Ann Ramos
Vice Mayor Chris Clark
Councilmember Alison Hicks
Councilmember Ellen Kamei
Councilmember John McAlister
Councilmember Lucas Ramirez
Councilmember Pat Showalter
Kimbra McCarthy, City Manager
Jennifer Logue, City Attorney
Heather Glaser, City Clerk
Council Chambers and Video Conference, 500 Castro
St., Mountain View, CA 94041
Tuesday, June 9, 20265:30 PM

JOINT MEETING OF CITY COUNCIL (REGULAR), SHORELINE REGIONAL PARK COMMUNITY (SPECIAL), AND CITY OF MOUNTAIN VIEW CAPITAL IMPROVEMENTS FINANCING AUTHORITY (REGULAR)
This meeting is being conducted with a virtual component. Anyone wishing to address the Council virtually may join the meeting online at: https://mountainview.zoom.us/j/84351267142 or by dialing (669) 900-9128 and entering Webinar ID: 843 5126 7142. When the Mayor announces the item on which you wish to speak, click the “raise hand” feature in Zoom or dial *9 on your phone. When the Mayor calls your name to provide public comment, if you are participating via phone, please press *6 to unmute yourself.

Spanish or Chinese interpretation is available at no cost via Zoom upon request. Please contact the City Clerk's office by 5:00 p.m. at least two business days prior to the day of the scheduled Council meeting by phone at (650) 903-6304 or by email at [email protected]
Esta reunión se está llevando a cabo con un componente virtual. Cualquier persona que desee dirigirse al Concejo virtualmente, puede unirse a la reunión en: https://mountainview.zoom.us/j/84351267142 o marcando al (669) 900-9128 e ingresando el ID del Seminario Web. Cuando la alcaldesa anuncie el punto en el que usted desee hablar, haga clic en “levantar la mano” en Zoom o marque *9 en su teléfono. Si participa por medio de una llamada telefónica, presione *6 para proporcionar su comentario público cuando la alcaldesa mencione su nombre. Interpretación en español y chino disponible sin costo por medio de Zoom si se solicita.

Comuníquese con la Oficina de la Secretaría Municipal antes de las 5:00 p. m. con al menos dos días hábiles antes del día en que la reunión del Concejo está programada. Comuníquese por teléfono al (650) 903-6304 o por correo electrónico a [email protected]
本次会议的举行将包括虚拟方式。任何希望以虚拟方式向市议会发表意见的人都可以通过以下方式在
线参加会议：https://mountainview.zoom.us/j/84351267142 或拨打（669）900-9128 并输入网络会议ID：843 5126 7142。当市长宣布您希望发言的项目时，请点击Zoom中的“举手”（“raise hand”）功能，或在电话上拨打*9。当市长叫到您的名字时，如果您是通过电话参与，请按*6取消静
音。西班牙语或中文口译服务可根据要求通过Zoom免费提供。请至少在预定的市议会会议召开的两个
工作日前的下午 5:00 之前通过以下方式联系市书记办公室, 致电 (650) 903-6304 或发送电子邮件至 [email protected]
1 TUESDAY, JUNE 9, 2026 - 5:30 PMCity Council AGENDA AND NOTICE TELECONFERENCE NOTICE:

Councilmember John McAlister will participate in the meeting by teleconference pursuant to Government Code §54953(b) from Dunkin’ Corporate Office, 130 Royall Street, Canton, MA 02021. The teleconference location will be accessible to the public and the agenda for the meeting will be posted at that location pursuant to Government Code Section 54953(b)(3). Members of the public have the opportunity to address the legislative body at this location. 5:30 P.M.-CLOSED SESSION

1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION)

2. CLOSED SESSION

2.1 Public Employee Appointment (California Government Code §54957(b)(1)) Title: City Attorney 6:30 P.M.-REGULAR SESSION

1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL

2. CLOSED SESSION REPORT

3. PRESENTATIONS
These are presentations only. The City Council will not take any action.

3.1 Pride Month Proclamation

3.2 Juneteenth Proclamation

4. CONSENT CALENDAR
These items will be approved by one motion unless any member of the Council or audience wishes to remove an item for discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.

4.1 Code Amendment to Chapter 36 (Zoning)-Below-Market-Rate Housing Program (Second Reading) Adopt an Ordinance of the City of Mountain View Amending Chapter 36, Article XIV, Division 2 (Residential Development: Below-Market-Rate Housing Program) of the Mountain View City Code to Modify the Below-Market-Rate Program and add Section

36.40.32 Governing Graduated Fee Reduction for Small Projects, and Finding That These Code Amendments are Not Subject to the California Environmental Quality Act, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading: 7-0)
Recommendation(s):

Council Report
ATT 1 - Ordinance
Attachment(s):

City of Mountain View Page 2 of 8 Printed on 6/4/2026
2 TUESDAY, JUNE 9, 2026 - 5:30 PMCity Council AGENDA AND NOTICE

4.2 City Code Amendments to Allow Streamlined Administrative Approval for Housing Development Projects Utilizing Assembly Bill 130 and Other Minor Updates (Second Reading)

1. Adopt 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, to be read in title only, further reading waived (Attachment 1 to the Council Report). (First reading: 7-0)

2. Adopt 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, to be read in title only, further reading waived (Attachment 2 to the Council report). (First reading: 7- 0)
Recommendation(s):

Council Report
ATT 1 - Ordinance Amending Chapter 36 (Zoning)
ATT 2 - Ordinance Amending Chapter 28 and Chapter 41
ATT 3 - Council Report dated May 26, 2026
Attachment(s):

4.3 AB 481 Military Equipment Annual Report and Policy Adoption (Second Reading) Adopt an Ordinance of the City of Mountain View Renewing Approval of Mountain View Police Department Military Equipment Use Policy, Adopting Updated Military Equipment Use Policy and Finding That This Action is Not Subject to the California Environmental Quality Act, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading 7-0)
Recommendation(s):

Council Report
ATT 1 - Ordinance and Exhibit A (MVPD Policy 709: Military Equipment) Attachment(s):

4.4 Annual Homeless Response Contracts and Shelter Crisis Resolution

1. Adopt a Resolution of the City Council of the City of Mountain View Authorizing the City Manager or Designee to Execute Fiscal Year 2026-27 Funding Agreements with the Recommendation(s):

City of Mountain View Page 3 of 8 Printed on 6/4/2026
3 TUESDAY, JUNE 9, 2026 - 5:30 PMCity Council AGENDA AND NOTICE Community Services Agency of Mountain View, Los Altos, and Los Altos Hills for Housing-Related Services in an Amount Not to Exceed One Hundred Seventy-Seven Thousand Dollars ($177,000), and for a Homeless Prevention Direct Financial Assistance Program in an Amount Not to Exceed One Hundred Fifty Thousand Dollars ($150,000), to be read in title only, further reading waived (Attachment 1 to the Council report).

2. Adopt a Resolution of the City Council of the City of Mountain View Amending Resolution No. 18301 to Extend the Declaration of a Shelter Crisis in the City of Mountain View Through June 30, 2035, to be read in title only, further reading waived (Attachment 2 to the Council report).

Council Report
ATT 1 - Resolution – Funding Agreements with CSA
ATT 2 - Resolution – Extend Declaration of Shelter Crisis Attachment(s):

4.5 Fiscal Year 2026-27 Transportation Development Act (TDA) Article 3 Funding-Recommended Project

1. Adopt a Resolution of the City Council of the City of Mountain View Approving a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2026-27 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding, to be read in title only, further reading waived (Attachment 1 to the Council report).

2. Accept $165,225 in Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding and appropriate funds to Interim Pedestrian Mall Improvements, Castro Intersections, Project 23-49. (Five votes required) Recommendation(s):

Council Report
ATT 1 - Resolution
Attachment(s):

4.6 Heat Pump Water Heater Rebate Program
Adopt a Resolution of the City Council of the City of Mountain View Authorizing the City Manager or Their Designee to Amend an Agreement with Silicon Valley Clean Energy to Increase Funding for the Heat Pump Water Heater Program by $500,000, Resulting in a Total Not-to-Exceed Amount of $1,000,000, to be read in title only, further reading waived (Attachment 1 to the Council report).

Recommendation(s):

Council Report
ATT 1 - Resolution
Attachment(s):

4.7 General Municipal Election for Three Councilmembers--November 3, 2026

1. Adopt a Resolution of the City Council of the City of Mountain View Calling a General Municipal Election for the purpose of Electing Three (3) Members of the City Council, Requesting the Board of Supervisors to Authorize the Registrar of Voters to Recommendation(s):

City of Mountain View Page 4 of 8 Printed on 6/4/2026
4 TUESDAY, JUNE 9, 2026 - 5:30 PMCity Council AGENDA AND NOTICE Contract for Election Services, Authorizing the City Clerk to Contract with the County of Santa Clara Pertaining to Services to be Performed by the County in Connection with the General Municipal Election to be held on Tuesday, November 3, 2026, and Related Actions, to be read in title only, further reading waived (Attachment 1 to the Council report).

2. Adopt a Resolution of the City Council of the City of Mountain View Adopting a 200 -Word Maximum for a Candidate’s Statement of Qualifications and Charging Each Candidate for a Fixed Share of Costs for the Printing, Handling, Translating, and Mailing for the General Municipal Election to be Held on Tuesday, November 3, 2026, to be read in title only, further reading waived (Attachment 2 to the Council report).

3. Direct the City Clerk to take all necessary actions related to the conduct of the November 3, 2026 General Municipal Election.

Council Report
ATT 1 - Resolution - Calling Election
ATT 2 - Resolution - Candidate Statement
Attachment(s):

4.8 Magical Bridge All-Inclusive Playground, Project 18-36, Rengstorff Park Maintenance/Tennis Building Replacement, Project 21-48, and Fire/Police Training and Classroom Facility at Fire Station 5, Project 20-35-Construction Acceptance

1. Accept Magical Bridge All-Inclusive Playground, Project 18-36, Rengstorff Park, and Maintenance/Tennis Building Replacement, Project 21-48 and authorize the final contract payment.

2. Accept Fire/Police Training and Classroom at Fire Station 5, Project 20-35, and authorize the final contract payment.

Recommendation(s):

Council ReportAttachment(s):

4.9 Amendment to City Code to Govern the Selection of Arguments for City Ballot Measures Introduce an Ordinance of the City of Mountain View Amending Chapter 2, Article VIII of the Mountain View City Code to Add Section 2.86.25 Governing the Selection of Arguments for City Ballot Measures and to Make Other Clarifying Modifications, to be read in title only, further reading waived, and set a second reading for June 23, 2026 (Attachment 1 to the Council report).

Recommendation(s):

Council Report
ATT 1 - Ordinance
Attachment(s):

4.10 975 Terra Bella Avenue (APN: 153-18-030)-Acquisition of Real Property

1. Approve the acquisition of property located at 975 Terra Bella Avenue (APN: 153-18 -030) owned by Steve Nash and Dennis Ryan, tenants in common in equal parts.

Recommendation(s):

City of Mountain View Page 5 of 8 Printed on 6/4/2026
5 TUESDAY, JUNE 9, 2026 - 5:30 PMCity Council AGENDA AND NOTICE

2. Appropriate $8.65 million from the Park Land Dedication Fund for the acquisition and closing costs of 975 Terra Bella Avenue. (Five votes required)

3. Transfer and Appropriate $350,000 from the Park Land Dedication Fund to San Rafael Avenue Park, Design and Construction, Project 24-36. (Five votes required)

4. Authorize the City Manager or designee to execute all documents and take necessary action related to the acquisition of 975 Terra Bella Avenue (APN: 153-18- 030).

5. Find that in accordance with the requirements of the California Environmental Quality Act (CEQA), under California Code of Regulations Title 14, Section 15325, the acquisition of these properties is categorically exempt as Class 25(f) because the acquisitions preserve lands for park purposes.

Council Report
ATT 1 - Park Land Dedication Fund Commitment
Attachment(s):

4.11 Appointment to the Santa Clara Valley Transportation Authority Bicycle & Pedestrian Advisory Committee
Approve the Bicycle/Pedestrian Advisory Committee recommendation to appoint James Kuszmaul as the City of Mountain View’s representative to the Santa Clara Valley Transportation Authority Bicycle & Pedestrian Advisory Committee for the term beginning on July 1, 2026, and ending on June 30, 2028.

Recommendation(s):

Council ReportAttachment(s):

5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the agenda. Speakers are allowed to speak on any topic within the City Council's subject matter jurisdiction for up to three minutes during this section. If there appears to be a large number of speakers, speaking time may be reduced to no less than 1.5 minutes. State law prohibits the Council from acting on nonagenda items.

6. PUBLIC HEARINGS

6.1 City of Mountain View Vacancies and Recruitment and Retention Efforts (Government Code Section 3502.3)
Convene a public hearing pursuant to Government Code Section 3502.3, to receive a Fiscal Year 2025-26 report on City of Mountain View vacancies and recruitment and retention efforts.

Recommendation(s):

Council ReportAttachment(s):

6.2 Fiscal Year 2026-27 Recommended Budget
City of Mountain View Page 6 of 8 Printed on 6/4/2026
6 TUESDAY, JUNE 9, 2026 - 5:30 PMCity Council AGENDA AND NOTICE Convene a public hearing, accept public comment, and provide input to staff on the Fiscal Year 2026-27 Recommended Budget (Attachment 1 to the Council report).

Recommendation(s):

Council Report
ATT 1 - Fiscal Year 2026-27 Recommended Budget Document Attachment(s):

7. NEW BUSINESS

7.1 Charter Modernization - 2026 Ballot Measure
Adopt a Resolution of the City Council of the City of Mountain View: (1) Calling a General Municipal Election and Ordering Consolidation with the Statewide General Election for the Purpose of Submitting to the Voters a Ballot Measure to Amend the City Charter to Modernize and Clarify its Provisions; (2) Authorizing Members of the Council to Author an Argument for the Ballot Measure; (3) Directing the City Attorney to Prepare an Impartial Analysis; and (4) Authorizing the City Clerk to Contract with the County of Santa Clara for Services to be Performed in Connection with the General Municipal Election to be Held on Tuesday, November 3, 2026, to be read in title only, further reading waived.

Recommendation(s):

Council Report
ATT 1 - Resolution
Attachment(s):

8. COUNCIL, STAFF/COMMITTEE REPORTS
No action will be taken on any questions raised by the Council at this time.

9. ADJOURNMENT
NOTICE TO THE PUBLIC:

There is a 90-day limit for the filing of a challenge in Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting.

The agenda, reports, and any writings or documents provided to a majority of the City Council regarding any item on this agenda are posted at https://mountainview.legistar.com under the meeting details for the date of this meeting. The agenda may also be viewed at City Hall, 500 Castro Street, the City Clerk's Office, 500 Castro Street, Third Floor and at the Mountain View Library, 585 Franklin Street, beginning the Friday morning prior to Tuesday City Council meetings. Printed copies of the agenda, reports, and any writings or documents already provided to a majority of the City Council regarding any item on this agenda may be requested at the City Clerk's Office during normal business hours.

The Council may consider and act on items listed on the agenda in any order and thus those interested in an item listed on the agenda are advised to be present throughout the meeting. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise. Per Council Policy A-13, no new items of business will begin after 10:00 p.m. unless an exception is made by vote of the Council.

Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance in this meeting, please contact the City Clerk's Office at (650) 903-6399 or by email at [email protected] 48 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)). If you have a hearing or speech disability, please use the California Relay System at 711, TDD 650-967-0158 or 800-735-2929.

City of Mountain View Page 7 of 8 Printed on 6/4/2026
7 TUESDAY, JUNE 9, 2026 - 5:30 PMCity Council AGENDA AND NOTICE The City of Mountain View does not discriminate on the basis of race, color, religion, national origin, sex, disability, age, source of income, gender, gender expression or identity, or any other State or Federal protected class in any of its policies, procedures or practices. This nondiscrimination policy covers admission and access to, or treatment or employment in, the City of Mountain View programs and activities. For inquiries regarding the nondiscrimination policy, please contact the City's Section 504 Coordinator at [email protected] or 650-903-6397.

Computer-generated captioning of the City Council meeting is unedited and should neither be relied upon for complete accuracy nor used as a verbatim transcript.

ADDRESSING THE COUNCIL:

Email comments to [email protected] by 4:30 p.m. on the meeting date. Emails will be received directly by the City Council. Please identify the Agenda item number in the subject line of your email. Requests to show an audio or video presentation during a Council meeting should be directed to [email protected] by 4:30 p.m. on the meeting date.

Anyone wishing to address the Council in person must complete a blue speaker card indicating the name you would like to be called by when it is your turn to speak and the item number on which you wish to speak. Please complete one blue speaker card for each item on which you wish to speak. Virtual and in-person speakers will be called in order as determined by the Mayor.

Pursuant to Council Policy A-13, an individual speaker shall have up to 3 minutes to address the Council. For any agenda item or for Oral Communications on nonagenda items, if there appears to be a large number of speakers, the Mayor may reduce speaking time to no less than 1.5 minutes per speaker unless there is an objection from Council by majority vote.

If requested in advance of the public input portion of the agenda item to the Mayor or City Clerk, a speaker who represents five or more members of the public in attendance who complete cards but elect not to speak may have up to 10 minutes to address the Council, if the Mayor determines that such extension will reduce the total number of speakers who planned to speak.

An applicant and/or appellant for a zone change, precise plan or quasi-judicial hearing or appeal to the Council shall have up to 10 minutes to address the Council and, with the consent of the Council, two minutes of rebuttal at the conclusion of all public speakers.

The presiding officer may remove or cause the removal of any individual(s) for disrupting a meeting in accordance with California Government Code section 54957.95, as may be amended from time to time. In accordance with California Government Code section 54957.9, as may be amended from time to time, the Council may order a meeting room cleared and continue in session in the event a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting impossible, and order cannot be restored by the removal of individuals who are disrupting the meeting.

Pursuant to Government Code Section 54954.3(b)(1), at least twice the allotted speaking time will be provided to a member of the public who utilizes a translator.

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8 City of Mountain View
Legislation Text

CITY HALL
500 CASTRO STREET
File #: 206221, Version: 1
Public Employee Appointment (California Government Code §54957(b)(1)) Title: City Attorney City of Mountain View Printed on 6/4/2026Page 1 of 1
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CITY HALL
500 CASTRO STREET
File #: 205903, Version: 1
Pride Month Proclamation
City of Mountain View Printed on 6/4/2026Page 1 of 1
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CITY HALL
500 CASTRO STREET
File #: 205904, Version: 1
Juneteenth Proclamation
City of Mountain View Printed on 6/4/2026Page 1 of 1
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CITY HALL
500 CASTRO STREET
File #: 205147, Version: 1
Code Amendment to Chapter 36 (Zoning)-Below-Market-Rate Housing Program (Second Reading) Adopt an Ordinance of the City of Mountain View Amending Chapter 36, Article XIV, Division 2 (Residential Development: Below-Market-Rate Housing Program) of the Mountain View City Code to Modify the Below- Market-Rate Program and add Section 36.40.32 Governing Graduated Fee Reduction for Small Projects, and Finding That These Code Amendments are Not Subject to the California Environmental Quality Act, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading: 7-0) City of Mountain View Printed on 6/4/2026Page 1 of 1
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12 DATE:

June 9, 2026
CATEGORY:

Consent
DEPT.:

Housing Department

TITLE: Code Amendment to Chapter 36
(Zoning)—Below-Market-Rate Housing
Program (Second Reading)

RECOMMENDATION

Adopt an Ordinance of the City of Mountain View Amending Chapter 36, Article XIV, Division 2 (Residential Development: Below -Market-Rate Housing Program) of the Mountain View City Code to Modify the Below-Market-Rate Program and add Section 36.40.32 Governing Graduated Fee Reduction for Small Projects, and Finding That These Code Amendments are Not Subject to the California Environmental Quality Act, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading: 7-0)

SUMMARY

On May 12, 2026, the City Council held a Public Hearing (first reading) to introduce an ordinance to amend Chapter 36 (Zoning) of the City Code to:

• Increase the physical accessibility of BMR units.

• Establish objective standards for alternative means of compliance and removing discretionary approvals from this component of the application process. The ordinance also retains land dedication and off -site development, adds acquisition and preservation and removes the in-lieu fee and catch-all provisions

• Update the in-lieu fee escalator and amounts.

• Complete remaining cleanup items including allowing ownership projects to have a weighted average of up to 100% Area Median Income and updating the administering Department from Community Development to Housing that were not completed during the Phase 1 amendments completed in Feb/March 2025.

• Remove the HOA Reserve Fund requirement.

13 Code Amendment to Chapter 36 (Zoning)—Below-Market-Rate Housing Program (Second Reading) June 9, 2026

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• Adopt a graduated in-lieu fee reduction for small projects of six units or less.

• Allow updates to the BMR Program Guidelines to occur administratively.

Council unanimously supported the amendments (7-0 vote).

Council also approved staff’s recommendation to relocate the BMR ordinance from Chapter 36 (Zoning) to Chapter 46 (Housing) and bring back amendments before the end of 2026.

This is the second reading of the ordinance for Chapter 36 of the City Code. If approved, the ordinance will become effective thirty (30) calendar days after the second reading, which is July 9, 2026.

FISCAL IMPACT

Approval of the proposed ordinance does not impact the General Fund . The proposed amendments remove the in-lieu fee option for compliance with the Below-Market-Rate Housing Program, which will significantly reduce future in-lieu fee 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 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

14 Code Amendment to Chapter 36 (Zoning)—Below-Market-Rate Housing Program (Second Reading) June 9, 2026

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PUBLIC NOTICING

Agenda posting. The ordinance was published at least two days prior to adoption in accordance with City Charter Section 522.

Prepared by:

Julie Barnard
Affordable Housing Manager

Approved by:

Wayne Chen
Housing Director

Audrey Seymour
Assistant City Manager

Attachment: 1. Ordinance

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Attachment 1

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW AMENDING CHAPTER 36, ARTICLE XIV, DIVISION 2 (RESIDENTIAL DEVELOPMENT: BELOW-MARKET-RATE HOUSING

PROGRAM) OF THE MOUNTAIN VIEW CITY CODE TO MODIFY THE BELOW-MARKET-RATE PROGRAM AND ADD SECTION 36.40.32 GOVERNING GRADUATED FEE REDUCTION FOR

SMALL PROJECTS, AND FINDING THAT THESE CODE AMENDMENTS ARE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council hereby makes the findings pursuant to Section 36.52.70 of the Mountain View City Code.
a. The proposed amendment is consistent with the General Plan. The proposed amendments, which will result in the enactment of a more comprehensive Below- Market-Rate Housing Program, are consistent with the General Plan vision of supporting Mountain View’s diversity through innovative housing approaches for lower-income populations.

b. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City . The proposed amendments are not detrimental to the public interest, health, safety, convenience, or welfare of the City because these amendments result in the enactment of a more comprehensive Below -Market-Rate Housing Program to encourage residential developments serving a broad range of diverse households and incomes. c. The proposed amendments are in compliance with the provisions of the California Environmental Quality Act (CEQA) . Pursuant to California Code of Regulations section 15060(c)(2), these code amendments are not subject to the California Environmental Quality Act (“CEQA”) because they will not result in a direct or a reasonably foreseeable indirect physical change in the environment as the proposed amendments do not approve any particular project and do not change land use designations.

SECTION 2. Code Amendments. Chapter 36, Article XIV, Division 2 of the Mountain View City Code is amended to add, delete, or modify its title, sections, subsections, and 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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ARTICLE XIV AFFORDABLE HOUSING PROGRAM
DIVISION 2. RESIDENTIAL DEVELOPMENT: BELOW-MARKET-RATE HOUSING PROGRAM SEC. 36.40.10. General requirements.

The words and terms used in this chapter shall have the meaning indicated as follows, unless the context clearly indicates otherwise:
a. Objective standard. The basic requirement of the BMR program is the provision of BMR units on-site and integrated with market-rate units for both rental and ownership projects. b. Percentage requirement. All residential development as defined in Sec. 36.40.05 are subject to the BMR program and shall provide at least fifteen (15) percent (15%) of the total number of dwelling units as affordable units.

1. Ownership units. All nonexempt ownership residential developments other than rowhouses and townhouses (as defined in Article IV of Chapter 36 of the city code) shall include at least fifteen (15) percent (15%) of the total number of ownership dwelling units within the development as units affordable to Moderate -income households. The affordable ownership units must be provided at a minimum of two (2) income levels, with a resulting income level equal to or less than a weighted average of one hundred (100) percent (100%) of the AMI when considering all of the affordable ownership units cumulatively. Rowhouses and townhouses in residential ownership developments shall be subject to a twenty-five (25) percent (25%) on-site BMR requirement, with fifteen (15) percent (15%) of the units as affordable to an income level equal to or less than at a one hundred (100) percent (100%) AMI weighted average with a range of Low-income household and Moderate-income household units; and a ten (10) percent (10%) on-site BMR requirement of the units at a one hundred thirty -five (135) percent (135%) AMI weighted average with a range of units above one hundred twenty (120) percent (120%) and up to one hundred fifty (150) percent (150%) AMI. The city does not allow BMR ownership units set at an income level lower than eighty (80) percent AMI to count toward a for -sale project's BMR requirements, unless a reserve is established that can be utilized by lower-income owners to fully pay for future expenses related to increases in homeowners association (HOA) fees or other assessments, such that the overall housing cost of homeownership is maintained at an affordable level.

2. Rental units. All rental residential developments shall include at least fifteen (15) percent (15%) of the total number of rental dwelling units within the development as units affordable to Low -income households and Moderate -income households. The affordable rental units must be provided at a minimum of two (2) income levels, with a resulting income level no greater than a weighted average of sixty -five (65) percent (65%) of the AMI when considering all of the BMR rental units cumulatively, except as set forth in this article.
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c. Size of project. The BMR requirement shall apply to all new residential developments and applicable condominium conversions.
d. In-lieu fees for fractions of units. Residential projects with less than seven (7) units shall have the option of paying a fee in lieu of the fractional BMR unit. A residential project with seven (7) units or more may pay an in-lieu fee for fractional units when the BMR obligation results in a fractional BMR unit that is less than 0.5 (i.e., less than half a unit) .; and a A fractional unit equal to 0.5 or greater shall be rounded up and the project must provide one (1) BMR unit on- site to satisfy the fractional obligation. Payment of an in -lieu fee for qualifying fractional units shall be made in full prior to issuance of the project's first building permit, and shall be based on the fee level equivalent to providing the BMR units on- site and as published in the master fee schedule. The Housing Director community development director or designee shall be authorized to adjust the rental and ownership fees annually based on the California Construction Cost Index (CCCI), as recorded by Engineering News Record and reported regularly by the California Department of General Services. Consumer Price Index (CPI), All Urban Consumers, San Francisco-Oakland-San Jose, published by the U.S. Department of Labor, Bureau of Labor Statistics .
e. Concurrent development of BMR on -site units. All BMR on -site units in a residential development and phases of a development shall be constructed concurrently with or prior to the construction of market-rate units.
f. Location and design of BMR on -site units. All BMR units shall be reasonably dispersed throughout the project and consistent with federal and state fair housing laws, have a distribution of units by number of bedrooms proportionate to the market-rate units, and be of comparable size to the market- rate units based on net habitable square footage of the units, except that affordable units for seniors shall comply with applicable requirements for senior housing. For purposes of this subdivision (f), “net habitable square footage” shall mean the floor area enclosed within the walls of structure for sleeping, eating or cooking, and living, including the floor area for bathrooms, toilet compartments, closets, halls, and interior storage areas. Net habitable square footage shall be measured from the outside perimeter of the unit’s walls expressed in square feet and fractions thereof. Garages, exterior storage, common circulation areas shared between more than one unit, patios and other outdoor spaces (whether or not such spaces are enclosed) shall not be part of net habitable square footage. The actual location of a BMR rental unit within a complex shall be permanently assigned to a particular dwelling unit.

The exterior design of the BMR units shall be consistent with the market-rate units in the project and be comparable in terms of interior design, appearance, materials, and quality of finish.

However, the BMR units may differ from market-rate units in the project by using lower-cost alternatives to certain amenities considered to be luxury items. BMR units shall have the same access to project amenities and recreational facilities as market-rate units. 18

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g. Qualifying households. All BMR rental units shall be rented only to qualified Low -income households or Moderate-income households, and all BMR ownership units shall be sold only to qualified Moderate -income households, except households for rowhouses/townhouses shall qualify based on the BMR requirement as referenced in this Sec. 36.40.10. Rents, sales prices, and eligible household sizes of BMR units shall comply with the requirements pursuant to the BMR guidelines.

Preference is given to eligible applicants for a BMR unit if they live or work in the City of Mountain View., unless otherwise prohibited Preference will not be allowed if not permitted by state or federal law or other fair housing restrictions. h. Term. BMR units subject to this division shall be maintained as affordable housing in perpetuity, unless (i) the BMR units are delivered through an alternative means of compliance and are located in a separate building which shall have one hundred percent (100%) affordable housing, and a different period of time is required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, provided that such term shall be no less than fifty five (55) years, or (ii) otherwise provided by state law.
i. Density bonus and replacement units. Compliance with the provisions of this article may be applied towards a request for a density bonus and/or towards any obligation under state law to replace housing units in connection with a project, provided that the affordable units meet the stricter of the BMR program requirements and the density bonus law and/or replacement housing requirements, as applicable.
j. Administrative guidelines. The Housing Director may issue guidelines consistent with the provisions of this Article for the purpose of carrying out and enforcing the provisions of this Article.The city shall adopt, by resolution, BMR administrative guidelines (BMR guidelines) necessary for the implementation of the provisions of this article. k. Administration. The Housing Department or its designee shall administer the BMR program shall be administered by the community development department or its designee who and may issue written procedures to implement the BMR program and guidelines. l. Accessible or Adaptable BMR Units . If a development includes both (i) at least one accessible or adaptable unit, and (ii) at least one BMR unit, then at least fifteen percent (15%) of the BMR units or one BMR unit, whichever is greater, must be accessible or adaptable. If the development’s obligation to provide at least fifteen percent (15%) of the BMR units as accessible or adaptable results in a fractional obligation that is less than 0.5 (i.e., less than half a unit), such fractional obligation shall be rounded down after the first accessible or adaptable BMR unit. An obligation to provide a fractional accessible or adaptable BMR unit equal to 0.5 or greater shall be rounded up and the project must provide one (1) accessible or adaptable BMR unit to satisfy the fractional obligation.

For purposes of this subdivision (l), “accessible” and “adaptable” shall mean standards for 19

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features or fixtures, designs, or other improvements, which are equal to or exceed the minimum requirements of Chapter 11A of the California Building Code or any successor legislation.

SEC. 36.40.15. Determination of rents for BMR rental units.

The monthly rental rate for each BMR unit shall be based on the designated income level for the BMR unit and household size as established by the City of Mountain View BMR program administrative guidelines. The units shall be designated for Low- income households and Moderate-income households, with a cumulative weighted average of no more than sixty-five (65) percent (65%) AMI, and rent shall be based on no more than thirty (30) percent (30%) of the designated income level for the BMR unit qualifying tenant's gross household monthly income , according to the procedures set forth in the BMR program guidelines. The rent range for Low - income households and Moderate -income households may be adjusted annually to reflect adjustments in the gross household income levels for Santa Clara County published periodically by the California Department of Housing and Community Development.

Sec. 36.40.16. Rent Increases for BMR Units.

The following provisions shall apply to rent increases on BMR units. a. The rental rate for an occupied BMR unit shall not be increased more than three percent (3%) within a twelve -month period. This provision shall not prohibit a landlord from increasing the rental rate on a vacant BMR unit more than 3% to align the rental rate with current applicable State Income Limits set by the California Department of Housing and Community Development.
b. The rental rate for an occupied BMR unit shall not be increased more than one time in a twelve-month period.
c. A tenant shall be provided written notice of any increase in the rental rate for their unit no less than thirty (30) days prior to the effective date of the rent increase. The notice shall at a minimum include the new rental rate and the date the new rate will become effective.

Written notice of a rent increase shall be hand-delivered to the tenant or served by U.S. mail in accordance with Section 1013 of the California Code of Civil Procedure. A tenant shall not be liable for any rent increase imposed without notice delivered in accordance with this subsection.
d. A landlord who demands, accepts, receives, or retains any payment of rent in violation of this section shall be liable in a civil action to the tenant from whom those payments are demanded, accepted, received, or retained for all of the following:

1. Injunctive relief.
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2. Damages in the amount of the rent demanded, accepted, received, or retained in violation of this section.

3. In the court's discretion, reasonable attorney's fees and costs.

SEC. 36.40.20. Determination of sale prices for BMR ownership units.

A project's BMR ownership units shall be sold at prices affordable to Moderate -income households with a cumulative weighted average of no more than one hundred (100) percent (100%) AMI, except sales prices for rowhouses/townhouses shall be based on the BMR requirements for such developments as referenced in this Sec. 36.40.20, and ownership sales prices shall be based on the selected income level for each unit and the presumed household size that corresponds with the various unit sizes as set forth in the B MR guidelines. The eligible household income range may be adjusted annually to reflect adjustments in the median household income level for Santa Clara County published periodically by the California Department of Housing and Community Development. The sales price for each BMR unit shall result in a total monthly payment that shall not exceed thirty (30) percent (30%) of the AMI level designated selected household income level for that unit adjusted by unit size and presumed household size, and includes mortgage, taxes, utilities, HOA dues, insurance and private mortgage insurance.

For units sold at or less than eighty (80) percent AMI, the developer shall set aside a reserve and describe the reserve in the CC&Rs to cover future special assessments and increases in HOA dues for those households, and the total housing cost shall not exceed thirty (30) percent of the household's selected income level for the unit over the life of the mortgage. The community development director or designee may establish standards for calculating the amount of the reserve.

SEC. 36.40.25. Resale controls on ownership units.

All BMR units shall be subject to deed restrictions, covenants, resale restrictions, and other applicable conditions and documentation to ensure compliance with the BMR program, and which includes an option that entitles the city or its designee the first right to purchase a BMR ownership unit at the lower of the following purchase prices:
a. Market value;
b. The purchase price paid by the seller, plus one -third of the increase (during the period of seller's ownership) in a CPI, All Urban Consumers, San Francisco-Oakland-San Jose, published by the U.S. Department of Labor, Bureau of Labor Statistics; or c. An amount equal to the price affordable to household earning the income level specific to 21

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the BMR unit.

An exception to the city -imposed restriction that the BMR unit be sold to a city -approved BMR household may be granted if:

1. The applicant demonstrates the inability to obtain a qualified buyer within a one hundred eighty (180) day period; and

2. The city decides not to exercise its option to purchase the BMR unit. The seller will be entitled to the lowest purchase price listed above. The balance of the proceeds shall be paid to the City of Mountain View to be deposited in the city's housing fund. The deed restrictions shall prohibit sales or transfers of the property except with the written consent of the city and at a price listed above.

Owners of BMR ownership units shall provide the city/designee a notification of intent to sell prior to listing the unit. If an owner intends to refinance, change title, or transfer ownership of the BMR ownership unit, the owner shall notify and receive approval from the city/designee prior to initiating a refinance, title change, or transfer of ownership. The city is entitled to pursue all available remedies against an owner if an owner fails to notify and receive approval from the city/designee, including the city's exercise of its option to purchase the BMR ownership unit or a city action to foreclose on the BMR ownership unit under the city's deed of trust.

The BMR ownership deed restrictions and conditions shall contain such other provisions as are considered necessary by the city to implement the BMR program and the city may require that additional notices or other document(s) be recorded. A reference to the deed restrictions and conditions shall be included in all deeds or conveyances of BMR units.

SEC 36.40.30. Alternative Compliance Measuresmitigations.

The basic objective standard of the program is the creation of residential developments with affordable housing units integrated on-site with market-rate residential unitsdevelopments. As an alternative to building the affordable housing units on -site, developers of market -rate residential projects, regardless of whether such projects provide rental units or ownership units, may submit a request to meet their BMR program obligations through other means, such as the dedication of land, off-site development of BMR units and/or the acquisition and preservation of existing housing units to be converted into deed- restricted BMR units the provision of other resources, payment of an in-lieu fee, or other alternatives.

The applicant has the burden of demonstrating that the request for an alternative mitigation compliance measure meets the findings criteria set forth below. The alternative compliance measure shall be approved if each of the criteria herein are satisfied. requirements; however, meeting the findings requirements does not constitute automatic approval of the alternative mitigation request. Such requests may only be granted by the city council, if the city council determines that such alternative will further affordable housing opportunities in the city to a 22

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greater extent than providing units on- site based on the standards in the administrative guidelines and/or other procedures promulgated and that the alternative mitigation is preferred to the on-site requirement.
a. General Requirements.

1. Compliance Plan . A request for alternative compliance measure must include a BMR Compliance Plan (“Compliance Plan”). The Compliance Plan shall include: (i) a description of the proposed alternative means of compliance, with details including but not limited to the number, size, density, and affordability of BMR Units, as applicable; (ii) pro forma financial statements; (iii) a financing plan; (iv) a feasibility analysis that demonstrates the applicant will successfully deliver the proposed BMR alternative, including through financial contributions as applicable; (v) an equivalency analysis that demonstrates that the value of the proposed alternative is no less than the value of providing on-site BMR units; (vi) supporting documentation as required by the BMR guidelines . Additionally, if the proposed alternative involves partnering with another entity, the Compliance Plan shall include information that demonstrates the partnering entity meets the partner requirements listed in Table 36.40.30-2 or Table 36.40.30-3, as applicable. A Compliance Plan with the information required herein shall be submitted in order for informal planning review to be deemed complete.

2. Findings. A request for alternative compliance may only be granted if the Housing Director makes each of the following findings:

(a) Equivalency. The value of the proposed alternative compliance measure is no less than the cost of providing BMR units on- site, based on the fee level equivalent to providing the BMR units on-site and as published in the master fee schedule. (b) Financing of the Alternative Compliance Measure. The applicant has demonstrated that it will successfully deliver the proposed alternative compliance measure.

Applicant’s contribution towards financing the proposed alternative shall include, as applicable, the full value of the land in perpetuity, as well as additional funding or other resources as needed. If the proposed alternative involves a partnership with another entity, the applicant has demonstrated that (i) the partnering entity will not be required to provide any monetary compensation to the applicant; (ii) the partnering entity will only be required to fund costs directly related to providing the BMR units and a proportional share of infrastructure serving the BMR units; and (iii) it has not shifted any of its own financial responsibility or development costs related solely to the market -rate units onto the partnering entity. The City may, at the applicant’s expense, retain a consultant to review the reasonableness of the Compliance Plan’s feasibility analysis.
b. Land Dedication. In addition to the General Requirements in Section 36.40.30(a), a request for alternative compliance in the form of a land dedication to the City shall not be approved unless all the following requirements specified in Table 36.40.30-1 are met:
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Table 36.40.30-1: Criteria for Land Dedication Proposals

Standard Requirement
Parcel Size and Capacity The site being dedicated must be a minimum parcel size of 0.75 acres, and be of a suitable size to accommodate the number and distribution of BMR units that would have been required for the site with market-rate units.

Location At least one of the following must be true for the site being dedicated:
• Site is identified as a Housing Element Opportunity Site. • Site is within 0.5 mile of the underlying project.
• Site is located south of El Camino Real.
• Site is included in the El Camino Precise Plan.
• Site is located in an area designated by the California Department of Housing and Community Development as a
“Highest Resource Area.”
Environmental
Conditions
Applicant must submit environmental conditions reports, including but not limited to Phase I and Phase II environmental site assessments as applicable, and must complete any necessary remediation to make the site suitable for residential development prior to conveyance of the land.

Special Conditions Applicant shall submit a feasibility analysis with their Compliance Plan that includes a City-led appraisal of the land to be dedicated.

Site Infrastructure Applicant shall provide or fund all infrastructure necessary to serve the site—including utilities, streets, sidewalks, and lighting up to the border of the dedicated parcel—and be consistent with any applicable Precise Plan standards.

Cost Recovery Applicant shall pay a fee as set forth in the City’s master fee schedule based on the City’s costs for construction of BMR units on the dedicated site as would have been required for the site with market-rate units.

Timing of Land
Dedication
Dedicated site and any required financial contribution, if applicable, must be transferred to the City prior to the issuance of the first building permit for the underlying project.

c. Off-site Development. In addition to the General Requirements in Section 36.40.30(a), a request for alternative compliance in the form of off -site development of BMR units shall not be approved unless all the following requirements specified in Table 36.40.30-2 are met:

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Table 36.40.30-2: Criteria for Off-Site Development Proposals

Standard Requirement
Location At least one of the following must be true for the site of the off-site BMR units:
• Site is identified as a Housing Element Opportunity Site. • Site is adjacent to underlying project (same or separate parcel are both permissible).
• Site is within 0.5 mile of the underlying project.
• Site is located south of El Camino Real.
• Site is included in the El Camino Precise Plan.
• Site is located in an area designated by the California Department of Housing and Community Development
as a “Highest Resource Area.”
Access to Amenities If any portion of any of the off-site BMR units is located within 750 feet of the underlying project parcel boundary, residents of all off-site BMR units must be granted access to shared amenities located on the underlying project parcel.

Unit Requirements The off-site BMR units shall meet the same requirements for percentage requirement, design of BMR units,
qualifying households, term, and accessible or adaptable units as described in Section 36.40.10.

The off-site BMR units shall have proportionally the same mix of bedroom counts (studios, one bedroom units, two
bedroom units, etc.) as the market-rate units, except the BMR units shall be permitted to include more bedrooms
than the market-rate units.

Special Conditions Applicant shall submit a financing plan that confirms no financial contributions will be required from the City.

Off-Site Partner If the applicant opts to partner with another entity, the Compliance Plan must include:
• The applicant’s financial contributions.
• The terms offered to the partner.
• The process for partner selection.
• The structure of the agreement that forms the
relationship between applicant and the partnering
entity.
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City Oversight of
Partnership
If applicant elects to select a partner through a Request for Proposals (RFP) process, the RFP shall comply with Section

36.40.30(a)(2)(b) and the City may review the RFP to ensure such compliance.

Partner requirements If the applicant elects to partner with an entity to undertake the off-site development, that partner shall meet all of the following requirements:
• The partner shall have verifiable experience
developing at least three affordable housing
projects within the last ten years that are similar in
size, scale, tenure, type, target population, and
overall physical and financial complexity to the
proposed project.
• In the past 10 years, the partner shall not have been subject to any adverse judgment or enforcement action
by a public entity in connection with development
activities, housing or public contracting.
• The partner must not have filed for bankruptcy within the past 10 years.
• In the past 10 years, that partner must not have been involuntarily removed from an ownership or controlling
interest in any publicly-funded development project.
• In the past 10 years, the partner shall not have been debarred or considered for debarment, suspended,
declared ineligible, or excluded by any local, state or federal department or agency from participation in
government funded programs or contracts.

Timing The off-site BMR units shall be constructed and receive the Certificate of Occupancy for all units no later than issuance of the first Certificate of Occupancy for any use in the underlying project, unless an alternative timeframe is
approved by the final decision-making body to ensure that the BMR units are constructed prior to the final Certificate of Occupancy for the market-rate units.

If the applicant fails to obtain a Certificate of Occupancy for the off-site BMR units by the deadline herein, the
underlying project shall be required to comply with the general requirements in Section 36.40.10.

d. Acquisition and Preservation of Existing Housing Units . In addition to the General Requirements in Section 36.40.30(a), a request for alternative compliance in the form of 26

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acquisition and preservation of existing housing units to be converted into deed -restricted BMR units shall not be approved unless all of the following requirements specified in Table

36.40.30-3 are met:

Table 36.40.30-3: Criteria for Acquisition/Preservation Proposals

Standard Requirement
Eligibility The units to be acquired must be existing residential units located on a different site than the underlying project and not be subject to any existing restrictions requiring
affordability to moderate- or low-income households.

The acquired units shall be converted into deed-restricted rental or ownership BMR units with the tenure type
consistent with the underlying market-rate project.

Location At least one of the following must be true for the units to be acquired:
• The units are subject to Article XVII of the Mountain View Charter (Community Stabilization and Fair Rent
Act).
• Site is identified as a Housing Element Opportunity Site • The units are within 0.5 mile of the underlying project. • The units are located south of El Camino Real.
• The units are located on a site that is included in the El Camino Precise Plan.
• The units are located in an area designated by the
California Department of Housing and Community
Development as a “Highest Resource Area.”
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Rehabilitation and
Physical Needs
Assessment and
Standards
The Compliance Plan must identify:
• Building and unit-level physical needs assessments of existing conditions.
• Required rehabilitation, repairs, or replacements,
including accessibility requirements, based on
applicable State and local requirements.
• Improvements that make the acquired units
comparable in terms of interior design, appearance,
materials, and quality of finish as the market-rate units. • Estimated rehabilitation costs.

Soft-story buildings must be retrofitted for current seismic compliance according to state and local requirements, as applicable, based on the physical needs assessment.

Affordability For units to be converted into ownership BMR units, the affordability requirements shall be the same as the
affordability requirements described for ownership units in Section 36.40.10(b)(1).

For units to be converted into rental BMR units, the
affordability requirements shall be the same as the
affordability requirements described for rental units in Section 36.40.10(b)(2).

Unit Count/
Bedrooms
Acquired units must meet or exceed the bedroom count of on-site BMR units that would have otherwise been
provided. Studios count as 0.5 bedrooms.

The total number of acquired units cannot exceed 1.5 times the number of BMR units that would have been required
on-site.

Special Conditions Applicant shall submit a financing plan that confirms no financial contributions will be required from the City.

Off-Site Partner If the applicant opts to partner with another entity, the Compliance Plan must include:
• The applicant’s financial contributions.
• The terms offered to the partner.
• The process for partner selection.
• The structure of the agreement that forms the
• relationship between applicant and the partnering
entity.
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City Oversight of
Partnership
If applicant elects to select a partner through a Request for Proposals (RFP) process, the RFP shall comply with Section

36.40.30(a)(2)(b) and the City may review the RFP to ensure such compliance.

Partner requirements If the applicant elects to partner with an entity to undertake the acquisition and preservation of existing housing units, that partner shall meet all of the following requirements:
• The partner shall have verifiable experience
developing at least three affordable housing
projects within the last ten years that are similar in
size, scale, tenure, type, target population, and
overall physical and financial complexity to the
proposed project.
• In the past 10 years, the partner shall not have been subject to any adverse judgment or enforcement action
by a public entity in connection with development
activities, housing or public contracting.
• The partner must not have filed for bankruptcy within the past 10 years.
• In the past 10 years, that partner must not have been involuntarily removed from an ownership or controlling
interest in any publicly-funded development project.
• In the past 10 years, the partner shall not have been debarred or considered for debarment, suspended,
declared ineligible, or excluded by any local, state or federal department or agency from participation in
government funded programs or contracts.

Relocation Assistance Applicants must provide relocation assistance and first right of return to any existing occupant of the units proposed for rehabilitation, as consistent with the City’s Tenant
Relocation Assistance Ordinance (TRAO).

Timing The units shall be acquired, all necessary rehabilitation work shall be completed, and all acquired and rehabilitated units shall receive a Certificate of Occupancy no later than the issuance of the first Certificate of Occupancy for the market-rate units, unless an alternative timeframe is
approved by the final decision-making body to ensure that the units are acquired and preserved as BMR units prior to the final Certificate of Occupancy for the market-rate units. 29

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If the applicant fails to obtain a Certificate of Occupancy for the acquired and preserved BMR units by the deadline
herein, the underlying project shall be required to comply with the general requirements in Section 36.40.10.

SEC. 36.40.32. Graduated Fee Reduction for Small Projects.

A fee reduction shall be available to projects that: (i) construct between one and six units, and (ii) develop at the maximum permissible residential base density permitted on the project site. The graduated fee reduction schedule shall be provided in the administrative guidelines issued by the Housing Director under Section 36.40.10(j).

The fee reduction shall depend on the maximum permissible residential base density permitted on the project site.

SEC. 36.40.35. BMR household eligibility requirements.

a. The city or its designee shall select potential occupants of BMR units from a list of those persons qualified on the basis of household income, relationship between household size and the size of available units, and further criteria and procedures to be e stablished by the city in the BMR guidelines.
b. Each purchaser of a BMR unit shall certify, prior to close of escrow, in a form acceptable to the city or its designee, that said unit is being purchased and shall be maintained as the purchaser's primary place of residence.
c. The household income of each renter of a BMR unit shall be verified annually by the city or its designee to confirm the household's continued income eligibility for the unit as set forth in the BMR guidelines and other procedures that the city may promulgate.

SEC. 36.40.40. BMR housing fund.

A housing fund is hereby established for the deposit of all in -lieu fees and other penalties and payments made to the city under the BMR program. The purpose of the fund is to assist in providing housing that is affordable to very low -, low- and moderate-income households and cover administrative costs of the BMR program. The city has sole discretion in determining the income levels(s) that shall be funded with the housing fund, and the housing fund shall not be used to fund units in the above moderate-income category.

SEC. 36.40.45. Compliance.
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Any individual or household that rents, purchases, or sells a BMR unit in violation of the BMR program requirements or the intent of the BMR program shall be subject to penalties, and shall be required to forfeit all monetary amounts so obtained in excess of the permitted resale price or rental rates. Such amount shall be deposited in the city's BMR housing fund. If the city/designee undertakes any enforcement action to obtain compliance with the requirements of the BMR program, the city/designee shall be e ntitled to recover its attorney's fees and staff costs for such enforcement effort.

SEC. 36.40.50. Exemptions and appeals.
a. Exemptions—Historic resources. Exemptions from, or credit toward, BMR requirements may be granted for certain historic resources pursuant to this section. b. Exemptions—Precise plans. Exemptions from BMR requirements may be granted in precise plans where the precise plan expressly provides different BMR requirements or exceptions from specific requirements of this Article XIV, Division 2, including the BMR Administrative Gguidelines. c. Appeals of determinations based on the administrative requirements of the BMR program as established in the BMR guidelines must be in the form of a written request by the appellant and be addressed to the Housing Director community development director . The Housing Directorcommunity development director or designee shall make the ruling, and all rulings shall be final. The city may establish cost recovery fees for appeals.

SEC. 36.40.55. Grandfather provision.

The provisions of the BMR program shall become effective on August 24, 2019 and apply to all residential developments, except the following residential developments:
a. Non-gatekeeper projects with formal applications submitted by June 30, 2019 and the submittal of all additional information (if any) by August 24, 2019 as requested in the city's thirty (30) day letter responding to the applicant's formal application submittal. b. "Gatekeeper" developments deemed ready by the city, by December 20, 2019, for a public hearing for consideration of project approval and processed in accordance with City Code Secs. 36.50.90, 36.52.20, and 36.52.55.

SECTION 4. 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 5. Publication. Pursuant to Mountain View City Charter Section 522, at least two (2) days prior to final adoption of this ordinance, the City Clerk shall post the ordinance in three (3) prominent places in the City and publish in the City’s official newspaper notice setting forth 31

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the title of the ordinance, the date of its introduction, and a list of the places where copies of the ordinance are posted.

SECTION 6. Effective Date. Pursuant to Mountain View City Charter Section 519, this ordinance shall become effective thirty (30) days after the date of its adoption.

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32 City of Mountain View
Legislation Text

CITY HALL
500 CASTRO STREET
File #: 205996, Version: 1
City Code Amendments to Allow Streamlined Administrative Approval for Housing Development Projects Utilizing Assembly Bill 130 and Other Minor Updates (Second Reading)

June 9, 2026
CATEGORY:

Consent
DEPT.:

Community Development

TITLE: City Code Amendments to Allow
Streamlined Administrative Approval for
Housing Development Projects Utilizing
Assembly Bill 130 and Other Minor
Updates (Second Reading)

RECOMMENDATION

2. Adopt 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 C onsistency 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, to be read in title only, further reading waived (Attachment 2 to the Council report). (First reading: 7-0)

SUMMARY

On May 26, 2026, the City Council introduced ordinances amending Chapter 36 (Zoning), Chapter 28 (Subdivisions ), and Chapter 41 ( Park land dedication or fees in lieu thereof) 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 achieve greater consistency with state laws, 34 City Code Amendments to Allow Streamlined Administrative Approval for Housing Development Projects Utilizing Assembly Bill 130 and Other Minor Updates (Second Reading)
June 9, 2026

Page 2 of 3 ends

for internal consistency within the City Code, and to align the City Code with c urrent permitting procedures and practices (see Attachment 3 – Council Report dated May 26, 2026).

The City Council unanimously approved the introduction of the ordinances by a 7-0 vote. This is the second reading of the ordinances. If approved, the ordinances will become effective 30 days thereafter on July 9, 2026.

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 the City Clerk’s Office staff time related to agenda publication, would be eliminated. In addition, m ore 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

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

35 City Code Amendments to Allow Streamlined Administrative Approval for Housing Development Projects Utilizing Assembly Bill 130 and Other Minor Updates (Second Reading)
June 9, 2026

Page 3 of 3 ends

PUBLIC NOTICING

Agenda posting. The ordinance was published at least two days prior to adoption in accordance with City Charter Section 522.

Prepared by:

Diana Pancholi
Principal Planner

Eric Anderson
Planning Manager
Approved by:

Christian Murdock
Community Development Director

Audrey D. Seymour
Assistant City Manager

Attachments: 1. Ordinance Amending Chapter 36 (Zoning)

2. Ordinance Amending Chapter 28 and Chapter 41

3. Council Report dated May 26, 2026

36 Attachment 1
-1-
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

37 -2-
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 38 -3-
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:

Permitted subject to compliance with all applicable provisions of this Chapter, including development review where required and parking requirements, and subject to 39 -4-
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).

Allowed subject to approval of a temporary use permit (“TUP”) (Sec. 36.46).

Allowed subject to approval of a planned unit development permit ( “PUD”) (Sec. 36.46.70).

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
40 -5-

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
41 -6-

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 42
-7-

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
43 -8-

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.

44 -9-
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
45 -10-

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
46 -11-

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
47 -12-

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
48 -13-

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;
49 -14-

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
50 -15-
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, 54 -19-
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 55 -20-
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.

60 -25-
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 61 -26-
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 62 -27-
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);

63 -28-

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, 64 -29-
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

65 -30-
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.
66 -31-

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 67 -32-
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) 68 -33-
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 70 -35-
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. 71 -36-

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.

– – – – – – – – – – –

CDD/DP-04-15-26o

72 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, 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 77 -6-
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 78 -7-
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. 81 -10-

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. 82 -11-
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.

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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 89 -18-
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 90 -19-
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 94 -23-
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 95 -24-
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. 97 -26-

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 99 -28-
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 100
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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.

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.

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.

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 105
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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. 108
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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 111
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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.

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CDD/DP-05-26-26o

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City of Mountain View
Legislation Text

CITY HALL
500 CASTRO STREET
File #: 206206, Version: 1
AB 481 Military Equipment Annual Report and Policy Adoption (Second Reading) Adopt an Ordinance of the City of Mountain View Renewing Approval of Mountain View Police Department Military Equipment Use Policy, Adopting Updated Military Equipment Use Policy and Finding That This Action is Not Subject to the California Environmental Quality Act, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading 7-0) City of Mountain View Printed on 6/4/2026Page 1 of 1
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RECOMMENDATION

Adopt an Ordinance of the City of Mountain View Renewing Approval of Mountain View Police Department Military Equipment Use Policy, Adopting Updated Military Equipment Use Policy, and Finding That This Action is Not Subject to the California Environmental Quality Act, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading: 7-0)

SUMMARY

On May 26, 2026, the City Council introduced an ordinance to renew the authorization of the Mountain View Police Department (“MVPD”) Policy 709: Military Equipment (“Policy”), and update the Policy to include the current list of military equipment in MVPD’ s inventory and identify military equipment MVPD proposes to add to its inventory in Fiscal Year 2026 -27, in accordance with the requirements of AB 481. The City Council voted 7-0 to approve the ordinance at first reading.

This item is the second reading and final adoption of the ordinance.

FISCAL IMPACT
The MVPD anticipates purchasing ammunition, less -lethal projectiles, explosive breaching equipment, noise flash diversionary devices, and chemical munitions at the estimated total cost of $12,000 to replace those anticipated to be used or to expire in the next fiscal year. The funding source for these items is the General Operating Fund.

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

DATE: June 9, 2026
CATEGORY: Consent
DEPT.: Police Department
TITLE: AB 481 Military Equipment Annual
Report and Policy Adoption
(Second Reading)

114
AB 481 Military Equipment Annual Report and Policy Adoption (Second Reading) June 9, 2026

Page 2 of 2 ends

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
PUBLIC NOTICING—Agenda posting. This ordinance was published at least two days prior to adoption in accordance with City Charter Section 522.

Prepared by:

David Wilgus
Senior Assistant City Attorney

Michael Canfield
Police Chief
Approved by:

Audrey D. Ramberg
Assistant City Manager

Attachment: 1. Ordinance and Exhibit A (MVPD Policy 709: Military Equipment) 115
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Policy
709
Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2026/05/19, All Rights Reserved.

Published with permission by Mountain View Police
Department
Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment.(Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Mountain View Police
Department
Military Equipment - 2
709.2 POLICY
It is the policy of the Mountain View Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Police Chief should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Mountain View Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Police Chief and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department.

See attachment: 2025_AB481policyatt_publishedFINAL (002).pdf 709.5 APPROVAL
The Police Chief or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Police Chief or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The 120
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Mountain View PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/05/19, All Rights Reserved.

Published with permission by Mountain View Police
Department
Military Equipment - 3
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction shall comply with their respective military equipment policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Police Chief or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Police Chief or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of the military equipment.
121
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Mountain View PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/05/19, All Rights Reserved.

Published with permission by Mountain View Police
Department
Military Equipment - 4
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: (650) 903-6728
(c) Via mail sent to:

Mountain View Police Department
Attn: Professional Standards Unit
1000 Villa St
Mountain View, CA 94041
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Mountain View PD Policy Manual
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Attachments
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Mountain View PD Policy Manual

709.4 MILITARY EQUIPMENT INVENTORY- 2025
Attachment
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Categories of Military Equipment (Government Code § 7070(c)) *Categories in bold contain items in MVPD’s inventory in 2025 * Categories in bold italics are planned for purchase in 2026

1) Unmanned, remotely piloted, powered aerial or ground vehicles. 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. 3) High-mobility multi-purpose wheeled vehicles (HMMWV, commonly referred to as Humvees), two- and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.*
4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 6) Weaponized aircraft, vessels, or vehicles of any kind. 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items that are designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. 8) Firearms of .50 caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision.
9) Ammunition of .50 caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subdivision.
10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency.
11) Any firearm or firearm accessory that is designed to launch explosive projectiles. 12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14) The following projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. 15) Any other equipment as determined by a governing body or a State agency to require additional oversight.

* The Armored Rescue Vehicle meets the technical criteria for both categories 2 and 3, as it is armored to protect occupants from firearms, meets the gross vehicle weight requirement, has wheels like a standard Ford F550 truck and can fit an attachment for breaching apparatus.

Military Equipment Inventory
Category 1: Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles

Purchase Cost: The initial cost of equipment, licensing, software, training: approximately $14,861.31 Quantity: 2
Acquired: 2020
Lifespan: Approximately 5 years
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by FLIR and optical zoom lenses.

Equipment Name: Mavic 2 Enterprise Dual with Forward Looking Infrared (FLIR) (Unmanned Aerial System) (UAS)
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Manufacturer Product Description:

DJI Mavic 2 Enterprise Dual with FLIR UAS System is a business-level, foldable, portable, long- range flying camera and accessory system that adapts well to uses by first responders and businesses that routinely inspect hard-to-reach assets. The four motors system allows the craft to fly for up to 31 minutes on a single battery. The craft has a top speed of 44 MPH, making it ideal for tracking operations or fights over large areas. This is not a military-grad e item and weighs less than two pounds.

Purpose/Authorized Uses: UAS/Drones may be used to enhance th e MVPD’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue (e.g., missing person); critical incidents (e.g., barricaded, hostage, and active shooter); bomb investigation; traffic accident reconstruction; crime scene reconstruction; and “hot pursuits” of suspects.

The system allows officers to safely respond to incidents and view potentially dangerous situations in a safe manner. In addition, the UAS Systems can be used to assist other City departments with tasks such as fire suppression efforts and City Building roof inspections. Additional requirements are listed in the Unmanned Aerial System Operations Policy 613.

Fiscal Impact: Ongoing costs associated with UAS operation is estimated to be approximately $3,000 per year for software licenses, maintenance and replacement parts.

Future Purchases: MVPD continues to research and evaluate emerging UAS technologies. MVPD will also research potential funding streams for the possible procurement of updated platforms.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. In addition, City Council Policy K-23, Use of Unmanned Aircraft Systems, regulates the use of drones by City staff.

Training Required: Prior to piloting any UAS/Drone staff members must obtain basic operator training.

Purchase Cost: The initial cost of equipment, licensing, software, and training was approximately $33,986.81.

Quantity: 2
Acquired: 2023
Lifespan: Approximately 5 years
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by FLIR and optical zoom lenses.

Manufacturer Product Description:

DJI Matrice 30T Drone with Thermal Camera UAS System is a business-level, foldable, portable, long-range flying camera and accessory system that adapts well to uses by first responders and businesses that routinely inspect hard-to-reach assets. The four-motor system allows the craft to fly for up to 45 minutes on a single battery. The craft has a top speed of 33.5 MPH, making it ideal for tracking operations or fights over large areas. This is not a military-grade item and weighs 2.028 pounds.

Equipment Name: DJI Matrice 30T Drone with Thermal Camera 128
Purpose/Authorized Uses: UAS/Drones may be used to enhance th e MVPD’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include, but are not limited to: search and rescue (e.g., missing person); critical incidents (e.g., barricaded, hostage, and active shooter); bomb investigation; traffic accident reconstruction; crime scene reconstruction; and “hot pursuits” of suspects. These UAS also support the Public Works Department by documenting work at City Hall. Drones enhance officer safety by enabling remote observation of potentially dangerous situations and are versatile in applications including crime scene documentation, suspect searches, missing persons searches, inter-agency assistance, to tasks like aerial surveillance for firefighting support, building inspections, and general photography.

Fiscal Impact: Ongoing costs associated with UAS operation is estimated to be approximately $15,000 per year. Some minor maintenance of the systems is performed by in-house staff at no additional cost.

Training Required: Prior to piloting any UAS/Drone staff members must obtain basic operator training.

Purchase Cost: The initial cost of equipment, licensing, software, and training was approximately $13,693.80.

Manufacturer Product Description:

The Loki MK2 is fully purpose-built for close-quarter, under-roof, tactical scouting operations. Operating in congested and dark environments, its purpose is to place a microphone and camera practically anywhere to collect critical life-saving intelligence of immediate threats ahead of a team. It enables reliable and rapid situational awareness for precise decision-making while maximizing the team’s safety. The four-motor system allows the craft to fly for up to 15 minutes on a single battery. The craft has a top speed of 22.37 MPH, making it ideal for rapid deployments in close quarter, under roof, or tactical intelligence gathering operations. This is not a military-grade item and weighs less than one pound (without battery).

Purpose/Authorized Uses: This drone's primary use is for suspect searches within buildings. UAS/Drones may be used to enhance the MVPD’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include, but are not limited to: search and rescue (e.g., missing person); critical incidents (e.g., barricaded, hostage, and active shooter); bomb investigation; traffic accident reconstruction; crime scene reconstruction; and “hot pursuits” of suspects.

They enhance officer safety by enabling remote observation of potentially dangerous situations and are versatile in applications, including crime scene documentation, suspect searches, missing persons searches, inter-agency assistance, aerial surveillance for firefighting support, building inspections, and Equipment Name: Loki MK2 EU Drones
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general photography.

Fiscal Impact: Ongoing costs associated with UAS operation is estimated to be approximately $5,000 per year. Some minor maintenance of the systems is performed by in-house staff at no additional cost.

Training Required: Prior to piloting any UAS/Drone staff members must obtain basic operator training.

Purchase Cost: The initial cost of equipment, licensing, software, and training was approximately $6,157.00.

Quantity :1
Acquired: 2023
Lifespan: Approximately 5 years
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by FLIR and optical zoom lenses.

Manufacturer Product Description:

The Mavic 3 Enterprise Series redefines industry standards for small commercial drones. With a mechanical shutter, a 56x zoom camera, and an RTK module for centimeter level precision, the Mavic 3T brings mapping and mission efficiency to new heights. The thermal vision is used for search and rescue, inspections and night operations.

Purpose/Authorized Uses: The primary use of this drove is for suspect searches within buildings.

UAS/Drones may be used to enhance the MVPD’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue (e.g., missing person); critical incidents (e.g., barricaded, hostage, and active shooter); bomb investigation; traffic accident reconstruction; crime scene reconstruction; and “hot pursuits” of suspects.

They enhance officer safety by enabling remote observation of potentially dangerous situations and are versatile in applications including crime scene documentation, suspect searches, missing persons searches, inter-agency assistance, assistance with aerial surveillance for firefighting support , building inspections, and general photography.

Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting Equipment Name: DJI Mavic 3T Wide/zoom/thermal camera UAS 130
images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. In addition, City Council Policy K-23, Use of Unmanned Aircraft Systems, regulates the use of drones by City staff. Additional requirements are listed in the Unmanned Aerial System Operations Policy 613.

Training Required: Prior to piloting any UAS/Drone staff members must obtain basic operator training.

Cost: $12,389.21
Quantity: 1
Acquired: 2011
Lifespan: 10 to 15 years
Equipment Capabilities: This equipment is a battery-powered, remote-operated device equipped with two cameras and two-way radio capabilities.

Manufacturer Product Description:

The AVATAR enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, without the need to expose themselves to danger. The AVATAR Robots are regarded by tactical teams as a standard operational tool, like a firearm, vehicle, or piece of body armor.

Purpose/Authorized Uses: This equipment is for use during high-risk incidents to gain visual/audio information from a safe distance. Use is limited to members of the Department SWAT Team. Incidents that may qualify for its use include but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are any other people inside who need assistance.

The two-way speakers can be used to communicate with anyone inside a location. This makes the situation safer for the subject, community and officers and officers.

Fiscal Impact: No known annual maintenance cost.

Legal/Procedural Rules Governing Use: Any use of the robot is established by the Incident Commander. All other applicable MVPD policies remain in effect, including MVPD Policy 321, Search and Seizure.

Training Required: Prior to operating the robot, an operator must complete in-house operator training.

Category 3: High-mobility multi-purpose wheeled vehicles (HMMWV), commonly referred to as “Humvees,” two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

Approximate: Cost: $382,200
Manufacturer: Terradyne
Quantity: 1 (Estimated arrival in May 2026)
Lifespan: TBD
Equipment Capabilities: The Terradyne MPV is an armored vehicle built upon a Ford-F550 chassis with a custom body designed to protect occupants from all standard handguns and rifle fire. The MPV possesses high ground clearance, off-road capability, and 4-wheel drive capability, with the potential to reach highway speeds. It can accommodate up to 10 officers in full tactical gear and up to 20 civilians needing rescue or rapid evacuation.

Equipment Name: Robotex Avatar Robot
Equipment Name: Armored Rescue Vehicle (ARV)
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Purpose/Authorized Uses: An Armored Rescue Vehicle (ARV) would provide ballistic (“bullet-proof”) safety and shelter during critical incidents, large events, high-risk search warrant service, and with people who may be armed or pose a significant danger to our officers or community. An ARV also provides safety and shelter to ensure a safe de-escalation environment for our Crisis Negotiation Team (CNT) for successful outcomes.

Fiscal Impact: City Fleet Staff currently maintains two Fire Department Ford F-550s, and estimate the cost to maintain the Terradyne (built on a Ford F-550 chassis) at $200-$1000 per year depending on the service needed.

Legal/Procedural Rules Governing Use: If the purchase of the ARV is authorized, MVPD will craft a department policy directing the use of the ARV, informed by feedback on this Military Equipment report, community and stakeholder feedback and industry leader organizations such as the California Association of Hostage Negotiators and the California Association of Tactical Officers.

Category 5: Command and Control Vehicles that are either built or ŵŽĚŝĮĞĚ to facilitate the operational control and direction of public safety units

Cost: $536,000
Quantity: 1
Acquired: 2016
Lifespan: Approximately 12 years
Equipment Capabilities: MVPD’s Mobile Command Vehicle is similar to a large recreational vehicle, which is set up with multiple desk and meeting areas. It can be driven to most locations within the City of Mountain View and used as a command post to help organize and manage emergency situations.

Manufacturer Product Description: Freightliner MT55, 26,000 lbs. GVWR with air-ride suspension. Features include:
x Custom-fabricated bench seating;
x LDV Intel-I-Touch™ power and data electronics system to control strategic onboard systems; x 65” interactive display and multiple LED TVs and monitors throughout; x Weatherproof exterior access door to view LCD monitor; x Digital HDTV antenna, audio video switching system;
x Mast and camera system; and
x Radio, CAT6 computer network cable, cellular modem.

Purpose/Authorized Uses: Mobile command vehicles support the management of incidents and planned events by providing interior and/or exterior workspaces and command and control capabilities to the Incident Commander on-scene or at remote locations.

Fiscal Impacts: The initial cost of the vehicle and equipment was approximately $536,000 in 2016.

Maintenance of the systems is performed by the City’s Fleet Service. Annual costs are estimated to be $10,000. The maintenance cost in 2024 was $582.

Legal/Procedural Rules Governing Use: Use of the Mobile Command Vehicle is governed by local and State laws. Mobile Command Vehicle use is consistent with rules for a Class C driver’s license in the State of California.

Training Required: Two hours of training involving learning how to drive and deploy the vehicle.

Purchase Cost: $229,884
Quantity: 1
Equipment Name: SWAT Truck/ Freightliner Walk-In-Van
Equipment Name: MVPD Mobile Command Vehicle
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Acquired: 2015
Lifespan: Approximately 15 years
Equipment Capabilities: MVPD’s SWAT Vehicle is similar to a large vehicle/van and is set up to transport personnel, equipment and contains storage for weapons. It can be driven to most locations within the City of Mountain View and used as a command post to help organize and manage emergency situations.

Manufacturer Product Description: 2016 Freightliner MT55 forward control chassis, 26,000 lbs. GVWR with rear spring suspension and hydraulic brakes. Features include:
x DOT Triangle reflector kit with three (3) triangles
x Stainless Steel wheel liners with braided stainless steel valve stem extenders. x Load space area 83” high x 93” wide x 20‘ long all aluminum step van body. x Driver sedan door with slider window, door skin chemically bonded to door frame structure. x Tinted safety plate glass windshield with driver and passenger sun visors. x Heavy duty fluted aluminum grab handle with rubber inserts and chrome plated stanchions installed at exterior entry door location.
x Dry erase writing surface on overhead cabinet door.
x Weapons cabinet with storage for 12 M4, 8 Remington and 2 FN 303 launcher rifles. Dividers for 3 rifles cases.

Purpose/Authorized Uses: The SWAT vehicles support the management of critical incidents and planned events to transport equipment, providing interior and/or exterior workspaces and command and control capabilities to the Incident Commander on-scene or at remote locations.

Fiscal Impacts: The initial cost of vehicle and equipment was approximately $229,884 in 2015.

Maintenance of the systems is performed by the City’s Fleet Service. Annual costs are estimated to be $2,500. The maintenance cost in 2024 was $8,617.

Legal/Procedural Rules Governing Use: Use of the SWAT Vehicle is governed by local and State laws. SWAT Vehicle use is consistent with rules for a Class C driver’s license in the State of California.

Training Required: None

Category 7: Battering Rams, Slugs, and Explosive Breaching Apparatuses

Cost: $200
Quantity: 2
Acquired: 2002
Lifespan: No expiration

Cost: $3.75 each
Quantity: 134
Acquired: 2002
Lifespan: No expiration

Cost: $695 (0.34 per foot)
Quantity: 2,956 feet
Acquired: 2002
Equipment Name: Explosive Breaching Equipment
Equipment Name: Nonel MS (blasting cap)
Equipment Name: Primacord (50 grains per foot) – primary explosive 133
Lifespan: No expiration
Equipment Capabilities: This equipment is used to direct explosive energy into a target structure to create an opening to allow for SWAT team entry, hostage escape or increased visibility.

Purpose/Authorized Uses: To safely gain entry into a structure. This equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander.

Fiscal Impact: The program is inexpensive to maintain, replacing only equipment used in training or in operations. The material used for each breach is under $10.

Future Purchases: The department anticipates purchasing replacements for equipment used for training or operations at the estimated cost of $1,000.

Legal/Procedural Rules Governing Use: Use is established by MVPD Policy. It is the policy of the MVPD to utilize explosive breaching equipment only for official law enforcement purposes and pursuant to State and Federal law.

Training Required: The training consists of an 80-hour course for a member of the SWAT Team specifically designated as the “breacher.” At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test. The materials used for training are inexpensive. A typical training day will consist of 5 to 10 practice breaches.

Category 8: Firearms of .50 Caliber or Greater, excluding standard-issued shotguns and standard-issued shotgun ammunition

Cost: $0
Quantity: 1
Acquired: 2006
Lifespan: 15+ years
Equipment Capabilities: The sniper rifle can fire a .50 caliber bullet at various distances with the ability to penetrate concrete and heavy glass.

Manufacturer Product Description: The Barrett .50 caliber rifle is a recoil-operated, semi-automatic rifle.

Purpose/Authorized Uses: MVPD SWAT is in the process of implementing a large-caliber sniper program.

The Barrett .50 caliber rifle is paired with several ammunition types to address a variety of strategic and tactical needs including, but not limited to, stopping automobiles being used as weapons, especially large or armored vehicles and those known or reasonably suspected to contain vehicle-borne improvised explosive devices (VBIEDs); penetrating bank glass and other heavy glass; and neutralizing a criminal sniper firing from a protected position, such as from behind concrete block or brick or a vertical building.

Fiscal Impacts: The Barrett .50 caliber sniper rifle was seized in 2006 during a criminal investigation and now belongs to the MVPD.

Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms. This weapon and associated ammunition are not currently in operation as MVPD is developing a specific policy around its use.

Training Required: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course, a 40-hour large caliber rifle instructor course, as well as regular SWAT sniper training and qualifications as required by law and policy.

Equipment Name: Barrett .50 Caliber Semiautomatic Rifle 134

Category 9: Ammunition of .50 caliber or greater

Cost: $4,300
Quantity: 590 rounds
Acquired: 2021
Lifespan: No expiration date
Equipment Capabilities and Purpose/Authorized Uses: The Barrett .50 caliber rifle is paired with several ammunition types to address a variety of strategic and tactical needs, including, but not limited to, stopping automobiles being used as weapons, especially large or armored vehicles and those known or reasonably suspected to contain vehicle-borne improvised explosive devices (VBIEDs); defeating bank glass and other heavy glass; and neutralizing a criminal sniper firing from a protected position, such as from behind concrete block or brick or a vertical building.

Fiscal Impacts: The MVPD originally purchased 750 rounds of .50 BMG M33 NATO Ammunition 624 Grain Full Metal Jacket costing $2,680, and 220 rounds of Hornady .50 BMG H8270 Match Ammunition 750 Grain A- Max costing $1,608. The ongoing costs for ammunition will vary, and maintenance is conducted by Department staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms. The Barret .50 Caliber Semiautomatic Rifle and its associated ammunition are not currently operational as MVPD is developing a specific policy around its use.

Category 10: Specialized Firearms and Ammunition of less than .50 Caliber

Cost: $7,518
Quantity: 2
Acquired: 2021
Lifespan: Approximately 15 years
Equipment Capabilities: The sniper rifle is capable of firing a .308 caliber bullet.

Manufacturer Product Description: .308/7.62 with 20’’ barrel, semiautomatic, magazine-fed sniper rifle.

Purpose/Authorized Uses: This rifle may only be used by a SWAT Officer trained and certified to be a sniper (MVPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life.

Examples of situations for deploying the rifle may include, but are not limited to when an Officer reasonably anticipates an armed encounter; is faced with a situation that may require accurate and effective fire at a long distance; reasonably expects the need to meet or exceed the firearms and ammunition that a suspect is reported or believed to possess; reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage; and reasonably believes that a suspect may be wearing body armor.

Fiscal Impact: The ongoing costs for ammunition will vary and maintenance is conducted by Department staff.

Equipment Name: .50 BMG M33 NATO Ammunition and Hornady .50 BMG H8270 Match Ammunition Equipment Name: .308 Caliber Sniper Rifle
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Future Purchases: The department will purchase approximately 1,000 rounds for approximately $2,000.

Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms.

Training Required: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.

Cost: $3,300
Quantity: 1,000 Rounds
Acquired: 2022 (replenished to maintain stock)
Lifespan: No expiration

Cost: $500
Quantity: 1
Acquired: 2008
Lifespan:15+ years
NOTE: This rifle is currently in storage as surplus.

Cost: $3,000
Quantity: 2
Acquired: 2000
Lifespan: 15+years

Cost: $2,700
Quantity: 1
Acquired: 1994
Lifespan: 15+ years
NOTE: This is currently in storage as surplus.

Cost: $5,000
Quantity: 1
Acquired: 2010
Lifespan: 15+ years
NOTE: This is currently in storage as surplus.

Cost: $800
Quantity: 1
Acquired: Prior to 1995
Lifespan: 15+ years
NOTE: This is currently stored as surplus

Equipment Name: .308 Caliber Ammunition
Equipment Name: B-West AK-47 .762 Semi-automatic ZŝŇĞ
Equipment Name: M4 .223 ZŝŇĞ͕ semi and fully automatic
Equipment Name: HK MP5 suppressed 9mm submachine gun
Equipment Name: HK .308 ZŝŇĞ
Equipment Name: Remington 870 Breaching Shotgun
Equipment Name: Steyr AUG .223 ZŝŇĞ
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Cost: $2,000
Quantity: 1
Acquired: Prior to 2010
Lifespan: 15+ years

Category 12: Noise Flash Diversionary Device and Chemical Munitions

Purchase Cost: $4,800
Quantity: 83
Acquired: 2018
Lifespan: Approximately 5 years
Equipment Capabilities: This equipment includes various types of chemical agents in canisters and munitions that can be deployed by hand or through munition launchers.

Purpose/Authorized Uses: The purposes are to: compel an indivi dual to cease their actions when such munitions present a reasonable option; control riots to bring an objectively dangerous and unlawful situation safely and effectively under control; deny a designated area to a suspect; force a suspect to move to a desired area; or disorient a suspect.

Fiscal Impact: No known annual maintenance cost.

Future Purchases: To replace used and/or expired equipment, the department may purchase approximately 40 rounds for approximately $3,000.

Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearm Training Required: 40-hour chemical agent instructor course

Cost: $4,407
Quantity: 50
Acquired: 2018 & 2023
Lifespan: 5 years
Equipment Capabilities: An NFDD, is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area.

Purpose/Authorized Uses: NFDD’s are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to create an opportunity to take control of high-risk or dangerous situations.

Fiscal Impact: No known annual maintenance cost.

Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms.

Training Required: 8-hour NFDD instructor school.

Category 14: Kinetic Energy Weapons (Projectile Launcher) and Munitions

Purchase Cost: See below
Equipment Name: Projectile Launchers and Associated Munitions (see below for each individual type) Equipment Name: Noise Flash Diversionary Device (NFDD)
Equipment Name: Chemical Munitions
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Quantity: See below
Acquired: See below
Lifespan: See below
Equipment Capabilities: Launcher systems that use smokeless powder to deliver projectiles from a safe distance.

Purpose and Authorized Use: To help deescalate and limit the es calation of conflict where effective without the need for lethal force. Situations for use of the less-lethal weapon systems may include, but are not limited to:
x Self-destructive, dangerous, and/or combative individuals. x Riot/crowd control and civil unrest incidents.
x Circumstances where a tactical advantage can be obtained. x Potentially vicious animals.
x Training exercises or approved demonstrations.

Fiscal Impact: No known annual maintenance cost.

Future Purchases: The department plans to purchase 200 rounds for approximately $6,000.

Legal/Procedural Rules Governing Use: Use is established under MVPD Policy 308. It is the policy of the MVPD to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training Required: 24-hour less-lethal instructor course.

Cost: $2,400
Quantity: 2
Acquired: Prior to 2010
Lifespan: 15+ years

Cost: $4,443
Quantity: 900
Acquired: 2023
Lifespan: 5+ years

Cost: $1,800
Quantity: 42
Acquired: 2024
Lifespan: 15+ years

Cost: $2,300
Quantity: 1
Acquired: 2024
Lifespan: 15+ years
Equipment Name: FN303 .68 Launcher
Equipment Name: .68 Caliber Projectiles
Equipment Name: 40mm LMT Single-Shot Sponge Round Launcher Equipment Name: 40mm LMT 4-Shot Multi-Launcher
138

Cost: $5,675
Quantity: 300
Acquired: 2020
Lifespan: 5+ years

Cost: $1,080
Acquired: 2020
Quantity: 59 rounds
Lifespan: 5+ years

Cost: $400
Quantity: 1
Acquired: Prior to 1995
Lifespan: 15+ years

Cost: $2,325
Obtained: Prior to 2000
Quantity: 3
Lifespan: 5+ years

Cost: $500
Quantity: 50
Acquired: Prior to 2000
Lifespan: 5+ years
** The data presented in the above inventory list represents the most current and accurate count. Discrepancies from previously reported figures may occur due to updates, or improved data accuracy.

Equipment Name: 40mm Sponge Round
Equipment Name: 40mm Less-Lethal Sponge Round with Chemical Agent Equipment Name: 12-Gauge Shotgun Chemical Munition Launcher Equipment Name: SAGE 37mm Projectile Launcher
Equipment Name: SAGE 37mm Impact Munition
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City of Mountain View
Legislation Text

CITY HALL
500 CASTRO STREET
File #: 205740, Version: 1
Annual Homeless Response Contracts and Shelter Crisis Resolution

1. Adopt a Resolution of the City Council of the City of Mountain View Authorizing the City Manager or Designee to Execute Fiscal Year 2026-27 Funding Agreements with the Community Services Agency of Mountain View, Los Altos, and Los Altos Hills for Housing-Related Services in an Amount Not to Exceed One Hundred Seventy-Seven Thousand Dollars ($177,000), and for a Homeless Prevention Direct Financial Assistance Program in an Amount Not to Exceed One Hundred Fifty Thousand Dollars ($150,000), to be read in title only, further reading waived (Attachment 1 to the Council report).

City of Mountain View Printed on 6/4/2026Page 1 of 1
powered by Legistar™
140

DATE:

June 9, 2026
CATEGORY:

Consent
DEPT.:

City Manager’s Office

TITLE: Annual Homeless Response Contracts
and Shelter Crisis Resolution

RECOMMENDATION

1. Adopt a Resolution of the City Council of the City of Mountain View Authorizing the City Manager or Designee to Execute Fiscal Year 202 6-27 Funding Agreement s with the Community Services Agency of Mountain View, Los Altos, and Los Altos Hills for Housing - Related Services in an Amount Not to Exceed One Hundred Seventy-Seven Thousand Dollars ($177,000), and for a Homeless Prevention Direct Financial Assistance Program in an Amount Not to Exceed One Hundred Fifty Thousand Dollars ($150,000), to be read in title only, further reading waived (Attachment 1 to the Council report).

BACKGROUND

This Council report focuses on actions related to implementing the Pathways to Housing - Homeless Response Strategy Implementation and Expenditure Plan, which Council adopted on June 10, 2025.

Partnership with CSA

As the designated safety net provider and the City’s official resource hub for unhoused and unstably housed residents, the Community Services Agency of Mountain View, Los Altos, and Los Altos Hills ( CSA) has partnered with the City on a variety of programs and services to help residents in need of assistance, including, but not limited to, case management, housing information, problem-solving resources, referrals, outreach, and direct financial assistance.

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Annual Homeless Response Contracts and Shelter Crisis Resolution June 9, 2026

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Mountain View City CouncilJune 9, 2026

Mountain View City Council
June 9, 2026