Attachment 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW
AMENDING CHAPTER 36 (ZONING) OF THE MOUNTAIN VIEW CITY CODE
TO UPDATE STANDARDS AND PROCEDURES RELATED TO THE DESIGNATION AND
PRESERVATION OF HISTORIC RESOURCES AND FINDING THAT THE AMENDMENTS ARE
EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO CEQA GUIDELINES SECTION 15308,
AS RECOMMENDED BY THE ENVIRONMENTAL PLANNING COMMISSION WHEREAS, the City Council initiated an amendment of Chapter 36 of the City Code to reflect the community’s historic preservation goals, update the Mountain View Register of Historic Resources (Register) to include a complete list of historic resources to be protected, establish a process and criteria for the designation of local historic districts, create updated and streamlined processes and historic review permits, and create a more detailed and comprehensive list of incentives and benefits; 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 Mountain View City Code; and
WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on August 19, 2026, and recommended that the City Council adopt the amendments to Chapter 36 (Zoning) of the City Code; and
WHEREAS, the City Council held a public hearing on September 22, 2026 on this Ordinance and received and considered all information, documents, and comments presented at said hearing regarding amendments 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 are consistent with the General Plan because they promote the preservation of historic resources, which is consistent with General Plan Goal LUD 11 (Preserved and protected important historic and cultural resources), Policy LUD 11.1 (Historical preservation), and Policy 11.3 (Incentives), as the amendments will update and strengthen historic preservation standards and procedures;
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 detrimental to the public interest, health, safety, convenience, or welfare of the City because historic resources improve local character and identity, communicate local history, and celebrate unique and distinguished architectural and cultural achievements. The amendments would update standards and procedures to designate and protect historic resources, including historic districts; create effective and streamlined permit review processes; and create a more detailed and comprehensive list of incentives and benefits, resulting in the preservation of historic resources;
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 of the Mountain View City Code because they improve clarity, consistency, and usability. The amendments create effective and streamlined permit review processes, clarify designation and permit procedures, update eligibility criteria, and provide additional incentives and benefits for the preservation of historic resources while maintaining consistency with the City’s historic preservation framework; and
d. The proposed amendment(s) is in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed amendment(s) is in compliance with the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Class 8), which applies to actions taken by regulatory agencies to assure the maintenance, restoration, enhancement, or protection of the environment through a regulatory process that includes procedures for environmental protection. The proposed amendments update and strengthen the City’s Historic Preservation Ordinance by clarifying the procedures and standards for identifying, designating, and preserving historic resources, thereby enhancing their protection. The proposed amendments do not relax existing standards for the protection of historic resources or authorize development or other activities that could result in environmental degradation. Approval of the Ordinance will not result in any property being removed from the Register. The Ordinance requires review of substantive changes to historic resources, which will be subject to additional CEQA review.
SECTION 2. Repeal and Replacement of Division 15 (Designation and Preservation of Historic Resources) of Article XVI (Zoning Ordinance Administration) of Chapter 36 (Zoning) of the Mountain View City Code. Division 15 (Designation and Preservation of Historic Resources) of Article XVI (Zoning Ordinance Administration) of Chapter 36 (Zoning) of the Mountain View City Code is hereby repealed in its entirety and replaced with the following:
DIVISION 15. - DESIGNATION AND PRESERVATION OF HISTORIC RESOURCES SEC. 36.55 Designation and preservation of historic resources.
SEC. 36.55.01. Purpose.
The city council finds and declaresthat the recognition, preservation, protection, use, and adaptive re-use of historic resources is in the best interest of the health, prosperity, social, cultural, and economic enrichment and general welfare of the City. The Mountain View Register of Historic Resources and associated regulations established by this Chapter provide a program and procedures to support and guide the maintenance, rehabilitation, enhancement, and protection of historic resources in Mountain View.
SEC. 36.55.02. Definitions.
For the purpose of this division, the following words shall have the meanings set forth in this section:
Alteration. Any physical change to the interior or exterior of a building, structure, object, or site subject to the provisions of this Division.
Character-defining feature. The distinctive, tangible, and physical features or elements that contribute to the overall historic character of a building and were present during its period of significance.
Director. The community development director or designee, unless otherwise stated.
Exempt alteration. An alteration to a historic resource that does not have the potential to adversely affect the resource’s integrity or character-defining feature(s), and does not require a historic resource evaluation to so determine.
Historic district. An area within the City of Mountain View, with defined physical boundaries, that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development and that the city council has designated for inclusion in the Mountain View Register of Historic Resources pursuant to this Division. The area encompassed by the boundary of a historic district includes properties that are primary contributors and limited contributors to the district’s significance.
Historic district primary contributor. A parcel that contains one or more building(s), structure(s), or object(s) that contributes to the significance of a historic district and possesses sufficient integrity to convey that significance. Multiple condominium parcels within a single structure shall be considered one primary contributor. This is equivalent to “contributor” in the evaluation of historic districts for the California Register of Historical Resources or National Register of Historic Places.
Historic district limited contributor. A parcel that is within the boundaries of a historic district that does not contain a building, structure, or object that contributes to the district’s significance, either by the absence of any such building, structure, or object or by same’s lack of
sufficient integrity to convey thatsignificance. Multiple condominium parcelsin a single structure shall be considered one limited contributor. Although the parcel may not contribute directly to the historic district’s significance, altering it may detract from the district's overall ability to convey its significance. This is equivalent to “non-contributor” in the evaluation of historic districts for the California Register of Historical Resources or National Register of Historic Places.
Historic resource. Any building,structure, object,site, district, or other improvement that the city council has designated for inclusion in the Mountain View Register of Historic Resources as an individual resource, historic district, or primary contributor to a historic district, as well as those which have been listed on the California Register of Historical Resources or National Register of Historic Places. This definition includes but is not limited to built environment resources, cultural landscapes and landscape elements, archaeological sites and deposits, and traditional cultural properties. Historic district limited contributors are not historic resources, but their alteration may detract from the district's overall ability to convey its significance.
Historic resource evaluation. A report prepared by a qualified professional that evaluates the significance of a historic resource within its historic context, explains how the historic resource meets the eligibility criteria and integrity thresholds as established by the local, state, or federal government, and establishes a period ofsignificance and character-defining feature(s).
Integrity. The ability of a property to convey its significance, typically evidenced by the retention of attributes, or a character-defining feature(s), that existed during its period of significance and including location, design, setting, materials, workmanship, feeling, and association. The Mountain View Register of Historic Resources may apply integrity thresholds appropriate to the applicable resource type, period of significance, and historic context, which may differ from those applied by the California Register of Historical Resources or the National Register of Historic Places, specifically for resources constructed prior to 1939 and resources in the 100 to 300 blocks of Castro Street and side streets within one block thereof.
Any integrity threshold that differs from the threshold ordinarily applied to the California Register of Historical Resources or the National Register of Historic Places shall be identified and explained in the historic resource evaluation supporting designation.
Major alteration. An alteration to a historic resource that is not “exempt” and does not qualify as a minor alteration and affects or modifies its character-defining feature(s) or integrity.
Minor alteration. An alteration to a historic resource that is not “exempt,” but where the alteration would not affect or modify any character-defining feature(s) or impact the resource’s integrity, or would only affect or modify a character-defining feature(s) that is not visible from public rights-of-way or other publicly-accessible property.
Mountain View Register of Historic Resources (or Historic Register). The inventory of buildings, structures, objects, sites, districts (including primary and limited contributors), and other improvements designated by the city council as historic resources pursuant to the
provisions of this Division. The Historic Register shall be adopted and amended by city council resolution. In addition, properties listed on the California Register of Historical Resources and/or the National Register of Historic Places are automatically listed on the Mountain View Register of Historic Resources pursuant to Section 36.55.25. The Mountain View Register of Historic Resources shall be the city's "local register of historical resources" as defined in the California Public Resources Code Section 5020.1(k).
Period of Significance. The span of time which a historic resource attained the characteristics or associations for which it meets the significance criteria to be considered a historic resource or historic district.
Qualified professional. An individual meeting the Secretary of the Interior’s Professional Qualifications Standards (36 CFR Part 61, Appendix A) in history, architectural history, historic architecture, or archaeology, as appropriate to the property type, whether a historic resource or being evaluated as such.
Secretary of the Interior’s Standards for the Treatment of Historic Properties (or SOIS).
The latest edition of the standards and guidelines maintained by the National Park Service for the preservation, rehabilitation, restoration, and reconstruction of historic properties.
SEC. 36.55.05. Preservation of historic resources.
No person shall alter, modify, remove, or destroy, or allow any other person to alter, modify, remove, or destroy, any historic resource designated and included in the Mountain View Register of Historic Resources except as provided herein.
SEC. 36.55.10. Designation findings.
A building, structure, object, site, district, or other improvement may be designated as a historic resource and placed on the Mountain View Register of Historic Resources if the city council finds all of the following:
a. The resource is significant under one or more of the following significance criteria:
1. Is directly associated with eventsthat have made a significant contribution to history and cultural heritage within the City of Mountain View;
2. Is strongly identified with a person who, or an organization which, significantly contributed to the culture, history, or development of the City;
3. Embodies the distinctive characteristics of a type, period, region or method of construction significant to the City’s history or cultural heritage,
or represents of the work of an architect, design professional, or builder of merit, or possesses high artistic value; or
4. Has yielded, or may be likely to yield, information important to the City’s pre-contact era or history.
b. The resource retains historic integrity as defined in this division, and as specified for historic resources of the same type and period of significance in any historic context statement applicable to the resource;
c. The resource is at least 50 years old, except if a potential historic resource is less than 50 years old, documentation of its significance must demonstrate that sufficient time has passed to understand its historical importance within appropriate context;
d. If the resource is a historic district, there is adequate concentration, linkage, and/or continuity of historic district primary contributors to convey the historic district’s significance, and historic district limited contributors do not disproportionately detract from the district's overall ability to convey its significance. For a proposed historic district requested by a property owner application, the proposed district comprises at least twice as many historic district primary contributors as historic district limited contributors; e. Each designation finding shall identify the substantial evidence supporting the finding as applied to the particular resource.
SEC. 36.55.15. Designation process for Historic Register - Individual Resources.
The city council may considerthe designation of a building,site,structure, object, or other improvement as a historic resource and place same on the Mountain View Register of Historic Resources pursuant to one or more of the permissible methods described in subsections (a), (b), and/or (c) to initiate such consideration, and pursuant to the public hearing action in subsection (d) to designate the historic resource.
a. Initiation by owner application. The property owner may request designation of a building, site, structure, object, or other improvement as an individual historic resource. Requests for designation must be accompanied by a historic resource evaluation that demonstrates the property’s significance and integrity relative to the findings for designation as defined in Section 36.55.10. The application shall be filed with the director. The director may require a third-party peer review of a submitted application, and may require an applicant to provide a deposit for payment of expenses associated with the peer review.
b. Initiation by the city council. The city council may initiate the designation of a building, site, structure, object, or other improvement as an individual historic resource. Within thirty days of the initiation of the designation by the city council, the director shall notify the property owner, as such owner’s name and address appear on the last equalized assessment roll of the County Assessor, in writing by first-class and certified mail.
The notice shall describe the consequences of designation, identify the anticipated hearing date if known, and explain the property owner’s opportunity to submit written materials and qualified professional evidence.
Prior to the public hearing required by subsection (d), the directorshall ensure the preparation of documentation that supports the designation, which shall at minimum include a historic resource evaluation that demonstrates the property’s significance and integrity relative to the findings for designation as defined in Section 36.55.10.
The director shall provide the property owner with notice of availability of the completed historic resource evaluation and other materials upon which staff intends to rely no fewer than sixty (60) days before the public hearing, and shall make such information available to the property owner upon request. The property owner may submit written comments, factual materials, and a qualified professional response for inclusion in the hearing record. c. Initiation by survey. The City may initiate the designation of any building, site, structure, object, or other improvement identified as eligible for listing on the Historic Register through a City-initiated survey. The survey used for initiation pursuant to this subsection shall remain valid for five years from the date of evaluation, provided the director determines before the designation hearing that no material alteration or other changed circumstance affects the survey’s conclusions concerning significance or integrity.
At least 60 days before the public hearing in subsection (d), the director shall notify all property owners under consideration for designation in writing by firstclass and certified mail. d. Public hearing before city council. Prior to any action to designate a building, site, structure, object, or other improvement as an individual historic resource in the Mountain View Register of Historic Resources, the city council shall hold a public hearing in accordance with the noticing and procedural requirements described in Division 16 (Applications, Hearings and Appeals) of this Article. The city council shall only take action to designate a building, site, structure, object, or other improvement as an individual historic resource if such action has been initiated pursuant to one of the methods described in this section or brought forward
pursuant to Section 36.55.39, and upon making the required findings for designation in Section 36.55.10.
e. Designation is a discretionary action. The provisions of this division shall not create a duty for city council to designate any building, site, structure, object, or other improvement as an individual historic resource. Notwithstanding any evidence that supports designation, the city council may, in its sole discretion, determine not to designate a building, site, structure, object, or other improvement as an individual historic resource after taking into account property owner or community sentiment, differing qualified professional opinions of significance, eligibility for removal pursuant to Section 36.55.35, and other relevant factors.
f. Failure to notify. Failure of any property owner to receive notice sent by mail to the address shown on the last assessment roll for the property in question shall not invalidate proceedings if the City complied with the notice requirements of this division.
SEC. 36.55.20. Designation process for Historic Register - Historic Districts.
The city council may consider the designation of a historic district and place same on the Mountain View Register of Historic Resources pursuant to one or more of the permissible methods described in subsections (b), (d), and/or (e) to initiate such consideration, and pursuant to the public hearing action in subsection (g) to designate the historic district. a. Districts generally. The designated boundary must be contiguous, and shall not contain non-district parcels wholly enclosed within the district boundary. A historic district may only be formed within the geographic area bounded by the following public streets: California Street, Hope Street, Evelyn Avenue, and Bryant Street.
b. Initiation by property owners’ application. A group comprising the owners or authorized agents of at least fifty percent of the parcels and at least fifty percent of the privately-owned land area therein may request designation of a historic district. “Parcels” shall include condominiums, but the land area of the condominium lot must be divided equally among owners based on their affirmative participation in the request. A request for a historic district designation shall be filed with the director and must include the required application materials in subsection (c). The director may require a third-party peer review of a submitted application, and may require an applicant to provide a deposit for payment of expenses associated with the peer review.
As an additional protection against unreasonable applications, historic districts initiated by property owners shall have at least twice the number of primary
contributors as limited contributors, which shall be established prior to the public hearing in subsection (g).
c. Required application materials. The following items are required application materials for any historic district designation requested by property owners:
1. A historic resource evaluation of the proposed historic district’s significance and integrity relative to the required findings for designation as defined in Section 36.55.10;
2. A map depicting the boundary of the proposed historic district;
3. A list and/or map and photographs of primary contributors and limited contributors to the proposed historic district, including buildings, structures, objects, landscape features, and infrastructure elements such as public rights-of-way, lighting, and signage. All parcels within the district boundary must be identified as primary contributors or limited contributors, and include the property address(es) and assessor parcel number(s);
4. A list and photographs of character-defining features of the proposed historic district as a whole, including those architectural characteristics shared by primary contributors that convey the proposed historic district’s significance.
d. Initiation by the city council. The city council may initiate the designation of a historic district by majority vote. Within thirty days of the initiation of the designation by the city council, the director shall notify the owners of all properties within the boundary of the proposed historic district, as such owners’ names and addresses appear on the last equalized assessment roll of the County Assessor, in writing by first-class and certified mail. Prior to the public hearing required by this section, the director shall ensure the preparation of documentation that supports the historic district designation, which shall at minimum include a historic resource evaluation that demonstrates the proposed district’s significance and integrity relative to the findings for designation as defined in Section 36.55.10.
e. Initiation by survey. The City may initiate the designation of any district identified as eligible for listing on the Historic Register through a City-initiated survey. The survey used for initiation pursuant to this subsection shall remain valid for five years from the date of evaluation.
f. Notice and owner response. At least 60 days before the public hearing described in subsection (g), the City shall mail a notice and an owner-response by first-class
and certified mail to owners of all properties in the proposed historic district, as such owners’ names and addresses appear on the last equalized assessment roll of the County Assessor, identifying the proposed boundary, the proposed classification of the owner’s property, the local regulatory consequences of designation, and the procedure and deadline for submitting written comments.
The owner-response form is advisory and does not constitute a vote or establish an owner-consent requirement. Staff shall report the number and percentage of owners supporting, opposing, and not responding.
g. Public hearing before city council. Prior to any action to designate a historic district in the Mountain View Register of Historic Resources, the city council shall hold a public hearing in accordance with the noticing and proceduralrequirements described in Division 16 (Applications, Hearings and Appeals) of this Article. The city council shall only take action to designate a historic district if such action has been initiated pursuant to one of the methods described in thissection or brought forward pursuant to Section 36.55.39, and upon making the required findings for designation in Section 36.55.10.
h. Designation is a discretionary action. The provisions of this division shall not create a duty for city council to designate any historic district. Notwithstanding any evidence that supports designation, the city council may, in its sole discretion, determine not to designate a historic district, or designate only a portion of a proposed historic district, after taking into account property owner or community sentiment, differing qualified professional opinions of significance, eligibility for removal pursuant to Section 36.55.35, and other relevant factors, and further provided the designated portion independently satisfies Section 36.55.10 and affected owners received notice of the boundary materially under consideration. i. Failure to notify. Failure of any property owner to receive notice sent by mail to the address shown on the last assessment roll for the property in question shall not invalidate any proceedings in connection with the proposed designation. j. Additions to historic districts. This section shall also be used to consider the addition of properties to existing historic districts. Initiation by property owners’ application as described in subsection (b) shall require a request by a group comprising the owners of at least fifty percent of the parcels and at least fifty percent of the privately-owned land area of the addition, as well as all other criteria based upon the proposed amended historic district as a whole.
SEC. 36.55.25. Designation of State and National Register Resources.
Any resource listed on the California Register of Historical Resources or the National Register of Historic Places shall also be included on the Mountain View Register of Historic Resources, except for a historic district that does not meet the geographic location limitations
provided in Section 36.55.20.a. Such inclusion shall be by reference and shall not require a separate local designation hearing. Within thirty (30) days after receiving notice of the listing, the director shall notify the property owner of the listing, its local regulatory consequences, and the procedure for correcting an error concerning the identity or listing status of the property.
SEC. 36.55.30. Removal from Historic Register or reclassification of primary contributors – ineligible properties.
a. Applicability. Owner(s) of property designated on the Historic Register may submit an application to the director for removal from the Historic Register pursuant to this section. Requests for removal must be accompanied by a historic resource evaluation that demonstrates the property’s significance and integrity relative to the findingsfor designation as defined in Section 36.55.10. The director may require a third-party peer review of a submitted application and may require an applicant to provide a deposit for payment of expenses associated with the peer review. Owner(s) may, but are not required to, submit an application pursuant to this section concurrently with an application for any other permit required by this chapter. This section may only be used under the following circumstances:
1. Loss of integrity due to accident or disaster. The property has lost its integrity due to damage or deterioration beyond the owner’s control.
Qualifying circumstances may include, but are not limited to, a natural disaster such as a flood or earthquake. The circumstances shall have damaged the property to the extent that it no longer possesses sufficient integrity to convey its significance and justification for inclusion in the Historic Register. Loss of integrity due to neglect, failure to maintain, or alterations completed in a manner inconsistent with the City Code shall not be considered a qualifying basis for removal from the Historic Register pursuant to this section.
2. New information. Evidence not included in the documentation supporting the original designation demonstrates that a property does not meet findings (a), (b), (c), or, if applicable, (d) in Section 36.55.10. b. Historic district primary contributors. Owner(s) of a historic district primary contributor may submit an application to the director pursuant to this section to convert their property from a historic district primary contributor to a historic district limited contributor. If removal of the property would retain the contiguousness of the historic district within which the property is located, the application may include a request to amend the historic district boundary to remove the property from the district. Applications pursuant to this subsection shall include updated documentation as required in subsection (c) of Section
36.55.20.
c. Historic districts. A group comprising the owners of at least fifty percent of the parcels and at least fifty percent of the privately-owned land area within a historic district, as calculated in subsection (b) of Section 36.55.20, may submit an application to the director pursuant to this section for removal of the historic district from the Historic Register. Applications pursuant to this subsection shall include updated documentation as required in subsection (c) of Section 36.55.20. d. Public hearings. Upon receipt of a complete application and following departmental review and any review required under Section 21000 et seq. of the Public Resources Code (the California Environmental Quality Act), the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of this Article.
Following such hearing, the zoning administrator shall forward a written recommendation to the city council, which shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of this Article.
The city council shall review the zoning administrator’s recommendation and the evidence in support of termination of designation, modification of historic district boundary, or conversion from historic district primary contributor to historic district limited contributor.
e. Findings. The city council shall approve a request for removal from the Historic Register or conversion from a historic district primary contributor to a historic district limited contributor, or the modification to a historic district boundary pursuant to this section if it makes the following required findings:
1. Based on substantial evidence, including a current historic resource evaluation, the property does not meet one or more of the findings(a), (b), (c), or, if applicable, (d) in Section 36.55.10; and
2. For removal or reclassification of a contributor to a historic district, the resulting district boundary and classifications continue to satisfy Section
36.55.10(d), or the city council concurrently modifies or removes the district designation as necessary; and
3. The removal from the Mountain View Register of Historic Resources or reclassification complies with the California Environmental Quality Act (CEQA).
SEC. 36.55.35. Removal from Historic Register or reclassification of primary contributors – exemptions.
a. Applicability. Owner(s) of property designated on the Historic Register may submit an application to the director for removal from the Historic Register pursuant to this section. Requests for removal must be accompanied by evidence of the circumstances applicable to this section. The director may require a thirdparty peer review of a submitted application and may require an applicant to provide a deposit for payment of expenses associated with the peer review.
Owner(s) may, but are not required to, submit an application pursuant to this section concurrently with an application for any other permit required by this chapter. This section may only be used under the following circumstances:
1. Economic hardship. The applicant has presented facts that clearly demonstrate to the satisfaction of the city council that failure to remove the historic resource from the Historic Register would result in an immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved. In determining whether substantial hardship exists, the city council shall consider evidence that demonstrates that the following factors, considered together, establish that continued designation would deny all reasonable economic use of the property or otherwise impose an unconstitutional burden under applicable law:
A. Denial of the application will diminish the value of the subject structure or property so as to leave substantially no value.
B. Sale or rental of the property is impractical, infeasible, or uneconomic, when compared to the cost of holding such property for permitted uses.
C. Improvement of the property in a manner which would preserve its character-defining features is impractical, infeasible, or uneconomic.
D. In addition, the city council shall consider reasonably probable permitted uses; market value and return with and without removal; supported rehabilitation and maintenance costs; available incentives and feasible preservation alternatives; reasonable investment-backed expectations when the property was acquired; and whether the asserted hardship was caused or materially increased by neglect, unlawful alteration, or failure to maintain the resource. A reduction in value, reduced profitability, or a more profitable alternative use shall not, standing alone, establish hardship. Any relief shall be limited to the minimum necessary to avoid the demonstrated hardship.
Penalties, corrections, or other enforcement measures pursuant to Section
36.55.70 shall not be considered costs in the determination of economic hardship.
2. Free Exercise of Religion. The applicant has presented facts that clearly demonstrate to the satisfaction of the city council that the inclusion in the Historic Register would impose a substantial burden on the applicant’sfree exercise of religious liberty. The city council shall consider the nature of the religious exercise, the manner and degree of the burden, and whether less restrictive relief would avoid the burden while preserving the resource. Qualification under California Revenue and Taxation Code Section 207 may be considered as evidence of religious use but does not, by itself, establish a substantial burden or entitlement to removal. Any relief shall be limited to the minimum necessary to remedy the demonstrated burden. .
b. Historic district primary contributors. Owner(s) of a historic district primary contributor may submit an application to the director pursuant to this section to convert their property from a historic district primary contributor to a historic district limited contributor. If removal of the property would retain the contiguousness of the historic district within which the property is located, the application may include a request to amend the historic district boundary to remove the property from the district. Applications pursuant to this subsection shall include updated documentation as required in subsection (c) of Section
36.55.20. c. Historic districts. A group comprising the owners of at least fifty percent of the parcels and at least fifty percent of the privately-owned land area within a historic district, as calculated in subsection (b) of Section 36.55.20, may submit an application to the director pursuant to this section for removal of the historic district from the Historic Register. Applications pursuant to this subsection shall include updated documentation as required in subsection (c) of Section 36.55.20. d. Public hearings. Upon receipt of a complete application and following departmental review and any review required under Section 21000 et seq. of the Public Resources Code (the California Environmental Quality Act), the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of this Article.
Following such hearing, the zoning administrator shall forward a written recommendation to the city council, which shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of this Article.
The city council shall review the evidence in support of the request for removal of the resource and the zoning administrator's recommendation.
e. Findings. The city council may approve a request for removal from the Historic Register or conversion from a historic district primary contributor to a historic district limited contributor, or the modification to a historic district boundary pursuant to this section only if it makes the following required findings:
1. The removal from the Mountain View Register of Historic Resources is no broader than necessary to remedy the economic hardship or legally cognizable burden on religious exercise established under thissection; and
2. The removal from the Mountain View Register of Historic Resources complies with the California Environmental Quality Act (CEQA).
SEC. 36.55.39. Other modifications to the Historic Register.
Nothing in this Division shall be interpreted to prevent the director from initiating a modification to the Historic Register for city council consideration, including but not limited to a modification to add or remove one or more properties, revise a property’s status as a historic district primary contributor or historic district limited contributor, or expand or contract one or more historic districts, when the director determines that information available to the City indicates that the modification may be warranted under the standards and criteria of this Division. Initiation by the director, by itself, shall not modify the Historic Register or alter a property’s designation or classification. Before city council action, the director shall ensure preparation of the documentation necessary to evaluate the proposed modification and compliance with the notice and public hearing procedures applicable to the proposed modification. The city council may approve the modification only upon making the findings required for the applicable action.
The director may initiate correction of a clerical, mapping, address, ownership, or other nonsubstantive error in the Historic Register after written notice to affected property owners. A correction may not add or remove a resource, modify a historic district boundary, or change a contributor classification.
SEC. 36.55.40. Historic preservation permits.
a. Applicability. No person shall make any alteration to any individual historic resource, historic district primary contributor, or historic district limited contributor, except alterations that are “exempt” pursuant to subsection (h), without first obtaining a historic preservation permit (“HP permit”), which shall prohibitsubstantial adverse change to the integrity of the historic resource. An HP permit and any other coincidental permits shall remain in effect for four (4) years from the date of approval, and shall be eligible for a permit extension pursuant to Section 36.56.65.
b. Application requirements. In addition to the application requirements of Division 16 (Applications, Hearings and Appeals) of this Article, including but not limited to current photographs and architectural drawings, specifications or other descriptive materials necessary to illustrate the proposed alteration, the HP permit application shall include a list of character-defining features and an SOIS analysis by a qualified professional. An alteration to a historic resource must be in substantial compliance with the SOIS.
The City shall determine whether a minor HP permit or major HP permit is required upon receipt of a complete application, pursuant to the provisions in subsections (c) and (e) of this section. Notwithstanding the listed improvements in subsections (c) and (e), the zoning administrator shall have the authority to approve any application affecting character-defining features (major alterations) pursuant to subsection (f), and the director shall have the authority to approve any application not affecting character-defining features (minor alterations) pursuant to subsection (d).
c. Minor HP permit applicability. Minor HP permits are required for minor alterations to historic resources. The director may establish and maintain a list of alterations they have determined to typically require a minor HP permit.
The following are examples of alterations to individual historic resources and historic district primary contributors that would typically require a minor HP permit.
1. Construction of an addition to the principal structure that is not visible from public rights-of-way or other publicly-accessible property;
2. Alteration of, or construction of an addition to, an existing accessory structure that does not contribute to the property’s significance;
3. Relocation within the parcel of an accessory structure that does not contribute to the property’s significance;
4. Removal of non-historic additions or features on the principal structure;
5. Replacement of historic or compatible non-historic windows or doors inkind, with matching material, type, configuration, and/or operability;
6. Replacement of incompatible, non-historic windows or doors with windows or doors that match the original or historically documented examples on the building or are consistent with the architectural style and period of significance, including material, size, muntin pattern, operation, profile, and finish;
7. Creation of new window or door openings not visible from public rightsof-way or other publicly-accessible property;
8. Foundation and structural repair or replacement that does not remove or alter character-defining features;
9. Installation of awnings or canopies that do not remove, damage, or permanently alter character-defining features;
10. Installation of rooftop photovoltaic panels based on compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (i.e., to minimize visibility from public rights-of-way while preserving reasonable solar efficiency). The City may require an alternative location only when it would not substantially impair the system’s costeffectiveness or energy production and when it would avoid material impacts to significant historic features;
11. Installation of skylights; or
12. Installation of new commercial signs, in new locations.
The following are examples of alterations to historic district limited contributors that would require a minor HP permit. Such actions may require development review approval pursuant to other provisions of this Article (which may include a public hearing).
13. New or additional principal building on the site;
14. Demolition of a principal building on the site; or
15. Vertical addition to an existing principal building. d. Minor HP permit process. Upon receipt of a complete application, the director may approve or disapprove a minor HP permit administratively, with no public hearing or public notice required.
e. Major HP permit applicability. Major HP permits are required for major alterations to historic resources. The following are examples of alterations that would typically require a major HP permit.
1. New or additional principal building on the site;
2. Construction of a new accessory structure, such as a garage, trash enclosure, or pergola, visible from public rights-of-way or other publiclyaccessible property;
3. Construction of an addition to the principal structure that is visible from public rights-of-way or other publicly-accessible property;
4. Relocation of a principal structure or structure that contributes to the property’s significance within its parcel;
5. Relocation of a historic district primary contributor to a different parcel within the historic district;
6. Alteration or addition to a principal structure or accessory structure that contributes to the property’s significance, that would remove, alter, or permanently obscure a character-defining feature;
7. Full or partial change in exterior cladding material (e.g., wood siding to stucco), where the change is more extensive than what would be associated with minor alterations;
8. Replacement of windows or doors with new windows or doors of differing material, type, configuration, and/or operability;
9. Replacement of incompatible windows or doors with matching, incompatible windows or doors;
10. Painting or coating previously unpainted or uncoated character-defining features or materials (e.g., brick, stone, concrete, shingles);
11. Full or partial replacement of roofing with different material, if visible from public rights-of-way or other publicly-accessible property), and where the change is more extensive than what would be associated with minor alterations;
12. New window or door openings visible from public rights-of-way or other publicly-accessible property;
13. Foundation and structural repair or replacement that alters or removes a character-defining feature;
14. Relocation of a principal structure or accessory structure which contributes to the property’s significance to a different parcel within the City of Mountain View. Upon relocation, the historic resource shall remain
on the Historic Register, identified with its new address, which shallrequire a modification to the Historic Register pursuant to Section 36.55.39.
Relocation outside of city limits shall be reviewed as demolition; or
15. Any other alteration, project, or activity not applicable to subsection (c) or (i) of this section.
f. Major HP permit process. Upon receipt of a complete application, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of this Article. The zoning administrator may approve or disapprove the major HP permit, subject to appeal to the city council.
g. Finding. An HP permit may be approved or conditionally approved if the approval body or official finds that the proposed alteration will not result in a substantial adverse change in the integrity of the historic resource. This may be established by confirming that the proposed alteration is consistent with the SOIS. A proposed alteration that would result in a substantial adverse change may be approved only pursuant to Section 36.55.45.
h. Appeals. Decisions made under this Section may be appealed to the city council in accordance with Section 36.56.50 (Appeals).
i. Exempt Alterations. No HP permit is required for an exempt alteration. Any alteration limited to one or more scopes of work included in this subsection shall be considered an exempt alteration. The director may establish and maintain a list of other alterations that, based on objective characteristics and substantial evidence documented in writing, the director determines categorically meet the definition of an exempt alteration. The director may not exempt an alteration that may remove, materially alter, or permanently obscure a character-defining feature. In addition to any HP permit exemption provided in this subsection, nothing in this Division shall be construed to prevent or require an HP permit for an alteration involving the ordinary repair and maintenance of any architectural feature of a historic resource pursuant to Section 36.55.50, or actions required for public safety pursuant to Section 36.55.55. An alteration that is exempt from the requirement to obtain an HP permit pursuant to this subsection may remain subject to other permit requirements including but not limited to the permit requirements in Chapter 8 and other permit requirements in Chapter 36 of the City Code.
1. Maintenance and repair of existing windows and doors to retain operability and performance;
2. Painting or coating of previously painted or coated surfaces, including in a different color;
3. In-kind maintenance and replacement of siding, trim, and light fixtures;
4. Full or partial replacement of roofing material in-kind, or with different material in areas not visible from public rights-of-way or other publiclyaccessible property;
5. Installation or replacement of roof equipment when fully obscured behind an existing screen or parapet;
6. Installation of underground utilities;
7. Interior renovation or remodeling that does not alter an interior feature identified as a character-defining feature;
8. Seismic strengthening not visible from public rights-of-way or other publicly-accessible property;
9. Minor sign installations (e.g., address numbers, commemorative plaques);
10. Replacement signage installed in the same location as existing, approved signage;
11. Construction of a new detached accessory structure, such as a garage, trash enclosure, or pergola, that is not visible from public rights-of-way or other publicly-accessible property;
12. Changesto site or landscape featuresthat do not alter, remove, or obscure a character-defining feature, including but not limited to heating, ventilation, and air Conditioning (HVAC) and other mechanical equipment not visible from a public right-of-way or other publicly accessible property; walkways; driveways; minor landscape improvements; patio dining areas; and backyard landscaping and site features; or
13. Work which would otherwise not require the issuance of a building permit pursuant to Chapter 8 of the City Code, provided the work does not remove, materially alter, or permanently obscure a character-defining feature.
In addition to the examples above, the following are examples of exempt alterations specific to historic district limited contributors. Such actions may also require development review approval pursuant to other provisions of this Article.
14. Horizontal addition to a principal building on the site;
15. New or demolished accessory structures; or
16. Changesto exterior materials, including but not limited to windows, doors, siding, trim and roofing.
j. Notwithstanding any other provision of this division, where state law requires application ofstrictly objective standards or ministerial approval, the City shall not impose a discretionary or nonobjective historic preservation standard on a housing development project. Nothing in this subsection limits review authorized by CEQA where CEQA legally applies. This division shall not be applied to deny, condition, delay, or otherwise regulate a housing development project to the extent preempted by state law.
SEC. 36.55.45. Demolition or other substantial adverse change. a. Applicability. No historic resource (except a historic district limited contributor, provided that such demolition is eligible for an HP permit) shall be demolished or altered in a manner that would result in a substantial adverse change in the integrity of the historic resource unless approved pursuant to this section. “Demolition” shall mean total destruction of a historic resource or an alteration that removes or destroys such a substantial portion of the resource’s characterdefining features that the resource no longer retains sufficient integrity to convey its historic significance. Inconsistency with the SOIS is relevant evidence but does not, by itself, establish demolition or another substantial adverse change.
Property owners may submit an application to the director under this section for approval of the proposed demolition or other substantial adverse change and any associated removal from the Historic Register.
b. Concurrent project required. Demolition or other substantial adverse change to the integrity of a historic resource shall not be approved unless concurrent alterations to, or improvements or modifications in the location of, the historic resource are also approved.
c. Additional materials. In addition to any required application materials for the concurrent project, an application pursuant to this section shall include:
1. Documentation of the benefits and general plan implementation offered by the concurrent project. “Benefits” shall be limited to identifiable benefits arising from the proposed use, design, or operation of the concurrent project and shall not require an unrelated monetary payment, dedication, or improvement. “General plan implementation” shall include
how preservation of the historic resource prevents effective implementation of the general plan.
2. Documentation of a reasonable range of feasible alternatives that would avoid demolition or materially reduce loss of the historic resource, including preservation, rehabilitation, adaptive reuse, relocation, incorporation into the project, or reduced alteration, and the rationale for rejection.
3. An acknowledgment of the repayment requirements for any tax incentive received for the preservation of the historic resource , and the loss of future tax incentives or other benefits pursuant to Section 36.55.60. d. Public hearings. Upon receipt of a complete application pursuant to this section, and following departmental review and any review required under Section 21000 et seq. of the Public Resources Code (the California Environmental Quality Act), the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of this Article.
Following such hearing, the zoning administrator shall forward a written recommendation to the city council, which shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of this Article.
The city council shall review the evidence in support of the request and the zoning administrator's recommendation. Pursuant to subsection (g)(3), if the historic resource would no longer be eligible for inclusion in the Historic Register, the city councilshall not remove the historic resource from the Historic Register until after construction has commenced and the resource no longer meets findings (a), (b), (c), or, if applicable, (d) in Section 36.55.10.
e. Findings. The city council may approve a demolition or other substantial adverse change to the integrity of a historic resource pursuant to this section only if it makes the following required findings:
1. The concurrent project advances specifically identified general plan policies and provides identifiable benefits that, after consideration of feasible preservation alternatives, outweigh the loss of the historic resource, considering consistency with the vision established by the general plan and other City policies, impacts on surrounding properties, design quality, and other factors; and
2. The concurrent project that would modify or replace the historic resource complies with the general plan, applicable provisions of Chapter 36 of the City Code, and any applicable precise plan, and is concurrently receiving approval for any necessary discretionary permits; and
3. The proposed project complies with the California Environmental Quality Act (CEQA).
These findings are in addition to any findings required for the concurrent application.
f. Post-approval actions.
1. Prior to any construction activity, the applicant shall provide documentation of the historic resource in the form of a Historic American Building Survey (HABS)-style outline report and HABS-style digital photographs prepared by a qualified professional. These materials shall be provided to the Mountain View Public Library in digital and hard copy formats.
2. No demolition permit or building permit shall be issued to demolish or alter the historic resource, and such demolition or construction activities may not commence, until a building permit(s) to construct the replacement project pursuant to subsection (b) is issued.
3. If the historic resource would no longer be eligible for inclusion in the Historic Register, the historic resource shall remain on the Historic Register until the authorized demolition of the historic resource, after which the director shall bring a modification to the Historic Register to the city council pursuant to Section 36.55.39, to reflect the change in status of the property in question.
SEC. 36.55.50. Duty to maintain.
All property owners of historic resources shall keep in good repair all of the portions of such resources whose maintenance is necessary to prevent the deterioration and decay of the historic resource’s character defining features. It shall be the duty of the chief building official to enforce this Section. For purposes of this Division, the term “chief building official” shall have the same meaning as “building official” as defined in Chapter 8 of the City Code.
SEC. 36.55.55. Hazardous conditions.
None of the provisions of this division shall be construed to prevent any measures of construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, that presents an imminent hazard to surrounding properties or occupants and where such condition has been declared unsafe or dangerous by the chief building official or the fire chief; provided, however, that when the structure is a historic resource, and where the proposed measures have been declared
necessary by the chief building official or the fire chief to correct the condition, only such work as is necessary to correct the unsafe or dangerous condition that presents an imminent hazard to surrounding properties or occupants may be performed pursuant to this section.
If the hazardous condition was the result of the neglect or failure of the current or prior owner(s) to maintain, secure, or stabilize the building in accordance with the applicable requirements, enforcement provisions pursuant to Section 36.55.70 shall apply.
SEC. 36.55.60. Incentives and benefits available to historic resources on the Historic Register.
Property owners of historic resources are eligible for special incentives and benefits to encourage historic preservation, and investment, improvement and maintenance of historic resources, as described in this section and as more specifically detailed by city council policy.
Unless otherwise stated, the following incentives are available to individual historic resources and primary contributors to historic districts. Any proposed alteration resulting from benefits shall adhere to the SOIS and shall not impact public health and safety. a. Historic plaque program. Individual historic resources listed on the Historic Register shall be provided with a plaque suitable for mounting on or near the property, if requested by the owner. Historic districts shall receive one sign for each public street intersection serving the district for installation subject to applicable requirements of the City Code, if requested by a majority of district owners or directed by city council.
b. Zoning benefits. Properties on the Historic Register are eligible for exceptions to zoning provisions of this Chapter or of an applicable precise plan, including the following:
1. Nonconformance. All existing structures, site conditions, and characterdefining featuresthat also existed on the site during the historic resource’s period of significance shall be considered conforming with respect to this Chapter. New additions, changes of use, and other modifications governed by this Chapter shall comply with the provisions of this Chapter;
2. Previous use. Any use that existed on the site during the historic resource’s period of significance, which is not currently a permitted use, shall be an allowable use on the site subject to approval of a conditional use permit; and
3. Minimum parking. Reduction in minimum parking requirements of this Chapter.
c. Other City Code requirements. Properties on the Historic Register are eligible for exceptions and special provisions applicable to other requirements, including the following:
1. Building code. Historic resources shall have use of the currently adopted California Historical Building Code (Title 24, Part 8 of the California Building Standards Code), and any local amendments thereto adopted in Chapter 8 (Buildings) of the City Code, for maintenance, alterations, and changes of use that comply with the SOIS, which offer alternative solutions intended to protect historic buildings from the adverse impacts of certain requirements of the regular building code.
2. Condominium conversions. Historic resources shall be eligible for condominium conversions of six (6) residential units or fewer in a single historic resource pursuant to Subsection (c) (Exclusions) of Section
28.12.10 (Permit) of Article VII (Residential Condominium Conversions) of Chapter 28 (Subdivisions).
3. Parkland dedication requirements. Historic resources shall be eligible for reductions to parkland dedication requirements per Chapter 41 of the City Code. Reductions shall be determined by city council policy or resolution.
4. Other impact fees. Projects on Historic Register properties are eligible for reductionsto impact fees and feesin lieu of other requirements, including, but not limited to, below-market-rate housing program in-lieu fees, housing impact fees, transportation impact fees, and water and sewer capacity fees. Reductions shall be determined by city council policy or resolution.
5. Green building requirements. Historic resources shall be exempt from locally adopted mandatory green building requirements.
d. Permit fee reductions. Projects on Historic Register properties are eligible for reductions to planning, public works and building permit processing fees.
Reductions shall be determined by city council policy or resolution. e. Mills Act Contract. The property owner of al historic resource may be eligible to submit an application and enter into a contract with the City of Mountain View for rehabilitation and maintenance of historic resources pursuant to the Mills Act, Government Code Section 50280, et seq.
f. Tax Rebate. The city council may, by adopted policy, establish a program to provide a rebate of the City of Mountain View portion of the historic resource’s property tax.
g. Historic building rehabilitation loan fund. The city council may establish a historic building rehabilitation loan fund by resolution, which may be amended from time to time.Nothing in this policy shall obligate the City to fund, capitalize, or continue such a program.
h. Cancellation of Benefits. Approval by the city council of a request for removal of a historic resource from the Historic Register, including requests for demolition or substantial adverse change which would result in removal from the Historic Register, shall constitute cancellation of any contract or agreement which confers an incentive. Repayment of the tax rebate in subsection (f),shall be required if any were provided between the approval and the end of the tax period, on a pro rata basis.
SEC. 36.55.65. Application of other laws.
Nothing in this division shall be construed to abrogate the California Environmental Quality Act (CEQA) or any otherstate, federal or local law relative to the preservation of historical resources or the environment.
SEC. 36.55.70. Enforcement.
a. Any person who knowingly violates a requirement of this division or knowingly fails to obey an order or permit issued pursuant thereto shall be guilty of a misdemeanor and subject to the enforcement provisions and procedures of Section 36.58.55, et seq. (Enforcement of Provisions) of this Article. b. Any person who constructs, alters, removes, or demolishes a historic resource in violation of this division shall be required to reconstruct or restore the historic resource to its appearance prior to the violation to the extent such restoration is physically possible, to the extent the City determines, after notice and an opportunity to be heard, that restoration is technically feasible, lawful, and reasonably proportionate to the violation. If full restoration is infeasible, the City may require a remedial plan addressing the remaining resource, documentation of lost features, stabilization, and other measures reasonably related to the violation. This remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalties or other remedies provided by law. c. If the historic resource is demolished or altered in a manner that would result in a substantial adverse change in itsintegrity, the affected parcels shall remain on the Historic Register unless and until the city council approves a development project or modification pursuant to Section 36.55.45, and construction of the project has commenced. Following a determination of a violation, the director shall provide the property owner written notice identifying any required corrective action and
a reasonable period to submit an application for restoration or remedial work, an application pursuant to Section 36.55.45, or another application appropriate to resolve the violation. If the property owner does not submit the required application within the period specified in the notice, the applicable application is denied, or the violation otherwise remains unresolved, the City may convene a code-enforcement hearing pursuant to Section 36.58.55, et seq. Following a final determination that a person knowingly demolished a historic resource, or knowingly caused the irreversible destruction of one or more character-defining features, in violation of this division, the hearing officer may, after making written findings concerning culpability, the extent and irreversibility of the harm, economic benefit obtained, prior violations, cooperation, feasibility of restoration, and proportionality ofthe remedy, and that lesserremedies are inadequate, direct that the City shall not issue a permit authorizing new construction in place of the historic resource, other than restoration or remedial work, for a period of up to 5 years from the date of violation. The duration and scope of the restriction shall be no greater than reasonably necessary to address the violation and shall account for any change in ownership occurring after the violation. The restriction shall terminate earlier upon completion of an approved restoration or remedial plan, or approval of an application pursuant to Section 36.55.45. After the administrative order becomes final, the City shall record notice of the final order against the affected property. Upon expiration or earlier termination of the restriction, the City shall promptly record a notice of release. d. Affected parcels shall be ineligible for benefits under Section 36.55.60 unless the historic resource is restored. Repayment of the City tax rebate benefit in subsection (f) of Section 36.55.60 may be required for up to the previousfive years before the enforcement action is taken, with interest, to the extent authorized by the agreement or policy under which the benefit was granted and after notice and an opportunity to be heard.
e. All remedies contained in this section for the handling of violations or enforcement of the provisions of this division shall be cumulative and not exclusive of any other applicable provisions of city, county or state law.
SEC. 36.55.75. Other provisions.
a. SB 79 temporary exclusion. In accordance with Government Code Section 65912.161(b)(1), all properties designated on the Historic Register on or before January 1, 2025 shall be excluded from applicability of Government Code Section 65912.157, until one year following the adoption of the seventh revision of the housing element of the general plan. Such properties shall be identified on the Zoning Map with an icon designated as “Properties excluded from Government Code Section 65912.157 (SB 79) until one year following the adoption of the seventh revision of the housing element.”
b. Previous Historic Register. The Mountain View Register of Historic Resources in effect on the effective date of the ordinance adopting this subsection shall remain in effect and continue to be the Mountain View Register of Historic Resources pursuant to this Division.
c. State and National eligible resources – single-family dwellings and duplexes.
1. Any single-family dwelling or duplex in an “R” zoning district identified in Exhibit A adopted concurrently with this ordinance which has been identified as eligible for the California Register of Historical Resources or the National Register of Historic Places as of the effective date of the ordinance adopting this subsection shall also be subject to the HP permit requirements of Section 36.55.40 and the procedural requirements of Section 36.55.45, except Subsection (f)(3).
2. No property may be added under this subsection after the effective date of the ordinance. If a property under this subsection is subsequently listed on the Mountain View Register of Historic Resources, the provisions applicable to listed historic resources shall prevail over the provisions of this subsection.
3. This subsection shall cease to apply to an identified property upon the earliest of: (1) city council designation or a final decision not to designate the property under Section 36.55.15; or (2) completion of applicable environmental review specifically evaluating cessation of interim protection for the property; or (3) June 30, 2028. Staff shall present the status of each property identified in Exhibit A to the city council no later than June 30, 2028, together with a recommendation concerning designation, continued interim protection, or completion of environmental review addressing cessation of interim protection. Failure to meet this deadline shall not terminate the requirements of this subsection.
SECTION 3. 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 4. 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 5. 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/EA-08-19-26o
Exhibit: A. Properties Subject to Section 36.55.75(c)
Exhibit A
Single-Family Dwellings and Duplexes in “R” Zoning Districts, Eligible for California Register of Historical Resources or National Register of Historic Places August 2026
This exhibit implements Section 36.55.75(c) (State and National eligible resources – singlefamily dwellings and duplexes) of the Mountain View City Code.
The following properties are single-family dwellings and duplexes identified as eligible for the California Register of Historical Resources or the National Register of Historic Places, which are subject to the HP permit requirements of Section 36.55.40 and the procedural requirements of Section 36.55.45, except Subsection (f)(3).
These properties are not on the Mountain View Register of Historic Resources as of the effective date of the ordinance adopting Section 36.55.75(c). If subsequently listed on the Mountain View Register of Historic Resources, the City Code provisions applicable to listed historic resources shall prevail over the provisions of Section 36.55.75(c). 177 ADA AVENUE (APN 160-46-057)
272 BUSH STREET (APN 158-22-048)
415 BUSH STREET (APN 158-30-020)
537 BUSH STREET (APN 158-25-074)
97 CHURCH STREET (APN 158-04-056)
334 CHURCH STREET (APN 158-25-075)
655 EUNICE AVENUE (APN 197-32-002)
280 LESLIE COURT (APN 160-29-021)
340 PALO ALTO AVENUE (APN 154-08-041)
604 PETTIS AVENUE (APN 154-31-048)
462 SLEEPER AVENUE (APN 197-37-026)
395 VELARDE STREET (APN 158-29-084)
344 VIEW STREET (APN 158-23-021)
1209 VILLA STREET (APN 154-09-043)