Division 13 — ZONING AMENDMENTS

SEC. 36.52.40. - Zoning amendments. SEC. 36.52.45. - Purpose.

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

(Ord. No. 18.13, § 1, 12/10/13.)

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

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

SEC. 36.52.55. - Special application requirements.

a.

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

b.

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

c.

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

d.

Notwithstanding the above, an application to amend the zoning map to apply the height limitation (-H) overlay zone or the neighborhood design (-ND) overlay zone may be filed by the owners of at least fifty (50) percent of the parcels that would be subject to the overlay zone. In addition, fifty-one (51) percent of the parcels in the -H overlay zone must comply with the height proposed for adoption by the city council, and at least fifty-one (51) percent of the parcels in the -ND overlay zone must have at least one (1) of any of the characteristics proposed to be regulated. If more than one (1) characteristic is proposed to be regulated, at

least thirty-five (35) percent of the parcels must have at least two (2) of any of the characteristics proposed to be regulated. Prior to final city council action on the rezoning application, sixty-seven (67) percent of the property owners in the areas subject to the overlay zone, who respond to a mailed ballot, must indicate support for the zone change. However, the city council reserves the right to approve the rezoning without the sixty-seven (67) percent support.

e.

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

f.

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

g.

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

1.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

2.

Plans. A set of plans which include:

(a)

Site plan;

(b)

Elevations; and

(c)

Conceptual renderings.

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

SEC. 36.52.60. - Authorization hearing and action.

a.

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

b.

Once a project is authorized to apply by city council pursuant to this Section, the following actions shall require the project to return before the city council for reauthorization consistent with the application

submittal requirements and hearing procedures of this Chapter and City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

1.

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

2.

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

3.

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

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

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

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

SEC. 36.52.65. - Hearings and action.

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

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

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

recommendation within this time period shall be considered a recommendation for disapproval, which shall be forwarded to the council.

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

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

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

SEC. 36.52.70. - Findings.

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

a.

Findings required for all amendments:

1.

The proposed amendment is consistent with the general plan;

2.

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

3.

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

b.

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

c.

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

(Ord. No. 18.13, § 1, 12/10/13.)