Division 15 — DESIGNATION AND PRESERVATION OF HISTORIC RESOURCES

SEC. 36.54.45 - Designation and preservation of historic resources. SEC. 36.54.50. - Council findings.

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

(Ord. No. 18.13, § 1, 12/10/13.)

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

a.

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

b.

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

c.

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

d.

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

e.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.54.60. - Preservation of resources.

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

(Ord. No. 18.13, § 1, 12/10/13.)

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

a.

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

b.

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

c.

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

d.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.54.70. - Designation process for Historic Register.

a.

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

b.

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

c.

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

d.

Public hearings.

1.

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

2.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.54.75. - Removal from Register.

a.

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

b.

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

c.

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

d.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.54.80. - Incentives and benefits.

a.

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

1.

Variances pursuant to Section 36.46.35;

2.

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

3.

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

4.

Exemptions from nonconforming uses and structures pursuant to Section 36.06.70;

5.

Exceptions from requirements of the downtown precise plan;

6.

Use of the State Historic Building Code;

7.

Mills Act contracts;

8.

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

9.

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

10.

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

11.

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

b.

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

1.

Historic building rehabilitation loan fund; and

2.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.54.85. - Requirement of permit—Development review process.

a.

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

b.

Exceptions.

1.

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

2.

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

3.

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

and all interior portions whose maintenance is necessary to prevent deterioration and decay of the exterior feature.

4.

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

c.

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

d.

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

1.

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

2.

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

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

SEC. 36.54.90. - National and California Register properties.

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

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

SEC. 36.54.95. - Application of other laws.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.54.97. - Appeals.

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

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 16. - APPLICATIONS, HEARINGS AND APPEALS

SEC. 36.56. - Applications, hearings and appeals. SEC. 36.56.05. - Purpose.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.56.10. - Filing.

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

a.

A complete legal description of the subject property.

b.

For development proposals:

1.

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

2.

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

3.

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

4.

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

c.

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

d.

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

1.

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

2.

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

3.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.56.15. - Fees.

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

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.56.20. - Notice of hearing.

a.

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

b.

Noticing shall be provided as follows:

1.

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

(a)

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

(b)

The project applicant(s);

(c)

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

(d)

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

(e)

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

2.

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

3.

Posting a project identification sign on the project site.

c.

Notice for citywide matters or large segments of city. For matters governed by this Chapter affecting the entire city or a large number of properties such that more than one thousand (1,000) owners are within three

hundred (300) feet of the subject site(s) or affected area(s), the city may publish a notice of hearing at least ten (10) days prior to the public hearing in a newspaper of general circulation within the City of Mountain View in lieu of mailed or delivered notices. If a notice is mailed or delivered in addition to the aforementioned newspaper publication, the city shall also post the notice in at least three (3) public places at least ten (10) days prior to the hearing, including one (1) public place in the area directly affected by the proceeding.

d.

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

1.

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

2.

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

e.

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

f.

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

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

SEC. 36.56.25. - Hearing procedure.

a.

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

b.

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

c.

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

d.

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

(Ord. No. 18.13, § 1, 12/10/13.)

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

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

SEC. 36.56.35. - Recommendation by commission.

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

a.

Precise plans;

b.

General plan amendments;

c.

Zoning text/map amendments; and

d.

Establishment of new street plan lines.

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

SEC. 36.56.40. - Notice of decision—Council.

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

(Ord. No. 18.13, § 1, 12/10/13.)

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

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

SEC. 36.56.50. - Appeals.

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

a.

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

b.

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

c.

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

d.

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

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