§ 36.56

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.)

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.)

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.)

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.)

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.)

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.)

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.)