§ 36.13 — Mountain View Zoning Code

SEC. 36.13.10. - Dual urban opportunity housing. ¶

This division aims to promote residential development by allowing dual urban opportunity housing sites. Dual urban opportunity housing sites include any R1-zoned lot which contains two (2) primary dwelling units and/or was created through an urban lot in compliance with the provisions of this division. It is the purpose of this Division to implement Section 65852.21 of the Government Code pertaining to the development of two (2) primary residential units on single-family zoned lots and to implement Section 66411.7 of the Government Code pertaining to urban lot splits."

(Ord. No. 4.22, § 12, 4/12/22.)

SEC. 36.13.15. - Rental term. ¶

No dwelling unit located on a dual urban opportunity housing site may be rented for a period of less than thirty-one (31) days.

(Ord. No. 4.22, § 13, 4/12/22.)

SEC. 36.13.20. - Dual urban opportunity developments. ¶

Where allowed by Section 36.10.05 (Land Uses and Permit Requirements by Residential Zone), this section establishes standards for dual urban opportunity developments.

(Ord. No. 4.22, § 14, 4/12/22.)

SEC. 36.13.25. - Eligibility. ¶

A dual urban opportunity development must comply with the following eligibility requirements:

a.

Historic. Not permitted on any lot containing a historic resource, as defined in Section 36.54.55, or located within a historic district.

b.

Withdrawal from rental market. Not permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the dual urban opportunity development is submitted to the city.

c.

Demolition or alteration of protected units. Shall not result in the demolition or structural modification of any portion of an existing residential unit that:

1.

Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;

2.

Is protected under the City of Mountain View Community Stabilization and Fair Rent Act; or

3.

Has been occupied by a tenant within the three (3) years prior to the submittal of an application for a dual urban opportunity development.

(Ord. No. 4.22, § 15, 4/12/22.)

SEC. 36.13.30. - Sale of units. ¶

Each primary dwelling unit of a dual urban opportunity development may be rented independently but shall not be sold or conveyed separately from the other unit.

(Ord. No. 4.22, § 16, 4/12/22.)

SEC. 36.13.35. - Maximum number of units. ¶

a.

No more than two (2) primary dwelling units are permitted on a single existing lot or newly created lot through an urban lot split.

b.

For existing lots not established through an urban lot split, in addition to a primary dwelling unit(s), an accessory dwelling unit(s) and/or a junior accessory dwelling unit(s) may also be allowed for a maximum of four (4) total units (inclusive of primary units, accessory dwelling units and junior accessory dwelling units).

For lots established through an urban lot split, in addition to a primary dwelling unit, a second primary unit or an accessory dwelling unit or junior accessory dwelling unit may also be allowed for a maximum of two (2) units per resulting lot (inclusive of primary units, accessory dwelling units and junior accessory dwelling units)."

(Ord. No. 4.22, § 17, 4/12/22.)

SEC. 36.13.40. - Development standards. ¶

Except as provided in Section 36.13.45, dual urban opportunity developments must comply with the following requirements:

DUAL URBAN OPPORTUNITY DEVELOPMENT STANDARDS

Floor Area Ratio	The maximum base FAR allowed shall be based on lot area and calculated using the following formula: FAR = 0.50 - (0.00001 × Lot Area). FAR shall be measured as provided in the Zoning Calculations: Methods, Defnitions, and Clarifcations.	The maximum base FAR allowed shall be based on lot area and calculated using the following formula: FAR = 0.50 - (0.00001 × Lot Area). FAR shall be measured as provided in the Zoning Calculations: Methods, Defnitions, and Clarifcations.
	0.45 for lots of 5,000 sq. ft. or less; Use formula above for lots between 5,001 and 9,999 sq. ft. Examples: 6,000 sq. ft. lot = 0.50 - (0.00001 × 6,000) = 0.44 FAR 7,500 sq. ft. lot = 0.50 - (0.00001 × 7,500) = 0.425 FAR 0.40 for lots of 10,000 sq. ft. or greater.
Separation of units	Primary dwelling units may be attached or detached. Units shall be constructed and/or modifed to allow for separate conveyance of each unit consistent with applicable building and fre code requirements.
Setbacks	Front	Twenty (20) feet minimum.
	Side	Four (4) feet minimum.
	Rear	Four (4) feet minimum.
Height Limits	Maximum building height for 1-story structure: 24 ft. Maximum building height for 2-story structure: 28 ft.
	Maximum 1st foor wall height at top of wall plate: 15 ft. Maximum 2nd foor wall height at top of wall plate: 22 ft.
Landscaping Required	25% of the required front setback area shall be permanently landscaped. Street trees shall be planted in front of all structures with second-story additions or construction of a new dwelling unit.

Second Story Decks	Second-story decks and balconies are prohibited on any newly constructed unit. Roof decks, or any similar feature, are not permitted on the roof of a 2-story structure.	Second-story decks and balconies are prohibited on any newly constructed unit. Roof decks, or any similar feature, are not permitted on the roof of a 2-story structure.
Parking and driveways	Required spaces	1 covered space per primary unit, except as provided in Section 36.13.45.
	Covered parking	A garage or carport shall be provided and permanently maintained for parking. The garage or carport must maintain a minimum unobstructed interior dimension of 9 ft. by 20 ft. for 1 car and be increased 9 ft. in width for each additional parking space. The minimum unobstructed ceiling height is 7 ft. 6 in.
	Driveway	Minimum dimensions. Minimum width of 9 ft., with direct access to at least a 1-car garage or carport. Minimum length of 20 ft. measured from the property line to the front of the covered parking space.
		Back-up area. Where access to a garage, carport or open parking space is perpendicular (90 degrees) to the driveway, a minimum 24 ft. deep unobstructed back-out area shall be provided.
		Street frontage. Lots with no garage or a 1-car garage are allowed a maximum cumulative 20 ft. wide area, including driveway, visible from the street for vehicle parking. Lots with a 2- or 3-car garage are allowed a maximum cumulative 30 ft. wide area, including driveway, visible from the street for vehicle parking.

	Garage frontage on street	The street-facing facade of a garage structure shall not exceed 25 ft. in width when facing any lot frontage that is less than 75 ft. wide. On parcels with more than 75 ft. of frontage, the garage facade may be up to 35 ft. wide. See Section 36.12.35 for limits on widths of accessory structures, including detached garages.

(Ord. No. 4.22, § 18, 4/12/22.)

SEC. 36.13.45. - Exceptions. ¶

a.

Parking exceptions. No parking shall be required for either unit of a dual urban opportunity development if any of the following conditions are met:

1.

The lot is located within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code;

2.

The lot is located within one-half (1/2) mile walking distance of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

3.

There is a car-share vehicle parking space located within one (1) block of the lot.

b.

Development standard exceptions.

1.

A dual urban opportunity development consisting of two (2) attached or detached primary dwelling units, each no more than eight hundred (800) square feet in size with side and rear setbacks of four (4) feet, shall be permitted regardless of any development standard that would prevent construction of the units.

2.

A dual urban opportunity development consisting of one (1) attached or detached primary dwelling unit that is no more than eight hundred (800) square feet in size with side and rear setbacks of four (4) feet that is added to an existing primary dwelling unit shall be permitted regardless of any development standard that would prevent construction of the second primary dwelling unit, including, but not limited to, limits on lot size, lot width, lot coverage, floor area ratio and open space.

3.

The setback requirements described in Section 36.13.40 shall not apply to any legal dwelling unit on a site that existed prior to the construction of the dual urban opportunity development or any legal dwelling unit that was constructed within the footprint of a legal dwelling unit that existed on the site prior to the construction of the dual urban opportunity development.

4.

Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for a dual urban opportunity development.

(Ord. No. 4.22, § 19, 4/12/22.)

SEC. 36.13.50. - Findings for denial. ¶

The city may deny an application for a dual urban opportunity development if the chief building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (1) inconsistency with the zoning ordinance or general plan land use designation; or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

(Ord. No. 4.22, § 20, 4/12/22.)

SEC. 36.13.55. - Urban lot split. ¶

Sec. 36.13.55 through Section 36.13.80 establish eligibility requirements and standards for urban lot splits. Refer to Mountain View City Code Chapter 28, Article III, for information pertaining to submittal requirements and review procedures of urban lot splits.

(Ord. No. 4.22, § 21, 4/12/22.)

SEC. 36.13.60. - Map Act compliance. ¶

The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410, et. seq.) ("SMA"), including implementing requirements in this Code, except as otherwise expressly provided in Section 36.13.10 through Section 36.13.75.

(Ord. No. 4.22, § 22, 4/12/22.)

SEC. 36.13.65. - Eligibility. ¶

A lot is eligible to be subdivided through an urban lot split if it meets all of the following eligibility requirements:

a.

Zoning district. The lot to be subdivided must be located within the R1 zoning district.

b.

Historic. The lot to be subdivided shall not contain a historic resource, as defined in Section 36.54.55, or located within a historic district.

c.

Withdrawal from rental market. The lot to be subdivided contains a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the urban lot split is submitted to the city.

d.

Demolition or alteration of protected units. The urban lot split shall not result in the demolition or structural modification of any portion of an existing dwelling unit that:

1.

Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;

2.

Is protected under the City of Mountain View Community Stabilization and Fair Rent Act; or

3.

Has been occupied by a tenant within the three (3) years prior to the submittal of an application for an urban lot split.

d.

Lot location. The lot to be subdivided shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:

1.

Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.

A wetland.

3.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

4.

A hazardous waste site that has not been cleared for residential use.

5.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6.

Within a one hundred (100) year flood hazard area, unless the site has either been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

8.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.

9.

Habitat for protected species.

10.

Land under conservation easement.

e.

No prior lot split. The lot to be subdivided shall not be a lot that was established through a prior urban lot split.

f.

Subdivision of adjacent parcels. The lot to be subdivided shall not abut any lot that was previously subdivided through an urban lot split by the owner of the lot proposed to be subdivided or any party acting in concert with the owner. For the purpose of this section, any party acting in concert with the owner shall include any individual with a familial relation to the property owner (including, but not limited to, parents,

children, siblings and spouses) or any business entity in which the property owner has more than ten (10) percent ownership."

(Ord. No. 4.22, § 23, 4/12/22.)

SEC. 36.13.70. - Urban lot split standards. ¶

Any lot created by an urban lot split shall comply with the following standards:

URBAN LOT SPLIT STANDARDS

Minimum lot size	The lot to be split shall contain a minimum of 2,400 square feet. The resulting lots shall each contain a minimum of 1,200 square feet. Each of the resulting lots shall be between sixty (60) percent and forty (40) percent of the original lot area.
Minimum average lot width	Thirty (30) feet.
Minimum frontage	Each lot shall adjoin the public street with a minimum frontage width of twelve (12) feet."

(Ord. No. 4.22, § 24, 4/12/22.)

SEC. 36.13.75. - Owner occupancy. ¶

Upon submittal of an application for an urban lot split, the property owner shall sign an affidavit stating they intend to occupy one (1) of the units as their primary residence for at least three (3) years, unless the owner is a community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 4.22, § 25, 4/12/22.)

SEC. 36.13.80. - Retained structure setbacks on lots created by urban lot splits. ¶

If one (1) or more dwellings are retained on a site that is subdivided by an urban lot split, no setback shall be required for the retained dwelling(s) if compliance with the required setbacks would prevent the urban lot split, subject to compliance with all applicable building and fire codes.

(Ord. No. 4.22, § 26, 4/12/22.)

DIVISION 12. - SETBACK AND FLOOR AREA RATIO EXCEPTIONS