Mountain View Municipal Code Div. 2 Land Uses

The uses of land allowed by this Chapter in each commercial zoning district are identified in the following tables as being:

a. Permitted subject to compliance with all applicable provisions of this Chapter, including development review and parking requirements, and subject to obtaining any building permit or other permit required by the city code ("P" uses on the tables). Per Section 36.44.45, development review approval is required for exterior building or site modifications.

b. Allowed subject to approval of a conditional use permit ("CUP") (Sec. 36.48).

c. Allowed subject to approval of a temporary use permit ("TUP") (Sec. 36.46).

d. Land uses listed, as specifically defined in this Chapter, and on the tables in a particular zoning district(s) shall only be allowed in the specific zoning district(s) in which it is listed. Such uses can only be allowed in other zoning district(s) upon approval of a text amendment as provided by Section 36.52.35 (Zoning amendments). These uses cannot be named as similar uses as determined by the zoning administrator through the conditional use permit process or Section 36.58.30 (Procedures for interpretation).

e. Land uses that are not listed on the tables are not allowed, except where otherwise provided by Section 36.06.40 (Determination of allowable land uses) or Section 36.06.50 (Exemptions from zoning permit requirements).

LAND USES AND PERMIT REQUIREMENTS BY COMMERCIAL DISTRICT

NOTE: Where the last column on the following tables ("See Section") includes a section number, there are specific regulations and/or a specific definition in the referenced section that apply to the use; however, provisions in other sections may apply as well.

1 Supportive housing that meets the requirements of Government Code Section 65650 shall be a use by right in zones where multi-family and mixed uses are permitted, in accordance with state law. Supportive housing that does not meet the requirements of Government Code Section 65650 shall apply the permit requirements in the table.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 9.18, § 3, 10/23/18; Ord. No. 10.19, § 2, 6/25/19; Ord. No. 16.19, § 9, 10/22/19; Ord. No. 7.20, § 3, 6/23/20; Ord. No. 11.20, § 17, 11/10/20; Ord. No. 1.2023, § 3, 2/14/23; Ord. No. 01.2024, § 10, 1/23/24; Ord. No. 2.2026, § 3, 1/27/26; Ord. No. 3.2026, § 3, 3/10/26; Ord. No. 10.2026, § 3, 6/9/26.)

_____

a. Limitation on use. No goods may be produced on a premise in the CN zoning district except those to be sold at retail on the same premises.

b. Offices. May be allowed by conditional use permit only where the zoning administrator determines that the proposed use is neighborhood-serving consistent with the purpose statement in Section 36.18. and sufficient parking is provided.

(Ord. No. 18.13, § 1, 12/10/13.)

a. Offices and offices, research and development uses. Offices and offices, research and development uses as defined in Section 36.60.33 may be permitted in the CS zoning district, subject to the following criteria:

1. Offices and offices, research and development uses may be permitted in multi-tenant buildings up to a maximum of forty-five (45) percent of the allowable floor area on each parcel. Ancillary office area, as determined by the zoning administrator, in tenant spaces occupied by nonoffice uses shall not be counted toward this percentage;

2. Existing buildings with offices and offices, research and development uses that exceed the criterion in subsection 1 must be brought into compliance by December 31, 2009 unless a conditional use permit has been granted to allow an extension to the nonconforming use. The zoning administrator may approve an extension up to January 1, 2040, subject to a determination that significant investment in buildings and improvements to serve the nonconforming office and research and development uses have been made with city approval and that significant remaining lifespan remains for these improvements.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 4, 3/10/26.)

Limited offices, research and development uses are allowed in the CRA district upon approval of a conditional use permit. The intent is to allow small-scale businesses that are office-like (such as software and internet companies) and are compatible with the commercial, office and residential uses commonly found in the area; that do not involve manufacturing or the use of hazardous materials (except those normally associated with office buildings, such as cleaning materials); and are located in buildings developed (or redeveloped) for office uses and not in individual tenant spaces in multi-center retail centers.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 4, 3/10/26.)

a. Applicability. Specific small-footprint land uses are exempt from a zoning permit if: (1) the use is a retail, restaurant, personal service, or indoor recreation and fitness center land use in an existing building permitted in an underlying commercial zoning district per Section 36.18.05; and (2) complies with all provisions of this Section.

b. Standards. Specific land uses covered by this Section shall comply with all of the following standards to qualify for the exemptions in subsection c:

1. Size of tenant space: Occupies a total cumulative commercial tenant space of four thousand (4,000) gross square feet or less.

2. Compliance with all codes and laws: Complies with all provisions of the city code, including Section 36.18.30 (General development standards for commercial zones) and obtains all necessary permits in accordance with city, state and federal regulations. This subsection shall not be interpreted to allow any violation of state or federal law or city code.

3. Required parking: Complies with required accessible parking in the California Building Code and electric vehicle charging parking in the California Green Building Code, as adopted in Chapter 8 of the city code.

4. Loading and deliveries: The operator must comply with the following:

(a) All loading and unloading activities must occur in a designated on-site location or an on-street loading or parking space suitable for these activities;

(b) Loading and delivery vehicles shall not obstruct public sidewalks, bicycle lanes, on-street vehicle travel lanes, or emergency vehicle/fire lanes; and

(c) No goods, materials, or equipment shall be staged or stored on public sidewalks or in required parking areas.

5. Solid waste, recycling and discharge: The operator shall provide:

(a) Adequate, clearly labeled collection containers in a designated location(s) for solid waste and recycling for use by all employees, tenants, and customers consistent with the city's solid waste collection design guidelines (as separately published by the city); and

(b) For restaurants, all discharge must comply with Chapter 35 of the city code, including Section 35.33.11(1.i).

6. Outdoor activities: No outdoor storage or activities are permitted without separate approval per Article XVI of this Chapter, except outdoor dining is permitted with an issued building permit for a restaurant use in compliance with Section 36.44.65 (Development review procedures) and Chapters 8 and 14 of the city code.

7. Noise: All stationary equipment, including any amplified sound within the building interior, must comply with noise standards established in Section 21.26 (Stationary equipment noise) of the city code. No exterior amplified sound is permitted.

8. Change of ownership: Any business shall continue to conform to this Section upon a change of ownership/operator of the site, business, service, use(s) and/or structure provided there are no changes or that any modification(s) are consistent with the provisions in this Section.

c. Exemptions. If the small footprint land use complies with all the provisions of subsections a and b, then the following exemptions apply:

1. No new or additional parking spaces beyond those required by subsection b.3 above are required to be provided on the subject site of the business or any associated parking facility available for the business to use, in accordance with Section 36.32.50(b.3); and

2. No conditional use permit (zoning permit) is required. Other city or governmental agency permits, licenses, or approvals may be required prior to business operation.

d. Enforcement. Any violation of the provisions of this Section shall constitute a public nuisance, and any small-footprint land use that is maintained contrary to the provisions of this Section is hereby declared to be unlawful and a public nuisance and shall be subject to the enforcement provisions in Article XVI, Division 20 of this Chapter (Enforcement of provisions).

(Ord. No. 3.2026, § 4, 3/10/26.)