Mountain View Municipal Code § 36.44 Authority for land use and zoning decisions

This section identifies the city official or body responsible for reviewing and making decisions on land use and development permits as well as amendments to precise plans, the general plan, the zoning map and this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The following Sections describe the duties and powers of city officials and administrative bodies responsible for acting on the land use permits and entitlements contained in this Chapter.

Amendments to the zoning ordinance text, rezonings or zoning map amendments, adoption or amendment of precise plans and amendments to the general plan are legislative acts reviewed by the environmental planning commission with final determination by the city council. In addition to the authority specifically described below, the zoning administrator may, in accordance with Section 36.44.45, designate other community development staff to review projects and issue zoning permits for projects not requiring public hearings. Each of the city officials and administrative bodies with final decision authority as listed below shall have the power to approve, conditionally approve or disapprove projects, permits and amendments. A summary of the review authority described in this Article is given in Table 36.44-1.

Table 36.44-1

Review Authority

Key: R—Review and recommendation body F—Final decision-making body A—Appeal body

1 Refer to the administration section of precise plans for further information on items reviewed by the environmental planning commission and Sections 36.44.15 and 36.44.25 regarding concurrent reviews by the environmental planning commission.

2 Approvals pursuant to Section 36.44.75.

3 State-mandated housing approvals.

4 Listed for reference only. Refer to subdivision regulations in Chapter 28 of the city code.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 2.21, § 5, 3/9/21; Ord. No. 01.2024, § 28, 1/23/24; Ord. No. 10.2026, § 7, 6/9/26.)

a. Appointment. The zoning administrator shall be appointed by the city manager. The city manager may authorize the community development director to appoint deputy zoning administrator(s).

b. Duties and powers. The zoning administrator shall perform the duties prescribed in this Chapter as designated in precise plans and as assigned by the community development director. The duties shall include, but are not limited to, the power to do all of the following:

1. Make recommendations to the city council on planned community permits when specified by a precise plan;

2. Oversee design review for all zoning permits under the review authority of the zoning administrator as referenced in Section 36.44.20;

3. Approve:

(a) Single-family residential major floor area ratio exceptions;

(b) Temporary use permits;

(c) Variances;

(d) Planned unit development permits;

(e) Conditional use permits;

(f) Special design permits;

(g) Applications for development review;

(h) Permit extensions;

(i) Mobile home park permits;

(j) Planned community permits when allowed by a precise plan;

(k) Interpretation of this Chapter; and

(l) California Environmental Quality Act (CEQA) determinations for these items;

4. Refer any application for permit or entitlement to the city council for final action; and

5. Adopt rules of procedure for detailed application format, meeting process or other detailed procedures consistent with this Article.

c. Meetings. The zoning administrator shall hold regularly scheduled hearings open to the public at dates, times and places determined and posted by the zoning administrator.

d. Concurrent processing. In lieu of a separate administrative zoning public hearing, the zoning administrator shall refer any zoning permit application being processed concurrently with a general plan amendment, amendment to the text of the zoning ordinance, amendment to the zoning map or new or amended precise plan to the environmental planning commission for concurrent review and recommendation to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 22.19, §§ 4, 5, 12/10/19; Ord. No. 01.2024, § 28, 1/23/24; Ord. No. 10.2026, § 7, 6/9/26.)

The zoning administrator shall establish procedures for review of the site, architectural and landscape design of development applications, which includes, but is not limited to:

a. Assigning oversight of the design review of projects to a deputy zoning administrator;

b. Hiring one (1) or more professional architects to serve as consultant(s); and

c. Holding regularly scheduled meetings that are open to the public.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 28, 1/23/24.)

Editor's note— Ord. No. 01.2024, § 28, adopted Jan. 23, 2024, repealed the former § 36.44.20, and enacted a new § 36.44.20 as set out herein. The former § 36.44.20 pertained to development review committee (DRC) and derived from Ord. No. 18.13, § 1, adopted Dec. 10, 2013.

The duties, responsibilities and powers of the subdivision committee shall be as provided by Chapter 28 of the city code (Subdivisions).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 10.2026, § 7, 6/9/26.)

a. Appointment and membership. The commission shall consist of seven (7) members, appointed by the city council, who serve in compliance with the provisions of this chapter and the city charter Section 906.

b. Duties and powers. The commission shall have all powers assigned to it under the city charter Section 906 (a-c) and shall exercise the following functions to safeguard the environmental quality of the community:

1. Establish, maintain and monitor an environmental planning process;

2. Identify community-wide goals, through citizen contact and initiate programs to implement and monitor such goals;

3. Formulate and make recommendations to the council for final determinations on new street plan lines, precise plans, general plan amendments, zoning map amendments, zoning text amendments, environmental clearance documents and other applicable policy or ordinance matters related to the city's planning process;

4. Monitor the city's zoning standards and map to ensure consistency with the community's land use objectives;

5. Communicate with the council, public agencies and citizens regarding the environment and plan implementation and subregional and regional planning; and

6. Review and make recommendations on CEQA determinations for these items.

c. Meetings. The commission shall hold regularly scheduled meetings open to the public at dates, times and places determined and posted by the commission.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 10.2026, § 7, 6/9/26.)

a. Powers. The city council shall have final authority for:

1. Appeals on nonministerial determinations by the community development director, subdivision committee and zoning administrator;

2. Tentative and final subdivision maps;

3. Planned community permits when specified within the applicable precise plan;

4. Any permit or entitlement application referred to the council by the zoning administrator;

5. Street plan lines;

6. Precise plans;

7. General plan amendments;

8. Zoning map amendments;

9. Zoning chapter text amendments; and

10. CEQA determinations for these items.

If, on Items 5 through 10, the city council is contemplating approving an action significantly different than the recommendation from the environmental planning commission, the council may, by majority vote, return the item back to the commission for reconsideration and recommendation. The council may specify a time period by which the commission is to return their recommendation back to the council.

Notwithstanding the foregoing, housing development projects consistent with Section 36.44.75 may be approved administratively and shall not be subject to city council review or final approval, except as otherwise provided in the city code or required by state law.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 22.19, § 6, 12/10/19; Ord. No. 01.2024, § 29, 1/23/24; Ord. No. 10.2026, § 7, 6/9/26.)

A prospective applicant is encouraged to request a preapplication meeting with the community development department prior to formal submittal of a permit application. The purpose of this meeting is to inform the applicant of requirements that apply to the proposed development project, review the procedures outlined in this Chapter, examine possible alternatives or modifications and identify any technical studies relating to future environmental or project permit review.

In addition to or prior to the preapplication meeting, a prospective applicant with authorization of the property owner(s) may voluntarily submit an informal application together with the filing fee as established by resolution of the city council, conceptual plans and materials to the community development department. The purpose of the informal application review is to identify applicable development standards, guidelines, and city regulations for the proposed project, receive preliminary feedback on compliance and understand the permits required for the prospective project.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 29, 1/23/24; Ord. No. 10.2026, § 7, 6/9/26.)