Mountain View Municipal Code § 36.44.45 Development review process

The purpose and intent of the development review regulations in this Division is to establish procedures for the discretionary review of development throughout the city in order to ensure that new development and changes to existing developments: (1) comply with city development requirements and policies; (2) maintain or enhance the appearance of the community; (3) maintain property values through quality development; (4) ensure compatibility of private development with surrounding properties and neighborhoods, public rights-of-way and other facilities; and (5) in reviewing new residential development, strong emphasis is given to the compatibility of the new development with the surrounding development, including its intensity, density, scale, bulk, height, setbacks, open space, building orientation and architectural style and design. The surrounding development refers to building types, as opposed to styles, and a larger area than immediately adjacent development.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 30, 1/23/24.)

All new construction, modifications to building exteriors or development sites, and changes in land use shall require a development review permit, except as otherwise listed in this Division, including, but not limited to, the following:

a. All new buildings or additions to existing buildings;

b. Any modification that affects the exterior appearance of an existing building, including, but not limited to, covering or blocking window openings in any manner;

c. Any modification to parking lot striping or other on-site circulation changes; and

d. Any change to fencing, landscaping or hardscape.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 19, 3/10/26.)

Zoning permits are not required for the following developments and improvements:

a. Any exterior or site modification that the zoning administrator determines is minor, including, but not limited to, minor changes to building color, minor changes to a landscaping plan, restriping parking lots to match previously approved plans, minor adjustments to doors and windows, new or replaced roof equipment and a new or modified roofscreen(s) or parapet(s) consistent with height limitations of this Chapter;

b. Construction of or additions and improvements to conforming single-family or two (2) family structures that comply with the provisions of this Chapter;

c. Interior improvements;

d. Construction of fences and entry features over front yard gates that comply with height, width and depth requirements in Section 36.06.50;

e. Establishment of new tenants with the same or similar use with no exterior changes;

f. A change from one permitted use to a different permitted use; and

g. A small-footprint land use in compliance with the provisions of Section 36.18.27 (Standards for specific small-footprint land uses in commercial zones).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 31, 1/23/24; Ord. No. 3.2026, § 19, 3/10/26.)

Preliminary development review through a preapplication meeting or submittal of an informal application (see Section 36.44.40) is encouraged prior to the formal submittal of an application. This informal review provides guidance to project proponents prior to preparation of detailed building designs and site plans for formal application submittal.

Formal development review is initiated when the department receives a complete application for development review. Development review can be a separate permit application or part of a larger permit application as described in this Section. The zoning administrator shall have the overall authority to conduct development review, subject to appeal to the city council, but may refer applications to other community development department staff for review and issuance of permits. The development review process is administered at three (3) levels of evaluation: administrative, zoning administrator public hearings and council public hearings.

The zoning administrator or community development director may require that any application be reviewed through the more formal development review process, including design review.

a. Administrative procedures. Applications with complete materials for simple requests, in full compliance with this Chapter or applicable precise plans, requiring no site visits or review by other departments may be approved administratively without public notice or hearing. Typical projects that may qualify include the following:

1. New signs and change of copy on existing signs, which conform to a previously approved sign program;

2. New or amended sign programs;

3. Temporary use permit for the sale of seasonal items, including Christmas trees and pumpkins, seasonal or temporary recreation uses, such as day camps, construction yards in conjunction with an approved construction project, mobile home(s) as part of a temporary work site for employees, homeless shelter for up to twenty-nine (29) people and not exceeding thirty-five (35) days, food kitchens and relief services and similar type uses;

4. Minor facade modifications, including: adding or removing door(s), automated teller machines (ATMs) at an existing bank, handicapped-accessible ramps, additions to single-family structures with nonconforming setbacks and minor architectural enhancements to multi-family structures which conform to approved plans;

5. Minor site plan modifications, including adding or changing: trash enclosures, bicycle lockers, utilities with minimal aboveground structures, satellite dish antennas, fences, landscaping and landscaping structures, such as arbors or gazebos and parking lots striping;

6. Fences which exceed six (6) feet in height but do not exceed seven (7) feet in a residential zoning district and where the applicant can provide letters of agreement from all adjacent property owners;

7. Facade modifications to multi-family, commercial and industrial structures where less than one thousand (1,000) square feet of additional floor area is proposed;

8. Modification or minor additions to existing site plans and/or structures located in the planned community zoning district as provided by Section 36.50.30 b. or where the precise plan allows for minor modifications;

9. Development review associated with consideration of any new use, new construction or modifications within the neighborhood design (ND) and special design (SD) overlay zoning districts;

10. Development on sites with existing nonconforming structures (see Section 36.06.60);

11. Modifications to residential structures for reasonable accommodations (see Section 36.08.40);

12. Multi-family accessory structure(s);

13. New or modified outdoor dining located on private property. This includes outdoor dining located within the downtown precise plan;

14. New or modified merchandise displays located on private property within the downtown precise plan; and

15. Parking reductions associated with an increase in bedrooms within an existing multiple-family residential dwelling unit per Section 36.32.70.

In addition to the above projects, housing development projects consistent with Section 36.44.75 may also be approved administratively.

b. Zoning administrator procedures. In addition to the authority to take final action on variances, conditional use permits and other special property development permits, the zoning administrator is responsible for making development review recommendations to the city council on planned community permits when specified by a precise plan, overseeing design review as part of the development review process and making final decisions on applications for the following:

1. New construction and/or major remodeling or site plan modifications when in full compliance with the provisions of this Chapter;

2. Single-family structures and additions where a floor area ratio exception is requested;

3. Minor adjustment to design/site consideration of an approved permit from a public hearing which does not result in a reduction from any standard outlined in this Chapter or change any special conditions adopted by the city council, including, but not limited to:

(a) On-site circulation and parking, loading and landscaping;

(b) Placement and/or height of walls, fences and structures; and

(c) Minor changes to architectural features and/or modification of finished materials and colors that do not alter or compromise the previously approved theme.

4. Development review associated with applications for variances, conditional use permits, temporary use permits and planned unit developments, including general plan mixed-use village center developments;

5. Changes of use in commercial, office and industrial zoning districts which are in compliance with this Chapter but may impact adjacent properties, including, but not limited to, proposals for outdoor storage adjacent to a residential zoning district; outdoor seating at an existing restaurant; or changes in parking lot lighting which may generate off-site glare;

6. Fences which exceed six (6) feet in height but do not exceed seven (7) feet in a residential zoning district where the applicant cannot provide the community development department with letters of agreement from all adjacent property owners;

7. Antenna or communication facilities in all zoning districts, including public right-of-way;

8. Public projects involving permanent new buildings; and

9. The moving or relocation of a building per Division 7 of Article III of this Chapter.

c. City council. The city council shall make a final development review determination on a planned community permit when the precise plan requires council approval and a planned unit development when it is accompanied by a tentative map. The city council is the final appeal body of zoning administrator determinations.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 20.19, § 11, 12/10/19; Ord. No. 22.19, § 7, 12/10/19; Ord. No. 1.2023, § 5, 2/14/23; Ord. No. 7.2023, § 4, 5/23/23; Ord. No. 01.2024, § 31, 1/23/24; Ord. No. 3.2026, § 19, 3/10/26; Ord. No. 10.2026, § 8, 6/9/26.)

Approval of a project shall require written findings supporting the conformance of the project with adopted city standards and design guidelines. The findings shall be based upon the following:

a. The project design is consistent with the general design considerations as described by the purpose and intent of this Chapter, the general plan and any city-adopted design guidelines;

b. The architectural design of structures, including colors, materials and design elements (i.e., awnings, exterior lighting, screening of equipment, signs, etc.) are compatible with surrounding development;

c. The location and configuration of structures, parking, landscaping and access are appropriately integrated and compatible with surrounding development, including public streets and sidewalks and other public property;

d. The general landscape design ensures visual relief, complements structures, provides an attractive environment and is consistent with any adopted landscape program for the general area;

e. The design and layout of the proposed project will result in well-designed vehicular and pedestrian access, circulation and parking; and

f. The approval of the development review permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 10.2026, § 8, 6/9/26.)

Notwithstanding any other procedure prescribed in this Chapter or in any precise plan, housing developments meeting the requirements of this Section may be reviewed and approved administratively by the community development director, in consultation with other departments, as necessary, without a hearing, unless a hearing is specifically requested pursuant to the noticing procedures of this Section.

a. Applicability. This Section shall apply to development projects that qualify for and utilize the statutory exemption provided in Section 21080.66 of the Public Resources Code.

b. Findings. Administrative approval of housing development projects pursuant to this Section shall require written findings supporting the conformance of the project with applicable objective standards and statutory requirements. In addition to any other findings required by this city code, the findings shall be based upon the following:

1. The project meets all applicable criteria for a statutory exemption from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.66, and all procedural requirements therein have been completed.

2. The project is consistent with all applicable general plan, zoning code, precise plan, and/or city code development standards or other requirements.

3. The proposed project is in substantial compliance with the intent of any exception or alternative requirement allowed by the city code or precise plan.

4. If applicable, the project shall also make findings for density bonus in Section 36.48.95.

c. Noticing and hearing procedures. The community development director or designee shall provide a notice to those persons and entities listed in Section 36.56.20 of the city code at the time of making a determination that the application is complete.

1. The notice shall provide a period of not less than fourteen (14) days from the date of the notice to provide written public comment on the project and to request a hearing thereon.

2. Failure of any individual or entity to receive a notice shall not constitute grounds to invalidate the city actions in the absence of evidence showing the notice was mailed to the wrong address.

3. A hearing shall occur only when timely requested in writing by the applicant or other person(s). The director must receive any hearing request within fourteen (14) days of the date of the notice.

4. Upon receipt of a timely submitted request for a hearing, the community development director or designee shall provide a notice specifying the time and location of the hearing to those persons and entities listed in Section 36.56.20 of the city code not less than fourteen (14) days prior to the hearing.

5. The community development director shall consider all written public comments received, and any written or verbal comments provided at a hearing, if requested, prior to taking final action on a project.

d. Approval timelines. The review and approval of housing developments subject to administrative approval pursuant to this section shall be subject to the time limits in Public Resources Code Section 21080.66, as may be amended from time to time, or any successor statute. Nothing in this Chapter or any other provision of the city code shall be construed to establish additional or separate review or approval deadlines for such projects.

e. Appeals. Decisions made under this Section may be appealed to the city council in accordance with Section 36.56 (Applications, hearings and appeals) of Chapter 36 of the city code. The city clerk shall be the clerk of the appeal board for purposes of filing an appeal.

f. Other associated permits and entitlements. Notwithstanding any provision of the city code to the contrary, any associated subdivision map or heritage tree removal permit shall also be approved administratively by the community development director in accordance with this Section. No other permits in this Chapter shall be required.

(Ord. No. 10.2026, § 8, 6/9/26)