Mountain View Municipal Code § 36.48 Conditional use permits

Conditional use permits allow for activities and uses which are not routinely permitted within the subject zone district and need to be reviewed on a case-by-case basis to determine whether the activity or use is appropriate for a particular location, including its compatibility with existing uses. Any conditional use permit granted may be subject to conditions that will ensure that the use as proposed and conducted will be compatible with the intent of the applicable zone district and other uses in the area.

(Ord. No. 18.13, § 1, 12/10/13.)

a. The zoning administrator may grant a conditional use permit only for those uses specifically listed as a conditional use in the applicable zone district.

b. Consideration of applications for a reduction of off-street parking requirements shall also follow the conditional use permit procedure (see Section 36.32.65).

c. Uses that are listed as "provisional" in precise plans shall be evaluated by the zoning administrator, using the criteria contained in the purpose and findings requirements of this section. Provisional uses within precise plans shall be reviewed using the application and hearings and notice procedure defined within the planned community permit section (Section 36.50.30) and applicable precise plan.

(Ord. No. 18.13, § 1, 12/10/13.)

In addition to the application requirement of this article, applications for a conditional use permit shall include a detailed description of the proposed use, including information such as, but not limited to, hours of operation, estimated patronage, parking demand or other measures of the expected intensity of the use, special development design features that would buffer nearby properties from the potential impacts of the proposed use and other information about the nature of the specific use or design of the development housing the proposed use that would demonstrate the use as specifically proposed will comply with the intent of the applicable zone district and with this section.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon receipt in proper form of a complete conditional use permit application, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter.

To ensure effective implementation of general plan policies relating to design, each application for new structures or site plan modifications accompanying a conditional use permit shall be reviewed regarding the design quality of the proposed development in accordance with Division 2 (Development Review Process) of Article XVI of this Chapter.

Applications involving land use changes with no construction or site modifications shall not require development review. The zoning administrator may approve or disapprove the conditional use permit, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 34, 1/23/24.)

Each conditional use permit application shall be analyzed to ensure that the use and development is consistent with the purpose and intent of this Chapter. Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve a conditional use permit application, if all of the following findings are made:

a. The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this Chapter;

b. The proposed use is consistent with the general plan;

c. The approval of the conditional use permit for the proposed use complies with the California Environmental Quality Act (CEQA);

d. The location, size, design and operating characteristics of the proposed use are compatible with the site and building character and environmental conditions of existing and future land uses in the vicinity; and

e. Any special structure or building modifications necessary to contain the proposed use would not impair the architectural integrity and character of the zoning district in which it is to be located.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 34, 1/23/24.)

A conditional use permit granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use(s) or structure that was the subject of the permit application provided the new owner/operator agrees in writing to all applicable conditions and operating standards prior to reopening or maintaining the use under the new ownership. The zoning administrator may approve minor changes to required conditions and operating standards of an approved conditional use permit.

(Ord. No. 18.13, § 1, 12/10/13.)

a. The zoning administrator may approve a nondiscretionary conditional use permit for safe parking uses. A nondiscretionary conditional use permit shall evaluate the uses based on the standards listed in Sec. 36.28.20 and Sec. 36.30.100 and shall be issued if the zoning administrator determines that the proposed use complies with the standards subject to the findings listed in Sec. 36.48.25.

b. Public noticing for nondiscretionary conditional use permits shall require a mailed public notice to all property owners and tenants within seven hundred fifty (750) feet of the site a minimum of fourteen (14) days prior to the date of zoning administrator's decision on the permit. No public hearing shall be held unless requested in writing by the applicant or other affected person prior to a decision on the permit.

(Ord. No. 16.19, § 6, 10/22/19; Ord. No. 7.20, § 6, 6/23/20.)