HomeMy WebLinkAbout220412_Item 4.3_Council ReportRECOMMENDATION
DATE: April 12, 2022
CATEGORY: Consent
DEPT.: Community Development
TITLE: Text Amendments to Chapter 28
(Subdivisions) and Chapter 36 (Zoning) of
the City Code to Implement California
Senate Bill 9 and Other Minor Text
Amendments (Second Reading)
1. Adopt an Ordinance of the City Council of the City of Mountain View Amending Chapter 36
(Zoning) of the City Code to Establish Procedures and Standards Related to Dual Urban
Opportunity (DUO) Developments and Urban Lot Splits in Compliance with Senate Bill 9 and
to Make Other Minor Amendments Related to Inactive Permit Applications, to be read in
title only, further reading waived (Attachment 1 to the Council report). (First reading: 7-0)
2. Adopt an Ordinance of the City of Mountain View Repealing Mountain View City Code
Chapter 28, Subdivisions, in Its Entirety and Replacing It with a New Chapter 28 of the
Mountain View City Code to Reorganize and Renumber the Chapter and to Include
Procedures and Standards Related to Urban Lot Splits in Compliance with Senate Bill 9, to
be read in title only, further reading waived (Attachment 2 to the Council report). (First
reading: 7-0)
�Ji k"A LA
On March 22, 2022, the City Council introduced two related ordinances amending Chapters 36
(Zoning) and 28 (Subdivisions) of the City Code to establish procedures and standards related to
dual urban opportunity (DUO) developments and urban lot splits in compliance with Senate Bill 9
(SB 9) and to establish standards related to the closure of inactive Planning permit applications.
The Council approved the first reading of the ordinances by a 7-0 vote, with a modification to
reduce the minimum street frontage requirement for an urban lot split from 16' to 12' in an effort
to potentially allow more properties to do an urban lot split without modification or removal of
an existing home. As part of their motion, the Council directed staff to return with the Zoning
Code amendments to effectuate that modification. At the hearing, the specific Code sections to
be amended were not identified, and it was contemplated that staff would review all required
Code changes and bring them back for a first reading. However, upon review, staff determined
that no additional changes to the Zoning Code were required other than the change to Section
36.13.70 (Urban Lot Split Standards) of the proposed Ordinance amending Chapter 36 that the
Text Amendments to Chapter 28 (Subdivisions) and Chapter 36 (Zoning)
of the City Code to Implement California Senate Bill 9
and Other Minor Text Amendments (Second Reading)
April 12, 2022
Page 2 of 2
Council had considered on March 22. Given that this limited change was specifically identified,
discussed, and approved by the Council at the March 22 meeting, staff, together with the City
Attorney, determined it was appropriate to include this revision in the ordinance on second
reading, rather than a separate ordinance for a first reading. In order to reduce the minimum
frontage requirement from 16' to 12', Section 36.13.70, Urban Lot Split Standards, has been
revised as shown in Attachment 1 to the report.
This is the second reading of the Ordinances for the text amendments to the City Code. If
approved, the Ordinances will become effective on May 12, 2022.
FISCAL IMPACT—None.
PUBLIC NOTICING
The Ordinance was published at least two days prior to adoption in accordance with City Charter
Section 522.
Prepared by:
Brittany Whitehill
Associate Planner
Reviewed by:
Stephanie Williams
Planning Manager/Zoning Administrator
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840-04-12-22CR
201667
Approved by:
Aarti Shrivastava
Assistant City Manager/
Community Development Director
Audrey Seymour Ramberg
Assistant City Manager/
Chief Operating Officer
Attachments: 1. Ordinance Amending Chapter 36 (Zoning)
2. Ordinance Amending Chapter 28 (Subdivisions)
Attachment 1
CeCItLVTW0 1111 11061
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
AMENDING CHAPTER 36 (ZONING) OF THE CITY CODE TO ESTABLISH PROCEDURES AND
STANDARDS RELATED TO DUAL URBAN OPPORTUNITY (DUO) DEVELOPMENTS AND
URBAN LOT SPLITS IN COMPLIANCE WITH SENATE BILL 9 AND TO MAKE OTHER
MINOR AMENDMENTS RELATED TO INACTIVE PERMIT APPLICATIONS
WHEREAS, on September 16, 2021, the State of California enacted legislation known as
Senate Bill 9 ("SB 9"), which added Sections 65852.21 and 66411.7 to the California Government
Code, to require local public agencies, beginning January 1, 2022, to ministerially approve lot
splits and the construction of two (2) primary dwelling units on single-family zoned lots meeting
certain conditions; and
WHEREAS, this Ordinance amends the Zoning Code, Chapter 36 of the Mountain View City
Code, and, together with a companion ordinance amending Chapter 28 considered concurrently,
implements the requirements of SB 9; and
WHEREAS, procedures set forth in Chapter 36, Article XVI, Division 13 of the Mountain View
City Code, whereby the City can amend Chapter 36, have been executed; and
WHEREAS, Chapter 36 of the Mountain View City Code requires the City's Environmental
Planning Commission and City Council each hold a duly noticed public hearing regarding any
proposed amendment(s) to Chapter 36; and
WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on
February 16, 2022 and recommended the City Council approve this Ordinance amending Chapter
36; and
WHEREAS, the City Council held a public hearing on March 22, 2022 and received and
considered all evidence presented at said hearing regarding the amendment(s) to Chapter 36 in
this Ordinance, including the recommendation from the Environmental Planning Commission,
City Council report, project materials, testimony, and written materials submitted; and
WHEREAS, prior to approval and adoption of this Ordinance, Council found the Ordinance
to be statutorily exempt from review under the California Environmental Quality Act (CEQA)
pursuant to Government Code Sections 65852.21(j) and 66411.7(n) as to the amendments
implementing SB 9, and exempt under CEQA Guidelines Section 150161(b)(3) as to the
amendments clarifying the procedures related to inactive permit applications;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Council Findings. The City Council finds and determines that Chapter 36 (Zoning)
of the City of Mountain View should be amended as follows, pursuant to the required findings in
Section 36.52.70 of the City Code:
a. The proposed amendment is consistent with the General Plan because it supports the
policies of the 2015-23 Housing Element by encouraging a mix of housing types at a range of
densities that serve a diverse population, including both first-time and move -up buyers, and with
the land -use policies and action plan of the 2030 General Plan because it updates the Zoning
Ordinance to address outdated or inconsistent policies with legislative updates by the City, State,
or Federal agencies;
b. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City because the proposed amendment will facilitate
implementation of the State law and will include provisions for an applicable project to be denied
if the Chief Building Official makes a written finding, based upon a preponderance of the
evidence, that the proposed housing development project and/or subdivision would have a
specific, adverse impact, as defined and determined in the California Government Code, upon
public health and safety or the physical environment and for which there is no feasible method
to satisfactorily mitigate or avoid the specific, adverse impact;
C. The proposed amendment is internally consistent with Chapter 36 of the Mountain
View City Code; and
d. The proposed amendment is in compliance with the provisions of the California
Environmental Quality Act (CEQA) because the proposed amendments to implement SB 9 are
statutorily exempt under CEQA, pursuant to Government Code Sections 65852.21(j) and
66411.7(n), and the other minor amendments comply with CEQA, pursuant to Section
15061(b)(3), as text clarifications to existing code requirements and procedures.
Section 2. Chapter 36, Article III, Division 2, Section 36.06.50, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.06.50. - Exemptions from zoning permit requirements.
The zoning permit requirements of this Chapter do not applyto the following activities, land
uses and structures, which are permitted in all zoning districts.
a. Accessory dwelling units and junior accessory dwelling units. Accessory dwelling
units, as defined in Sec. 36.60.05, or junior accessory dwelling units, as defined in Sec. 36.60.23,
shall be designed in compliance with Sec. 36.12.60 through Sec. 36.12.120.
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b. Accessory structures with less than one hundred twenty (120) square feet in floor
area. One (1) story detached structures used as tool and storage sheds, playhouses and similar
uses, provided the floor area does not exceed one hundred twenty (120) square feet, and the
structure is not required to have building or grading permits by Chapter 8 (Buildings) of the city
code. However, the floor area shall count toward the allowed floor area for the parcel, and the
structure(s) shall comply with Sec. 36.12.35.
C. Antennas, communication facilities. Communication facilities and antennas, as
defined in Sec. 36.60.03, are allowed in all zoning districts subject to a development review
permit (Sec. 36.44.45), unless prohibited by state and/or federal law, and shall comply with the
development standards for the applicable district, except that they are prohibited on any R1 or
R2 zoned property used primarily for a single-family residence. This Section shall apply to any
facility proposed within a city zoning district, excluding the city's rights-of-way. All of the aspects
enumerated in Government Code § 65850.6(b) (which include, but are not limited to, aesthetics,
design, height, location, bulk and size) will be considered given the facts and circumstances of
each proposed facility and its compatibility with the neighborhood and adjacent uses.
d. Decks, paths and driveways. Decks, platforms, on-site paths and driveways that are
not required to have building or grading permits by Chapter 8 (Buildings) of the city code and are
not over eighteen (18) inches above natural grade and not over any basement or story below.
e. Dual urban opportunity development. A dual urban opportunity development, as
defined in Sec. 36.30.11, shall be designed in compliance with Sec. 36.13.10 through 36.13.45.
f. Fences -111 and R2 zoning districts. The following types of fences in the R1 and R2
zoning districts are exempt from zoning permit requirements. Allowed fence heights and
locations are illustrated in Figure 36.06-1 (Fence and Wall Standards).
1. Interior lots. Fences up to three (3) feet in height when located within the
required front yard, or up to six (6) feet in height located on rear or side property lines outside
the required front yard, and entry features over front yard gates (e.g., open -latticed arbors and
trellises) not exceeding eight (8) feet in height, three (3) feet in depth or five (5) feet in width,
when located within the required front yard.
2. Corner lots.
(a) Fences up to three (3) feet in height within the required front yard and
traffic safety visibility areas—front and side (or rear). The front traffic safety visibility area is
formed by measuring thirty-five (35) feet from the intersection of the street side property line
and the front property line of the corner parcel, along both property lines, and then connecting
the two (2) points across the corner of the lot;
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(b) Entry features over front yard gates (e.g., open -latticed arbors and
trellises), not exceeding eight (8) feet in height, three (3) feet in depth or five (5) feet in width,
when located within the required front yard but outside the traffic safety visibility areas; and
(c) Fences up to six (6) feet in height located on rear and side property lines
outside the required front yard and traffic safety visibility areas, and at least five (5) feet from
the street side property line. Further, fences over three (3) feet in height adjacent to the side
street property line shall be set back where the side street fence approaches an adjacent lot's
front yard in order to create a side (or rear) triangular traffic safety visibility area for the adjacent
lot at the side (or rear) of the corner parcel. This triangle is formed by measuring ten (10) feet
from the intersection of the street side property line of the corner parcel and the side property
line of the adjacent parcel, along both property lines, and then connecting the two (2) points
across the corner parcel. See Figure 36.06-1.
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Figure 36.06-1
FENCE AND WALL STANDARDS (For Reference Only)
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g. Electric vehicle charging stations. Electric vehicle charging stations are permitted in
all zoning districts subject to Chapter 8 of the city code.
h. Governmental activities. Activities of the city, state or an agency of the state or the
federal government on land owned or leased by a governmental agency.
Irrigation. The installation of irrigation lines.
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j. Interior remodeling. Interior alterations that do not result in an increase in the gross
floor area within the structure, or a change in the permitted use of the structure.
k. Repairs and maintenance. Ordinary repairs and maintenance, if the work does not
result in any change in the approved land use of the site or structure, or the addition to,
enlargement or expansion of the structure, and if any exterior repairs employ the same materials
and design as the original.
I. Retaining walls. Retaining walls (retaining earth only) that result in grade changes of
eighteen (18) inches or less and are not required by Chapter 8 of the city code to have a grading
permit.
m. School facilities. Public school facilities, in compliance with Government Code §
53091, et seq., except where a site is proposed to be occupied exclusively by nonclassroom
facilities.
n. Single- and two (2) family dwellings. The construction of four (4) or fewer single-
family dwellings or two (2) duplexes and the remodeling of single-family or duplexes in the R1
and R2 zoning districts, provided that the proposed development is in compliance with all
applicable provisions of this Chapter, except as provided in Sec. 36.10.30 (Development Review
Required, R1 Zone), 36.10.55 (Development Review Required, R2 Zone) and 36.10.80
(Development Review Required, R3 Zone).
o. Solar collectors. The addition of solar collection systems to the roofs of existing
structures, provided that the collectors are located on the ground level and screened from
ground -level public view or, if roof -mounted, are mounted at approximately the same angle as
the roof. Solar collectors must comply with the height limitations of the zoning district in which
they are located.
p. Spas, hot tubs and fish ponds. Spas, hot tubs, ponds, etc., that do not exceed one
hundred twenty (120) square feet in total surface area, including related equipment, contain
more than two thousand (2,000) gallons of water, or exceed three (3) feet in depth.
q. Utilities. The erection, construction, alteration or maintenance by a public utility,
public agency or private company determined by the city to fulfill a public function of
underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or
disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire -alarm boxes,
police call boxes, traffic signals, hydrants, etc.), but not including occupiable or storage
structures, shall be permitted in any zoning district, provided that the route of any electrical
transmission line(s) having the potential of fifty thousand (50,000) volts or more shall be subject
to council review and approval prior to acquisition of rights-of-way."
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Section 3. Chapter 36, Article IV, Division 1, Section 36.10, of the Mountain View City Code
is hereby amended to read as follows:
"SEC. 36.10. - Purpose.
This Article provides regulations applicable to development and new land uses in the
residential zoning districts established by Sec. 36.04 (Zoning Districts Established). The purposes
of the individual residential zoning districts are as follows:
a. R1 (Residential—Single-family) district. The R1 zoning district is intended for
detached, single-family dwellings, dual urban opportunity developments and similar and related
uses compatible with a quiet, family living environment. The R1 zoning district is consistent with
the low-density residential land use designation of the general plan. The designation of an area
in the R1 zoning district may include establishing a minimum lot area for new subdivisions,
expressed as a suffix to the R1 zoning map symbol (e.g., R1-8, R1-10, etc.).
b. R2 (Residential—One (1) and two (2) family) district. The R2 zoning district is
intended for single-family dwellings, duplexes, low-density rowhouse developments, low-density
townhouse developments, small -lot single-family developments and similar and related
compatible uses. The R2 zoning district is consistent with the medium -low density residential
land use designation of the general plan. The designation of an area in the R2 zoning district may
include establishing a minimum lot area for new subdivisions, expressed as a suffix to the R2
zoning map symbol (e.g., R2-8, R2-10, etc.).
C. R3 (Residential—Multiple-family) district. The R3 zoning district is intended for
multiple -family housing, including apartments, condominium development, rowhouse
development, townhouse development, small -lot single-family development and similar and
related compatible uses. The R3 zoning district is consistent with the medium, medium-high and
high-density residential land use designation of the general plan. The designation of an area in
the R3 zoning district will include establishing a specific maximum density for multiple -family
development, expressed as a subcategory to the R3 zoning map symbol (e.g., R3-2, R3-1.5, etc.).
d. R4 (Residential—High-density multiple -family) district. The R4 zoning district is
intended for multiple -family housing, including apartments, condominium development,
rowhouse development, townhouse development, small -lot, single-family development and
similar and related compatible uses. The R4 zoning district is consistent with the high-density
residential land use designation of the general plan.
e. RMH (mobile home park) district. The RMH zoning district is intended for areas of
the city best suited for mobile homes within a mobile home park or mobile home subdivision
with shared recreational and open space facilities, together with similar and related compatible
uses. The RMH zoning district is consistent with the mobile home residential land use designation
of the general plan."
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Section 4. Chapter 36, Article IV, Division 2, Section 36.10.05, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.10.05. - Residential zone land uses and permit requirements.
The uses of land allowed by this Chapter in each residential 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 where required and parking requirements, and subject to
obtaining any building permit or other permit required by the city code ("P" uses on the tables).
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. Allowed subject to approval of a planned unit development permit ("PUD") (Sec.
36.46.70).
e. Allowed subject to approval of a mobile home park permit ("MHPP") (Sec. 36.48.35).
Land uses that are not listed on the table for a particular zoning district are not allowed in
that district, except where otherwise provided by Sec. 36.06.40 (Determination of Allowable Land
Uses) or Sec. 36.06.50 (Exemptions from Zoning Permit Requirements).
LAND USES AND PERMIT REQUIREMENTS BY RESIDENTIAL DISTRICT
NOTE: Where the last column on the following tables ("See Section") includes a section
number, the regulations in the referenced section apply to the use and/or a specific definition;
however, provisions in other sections may apply as well.
LAND USE
PERMIT REQUIREMENTS BY ZONE
R1
R2
R3
RMH
I R4
SEE SECTION
RESIDENTIAL
Accessory Dwelling Unit
P
P
P
P
P
36.12.60
Accessory Uses and Structures
P
P
P
P
P
36.12.35
Dual Urban Opportunity
Development
P
36.13.10
Duplexes
P
P
P
36.10.40
Home Occupations
P
P
P
P
P
36.28.75
Junior Accessory Dwelling Unit
P
P
P
P
P
36.12.60
Mobile Home Parks
MHPP
36.12.15
Manufactured Housing
P
P
P
P
P
36.12.30
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Mobile Home, Single
P
P
P
P
P
36.12.30
Multiple -Family Housing
CUP
P
P
For R3 District:
36.10.60 and
For R4 District:
36.12
Residential Care Home, 7+ Clients
CUP
CUP
CUP
CUP
CUP
Residential Care Home, 0-6
Clients
P
P
P
P
P
Rooming and Boarding Houses
CUP
CUP
CUP
CUP
CUP
Rooming and Boarding, 2 Persons
Maximum
P
P
P
P
P
36.10.85
Rowhouses
PUD
PUD
PUD
36.16.20
Senior Care Facility
CUP
CUP
CUP
CUP
Senior Congregate Care Housing
CUP
CUP
CUP
Single -Family Housing
P
P
P
P
P
36.10.10
Small -Lot, Single -Family Housing
PUD
PUD
PUD
36.16
Supportive Housing
P
P
P
P
P
Transitional Housing
P
P
P
P
P
Townhouses
PUD
PUD
PUD
36.16.10
Uses not Named but Similar to
Listed Uses
CUP
CUP
CUP
CUP
CUP
AGRICULTURAL
Crop Production
P
P
P
P
P
Small Animal Keeping
P
P
P
P
P
36.12.55.g.
RECREATION, EDUCATION, ASSEMBLY
Churches
CUP
CUP
CUP
CUP
CUP
Community Centers
CUP
CUP
CUP
CUP
CUP
Child -Care Centers
CUP
CUP
CUP
CUP
CUP
36.28.20
Child Day Care, Large Family
CUP
CUP
CUP
CUP
CUP
36.28.20
Child Day Care, Small Family
P
P
P
P
P
36.28.20
Membership Organization
Facilities
CUP
CUP
CUP
Recreational Vehicle (RV) Parks
CUP
Safe Parking'
CUP
CUP
CUP
CUP
CUP
36.32 and Chapter
19
Schools, Public and Private
CUP
CUP
CUP
CUP
CUP
SERVICES
Cemeteries, Columbariums (with
Church)
CUP
CUP
CUP
CUP
CUP
36.28.15
Medical Services, Extended Care
CUP
CUP
CUP
Offices, Property Management
CUP
P
P
P
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Offices, Temporary Real Estate
TUP
TUP
TUP
TUP
TUP
36.46
Parking Lots, not Accessory to
Residential
CUP
CUP
CUP
CUP
CUP
36.46
Pipelines and Utility Lines
P
P
P
P
P
Public Utility or Safety Facilities
CUP
CUP
CUP
CUP
CUP
Temporary Uses
TUP
TUP
TUP
TUP
TUP
36.46
Safe parking shall only be allowed on sites used for, and in conjunction with, the following uses in residential zones:
churches; community centers; membership organization facilities; and schools, public and private.
KEY TO PERMIT REQUIREMENTS
See Section
Permitted Use, Zoning Compliance Required
(Development Review may also be required)
P
36.44 and 36.44.45
Conditional Use, Conditional Use Permit Required
CUP
36.48
Planned Unit Development, PUD Permit Required
PUD
36.46.70
Temporary Use, Temporary Use Permit Required
TUP
36.46
Mobile Home Park, Mobile Home Park Permit
Required
MHPP
36.48.35
Use Not Allowed"
Section 5. Chapter 36, Article IV, Division 3, Section 36.10.15, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.10.15. - Minimum lot area and width for subdivisions.
The minimum area and width of parcels proposed in new subdivisions in the R1 zoning
district is determined below, except in areas of special limitations or when smaller lots are
approved as part of a larger planned unit development or through an urban lot split. These areas
are identified on the zoning map by a suffix to the R1 map symbol (e.g., R1-8, R1-10, etc.), and
are subject to the following requirements:
Zoning Designation
Minimum Lot Area
Minimum Width
R1
6,000 square feet
60 feet (corner lots: 70 feet)
R1-7
7,000 square feet
70 feet
R1-8
8,000 square feet
75 feet
R1-10
10,000 square feet
80 feet
R1-10+
As noted by suffix
80 feet
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If the minimum lot area required by a suffix to the R1 zoning map symbol is within the
ranges shown above (i.e., more than six thousand (6,000) square feet but less than ten thousand
(10,000) square feet, etc.), the required lot width shall be determined by the zoning administrator
based on the values specified in the table above.
For standards applicable to lots created through a planned unit development, see Sec.
36.10.35. For standards applicable to lots created through urban lot splits, see Sec. 36.13.50
through Sec. 36.13.75."
Section 6. Chapter 36, Article IV, Division 3, Section 36.10.20, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.10.20. - Minimum street frontage for any residential use.
Parcels in the R1 zoning district shall have a minimum frontage of thirty-five (35) feet on a
public street, unless the lot has been created by an urban lot split pursuant to the provisions of
Sec. 36.13.50 through Sec. 36.13.75 or is a lot without the required frontage on a public street
pursuant to the provisions of Sec. 36.10.35 (Subdivisions in the R1 zone creating parcels without
the required frontage on a public street.)"
Section 7. Chapter 36, Article IV, Division 3, Section 36.10.25, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.10.25. - R1 zone development standards.
The following table entitled "R1 Zone Development Standards" defines standards for
minimum parcel size, density, setbacks and height limits within the R1 zoning district. See Sec.
36.14.75 for exceptions to the site layout standards that may be granted for home improvements
and minor additions. For standards applicable to dual urban opportunity developments, see
Sec. 36.13.10 through Sec. 36.13.45.
R1 ZONE DEVELOPMENT STANDARDS
Other
references
See Zoning Handbook for the Single -Family Homeowner and Zoning
Calculations: Methods, Definitions, and Clarifications.
Lot area
6,000 sq. ft. minimum for interior lots, 7,000 sq. ft. for corner lots; except
for larger area required by Sec. 36.10.15 based on map designation or
smaller area approved under Sec. 36.10.35 with a PUD permit or under
Sec. 36.13.50 through Sec. 36.13.75 with an urban lot split.
Lot width
60 ft. minimum for interior lots, 70 ft. for corner lots; except for greater
width required by Sec. 36.10.15 or Sec. 36.10.20 based on map
designation and lesser width is required for lots created by an urban lot
split pursuant to Sec. 36.13.65.
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Density
1 dwelling per parcel, except where an accessory dwelling unit, junior
(maximum)
accessory dwelling unit and/or dual opportunity development is allowed.
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 x Lot Area).
FAR shall be measured as provided in the Zoning Calculations: Methods,
Definitions, and Clarifications. See Sec. 36.14.75 for exceptions.
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 x 6,000) = 0.44 FAR
7,500 sq. ft. lot = 0.50 - (0.00001 x 7,500) = 0.425 FAR
0.40 for lots of 10,000 sq. ft. or greater.
Setbacks
The following setbacks
apply to any new construction, additions or
(See Figures
replacement floor
area, regardless of the existing building's setbacks.
Front
20 ft. minimum for the first floor wall; 5 ft. from the
36.10-1 and
36.10-2)
first floor wall for a second floor over an attached
garage, where garage projects forward.
Sides
For lots less than 6,000 sq. ft. or less than 60 ft. wide: 5
(1st -story)
ft. minimum and 10 ft. total for both sides.
For lots of 6,000 sq. ft. or more and 60 ft. or greater in
width: 5 ft. minimum and 12 ft. total for both sides.
Sides
For lots less than 5,000 sq. ft. or less than 40 ft. wide: 5
(2nd -story)
ft. minimum each side and 12 feet total for both sides.
For lots 5,000 sq. ft. or more and 40 ft. or greater in
width, front half of lot: 7 ft. minimum and 15 ft. total
for both sides; rear half of lot: 12 ft. minimum on each
side.
For lots of 10,000 sq. ft. or more, and greater than 65
ft. wide: 10 ft. minimum and 25 ft. total for both sides.
Street sides
15 ft. minimum.
(corner lots)
Rear
1 story portions of structure: 20% of the lot depth or
15 ft., whichever is greater, but not more than 40 ft.
maximum, required. Encroachment allowed, see Sec.
36.14.75.
2 -story portions of structure: 25% of lot depth, or 20
ft., whichever is greater, but not more than 40 ft.
maximum, required.
Height limits
Maximum building height for 1 story structure: 24 ft.
Maximum building height for 2 story structure: 28 ft.
Maximum 1st floor wall height at top of wall plate: 15 ft.
Maximum 2nd floor wall height at top of wall plate: 22 ft.
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Landscaping
50% of the required front setback area shall be permanently landscaped.
required
Street trees shall be planted in front of all structures with second -story
additions or construction of a new dwelling unit.
Second -story
Second -story decks and balconies are allowed only on the front and rear
decks
of houses, except that on corner lots they are allowed on the street side.
The total square footage of all decks and balconies located at floor level of
the second story cannot exceed 150 sq. ft. and are subject to second -story
setbacks except that decks and balconies on the rear of a house must be
set back 5 ft. in addition to the required rear yard second -story setback.
Decks, or any similar feature, are not permitted on the roof of a 2 -story
structure.
Parking and
Required spaces
2 spaces, 1 of which shall be covered. The uncovered
driveways
space can be located in the driveway.
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
The street -facing facade of a garage structure shall not
on street
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 Sec. 36.12.35 for limits on widths of
accessory structures, including detached garages.
Signs
See Article XII (Signs)."
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Section 8. Chapter 36, Article IV, Division 3, Section 36.10.30, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.10.30. - Development review required.
The following types of proposed development in the R1 zoning district shall be subject to
development review in compliance with Sec. 36.44.45 (Development Review):
Structures in new subdivisions of five (5) or more parcels;
b. Requests for FAR exceptions;
C. Fences over six (6) feet in height and up to seven (7) feet;
d. Planned unit developments in accordance with Sec. 36.46.70; and
e. Conditional use permits in accordance with Sec. 36.48.
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Required Side Setback
Second Floor/Story, Rear
Half:
Depending on lot size, side
yard setback is 5' to 12'
min., 12' to 25' total adding
both sides together on rear
half of lot.
Required Side Setback
Second Floor/Story,Front
Half:
Depending on lot size, side
yard setback is 5' to 10'
min., 12' to 25' total adding
both sides together on front
half of lot.
Required Front Setback
20' min.
50% min. of front yard
shall be landscaped.
Street Trees
Required in front of two-
story addition or new
construction.
Floor Area Ratio
For maximum total
allowable square footage,
see Floor Area ratio (FAR)
regulations.
Figure 36.10-1
SINGLE-FAMILY SETBACK REQUIREMENTS
(For Reference Only)
Propert.y Line
r-.._. F - - - I - - - -
Rear Setback, Rear Setback,
First Story Second Story
L I I
12"d Jr Hirst F'lanr
setback, P7.7 Floor
rear half
2ni
floor
front
half
Accessory Structure
See Sec. 36.12.35.
Required Rear
Setback
- First Floor/Story:
20°fo of lot depth but not
less than 15'.
- Second Floor/Story:
REAR 259/o of lot depth, but
HALF of not less than 20'.
I LOT
IFRONT
HALF
I 1 °t floor• of LOT
setbac
5'
25' to 35' max.
garage frontage,
Front Setback depending on lot
Right -of Way Landscaping
Sidewalk
Street
Street Centerline
--------------------------
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840-03-22-22o-1 -14-
s'
Required Side Setback
First Floor/Story:
Depending on lot size,
5' min. setback on a
side, 10' to 12' total
adding both sides
together.
Minimum 5' setback
between first and
second story only over
garage.
Typical Right -of -Way
(varies by
neighborhood)
Figure 36.10-2
SINGLE-FAMILY HEIGHT LIMITS
(For Reference Only)
Topp off Wall. Plate
I
rv' 47 �71�4' WWP 1.
�yq
2" SWTV
I � MAX.
store
1
Measured from a-dj acenr grade
Building Height
.
,_7
t
gtor
24' max.
I" story
I
Measured from top of curb
Section 9. Chapter 36, Article IV, Division 3, Section 36.10.35, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.10.35. - Subdivisions in the R1 zone creating parcels without the required frontage on
a public street.
The approval of a subdivision in compliance with Chapter 28 of the city code (Subdivisions)
that results in three (3) or more lots, where at least one (1) lot does not have the required
frontage on a public street, shall require approval of a planned unit development permit to
evaluate the appropriateness of the lots, establish setbacks, and address any lot design problems.
This Section does not pertain to urban lot splits, as defined in Sec. 36.60.45. For standards
pertaining to urban lot splits, refer to Sec. 36.13.10.
a. Minimum lot size. The developable portion of any flag lot or other lot that does not
have the required frontage on a public street, exclusive of the "flag pole" portion of a flag lot or
the private drive in a subdivisions with up to four (4) buildable lots, shall comply with the
minimum lot size requirements of the applicable zoning district. The individual lots in a
subdivision involving five (5) or more buildable lots may be less than the minimum lot size
required in the applicable zoning district provided that the density, based on all of the land area
including private streets and common areas, does not exceed the maximum density for the
applicable zoning district.
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840-03-22-22o-1 -15-
b. Floor area ratio (FAR). Allowable FAR shall be calculated on the developable portion
of the lot only. Floor area exceptions are not allowed on lots that do not have the required
frontage on a public street.
C. Density. A flag lot or other lot without the required frontage on a public street may
contain one (1) single-family dwelling, one (1) accessory dwelling unit and one (1) junior
accessory dwelling unit.
d. Number of lots. At least one (1) of the lots in a flag lot subdivision or other subdivision
that includes parcels without the required frontage on a public street shall have the street
frontage normally required by the applicable zoning district. No more than two (2) additional flag
lots shall be permitted to extend behind the lot with full street frontage.
e. Setback requirements. Setbacks shall comply with the standards found in Sec.
36.10.25 except for the following special setback requirements:
1. All lots:
(a) Garage setback. The setback from a garage face shall be a minimum of
twenty (20) feet.
(b) Side yards adjacent to a flag pole or private driveway. Side yards adjacent
to a flag "pole" shall be a minimum of five (5) feet for first story and seven (7) feet for the second
story. Side yards adjacent to a private driveway serving two (2) or more units shall be a minimum
of ten (10) feet for the first and second stories. If a garage faces the flag pole or private driveway,
the setback shall be a minimum of twenty (20) feet.
2. Lots that front on a public street. Side yards adjacent to existing lots shall be a
minimum of seven (7) feet for the first story and eight (8) feet for the second story except for
that portion of the second story that is on the rear half of the parcel which shall be a minimum
of twelve (12) feet.
3. Lots without the required frontage. For lots that are at the rear of the site and
do not have the required frontage on a public street, the zoning administrator shall determine
which of the yards on the sides that are adjacent to existing lots is the rear yard, taking into
consideration whether the yards of the adjacent lots are rear yards or side yards. Any remaining
yard which is adjacent to a side yard for sixty-six (66) percent of the length of the adjacent
property may have the side yard setbacks defined in Sec. 36.10.25. Any remaining yard adjacent
to a rear yard must have a minimum first -story setback of fifteen (15) feet and a minimum
second -story setback of twenty (20) feet.
4. Access requirements for flag lots. A flag "pole" serving two (2) or more lots shall be
a minimum of twenty-five (25) feet with sixteen (16) feet paved, provided that there is at least
eight (8) feet of street frontage per lot. A wider paved access and adequate turnaround for
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840-03-22-220-1 -16-
emergency vehicles may also be required by the Uniform Fire Code, depending on distance of
the house from the street.
Figure 36.10-3
SETBACK REQUIREMENTS FOR SUBDIVISIONS WITH
SEVERAL LOTS ON A PRIVATE STREET
(For Reference Only)
I I I
I � I
I � I
I � I
Rear Yard I Rear Yard I Rear Yard I Rear Yard
IStandard sideyard
92' Standard rear yard setback repuu- naents Standard rear yard
knin. setback requirements I setback requirements
Rear Yard ron re_
33% }ialf o
20' I Rear Yard
I
��� • . _ • . 15' min. atl
rear yard
icondition
I
I
I— . Back Lot.. —
Standard —yard setback
requirements
I
20'
Private Street I —12'mm on
ROW :f garage —4zfoftot
I
to -
in
min.l
I
I
20' min
mv2. i
Front Lot
Sidewalk 5'
Typical Right -of -Way
(varies by
Right -of -Way 5' neighborhood)
Landsca in
Street
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2
Section 10. Chapter 36, Article IV, Division 10, Section 36.12.65, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.12.65. - Accessory dwelling unit and junior accessory dwelling unit definitions.
For the purposes of this Division, the following definitions shall apply:
Attached unit. An accessory dwelling unit created by the addition of new floor area which
is attached to at least one (1) primary dwelling.
Detached unit. An accessory dwelling unit created by the addition of a new structure which
is detached from any primary dwelling.
Dual urban opportunity housing site. An R1 -zoned lot which contains two (2) primary
dwelling units and/or was created through an urban lot split.
Multi -family dwelling structure. A residential structure or group of attached structures
with two (2) or more dwelling units, including, but not limited to, duplexes, triplexes, fourplexes,
apartments, condominiums, rowhouses and townhouses. Multi -family dwelling structures are
designed such that multiple families are living independently of each other.
Multi -family interior unit. An accessory dwelling unit created within a portion of an existing
multi -family dwelling structure that was not previously used as livable space.
Multi -family residential site. A site containing one (1) or more multi -family dwelling
structures or more than one (1) single-family home in a zone that permits single-family or multi-
family uses.
Single-family interior unit. An accessory dwelling unit created within a portion of an
existing single-family residence or within an existing accessory structure on a single-family
residential site.
Single-family residential site. A site containing one (1) single-family home, including a lot
within a small -lot, single-family development, in a zone that permits single-family or multi -family
uses."
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Section 11. Chapter 36, Article IV, Division 10, Section 36.12.80, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.12.80. - Maximum number of units.
Accessory dwelling units and/or a junior accessory dwelling unit may be permitted on a
residential site as follows:
�e`:1Ii•Ili 1l �/�►1i 1l �II�I�Z�73iP►Iilf►�
Single-family
Accessory dwelling
One (1) unit
residential site
unit
AND
Junior accessory
One (1) unit
dwelling unit
Multi -family
Multi -family interior
Up to twenty-five (25) percent of the number
residential site
units
of existing multi -family units in the building,
but at least one (1) unit
AND
Detached units (new
Two (2) units
construction)
Dual urban
See Sec. 36.13.10 through 36.13.35"
opportunity housing
site
Section 12. Chapter 36, Article IV, Division 11, Section 36.13.10, of the Mountain View City
Code is hereby added to read as follows:
"DIVISION 11.
DUAL URBAN OPPORTUNITY HOUSING.
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."
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840-03-22-22o-1 -19-
Section 13. Chapter 36, Article IV, Division 11, Section 36.13.15, of the Mountain View City
Code is hereby added to read as follows:
"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."
Section 14. Chapter 36, Article IV, Division 11, Section 36.13.20, of the Mountain View City
Code is hereby added to read as follows:
"SEC. 36.13.20. - Dual urban opportunity developments.
Where allowed by Sec. 36.10.05 (Land Uses and Permit Requirements by Residential Zone),
this Section establishes standards for dual urban opportunity developments."
Section 15. Chapter 36, Article IV, Division 11, Section 36.13.25, of the Mountain View City
Code is hereby added to read as follows:
"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 Sec.
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."
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Section 16. Chapter 36, Article IV, Division 11, Section 36.13.30, of the Mountain View City
Code is hereby added to read as follows:
"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."
Section 17. Chapter 36, Article IV, Division 11, Section 36.13.35, of the Mountain View City
Code is hereby added to read as follows:
"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).
C. For lots established through an urban lot split, in addition to a primary dwelling unit,
a second primary unit or an accessory dwelling unit orjunior 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)."
Section 18. Chapter 36, Article IV, Division 11, Section 36.13.40, of the Mountain View City
Code is hereby added to read as follows:
"SEC. 36.13.40. - Development standards.
Except as provided in Sec. 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 x Lot Area).
FAR shall be measured as provided in the Zoning Calculations: Methods,
Definitions, and Clarifications.
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:
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6,000 sq. ft. lot = 0.50 - (0.00001 x 6,000) = 0.44 FAR
7,500 sq. ft. lot = 0.50 - (0.00001 x 7,500) = 0.425 FAR
0.40 for lots of 10,000 sq. ft. or greater.
Separation of
Primary dwelling units may be attached or detached. Units shall be
units.
constructed and/or modified to allow for separate conveyance of each
unit consistent with applicable building and fire 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 floor wall height at top of wall plate: 15 ft.
Maximum 2nd floor wall height at top of wall plate: 22 ft.
Landscaping
25% of the required front setback area shall be permanently landscaped.
Required
Street trees shall be planted in front of all structures with second -story
additions or construction of a new dwelling unit.
Second Story
Second -story decks and balconies are prohibited on any newly
Decks
constructed unit. Roof decks, or any similar feature, are not permitted on
the roof of a 2 -story structure.
Parking and
Required spaces
1 covered space per primary unit, except as
driveways
provided in Sec. 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
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Section 19. Chapter 36, Article IV, Division 11, Section 36.13.45, of the Mountain View City
Code is hereby added to read as follows:
"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 Sec. 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
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840-03-22-22o-1 -23-
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
The street -facing facade of a garage structure
street
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
Sec. 36.12.35 for limits on widths of accessory
structures, including detached garages."
Section 19. Chapter 36, Article IV, Division 11, Section 36.13.45, of the Mountain View City
Code is hereby added to read as follows:
"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 Sec. 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
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840-03-22-22o-1 -23-
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."
Section 20. Chapter 36, Article IV, Division 11, Section 36.13.50, of the Mountain View City
Code is hereby added to read as follows:
"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(8)."
Section 21. Chapter 36, Article IV, Division 11, Section 36.13.55, of the Mountain View City
Code is hereby added to read as follows:
"SEC. 36.13.55. - Urban lot split.
Sec. 36.13.55 through Sec. 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."
Section 22. Chapter 36, Article IV, Division 11, Section 36.13.60, of the Mountain View City
Code is hereby added to read as follows:
"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 Sec. 36.13.10 through Sec. 36.13.75."
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Section 23. Chapter 36, Article IV, Division 11, Section 36.13.65, of the Mountain View City
Code is hereby added to read as follows:
"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
Sec. 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.
2. 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.
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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."
Section 24. Chapter 36, Article IV, Division 11, Section 36.13.70, of the Mountain View City
Code is hereby added to read as follows:
"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.
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Minimum
Thirty (30) feet.
average lot
width
Minimum
Each lot shall adjoin the public street with a minimum frontage width of
frontage
twelve (12) feet."
Section 25. Chapter 36, Article IV, Division 11, Section 36.13.75, of the Mountain View City
Code is hereby added to read as follows:
"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."
Section 26. Chapter 36, Article IV, Division 11, Section 36.13.80, of the Mountain View City
Code is hereby added to read as follows:
"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."
Section 26. Chapter 36, Article X, Division 3, Section 36.32.50, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.32.50. - Required number of parking spaces.
Each land use shall provide the minimum number of off-street parking spaces required by
this Section, inclusive of accessible and electric vehicle (EV) charging spaces required per Chapter
8 of the City Code.
a. Uses not listed. Land uses not specifically listed by the following subsection b. below
shall provide parking as required by the zoning administrator. In determining appropriate off-
street parking requirements, the zoning administrator shall use the requirements of subsection
b. below as a general guide in determining the minimum number of off-street parking spaces
necessary to avoid undue interference with public use of streets and alleys.
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b. Parking requirements by land use. The following minimum number of parking spaces
shall be provided for each use:
REQUIRED PARKING BY LAND USE
Land Use Type
I Vehicle Spaces Required
Bicycle Spaces Required
Manufacturing and General Industrial
Manufacturing
1 space for each 250 sq. ft. of gross floor
5 percent of vehicle
and industrial,
area plus 1 space for each vehicle operated
spaces
general
in connection with each on-site use
Recycling facilities
Space shall be provided for the anticipated
None
peak load of customers to circulate, park
and deposit recyclable materials. If the
facility is open to the public, an on-site
parking area shall be provided for a
minimum of 10 customers at any one time
1 employee parking space shall be provided
5 percent of vehicle
on-site for each commercial vehicle
spaces
operated by the processing center
Recreation, Education, Public Assembly Uses
Child day-care
1 space for each employee, plus 1 space for
2 percent of vehicle
centers
every 15 children for visitor parking and
spaces
drop-off areas
Churches,
1 space for each 170 sq. ft. of gross floor
5 percent of vehicle
mortuaries
area
spaces for churches; 2
spaces for mortuaries
Indoor recreation and fitness centers
Arcades
1 space for each 200 sq. ft. of gross floor
5 percent of vehicle
area
spaces
Bowling alleys
Parking study required
Dance halls
Parking study required
None
Health/fitness
1 space for each 200 sq. ft. of gross floor
5 percent of vehicle
clubs
area
spaces
Libraries and
Parking study required
5 percent of vehicle
museums
spaces
Membership
1 space for every 3.5 fixed seats
5 percent of vehicle
organizations
spaces
Pool and billiard
2.5 spaces for each table
5 percent of vehicle
rooms
spaces
Schools
Parking study required
Parking study required
Studios for dance,
1 space for each 2 students
5 percent of vehicle
art, etc.
spaces
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Tennis/racquetball
Parking study required
5 percent of vehicle
courts
spaces
Theaters and
1 space for every 3.5 fixed seats
5 percent of vehicle
meeting halls
spaces
Residential Uses
Accessory
1 space per unit, except if compliant with
None
dwelling units
Sec. 36.12.75
Dual urban
1 covered space per unit, except if
None
opportunity
compliant with Sec. 36.13.75.
development
Multi-family
Studio unit
1.5 spaces per unit, 1
1 space per unit
dwellings
space shall be covered
(refer to Sec.
1-bedroom unit
1.5 spaces per unit, 1
36.32.85.a.1)
less than or
space shall be covered
equal to 650
square feet
1-bedroom unit
2 spaces per unit, 1 space
greater than
shall be covered
650 square feet
2-bedrooms or
2 spaces per unit, 1 space
more
shall be covered
Guest
15 percent of the parking
1 space per 10 units
spaces required for the
project shall be
conveniently located for
guest parking. The zoning
administrator may
increase the parking
requirement to 2.3
spaces per unit if needed
to ensure adequate guest
spaces
Rooming and
Parking study required
Parking study required
boarding houses
Rowhouse
Studio unit
1.5 spaces per unit, 1
1 space per unit
developments
space shall be covered
1-bedroom or
2 covered spaces
more
Senior congregate
1.15 spaces per unit; half the spaces shall
2 percent of vehicle
care housing
be covered
spaces
Senior care facility
Parking study required
Parking study required
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Single-family
2 spaces, 1 of which shall be covered
None
housing and each
dwelling unit in a
duplex
Single -room
1 space per dwelling unit; plus 1 for every
1 space per 10 units
occupancies
nonresident employee. Reduction of up to
0.50 space per unit may be granted through
the conditional use permit process
Small -lot, single-
2 spaces, one of which shall be covered,
None
family
and 0.50 guest space per unit
developments
Townhouse
Per unit
2 spaces, one shall be
1 space per unit
developments
covered
Guest
Guest parking shall equal
in total an additional 0.6
space for each unit, for
an aggregate ratio of 2.6
spaces for each unit
Guest
Guest parking shall equal
in total an additional 0.3
space for each unit
Retail Trade
Auto, mobile
1 space for each 450 sq. ft. of gross floor
5 percent of vehicle
home, vehicle and
area for showroom and office, plus 1 space
spaces
parts sale
for each 2,000 sq. ft. of outdoor display
area, plus 1 space for each 500 sq. ft. of
gross floor area for vehicle repair, plus 1
space for each 300 sq. ft. of gross floor area
for the parts department
Furniture,
1 space for each 600 sq. ft. of gross floor
5 percent of vehicle
furnishings and
area
spaces
home equipment
stores
Plant nurseries
Parking study required
Parking study required
Restaurants, Cafes,
Bars, Other Eating/Drinking Places
Take-out only
1 space for each 180 sq. ft. of gross floor
area
Fast food (counter
1 space for each 100 sq. ft.; minimum 25
5 percent of vehicle
service)
spaces
spaces
Table service
1 space for each 2.5 seats or 1 space for
each 100 sq. ft. of gross floor area,
whichever is greater
Outdoor seating
1 space for each 2.5 seats
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Retail Stores
General
1 space for each 180 sq. ft. of gross floor
5 percent of vehicle
merchandise
area
spaces
Warehouse retail
Parking study required
Parking study required
Service stations
1 space for each 180 sq. ft. of gross floor
None
area
Shopping centers
1 space for each 250 sq. ft. of gross floor
5 percent of vehicle
area
spaces
Service Uses
Animal service
1 space for each 200 sq. ft. of gross floor
2 percent of vehicle
establishment
area
spaces
Banks and
1 space for each 300 sq. ft. of gross floor
5 percent of vehicle
financial services
area, plus 1 space per ATM
spaces
Hotels and motels
1 space for each guest room, plus 1 space
2 percent of vehicle
for each 2 employees, plus as required for
spaces
ancillary uses
Medical Services
Clinics, offices,
1 space for each 150 sq. ft. of gross floor
5 percent of vehicle
labs, under 20,000
area
spaces
square feet
Clinics, offices,
1 space for each 225 sq. ft. of gross floor
2 percent of vehicle
labs, greater than
area
spaces
20,000 square feet
Extended care
1 space for each 3 beds, plus 1 space for
each employee
Hospitals
1 space for each patient bed
Offices,
1 space for each 300 sq. ft. of gross floor
5 percent of vehicle
administrative,
area
spaces
corporate,
research and
development
Personal services
1 space for each 180 sq. ft. of gross floor
5 percent of vehicle
area
spaces
Vehicle washing
Parking study required
None
Repair and Maintenance—Vehicle
Lube -n -tune
2 spaces per service bay
None
Repair garage
5 spaces, plus 1 space for each 200 sq. ft. of
None
gross floor area
Storage, personal
1 space for each 2,000 sq. ft. of gross floor
None
storage facilities
area plus 2 spaces for any resident manager
Warehousing and
1 space for each 500 sq. ft. of gross floor
5 percent of vehicle
data centers
area plus 1 space for each company vehicle
spaces"
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Section 27. Chapter 36, Article XVI, Division 17, Section 36.56.75, of the Mountain View
City Code is hereby added to read as follows:
"SEC. 36.56.75. - Closure of inactive permits.
A formal permit application which has been inactive for three (3) months shall be deemed
withdrawn without notice, public hearing or other proceeding. An application is inactive when a
formal resubmittal that is substantially -responsive to the city's completeness/comment letter
has not been provided. Once an application is deemed withdrawn, the applicant shall be required
to submit a new application and fees in compliance with the city's application submittal
requirements."
Section 28. Chapter 36, Article XVII, Division 2, Section 36.60.11, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.60.11. - Definitions - "D."
Density bonus. In accordance with State Density Bonus Law, an allowance to exceed the
maximum allowable residential density on a property in exchange for providing affordable units
for households with a specific income level or for seniors.
Disaster storage container. An independent self-contained storage container for the sole
purpose of storing disaster supplies, such as water, food, blankets, cots and emergency medical
and rescue supplies, inspected and regulated by the City of Mountain View fire department.
District. A portion of the territory of the City of Mountain View within which certain uniform
regulations and requirements or various combinations thereof apply under the provisions of this
Chapter. Also known as a "zoning district."
a. Where certain uses are required to be a specified distance from "any R district" as
provided in this Chapter, the term "any R district" shall include any R1, R2, R3, R4 or RMH district,
or any A district, P district or portion thereof designated for future residential uses in the
Mountain View general plan.
b. The term "any C district" shall include any CN, CS, CO or CRA district.
C. The term "any M district" shall include any ML or MM district.
Drive-in and drive-through sales. Facilities where food or other products may be purchased
by motorists without leaving their vehicles. Such facilities include fast-food restaurants, drive-
through dairies, etc.
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Drive-in and drive-through services. Facilities where services may be obtained by motorists
without leaving their vehicles. Such facilities include drive -up teller windows in banks, etc. Does
not include: automatic teller machines (ATMs) or service stations, which are separately defined,
or car washes, which are included in the definition of "Repair and maintenance—vehicle."
Dual urban opportunity development. Two (2) primary dwelling units, which may be
attached or detached, on an R1 -zoned lot.
Dual urban opportunity housing site. An R1 -zoned lot which contains up to two (2) primary
dwelling units and/or was created through an urban lot split.
Duplex. A detached structure under single ownership containing two (2) dwellings.
Dwelling group. A group of three (3) or more detached dwellings having any yard or court
in common.
Dwelling or dwelling unit. A room or group of internally connected rooms that have
sleeping, cooking, eating and sanitation facilities, but not more than one (1) kitchen, which
constitutes an independent housekeeping unit, occupied by or intended for one (1) household
on a long-term basis. Types of dwellings include single-family dwellings, duplexes, multiple -family
dwellings, mobile homes, townhouses and rowhouses, all of which are separately defined."
Section 29. Chapter 36, Article XVII, Division 2, Section 36.60.45, of the Mountain View City
Code is hereby amended to read as follows:
"SEC. 36.60.45. - Definitions - "U."
Urban lot split. The division of one (1) R1 -zoned lot into two (2) lots through ministerial
approval of a preliminary parcel map and subsequent parcel map."
Section 30. The provisions of this ordinance shall be effective thirty (30) days from and
after the date of its adoption
Section 31. If any section, subsection, sentence, clause, or phrase of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the other
remaining portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared
unconstitutional.
Section 32. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that
copies of the foregoing proposed ordinance be posted at least two (2) days prior to its adoption
in three (3) prominent places in the City and that a single publication be made to the official
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newspaper of the City of a notice setting forth the title of the ordinance, the date of its
introduction, and a list of the places where copies of the proposed ordinance are posted.
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Attachment 2
le C I nI_n[y4 1�[6l
AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW
REPEALING MOUNTAIN VIEW CITY CODE CHAPTER 28, SUBDIVISIONS,
IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 28 OF
THE MOUNTAIN VIEW CITY CODE TO REORGANIZE AND RENUMBER THE CHAPTER
AND TO INCLUDE PROCEDURES AND STANDARDS RELATED TO URBAN LOT SPLITS
WHEREAS, on September 16, 2021, the State of California enacted legislation known as
Senate Bill 9 (SB 9), which added Sections 65852.21 and 66411.7 to the California Government
Code, which will require local public agencies, beginning January 1, 2022, to ministerially approve
lot splits and the construction of two (2) primary dwelling units on single-family zoned lots
meeting certain conditions; and
WHEREAS, the revisions to Chapter 28 necessary to implement SB 9 require comprehensive
renumbering of Chapter 28 in its entirety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 28 of the Mountain View City Code is hereby rescinded in its entirety,
and a new Chapter 28 shall be adopted to read as follows:
"CHAPTER 28
SUBDIVISIONS
ARTICLE I.
GENERAL SUBDIVISION PROVISIONS.
SEC. 28.1. - Authority for local regulations; Application.
Pursuant to Chapters 1 through 7 of Division 2, Title 7, of the California Government Code,
commencing with Section 66410, referred to herein as the Subdivision Map Act, and in addition
to any other provisions of law, the provisions of this chapter shall apply to all divisions of land or
parts thereof or air space hereafter made of land wholly or partially within the city limits of the
city, and to the preparation of subdivision maps or parcel maps, and to other maps provided for
by the Subdivision Map Act, or herein, for approval; and each such division of land and each part
thereof lying within the city limits of said city shall be made, and each map shall be prepared and
presented for approval, as hereinafter provided for and required.
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840-03-22-22o -1-
SEC. 28.1.05. - References to other laws.
Whenever reference is made to any portion of this Chapter or any other ordinance or
statute, such reference applies to and includes all amendments and additions now or hereafter
made.
SEC. 28.1.10. - Prohibitions of sale, lien or lease.
a. No person shall offer to sell or lease, to contract to sell or lease, to sell or lease, to
finance any parcel or parcels of real property or to commence construction of any building for
sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, until a
final map or parcel map, in full compliance with the provisions of this chapter, has been duly filed
in the office of the county recorder.
b. Neither this Section nor any other portion of this Chapter shall apply to the leasing of
apartments, offices, stores or similar spaces within an apartment building, industrial buildings or
commercial buildings, or mobile home parks, or trailer parks, or to mineral, oil or gas leases.
SEC. 28.1.15. - Transactions voidable.
Any deed or conveyance, mortgage, deed of trust or other lien or lease or sale or contract
to sell, mortgage, lien or lease real property made contrary to the provisions of this Chapter is
voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary or person
contracting to purchase, or to accept a lien or mortgage, or to lease as a tenant, their heirs,
personal representatives or trustees in insolvency or bankruptcy, within one (1) year after the
date of discovery of the violation of the provisions of this Chapter or the Subdivision Map Act,
but such deed of conveyance, sale, mortgage, deed to trust, lien, lease or contract is binding upon
any assignee or transferee of the grantee, mortgagee, beneficiary, tenant, buyer or person
contracting therefor, other than those above enumerated, and upon the grantor, vendor,
mortgagor, trustor, landlord or person so contracting, their assignee, heir or devisee.
The provisions of this Section shall not limit or affect in any way the rights of a grantee or
successor -in -interest under any other provision of law.
SEC. 28.1.20. - Issuance of permits.
No building, plumbing or electrical permit shall be issued for the construction,
reconstruction, alteration or modification of any building or structure situated on land which has
been divided or conveyed in a manner contrary to the provisions of this Chapter and/or the
Subdivision Map Act. Any permit issued prior to such a division or conveyance shall be subject to
revocation after notice and hearing.
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SEC. 28.1.25. - Reapportionment of assessments.
If any lot or parcel of land upon which there is an unpaid assessment represented by bonds
issued underthe Improvement Procedure Code and Division 10 of the Streets and Highways Code
is subdivided, including a division into condominium interests as defined in Section 783 of the
California Civil Code, or the ownership of a portion of such lot or parcel of land is transferred to
another person, the owner of any interest in any of the lots or parcels into which the original lot
or parcel has been divided shall file an application in writing with the public works director. The
application shall indicate how the original lot or parcel has been divided or transferred, request
the public works director to apportion the amount remaining unpaid on the assessment in
accordance with the California Improvement Procedure Code and the Streets and Highways Code
and be accompanied by a fee in an amount to be fixed from time to time by resolution or
ordinance of the city council for each separate part or parcel of land into which the original lot
or parcel has been divided or transferred. The public works director shall deposit all such fees in
the city treasury.
SEC. 28.1.30. - Short title.
This Chapter may be cited as the "Subdivision Ordinance of the City of Mountain View."
SEC. 28.1.35. - Definitions.
As used in this Chapter, the following words and phrases shall have the following meaning:
"Common green subdivision" shall mean a division of land in which there are both
separately held parcels of land and commonly held parcels of land within the proposed
development, the latter held undivided and in common by owners of the separately held parcels,
all pursuant to a planned unit development approved in accordance with the provisions of the
zoning ordinance of the city.
"Community apartment project" shall mean a development in which an undivided interest
held in a single ownership in the land is coupled with the right of exclusive occupancy of any
apartment, unit or portion of a structure located thereon. This shall include granting the right of
exclusive occupancy, or the right to finance, to any individual or individuals based on the creation
of tenancies -in -common and as further defined in California Civil Code Section 1351(d).
"Condominium" shall mean an estate in real property consisting of a separate interest in a
dwelling unit together with an undivided interest in the balance of the property (land and
improvements) which is owned in common by the owners of the individual dwelling units and as
further defined in Section 783 of the California Civil Code.
"Condominium conversion" shall mean the conversion or division of a single -ownership
parcel with a building or buildings into a common -interest development as defined in the
California Civil Code Section 1351(c), condominium, community apartment project or stock
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cooperative project or tenancy -in -common form of ownership involving separate -interest
ownership or permanent right of exclusive use of individual dwelling units. Condominium
conversion also means the conversion of commercial, industrial or any nonresidential spaces in
an existing building to condominium as defined herein.
"Condominium conversion project" shall mean a development in which the entire parcel
of real property, including all structures thereon or appurtenant thereto, is subject to
condominium conversion.
"Davis -Stirling Common Interest Development Act" shall mean the act set forth in the
California Civil Code Division 2, Part 4, Title 6, commencing with Section 1350.
"Final map" shall mean a map of a subdivision which is prepared in accordance with the
provisions of this Chapter and with any applicable provisions of the Subdivision Map Act and
which is designed to be recorded in the office of the Santa Clara County recorder.
"Parcel map" shall mean a map showing division of land into fewer than five (5) lots or a
division of land into five (5) or more lots that meets the conditions of the California Government
Code, Sec. 66426(a), (b), (c) and (d), or a division of land creating fewer than five (5) lots by means
of combining lots that may have been partially or entirely subdivided previously, which is
prepared in accordance with the provisions of this Chapter and the provisions of the Subdivision
Map Act and which is to be recorded in the office of the Santa Clara County recorder.
"Preliminary parcel map" shall mean a map for the purpose of showing the design of a
proposed parcel map and the existing conditions in and around it and need not be based upon
an accurate or detailed final survey of the property.
"Subdivision" shall mean the same as defined in Section 66424 of the Subdivision Map Act.
"Stock cooperative project" shall mean a project wherein a corporation is formed or
availed of primarily for the purpose of holding title to an apartment project or group of more
than one (1) individual rental unit, if all, or substantially all, of the shareholders of such
corporation receive a right of exclusive occupancy in a dwelling unit, title to which is held by the
corporation, which right of occupancy is transferred only concurrently with the transfer of shares
of stock in the corporation held by the person having such right of occupancy and as further
defined in the California Civil Code Section 1351(m).
"Subdivision committee" shall mean a committee consisting of the community
development director, the public works director and the city manager or city attorney, or their
designees, and shall constitute the advisory agency as that term is used in the Subdivision Map
Act, except that, in lieu of a separate subdivision committee hearing, the subdivision committee
shall refer any subdivision map 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
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recommendation to the city council. In the cases listed above, the environmental planning
commission shall constitute the advisory agency as that term is used in the Subdivision Map Act.
"Subdivision Map Act" shall mean Chapters 1 through 7 of Division 2, Title 7, of the
California Government Code, commencing with Section 66410 thereof.
"Tentative map" shall mean the same as defined in Section 66424.5 of the Subdivision Map
Act.
"Urban lot split" shall mean the division of one (1) R1 (single-family residential) zoned lot
into two (2) single-family zoned lots, which shall only be used for residential uses.
Other definitions. Except as otherwise provided in this Chapter, all terms used in this
Chapter which are defined in the Subdivision Map Act or the Davis -Stirling Common -Interest
Development Act are used in this Chapter as so defined, unless from the context thereof it clearly
appears that a different meaning is intended.
ARTICLE II.
ENVIRONMENTAL AND PLANNING FINDINGS.
SEC. 28.2. - Mandatory finding.
No tentative or final subdivision map hereunder shall be approved unless the proposed
subdivision, together with the provisions for its design and improvement, is consistent with
general plan or applicable precise plan and the city council so finds. Failure of the city council to
so find shall require disapproval of the proposed map.
SEC. 28.2.05. - Permissive findings.
The city council shall deny approval of a tentative or final subdivision map if it makes any
of the following findings:
a. That the proposed map is not consistent with the general and/or applicable precise
plan.
b. That the design or improvement of the proposed subdivision is not consistent with
the general plan and/or applicable precise plan.
C. That the site is not physically suitable for the type of development.
d. That the site is not physically suitable for the proposed density or development.
e. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
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f. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at -large, for access through or use of property within the
proposed subdivision. In this connection, the city council may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent
jurisdiction.
g. That the design and proposed improvements of the subdivision are not consistent
with local guidelines relating to implementation of the California Environmental Quality Act of
1970.
SEC. 28.2.10. - Environmental finding.
The city council shall deny approval of a tentative or final subdivision map if it finds that the
design of the subdivision or the proposed improvements are likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
SEC. 28.2.15. - Compliance with tentative map.
The city council shall not deny approval of a final subdivision map pursuant to Sec. 28.12.05
or 28.12.10 of this Chapter if it has previously approved a tentative map for the proposed
subdivision and if it finds that the final map is in substantial compliance with the previously
approved tentative map.
ARTICLE III.
PRELIMINARY PARCEL MAPS, URBAN LOT SPLITS AND TENTATIVE MAPS.
DIVISION 1.
PRELIMINARY PARCEL MAPS.
SEC. 28.3. - Filing.
One (1) electronic copy of a preliminary parcel map of a proposed division of land and a
completed application form shall be filed with the community development director by the
subdivider or their agent.
A preliminary parcel map and parcel map shall be required for subdivisions as to which a
tentative map and final map is not otherwise required by Chapter 28, Mountain View City Code,
and the Subdivision Map Act. The requirement for a parcel map shall be waived if the subdivision
meets the provisions of Sections 66428.a(1) and (2) of the Subdivision Map Act.
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SEC. 28.3.05. - Lot line adjustment.
No preliminary parcel map or parcel map shall be required for lot line adjustments between
four (4) or fewer existing adjoining parcels where the land taken from one (1) parcel is added to
an adjoining parcel and where a greater number of parcels than originally existing is not thereby
created if the lot line adjustment is approved by the subdivision committee in accordance with
Section 66412(d) of the Subdivision Map Act. The parcels resulting from the lot line adjustment
shall conform to the general plan, any applicable precise plan and zoning and building ordinances.
The lot line adjustment shall be reflected in a deed, which shall be recorded. The subdivision
committee shall review and approve lot line adjustments.
SEC. 28.3.10. - Filing fee.
At the time of filing the preliminary parcel map, the subdivider or their agent shall pay a
filing fee in an amount fixed by resolution or ordinance of the city council.
At the time of filing an application for lot line adjustments, the applicant or their agent shall
pay a filing fee in an amount fixed by resolution or ordinance of the city council.
SEC. 28.3.15. - Form of preliminary parcel map.
A preliminary parcel map shall be prepared by a licensed surveyor or registered civil
engineer. It shall be eighteen (18) inches by twenty-six (26) inches, or twenty-four (24) inches by
thirty-six (36) inches if approved by the city engineer, and shall be drawn to a scale of one inch
to forty feet (1" = 40') or to a scale large enough to show all details clearly; provided, however,
that in the case of a preliminary parcel map relating to very large areas, the community
development director may, in addition, require one (1) map of lesser scale depicting the entire
area. The form of the preliminary parcel map shall adhere to the written requirements of the city
engineer.
SEC. 28.3.20. - Content.
a. The preliminary parcel map shall contain the following information, at a minimum.
The city engineer may require additional information if deemed necessary to review the
proposed subdivision:
1. The name or designation.
2. The north point, scale and description sufficient to locate the property on the
ground.
3. The names and addresses of the record owners, the subdividers and the
registered civil engineer or licensed surveyor who prepared the map.
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ways.
4. The locations, names and present widths of all nearby highways, streets and
5. The approximate radius length and interior angles of all curves.
6. The widths and approximate locations of all existing or proposed easements,
whether public or private, and whether for roads, drainage, sewage, public utilities, bikeways or
any other purpose.
7. A number or letter for each lot.
8. The approximate lot layout and approximate dimensions of each lot.
9. The present and proposed location and outline to scale of any existing buildings
to remain on the property.
10. The proposed use of the property.
11. The public areas proposed for parks, playgrounds, open space and like uses.
12. The proposed method of sewerage and sewage disposal.
13. The names of adjoining property owners.
14. The location of existing utility poles and anchors.
15. Existing contours and any proposed modification to the grading of the land.
16. The size and species of all existing trees.
17. The locations and names of streams, creeks or water courses within one
hundred (100) feet of the property.
18. FEMA special flood hazard zone designation for the area where the property is
located.
19. Whether the property is or is not within a zone of required investigation
pursuant to the State Seismic Hazard Mapping Act and the official Seismic Hazard Zone Maps for
Mountain View.
b. In the event it is impossible or impracticable to place upon the preliminary parcel map
any information hereinabove required, such information shall be furnished in a written
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statement which shall be submitted with the said map. Additionally, written statements shall be
submitted with the preliminary parcel map containing the following information:
1. A copy of any and all existing and proposed restrictive covenants.
2. Reasons purporting to justify any departure from the terms of this Chapter.
SEC. 28.3.25. - Procedure for review and decision of preliminary parcel maps.
a. Subdivision committee. On the date set for consideration of the preliminary parcel
map, the members of the subdivision committee shall present their report and recommendations
and shall hear the comments and opinions of the subdivider and their surveyor or engineer.
Within fifty (50) days after the said copies of the preliminary parcel map have been filed, the
subdivision committee shall approve, conditionally approve or disapprove the said preliminary
parcel map. The fifty (50) day time period specified shall commence after certification of the
environmental report, adoption of a negative declaration or a determination by the city that the
project is exempted from the requirement of Division 13 of the State Public Resources Code.
b. Notification. Within ten (10) days of that action, the secretary of the subdivision
committee shall notify the subdivider in writing of the action taken. In the event of conditional
approval, the subdivider shall be advised of the conditions which attach to the said approval.
C. Time limit. If no action is taken by the subdivision committee within the fifty (50) day
period specified herein, the preliminary parcel map as filed shall be deemed approved unless the
time limit has been extended by mutual consent of the subdivider and the subdivision
committee.
d. Appeals. If the subdivider is dissatisfied with any action of the subdivision committee
with respect to the preliminary parcel map, they may, within fifteen (15) days after notification
of such action, appeal to the city council for a hearing thereon. The city council shall hear the
appeal within thirty (30) days of the time of filing of the appeal or at its next succeeding regular
meeting after receipt of a report of the subdivision committee on the appeal, whichever is
sooner, and shall at that time either approve, conditionally approve or disapprove the said
preliminary parcel map, unless the time limit has been extended by mutual consent of the
subdivider and the city council.
DIVISION 2.
URBAN LOT SPLITS.
SEC. 28.4. - Filing.
One (1) electronic copy of a preliminary parcel map for a proposed urban lot split shall be
filed with the community development director by the subdivider or their agent.
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SEC. 28.4.05. - Filing fee.
At the time of filing the preliminary parcel map for an urban lot split, the subdivider or their
agent shall pay a filing fee in an amount fixed by resolution or ordinance of the city council.
SEC. 28.4.10. - Form of preliminary parcel map for an urban lot split.
A preliminary parcel map for an urban lot split shall be prepared by a licensed surveyor or
registered civil engineer. It shall be eighteen (18) inches by twenty-six (26) inches, or twenty-four
(24) inches by thirty-six (36) inches if approved by the city engineer, and shall be drawn to a scale
of one inch to forty feet (1" = 40') or to a scale large enough to show all details clearly; provided,
however, that in the case of a preliminary parcel map relating to very large areas, the community
development director may, in addition, require one (1) map of lesser scale depicting the entire
area. The form of the preliminary parcel map shall adhere to the written requirements of the city
engineer.
SEC. 28.4.15. - Content.
a. The preliminary parcel map for an urban lot split shall contain the following
information, at a minimum. The city engineer may require additional information if deemed
necessary to review the proposed subdivision:
1. The name or designation.
2. The north point, scale and description sufficient to locate the property on the
ground.
3. The names and addresses of the record owners, the subdividers and the
registered civil engineer or licensed surveyor who prepared the map.
ways.
4. The locations, names and present widths of all nearby highways, streets and
5. The approximate radius length and interior angles of all curves.
6. The widths and approximate locations of all existing or proposed easements
whether public or private and whether for roads, drainage, sewage, public utilities, bikeways or
any other purpose.
7. A number or letter for each lot.
8. The approximate lot layout and approximate dimensions of each lot.
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9. The present and proposed location and outline to scale of any existing buildings
to remain on the property.
10. The proposed use of the property.
11. The footprint and type of all residential dwelling units that are to be demolished,
to remain or proposed.
12. The proposed method of sewerage and sewage disposal.
13. The names of adjoining property owners.
14. The location of existing utility poles and anchors.
15. Existing contours and any proposed modification to the grading of the land.
16. The size and species of all existing trees
17. The locations and names of streams, creeks or water courses within one
hundred (100) feet of the property.
18. FEMA special flood hazard zone designation for the area where the property is
located.
19. Whether the property is or is not within a zone of required investigation
pursuant to the State Seismic Hazard Mapping Act and the official Seismic Hazard Zone Maps for
Mountain View.
b. Additionally, written statements shall be submitted with the preliminary parcel map
for an urban lot split containing the following information:
1. Signed affidavit stating that the applicant intends to occupy one (1) of the units
as their primary residence for at least three (3) years, unless the applicant is community land
trust or a qualified nonprofit corporation as described in the California Government Code.
2. A copy of any and all existing and proposed restrictive covenants.
3. Reasons purporting to justify any departure from the terms of this Chapter.
SEC. 28.4.20. - Procedure for review and decision of preliminary parcel maps for urban lot splits.
a. Community development director. Within fifty (50) days after the said copies of the
preliminary parcel map have been filed, the community development director or their agent shall
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approve or disapprove the said preliminary parcel map, unless the time limit has been extended
by mutual consent of the subdivider and the community development director.
Notwithstanding anything else in this Section, the city may deny an application for an
urban lot split 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(8).
b. Notification. Within ten (10) days of the action, the subdivider shall be notified in
writing of the action taken.
C. Parcel map. Following an approval of a preliminary parcel map for an urban lot split,
the subdivider shall file an application for a parcel map to the city engineer or designee, pursuant
to the requirements set forth in Sec. 28.6, et seq.
SEC. 28.4.25. - Improvements.
No off-site improvement or land dedication shall be required for an urban lot split, including
undergrounding of electric, communication or similar or associated utility services. Easement(s)
may be required for the provision of public services, facilities and access to the parcel(s) created
by the urban lot split.
DIVISION 3.
TENTATIVE MAPS.
SEC. 28.5. - Filing.
One (1) electronic copy of a proposed division of land and a completed application form
shall be filed with the community development director by the subdivider or their agent. The
community development director shall stamp or write on each copy of said tentative map the
date of receipt thereof and shall return one (1) copy to the person filing said map.
SEC. 28.5.05. - Filing fee.
At the time of filing the tentative map, the subdivider or their agent shall pay a filing fee in
an amount fixed by resolution or ordinance of the city council.
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SEC. 28.5.10. - Form of tentative map.
A tentative map shall be prepared by a licensed surveyor or registered civil engineer. It shall
be eighteen (18) inches by twenty-six (26) inches, or twenty-four (24) inches by thirty-six (36)
inches if approved by the city engineer, and shall be drawn to a scale of one inch to one hundred
feet (1" = 100') or to a scale large enough to show all details clearly; provided, however, that in
the case of tentative maps relating to very large tracts, the community development director, in
addition, may require one (1) map of lesser scale depicting the entire tract.
SEC. 28.5.15. - Content.
a. The tentative map shall contain the following information, at a minimum. The city
engineer may require additional information if deemed necessary to review the proposed
subdivision:
1. The tract number, name or designation.
2. The north point, scale and a description sufficient to locate the property on the
ground.
3. The names and addresses of the record owners, the subdividers and the
registered civil engineer or licensed surveyor who prepared the map.
ways.
4. The locations, names and present widths of all nearby highways, streets and
5. The approximate radius length and interior angles of all curves.
6. The widths and approximate locations of all existing or proposed easements,
whether public or private, and whether for roads, drainage, sewage, public utilities, bikeways or
any other purposes.
7. A number or letter for each lot.
8. The approximate lot layout and approximate dimensions of each lot.
9. The present and proposed location and outline to scale of any existing buildings
to remain on the property.
10. The proposed use of the property.
11. The public areas proposed for parks, playgrounds, open space and like uses.
12. The proposed method of sewerage and sewage disposal.
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13. The names of adjoining property owners.
14. The location of existing utility poles and anchors.
15. The size and species of all existing trees.
16. The locations and names of streams, creeks or watercourse within one hundred
(100) feet of the property.
17. FEMA special flood hazard zone designation for the area where the property is
located.
18. Whether the property is or is not within a zone of required investigation
pursuant to the State Seismic Hazard Mapping Act and the official Seismic Hazard Zone Maps for
Mountain View.
19. Whether phased or multiple final maps will be filed on the tentative map.
b. In the event it is impossible or impracticable to place upon the tentative map any
information hereinabove required, such information shall be furnished in a written statement
which shall be submitted with said map. In addition to the above, the following information shall
be submitted with the tentative map:
1. A grading plan showing existing and proposed grades and the method of
disposing of storm waters.
2. A copy of any and all existing and proposed restrictive covenants.
3. Reasons purporting to justify any departures from the terms of this Chapter.
SEC. 28.5.20. - Procedure for review and decision of tentative maps.
a. Subdivision committee. Within fifty (50) days after the required number of copies of
the tentative map have been filed, the subdivision committee shall review and consider the
tentative map. The fifty (50) day time period specified shall commence after certification of the
environmental report, adoption of a negative declaration or a determination by the city that the
project is exempted from the requirement of Division 13 of the State Public Resources Code.
After giving due consideration to the tentative map, any supporting materials or comments
submitted by the subdivider and any relevant staff reports, comments and recommendations,
the subdivision committee shall either recommend approval, conditional approval or disapproval
of said tentative map to the city council. The recommendation of the subdivision committee
regarding said tentative map shall take the form of a written report. Unless the time limit
hereinafter mentioned has been extended by the mutual consent of the subdivider and the
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subdivision committee, said written report shall be transmitted by the subdivision committee to
the city council within fifty (50) days after the tentative map has been filed, and a copy of said
written report shall be provided to the subdivider.
b. Fixing of hearing date before the city council and notice thereof. At the next regular
meeting of the city council following receipt of the subdivision committee's report, the city
council shall fix a meeting date, at which it will consider said tentative map, which meeting date
shall be within thirty (30) days thereafter. The thirty (30) day time period specified shall
commence after certification of the environmental report, adoptions of a negative declaration or
a determination by city that the project is exempted from the requirements of Division 13 of the
State Public Resources Code. Notice of the time and place of said council meeting, including a
general description of the location of the subdivision or proposed subdivision, shall be given at
least ten (10) days before the meeting. Such notice shall be given by publication once in a
newspaper of general circulation published and circulated in the city or if there is none by posting
the notice in at least three (3) public places in the city, or by publication in a newspaper of general
circulation printed and published in the County of Santa Clara and circulated in the city. The city
shall provide notice of the application to all persons, including businesses, corporations or other
public or private entities, shown on the last equalized assessment roll, as owning real property
within three hundred (300) feet of the property which is the subject of the application.
1. The notice shall be given by at least one (1) of the following methods:
(a) Direct mailing to the owners.
(b) Posting of notice by the city on and off the site in the area where the
project is to be located.
(c) Delivery of notice by any means other than mail to the owners.
(d) Any other method reasonably calculated by the city to provide actual
notice of the hearing.
2. Nothing contained in this Section shall preclude the city from providing
additional notice by other means, nor shall the requirements of this Section preclude the city
from providing the necessary notice at the same time and in the same manner as public notice
otherwise required by law for such project.
C. Consideration by the city council. On the date set by the city council for consideration
of the tentative map, or on such other date as the city council may continue the matter, the city
council shall either approve, conditionally approve or disapprove the tentative map. If no action
is taken by the city council within thirty (30) days after the date the city council fixes a meeting
date to consider said tentative map, the tentative map, as filed, shall be deemed to be approved,
insofar as it complies with other applicable provisions of the Subdivision Map Act and of this
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Chapter, unless the said time limit has been extended by the mutual consent of the subdivider
and the city council.
d. Notification. The city council shall notify the subdivider in writing of the action taken.
In the event of a conditional approval, the subdivider shall be advised of the conditions which are
attached to the said approval.
ARTICLE IV.
PARCEL MAPS AND FINAL MAPS.
DIVISION 1.
PARCEL MAPS.
SEC. 28.6. - Filing.
a. Procedure. Within twenty-four (24) months after approval or conditional approval of
the preliminary parcel map, the subdivider may cause a parcel map to be prepared in accordance
with the approved preliminary parcel map, the provisions of this chapter and the Subdivision
Map Act. The subdivider shall submit calculations indicating lot closures and areas and two (2)
copies of the parcel map to the public works director for review prior to filing.
b. Fee. In addition to all other fees or charges required by law, with the initial submittal
of the parcel map for review, the subdivider shall pay a map checking fee in an amount fixed by
resolution or ordinance of the city council.
C. Extension of time. Upon application of the subdivider, an extension of time not to
exceed an additional twelve (12) months may be granted by the subdivision committee. Prior to
the expiration of an approved or conditionally approved preliminary parcel map, upon the
application by the subdivider to extend that map, the map shall automatically be extended for
sixty (60) days or until the application for the extension is approved, conditionally approved or
denied, whichever occurs first. In the event the subdivision committee denies a subdivider's
application for extension of time, the subdivider may, within fifteen (15) days after such action,
appeal to the city council.
d. Effect of failure to record. The failure to record a parcel map within a period of
twenty-four (24) months afterthe approval or conditional approval of the preliminary parcel map
or any extension thereof granted by the subdivision committee shall terminate all proceedings.
Before a parcel map may thereafter be recorded a new preliminary parcel map shall be
submitted.
SEC. 28.6.05. - Form.
a. General. A parcel map shall be prepared by a registered civil engineer or licensed land
surveyor. It shall be a map legibly drawn, printed or reproduced by a process guaranteeing a
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permanent record in black on tracing cloth or polyester base film, including affidavits, certificates
and acknowledgments, except that such certificates may be legibly stamped or printed upon the
map with opaque ink. If ink is used on polyester -base film, the ink surface shall be coated with a
suitable substance to assure permanent legibility. The size of each sheet shall be eighteen (18)
inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet,
leaving an entirely blank margin of one (1) inch. The scale of the map shall be large enough to
show all details clearly and enough sheets shall be used to accomplish this end. The particular
number of the sheet and the total number of sheets comprising the map shall be stated on each
of the sheets, and its relation to each adjoining sheet shall be clearly shown. The exterior
boundary of the land included within the parcel or parcels being created shall be indicated by
distinctive symbols and clearly so designated. The border must not obliterate figures or other
data, but it must be dark enough to show on a normal reproduction.
b. Titles. The title sheet shall contain the title "Parcel Map" and a subtitle giving a
general description of the property being mapped by reference to maps which have previously
been recorded or by reference to the plat of any United States survey. References to tracts and
divisions of land in the description must be spelled out and worded identically with original
records, and references to book and page numbers must be complete. The title sheet shall
contain the basis of bearing. Each parcel shall be shown complete on one (1) sheet. Every sheet
comprising the map proper shall be shown complete on one (1) sheet. Every sheet comprising
the map proper shall be drawn to the same scale, bear the title (but not subtitle), north point and
sheet numbers. If more than one (1) sheet is required, the title sheet shall contain a small-scale
undimensioned map of the complete division of land.
SEC. 28.6.10. - Content.
The parcel map shall contain the following information:
a. The boundaries of the property, the lines of all proposed streets and alleys with their
widths and names and any other portions intended to be dedicated to the public use. In the case
of branching streets, the line or departure from one (1) street to another shall be indicated.
b. The lines of all adjoining properties, the lines of adjacent streets and alleys, showing
their widths and names.
C. Wherever the city has established a system of coordinates, the survey shall be tied
into such system.
d. All lot lines, numbers for all lots and blocks and easements with figures showing their
dimensions and recording data clearly labeled and identified, including building setback lines. A
statement or map from the respective utility companies showing required easements to provide
their service may be required by the public works director for checking the parcel map.
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e. All dimensions, both linear and angular, for locating boundaries of subdivisions, lot,
street and alley lines, easements and any other public and private uses. The linear dimensions
shall be expressed in feet and decimals of a foot.
f. All permanent monuments, together with their descriptions showing fully and clearly
their location and size, and if any points were reset by ties, that fact shall be stated.
g. City boundaries which cross or adjoin the division of land shall be clearly designated
and located in relation to adjacent lot or block lines.
h. Area of parcels created, shown to the nearest square foot or one -thousandth
(1/1,000) of an acre.
The following certificates and acknowledgments must appear on the title sheet of all
such parcel maps:
1. Certificate of surveyor or engineer with their registered engineer's number or
licensed land surveyor's number.
2. Certificate of approval by the city engineer.
3. Certificate for execution by the county recorder.
4. A statement signed and acknowledged by all parties having record title interest
in the real property subdivided, consenting to the preparation and recordation of the parcel map
pursuant to Section 66445 of the Subdivision Map Act.
Such title sheet shall also contain such other affidavits, certificates, acknowledgments,
endorsements and notarial seals as are required by law and this Chapter. Such title sheet shall
be arranged so places requiring notarial seals shall be as near as possible to the border lines.
SEC. 28.6.15. - Survey requirements.
The parcel map shall be based on a field survey made in conformance with the Land
Surveyor's Act or compiled from recorded or filed data when survey information exists on filed
maps to sufficiently locate and retrace the exterior boundary lines of the parcel map and when
the location of at least one (1) of these boundary lines can be established from an existing
monumented line.
In either of the above cases, each line dividing a parcel shall have iron pipes set at all points
of intersection of lines and at the beginning and end of curves.
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The parcel map shall contain a statement by the engineer or surveyor responsible for the
preparation of the map stating that all monuments or iron pipes are of the character and occupy
the positions indicated or that they will be set in those positions on or before a specified date.
The parcel map shall show the basis of bearings, survey bearings and distances, various
parcels, curve data, ties to adjoining streets and one (1) or more existing monuments of record,
all iron pipes placed in making the survey, and the stakes, monuments or other evidences found
on the ground to determine the boundaries of the area being mapped. If points were reset by
ties, that fact shall be stated.
All maps shall show deed bearings and distances, adjusted bearings and distances, adjoining
corners identified by recording data, names and/or section and range or other proper
designation.
All maps shall show the centerline and monument line, if any, of a street or alley and all
existing monuments along the frontage or the immediate vicinity of the area being mapped.
SEC. 28.6.20. - Other requirements.
The parcel map shall also show all other data and meet all other requirements as may be
required by the Subdivision Map Act.
SEC. 28.6.25. - Form of dedication.
Dedications or offers of dedications required by this Chapter shall be set forth on the face
of the parcel map, and the city manager or designee is authorized to accept the same or shall be
made by separate instrument in a form subject to the approval of the city attorney. All offers of
dedications shall be in such terms as to be binding upon the owners, their heirs, assigns or
successors -in -interest and shall continue until the city accepts, accepts subject to improvements
or rejects the offer. If dedications or offers of dedications are made by separate instrument, such
dedications or offers of dedication shall be recorded concurrently with, or prior to, the parcel
map being filed for record.
SEC. 28.6.30. - Approval and recording of the parcel map.
a. City engineer. Upon receipt of the parcel map, the city engineer shall make such
detailed examination of the map and such field check as may be necessary to enable them to
make the certificate required by the Subdivision Map Act. The city engineer may refer the parcel
map to appropriate city departments for review. The city engineer shall complete their review of
the parcel map within twenty (20) days from the time the parcel map is submitted to them by
the subdivider for approval or within such additional time as may be reasonably necessary. If the
parcel map conforms to the approved preliminary parcel map and the conditions of approval
have been completed to the satisfaction of the city engineer and all provisions of appropriate
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state law and this Chapter, the city engineer shall complete the city engineer's certificate
thereon.
b. Copy of recorded parcel map. The subdivider shall furnish to the city a copy of the
recorded parcel map on material as prescribed by the city engineer.
SEC. 28.6.35. - Improvements.
a. Subdivider's obligations. The subdivider shall grade and improve all land dedicated
or to be dedicated for streets, highways, public ways and easements, and all private streets and
private easements laid out in such a manner and with such improvements, and do all such other
work of improvements as are necessary for the general use of the lot owners in the division of
land and local neighborhood traffic and as may be required by this Chapter.
b. Agreement to construct improvements. If any improvements are not completed to
the satisfaction of the city engineer before the parcel map is recorded, the subdivider shall, prior
to the approval by the city engineer of the parcel map, enter into an agreement with the City of
Mountain View, whereby in consideration of the approval of the division of land, the subdivider
agrees to furnish all necessary equipment and materials and to complete such work within the
time specified within such agreement. The said agreement may, at the option of the city, be
recorded.
C. Bonding for improvements. The agreement referred to in the preceding paragraph
shall be accompanied by a faithful performance bond guaranteeing faithful performance of all
work, inspection of which is the duty of the city engineer, in a penal sum which in the opinion of
the city engineer is equal to the cost of the said improvements, and by a labor and materials bond
guaranteeing the necessary labor and materials in a penal sum which in the opinion of the city
engineer is equal to the cost of said improvements.
d. Release of bonds. All improvement security shall be maintained in full force and effect
for a period of twelve (12) months following acceptance of all improvements by the city to assure
the proper completion or maintenance of the work; provided that substitution or partial release
of security may be authorized by the city engineer if, in the city engineer's opinion, such
substitution or partial release is consistent with proper completion or maintenance of the work
and protection of possible lien holder; and further provided that the amount of the continuing
security shall in no case be less than twenty-five (25) percent of the amount of the original
security.
e. Insurance. The subdivider shall obtain commercial general liability insurance and
automobile liability insurance, each written on an occurrence basis in the amount not less than
one million dollars ($1,000,000) per occurrence. All certificates of insurance must name the City
of Mountain View, and the city's officers, employees and volunteers as additional insured and
must be accompanied by an additional insured endorsement. Each insurance policy shall be
endorsed that a thirty (30) day notice be given to the city in the event of cancellation or
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modification to the stipulated insurance coverage. Insurance shall be provided through carriers
with an A.M. Best's Rating of A:VII or higher. Insurance, deductibles or self-insurance retentions
shall be subject to the city's approval. Original certificate of insurance with endorsements shall
be received and approved by the city before work commences, and insurance must be in effect
for the duration of the agreement referred to in subsection (b). The amount and the terms of
insurance coverage required may change from time to time by the city.
If the subdivider and/or its contracting party is a company with employees, the
subdivider shall obtain and maintain statutory workers' compensation insurance and employer's
liability insurance in the amount not less than one million dollars ($1,000,000) per accident. The
amount and terms of this insurance coverage required may change from time to time by the city
or by law.
DIVISION 2.
FINAL MAPS.
SEC. 28.7. - Filing.
a. Procedure. Within twenty-four (24) months after approval or conditional approval of
the tentative map of a subdivision, the subdivider may cause a final map to be prepared in
accordance with the approved tentative map, the provisions of this Chapter and the Subdivision
Map Act. The subdivider shall submit calculations indicating lot closures and areas and four (4)
copies of the final map to the city engineer for review by the appropriate departments and
presentation to the city council. In all instances, except where the final map is for the purpose of
effecting a reversion to acreage, the final map shall be based on an accurate survey of the land
in question.
b. Fee. In addition to all other fees and charges required by law, with the initial submittal
of the final map for review, the subdivider shall pay a map checking fee, the amount of which
shall be set by resolution or ordinance of the city council.
C. Extension of time. The time for filing a final map may be extended not to exceed
twelve (12) months by the city council. If the time extension does not involve amending the
approved tentative map conditions or adding new map conditions, the time extension not to
exceed twelve (12) months may be granted by the subdivision committee.
d. Effect of failure to record. The failure to record a final map within a period of twenty-
four (24) months after the approval or conditional approval of the tentative map or any extension
thereof granted by the city council, or by the subdivision committee as provided in subsection
(c), shall terminate all proceedings. Before a final map may thereafter be recorded, a new
tentative map shall be submitted.
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SEC. 28.7.05. - Form.
a. General. A final map shall be prepared by a registered civil engineer or licensed land
surveyor. It shall be a map legibly drawn, printed or reproduced by a process guaranteeing a
permanent record in black on tracing cloth or polyester -base film, including affidavits, certificates
and acknowledgments, except that such affidavits, certificates and acknowledgments may be
legibly stamped or printed upon the map with opaque ink. If ink is used on polyester -base film,
the ink surface shall be coated with a suitable substance to assure permanent legibility. The size
of each sheet shall be eighteen (18) by twenty-six (26) inches. A marginal line shall be drawn
completely around each sheet, leaving an entirely blank margin of one (1) inch. The scale of the
map shall be large enough to show all details clearly and enough sheets shall be used to
accomplish this end. The particular number of the sheet and the total number of sheets
comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet
shall be clearly shown. The boundary of the mapped area shall be designated by a one-eighth
(1/8) inch blue border applied on the reverse side of the tracing and inside the boundary line.
The border must not obliterate figures or other data, but it must be dark enough to show on a
normal reproduction. It shall show all survey and mathematical information and data necessary
to locate all monuments and to locate and retrace any and all interior and exterior boundary lines
appearing thereon, including bearings and distances of straight lines, and radii and arc length or
chord bearings and length for all curves, and such information as may be necessary to determine
the location of the centers of curves.
b. Title and subtitle. The title of each such final map shall consist of a tract number and
a name, if any, including the current address, conspicuously placed at the top of the sheet. The
title sheet shall also contain a subtitle giving a general description of the property being
subdivided by reference to maps which have been previously recorded, or by reference to the
plat of any United States survey. Each reference in such description to any tract or subdivision
shall be spelled out and worded identically with the original record thereof and reference to book
and page of record must be complete.
SEC. 28.7.10. - Content.
The final map shall contain the following information:
a. The boundaries of the property, the lines of all proposed streets and alleys with their
widths and names, and any other portions intended to be dedicated to the public use. In the case
of branching streets, the line of departure from one street to another shall be indicated.
b. The lines of all adjoining properties, the lines of adjacent streets and alleys, showing
their widths and names.
C. Wherever the city has established a system of coordinates, the survey shall be tied
into such system.
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d. All lot lines, numbers for all lots and blocks and easements with figures showing their
dimensions and recording data clearly labeled and identified. A statement or map from the
respective utility companies showing required easements to provide their service may be
required by the public works director for checking the final map.
e. All dimensions, both linear and angular, for locating boundaries of subdivisions, lot,
street and alley lines, easements and any other public and private uses. The linear dimensions
shall be expressed in feet and decimals of a foot.
f. All permanent monuments together with their descriptions showing fully and clearly
their location and size, and if any points were reset by ties, that fact shall be stated.
g. City boundaries which cross or adjoin the subdivision shall be clearly designated and
located in relation to adjacent lot or block lines.
h. Area of parcels created, shown to nearest square foot or one -thousandth (1/1,000)
of an acre.
i. The following certificates and acknowledgments must appear on the title sheet of all
such final maps:
1. Certificate of surveyor or engineer with their registered engineer's number or
licensed land surveyor's number.
2. Certificate executed by those parties having any record title interest in the real
property being subdivided consenting to the preparation and recordation of the final map and
acknowledging and offering dedications, if any.
3. Certificate of approval by the city engineer showing, among other things, that
the final map is substantially the same as the approved tentative map and the date of approval
of the tentative map.
4. Certificate for execution by the city clerk stating that the city council approved
the final map and accepted the offer of dedications and made any and all findings required
pursuant to Article VII of this Chapter.
5. Certificate for execution by the county recorder. Such title sheet shall also
contain such other affidavits, certificates, acknowledgments, endorsements and notarial seals as
are required by law and this Chapter. Such title sheet shall be arranged so places requiring
notarial seals shall be as near as possible to the border line.
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SEC. 28.7.15. - Survey requirements.
a. The final map shall be based on a field survey made in conformance with the Land
Surveyor's Act. Permanent monuments shall be set at all street intersections and between street
intersections where necessary to preserve the street alignment. Permanent monuments shall be
as shown in the standard provisions of the City of Mountain View. In general, the permanent
street monuments shall be located five (5) feet south and east of points to be monumented. Iron
pipes shall be placed in the ground at all boundary corners, lot corners, angle points and
beginning and termination of curves on lot lines. All monuments and iron pipes shall be subject
to inspection and approval by the public works director before transmission of the final map to
the city council, unless their installation has been deferred, as hereinafter provided.
1. Deferment. In the event any of the monuments required to be set are to be set
subsequent to the recordation of the final map, the map shall show which monuments are to be
so set.
b. The final map shall show the basis of bearings, survey bearings and distances, various
parcels, curve data, ties to adjoining streets and one (1) or more existing monuments of record,
all iron pipes placed in making the survey, and the stakes, monuments or other evidences found
on the ground to determine the boundaries of the area being mapped. If points were reset by
ties, that fact shall be stated.
C. All maps shall show deed bearings and distances, adjusted bearings and distances,
adjoining corners identified by recording data, names and/or section and range or other proper
designation.
d. All maps shall show the center line and monument line, if any, of a street or alley, and
all existing monuments along the frontage or the immediate vicinity of the area being mapped.
SEC. 28.7.20. - Other requirements.
The final map shall also show all other data as may be required by law.
SEC. 28.7.25. - Approval and recording of the final map.
The final map shall be processed by the city in the following manner:
a. City engineer. Upon receipt of the final map, which must bear the signature of the
surveyor or engineer and of all owner or owners, the city engineer shall check it as to correctness
of surveying data, certificates of dedication and such other matters as require checking to assure
compliance with the provisions of law and of this Chapter. If the final map is in the correct form
prescribed by this Chapter and the Subdivision Map Act and the matters shown thereon are
sufficient and all conditions of approval have been completed to the satisfaction of the city
engineer, the city engineer shall complete the city engineer's certificate in the form prescribed
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by the Subdivision Map Act. The city engineer shall thereupon present the said map, together
with the said other materials, to the city council for their acceptance.
The date the map shall be deemed filed with the city council is the date of the meeting
at which the city council receives the map.
b. City council. The city council shall, at the meeting at which it receives the map, or at
its next regular meeting after the meeting at which it receives the map, approve said map if the
same conforms to all the requirements of this Chapter and the Subdivision Map Act applicable at
the time of approval of the tentative map and any rulings made thereunder. The city council shall,
at that time, also accept, accept subject to improvements or reject any and all offers of
dedications of land for public use.
After the map has been recorded, the subdivider shall provide the city engineer with
one (1) electronic copy and one (1) duplicate tracing of each sheet on a material approved by the
city engineer. If the map is disapproved by the city council, it shall be returned with the reasons
for such disapproval to the city engineer, who shall return the same to the subdivider.
SEC. 28.7.30. - Improvements.
a. Subdivider's obligations. The subdivider shall grade and improve all land dedicated
or to be dedicated for streets, highways, public ways and easements, and all private streets and
private easements laid out in such a manner and with such improvements, and do all such other
work of improvements as are necessary for the general use of the lot owners in the division of
land and local neighborhood traffic and as may be required by this Chapter.
b. Agreement to construct improvements. If any improvements are not completed to
the satisfaction of the city engineer before the final map is recorded, the subdivider shall, prior
to the approval by the city council of the final map, enter into an agreement with the City of
Mountain View whereby in consideration of the approval of the division of land, the subdivider
agrees to furnish all necessary equipment and materials and to complete such work within the
time specified within such agreement. The said agreement may, at the option of the city, be
recorded.
C. Bonding for improvements. The agreement referred to in the preceding paragraph
shall be accompanied by a faithful performance bond guaranteeing faithful performance of all
work, the inspection of which is the duty of the city engineer, in a penal sum which, in the opinion
of the city engineer, is equal to the cost of the said improvements and by a labor and materials
bond guaranteeing the necessary labor and materials in a penal sum which, in the opinion of the
city engineer, is equal to the cost of the said improvements.
d. Release of bonds. All improvement security shall be maintained in full force and effect
for a period of twelve (12) months following acceptance of all improvements by the city to assure
the proper completion or maintenance of the work; provided that substitution or partial release
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of security may be authorized by the city engineer if, in the city engineer's opinion, such
substitution or partial release is consistent with proper completion or maintenance of the work
and protection of possible lien holder; and further provided that the amount of the continuing
security shall in no case be less than twenty-five (25) percent of the amount of the original
security.
e. Insurance. The subdivider shall obtain commercial general liability insurance and
automobile liability insurance, each written on an occurrence basis in the amount not less than
one million dollars ($1,000,000) per occurrence. All certificates of insurance must name the City
of Mountain View and the city's officers, employees and volunteers as additional insured and
must be accompanied by an additional insured endorsement. Each insurance policy shall be
endorsed that a thirty (30) day notice be given to the city in the event of cancellation or
modification to the stipulated insurance coverage. Insurance shall be provided through carriers
with an A.M. Best's Rating of A:VII or higher. Insurance, deductibles or self-insurance retentions
shall be subject to the city's approval. Original certificate of insurance with endorsements shall
be received and approved by the city before work commences, and insurance must be in effect
for the duration of the agreement referred to in subsection (b). The amount and the terms of
insurance coverage required may change from time to time per city requirements.
If the subdivider and/or the subdivider's contracting party is a company with
employees, the subdivider shall obtain and maintain statutory workers' compensation insurance
and employer's liability insurance in the amount not less than one million dollars ($1,000,000)
per accident. The amount and terms of this insurance coverage required may change from time
to time by the city or by law.
ARTICLE V.
DESIGN STANDARDS.
DIVISION 1.
GENERAL.
SEC. 28.8. - Applicability.
Unless otherwise proposed by the subdivider and approved by the subdivision committee
or the city council, streets within a division of land shall be subject to the following regulations.
SEC. 28.8.05. - Duty to improve; Manner.
The subdivider shall agree to improve all streets, highways or public ways which are a part
of or adjacent to the division of land. All street improvements must be according to standards
established by the City of Mountain View, shall be constructed under the inspection of and to the
approval of the public works director and shall include, but not be limited to, necessary paving,
curbs, gutters, sidewalks, bikeways, catch basins, pipes, culverts, bridges, storm drains, sanitary
sewers and laterals, water mains and services, fire hydrants, street lighting, street monuments,
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street signs and street trees and such other specific improvements as may be required to meet
the conditions created by any particular development. All underground utilities installed in
streets, service roads, alleys or highways shall be constructed prior to the surfacing of such street,
service road, alley or highway. Connections for all underground utilities, water, storm and
sanitary sewers shall be laid to such length as will obviate the necessity for disturbing the street
or alley improvements when service connections thereto are made. The cost of inspection shall
be paid by the subdivider in the amounts set by resolution or ordinance of the city council. This
cost of inspection shall be paid to the city prior to approval of the parcel map or final map.
SEC. 28.8.10. - Plans and specifications.
Plans and specifications for all improvement work are to be provided by the subdivider and
shall be submitted to and approved by the public works director before any improvement work
is commenced. The cost of checking the plans and specifications shall be set by resolution or
ordinance of the city council and shall be paid by the subdivider:
a. With the initial submittal of the improvement plans based on an initial estimate of the
cost of improvements; and
b. Prior to approval of the parcel map or final map based on the final estimate of the
cost of improvements in accordance with the approved plans less the amount previously paid
with the initial submittal.
After the plans are approved, the subdivider shall provide the city with the original tracing
(or duplicate tracing) of a quality acceptable to the public works director. Job or construction
surveying and stakes shall be the responsibility of the subdivider.
SEC. 28.8.15. - Drainage, access and public safety structure.
Structures for drainage, access or public safety shall be installed when it is deemed
necessary by the public works director.
SEC. 28.8.20. - Street width.
The right-of-way width of any street or thoroughfare shall be as provided in Article V of
Chapter 27 of the Mountain View City Code, being the street improvement standards ordinance
of the city, or such width and alignment as shown on any street plans or precise plan of streets
adopted by resolution of the city council. The minimum standard street right-of-way width shall
be at least sixty (60) feet. In such cases as special circumstances may warrant, the subdivision
committee or the city council may authorize a street of lesser right-of-way width, but not less
than fifty (50) feet, unless a further reduction in right-of-way width is authorized as an integral
part of a planned unit development and established pursuant to the provisions of Chapter 36 of
the Code of the City of Mountain View.
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SEC. 28.8.25. - Alley widths.
The minimum width of an alley right-of-way shall be twenty (20) feet.
SEC. 28.8.30. - Dead-end streets (cul-de-sacs).
The design of a dead-end street (cul-de-sac) shall include adequate provisions for drainage
and for a turnaround at the end of the street. In residential subdivisions, a turning circle with a
minimum radius of at least forty (40) feet at the face of the curb and at least fifty (50) feet at the
property line shall be provided. In industrial subdivisions, a turning circle with a minimum radius
of at least fifty (50) feet at the face of the curb and at least sixty (60) feet at the property line
shall be provided. Dead-end streets (cul-de-sacs) shall not exceed a length of seven hundred (700)
feet in the R1 and R2 residential zoning districts or four hundred (400) feet in all other zoning
districts, all measured from the center of the turning circle to the intersection of the street
centerline, unless topography or other special conditions warrant a longer street and specific
authorization for such longer street is obtained from the subdivision committee or the city
council as appropriate.
SEC. 28.8.35. - Relation to adjacent street systems.
Streets within a division of land shall be designed to relate in the following ways to adjacent
street systems:
a. Alignment. Alignment of streets in new divisions of land shall conform to and provide
for the continuation of the principal adjacent preexisting streets or their proper projection where
adjoining property has not been developed.
b. Width. The streets shall be at least as wide as the preexisting streets to which they
relate and shall be situated in such a way as to accommodate rational future access and street
patterns.
C. Intersection at right angles. Streets shall intersect at right angles or at nearly right
angles unless otherwise approved by the public works director.
d. Access control strip. Whenever the preliminary parcel map ortentative map indicates
that an unfinished street or half -street within a division of land abuts adjacent land and it is the
intention of the city that the street eventually will extend over or be completed upon the said
adjacent land, the subdivision committee or the city council shall require the subdivider to
dedicate to the city in fee a one (1) foot strip along the perimeter portion of the unfinished street
or half -street which abuts the adjacent land for the purpose of controlling access to the said
street from the adjacent land.
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SEC. 28.8.40. - Relationship to transit rights-of-way.
The streets within a division of land shall be designed to relate in the following ways to
adjacent railroad and transit rights-of-way.
a. Grade separations. Wherever any street within a division of land intersects a railroad
or transit right-of-way and the subdivision committee or the city council in the exercise of its
discretion concludes that a grade separation or underpass should ultimately be installed at such
intersection, the street layout of the division of land shall be such as to conform to the plan for
such grade separation or underpass, and each lot abutting upon a proposed cut or fill necessary
for the approach to such grade separation or underpass shall be given suitable access elsewhere.
b. Streets in industrial area. When a division of land adjoins a railroad or transit right-
of-way in an area of the city designated for industrial use by the general plan of the City of
Mountain View, streets within the division of land running in the same general direction as the
said right-of-way and adjacent to it shall be as nearly parallel to such right-of-way as possible and
at least one (1) lot depth distance therefrom.
C. Transit stops. Where any proposed street in a division of land constitutes or is likely
to constitute a part of a transit system for the movement of people within the city or region, said
streets shall be designed in such a way as to provide convenient areas for the stopping, loading
and unloading of transit vehicles within the public right-of-way.
SEC. 28.8.45. - Street names.
a. Public streets. Street names shall not duplicate or phonetically approximate the
names of other streets within the city or its environs. Extensions of preexisting streets shall bear
the name of the preexisting street. All street names shall be subject to the approval of the public
works director.
b. Private ways. Private streets, driveways or drives which are to be named shall also be
subject to the provisions of this Section.
SEC. 28.8.50. - Street trees.
Trees shall be planted along all streets and public ways included within and bordering
divisions of land pursuant to the master street tree plan for the city and to the approval of the
community services director. The said trees shall be kept watered by the subdivider or
subsequent owners of said lots to which they relate.
SEC. 28.8.55. - Lighting.
All lighting on dedicated rights-of-way shall be installed on ornamental lighting equipment
or electrolier standards as required by the public works director.
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SEC. 28.8.60. - Signs and posts.
Street signs and posts shall be installed as required by the public works director.
SEC. 28.8.65. - Division of land into large lots.
a. Dimensions. Except where a different length is required or permitted by the
provisions of the zoning ordinance, blocks shall have a length of not more than nine hundred
(900) feet between street centerlines unless the designing of blocks adjacent to the proposed
division of land, or other special conditions, justify departure from this requirement.
b. Division of land into large lots. Wherever land is divided into lots which average one
(1) acre or more, blocks shall be designed as to provide for the opening of streets at intervals
sufficient to permit the subsequent division of any such lot into lots of smaller size.
SEC. 28.8.70. - Pedestrian ways and bikeways.
All divisions of land shall be designed in such a way as to include public rights-of-way for
pedestrian and for bicycle movement, which rights-of-way may be required to be separate from
streets. The location and improvement of these rights-of-way shall be designed in such a way as
to maximize: (1) convenience of movement throughout the subdivision; (2) access to community
facilities; and (3) safety of persons using said pedestrian ways and bikeways.
DIVISION 2.
UTILITIES.
SEC. 28.9. - Utilities.
Unless otherwise proposed by the subdivider and approved by the subdivision committee
or the city council, utilities within a division of land shall be subject to the following provisions.
SEC. 28.9.05. - Easements.
Wherever necessary for the installation, operation and maintenance of utilities and utility
accessories, easements shall be provided along any front, side or rear lot or across lots as may be
required by the public works director.
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SEC. 28.9.10. - Installation.
The following provisions shall govern with respect to the installation of the various utilities
within a division of land:
a. Sanitary sewers. Sanitary sewer facilities shall be installed to serve each lot and to
alignments, grades and sizes approved by the public works director. In general, sewer mains shall
be located on street centerlines. Required capacity -based charges pursuant to Chapter 35 shall
be paid prior to the approval of the final or parcel map or issuance of any building permits. The
amount of this charge shall be set by resolution or ordinance of the city council.
b. Stormwater drainage. Stormwater drainage facilities and appurtenances shall be
installed within the division of land as required by the public works director. In general,
stormwater mains shall be located approximately twelve (12) feet south and east of street
centerlines. The amount of the required storm drainage contribution for the subdivider's share
of the cost of necessary storm sewers and drainage ditches outside of the division of land shall
be set by resolution or ordinance of the city council and shall be payable prior to approval of the
final or parcel map. The contribution shall be computed on the gross area of the division of land.
In the event the division of land will abut one (1) or more public streets, the area shall include
the area of the abutting streets to the centerline of said streets. The contribution shall be used
exclusively for the construction of storm drainage facilities to serve the drainage needs of the
City of Mountain View.
C. Water facilities and fire hydrants. Water facilities and fire hydrants shall be installed
as required by the public works director. In general, water mains shall be located approximately
six (6) feet north and west of street centerlines. Water services and water meters shall be
installed to serve each lot. Required capacity -based charges pursuant to Chapter 35 shall be paid
prior to the approval of the final or parcel map or issuance of any building permits.
SEC. 28.9.15. - Undergrounding of electric, communication or similar or associated utility
services.
Electric, communication or similar or associated utility distribution facilities installed in and
for the purpose of supplying service to each lot within the division of land, and any existing
overhead utility facilities located within the division of land or on those portions of streets which
abut the division of land, shall be placed underground in accordance with the utilities' rules and
regulations on file with the California Public Utilities Commission. The following facilities are
excepted from the provisions of this section:
a. Any municipal facilities or equipment installed under the supervision and to the
satisfaction of the public works director.
b. Poles or electroliers used exclusively for street lighting.
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C. Poles, overhead wires and associated overhead structures used for the transmission
of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500)
volts.
d. Antennas, associated equipment and supporting structures used by a utility for
furnishing communication services.
e. Equipment appurtenant to underground facilities, such as surface -mounted
transformers, pedestal -mounted terminal boxes and meter cabinets and concealed ducts, if the
subdivision committee or city council finds that topographical, soil or other conditions or
circumstances make the underground conversion of said facilities unreasonable or impracticable.
f. Temporary poles, temporary overhead wires and associated temporary overhead
structures used or to be used during the course of construction in conjunction with construction
projects.
The subdivision committee or the city council may waive the requirement that electric,
communication or similar or associated utility distribution facilities installed in and for the
purpose of supplying service to each lot within the division of land, and any existing overhead
utility facilities located within the division of land or on those portions of streets which abut the
division of land, be converted to underground if it finds that topographical, soil or other
conditions or circumstances make the underground conversion of said facilities, as required by
this Section, unreasonable or impracticable.
DIVISION 3.
SOILS TESTS.
SEC. 28.10. - Preliminary soil report.
For every subdivision a preliminary soil report shall be prepared by a civil engineer who is
registered bythe state and who specializes in soils engineering and shall be based upon adequate
test borings or excavations. The preliminary report shall be presented to the chief building official
of the city, unless the chief building official advises the subdivider in writing that the subdivider
is sufficiently familiar with the characteristics and soil quality of the soil within the proposed
division of land to dispense with this requirement.
SEC. 28.10.05. - Formal report.
If the preliminary report indicates the presence of critically expansive soils or other soil
irregularities which, if uncorrected, could conceivably cause structural damage to buildings or
other structures proposed to be erected within the division of land, a soil investigation of every
lot within the division of land shall be undertaken by a civil engineer who is registered by the
state and who specializes in soil engineering, and a formal report of the said investigation shall
be filed in the office of the chief building official. Additionally, a geologist's report is required if
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the area proposed for subdivision is subject to the State Seismic Hazards Mapping Act and may
be required in such cases where, in the opinion of the chief building official, information
contained in the preliminary or formal report or other materials indicates the need for such a
report in terms of geological hazards of the area proposed for subdivision.
SEC. 28.10.10. - Issuance of building permits.
If a formal report and/or geologist's report is required, the chief building official shall issue
no building permits with respect to buildings and other structures proposed to be built within
the division of land unless they determine that: (a) the investigation report was of sufficient
depth and scope; and (b) the corrective measures recommended therein are sufficient to obviate
the possibility of structural damage. Any building permits thus issued shall be conditioned upon
the incorporation of approved corrective measures in the building and the soil of the lot to which
it relates.
SEC. 28.10.15. - Notation on final map.
When a soil report has been prepared, this fact shall be noted on the final map, together
with the date of the report and the name of the engineer making the report.
SEC. 28.10.20. - Report on file.
When a soil and/or geological report has been prepared specifically for the subdivision,
each report shall be kept on file for public inspection by the chief building official.
ARTICLE VI.
CONDOMINIUMS, COMMUNITY APARTMENT PROJECTS AND
COMMON GREEN SUBDIVISIONS.
SEC. 28.11. - Applicability.
In addition to all other requirements of the Subdivision Map Act, the provisions of Chapter
28 and this article shall apply to all condominiums, stock cooperatives, community apartment
projects, common green subdivisions, tenancies -in -common and condominium conversions in
the city. The provisions of this Article are enacted pursuant to the provisions of Section 200 of
the charter of the City of Mountain View and of the Subdivision Map Act.
SEC. 28.11.05. - Map filing and form; project plan required.
The provisions of Articles III (Preliminary Parcel Maps and Tentative Maps) and IV (Parcel
Maps and Final Maps) of this Chapter shall apply to all maps submitted in connection with any
condominium, stock cooperative, community apartment project, common green subdivision,
tenancy -in -common and condominium conversion, which provisions shall also apply regardless
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of the number of units of land or air space proposed to be created. Additionally, the following
information shall be submitted with a preliminary parcel or tentative map of any condominium:
a. A project plan containing a graphic and written description of the number of units
into which the air space is to be divided, including its location, dimensions, elevations and
numbering of each unit.
SEC. 28.11.10. - Buyer protection provisions.
For the protection of purchasers of individual units, all condominiums, stock cooperatives,
community apartment projects, common green subdivisions and tenancies -in -common as well
as all conversions of existing residential real property into condominiums, stock cooperatives,
community apartment projects, common green subdivisions and tenancies -in -common shall
comply with the following requirements:
a. The covenants, conditions and restrictions (CC&Rs), or equivalent document, shall
contain, or be amended to contain, on the first page thereof, in type as large as any type used in
the CC&Rs, a notification in substantially the following terms:
"NOTICE:
THE TERMS OF THIS DOCUMENT ARE LEGALLY BINDING. READ IT CAREFULLY. A REAL
ESTATE BROKER IS QUALIFIED TO ADVISE YOU ON REAL ESTATE MATTERS. IF YOU DESIRE LEGAL
ADVICE, CONSULT YOUR ATTORNEY."
b. Discrimination against families with children prohibited.
1. It shall be unlawful for a subdivider or owner of the property being developed
or converted, or the owner of any unit which is created after the condominium, stock
cooperative, community apartment project, common green subdivision or tenancy -in -common
has been constructed, or the conversion has been completed, to refuse to sell, lease or rent any
dwelling unit, or to otherwise deny occupancy of said unit, because the family which is the
prospective purchaser, lessee, renter or occupier of said unit has one (1) or more children.
2. It shall be unlawful for a subdivider or owner of the property being developed
or converted, or the owner of any unit which is created after the condominium, stock
cooperative, community apartment project, common green subdivision or tenancy -in -common
has been constructed, or the conversion has been completed, to discriminate, in the terms,
conditions, privileges or availability of residential facilities or services, against persons who are
prospective residents because they have one (1) or more children.
3. Excluded from the requirements of subsections 1 and 2 of this Sec. 28.11.10.b
shall be studio units within such condominium, stock cooperative, community apartment project,
common green subdivision and tenancy -in -common, or condominiums, stock cooperatives,
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community apartment projects, common green subdivisions and tenancies -in -common which
have a publicly established and maintained policy of selling, leasing or renting dwelling units
exclusively to elderly persons (i.e., those persons sixty-two (62) years of age or older). "Studio
unit," as used in this subsection, shall mean a dwelling unit having not more than one (1)
habitable room in addition to the kitchen and bathroom.
4. The conditions, covenants and restrictions (CC&Rs), or equivalent document, for
any new or converted condominium, stock cooperative, community apartment project, common
green subdivision or tenancy -in -common shall contain, or be amended to contain, the provisions
set forth in Subsections b.1 and b.2 of this Section. The CC&Rs shall also provide that the city be
given the right to enforce these two (2) restrictions.
C. It shall be unlawful for a subdivider or owner of any newly converted condominium,
stock cooperative, community apartment project, common green subdivision or tenancy -in -
common to discriminate, in the sale, or in the terms and conditions of sale, of any dwelling unit
located within such newly converted condominium, stock cooperative, community apartment
project, common green subdivision and tenancy -in -common against any person who is or was a
lessee or tenant of any such dwelling unit because such person opposed, in any manner, the
conversion of such former apartment building or residential complex into a condominium, stock
cooperative, community apartment project, common green subdivision and tenancy-in-
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d. Any aggrieved person may bring an action for legal and/or equitable relief in a court
of competent jurisdiction to enforce the rights given such person by any provision of this Article.
e. A document entitled "INFORMATION STATEMENT FOR PROSPECTIVE PURCHASERS OF
A CONDOMINIUM, STOCK COOPERATIVE, COMMUNITY APARTMENT, COMMON GREEN
SUBDIVISION OR TENANCY -IN -COMMON UNIT," signed by the subdivider or owner, shall be filed
with the public works director, and a copy thereof shall be furnished by the subdivider or owner
to each purchaser prior to the time they incur any obligation to purchase a dwelling unit. Such
document shall be in a form approved by the public works director and shall contain the following
information, of which the subdivider or owner is solely responsible for its accuracy:
1. The name, address and capacity of each person or firm involved in the
construction, conversion, rehabilitation, sale or financing of the project.
2. A legal description of the project and a map showing the location of the
individual units, the common areas and other facilities.
3. A listing of the services and facilities to be furnished to individual owners and a
statement of all fees and other conditions applicable to the use of such services and facilities.
4. A statement of the estimated annual operating and maintenance costs for all
common facilities and services for the next three (3) years as prepared or reviewed by a
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professional management firm familiar with operating and maintenance costs of similar property
in the area.
5. A statement granting to each purchaser of a unit the right to cancel their
purchase of such unit, without cost or liability, provided they give written notice of cancellation
within fifteen (15) days after they sign a purchase agreement.
6. A statement of any other information that the public works director reasonably
determines should be furnished to a prospective purchaser to enable the prospective purchaser
to make an informed decision regarding the purchase of a unit in that project.
f. A copy of the duly recorded CC&Rs, which CC&Rs contain the provisions required by
this article, shall be furnished by the subdivider or owner to each prospective purchaser prior to
the time such person incurs the obligation to purchase a dwelling unit.
g. No contract for the management, operation or maintenance of common areas may
extend more than thirty (30) days beyond the time at which majority control of the homeowners
association passes to individual unit owners, unless a longer period of time is approved by the
homeowners' association after majority control has passed to individual unit owners.
SEC. 28.11.15. - Design standards for new condominiums, stock cooperatives, community
apartment projects, common green subdivisions and tenancies -in -common.
The provisions of Article V (Design Standards) of this Chapter shall apply to all maps
submitted in connection with any condominium, stock cooperative, community apartment
project, common green subdivision and tenancy -in -common, which provisions shall also apply
regardless of the number of units of land or air space proposed to be created. The terms "map"
or "conversion map," as used in Articles VI, VII and VIII, shall mean and include a tentative map,
final map, preliminary parcel map and parcel map, as such terms are defined in Article I of this
Chapter. Additionally, the following design standards shall likewise apply to:
a. New condominiums, stock cooperatives, community apartment projects and
tenancies -in -common.
1. The design, improvement and construction of new condominiums, stock
cooperatives, community apartment projects or tenancies -in -common shall conform to and be
in full accordance with all requirements of all building, fire and housing codes, zoning provisions
and all other applicable local ordinances and regulations in effect at the time of filing of the
tentative map or preliminary parcel map.
2. The design and improvement of such new condominiums, stock cooperatives,
community apartment projects and tenancies -in -common may also be required to incorporate
special design features and amenities (i.e., useable open space, children's play areas and similar
physical improvements) as conditions of approval of said map.
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3. All private streets, driveways and parking areas for said condominiums, stock
cooperatives, community apartment projects and tenancies -in -common shall be improved and
constructed with a structural section in accordance with the standards of the city and shall be
designed to ensure that access for municipal services will not be denied any dwelling unit therein
by reason of deteriorated, impassable private streets, driveways and parking areas.
b. New common green subdivisions.
1. The design, improvement and construction of new common green subdivisions
shall conform to and be in full accordance with all requirements of all building, fire and housing
codes, zoning provisions and all other applicable local ordinances and regulations in effect at the
time of the filing of the tentative map or preliminary parcel map.
2. The design and improvement of such new common green subdivisions may also
be required to incorporate special design features and amenities (i.e., useable open space,
children's play areas and similar physical improvements) as conditions of approval of said map.
3. All private streets, driveways and parking areas for said common green
subdivision shall be improved and constructed with a structural section in accordance with the
standards of the city and shall be designed to ensure that access for municipal services will not
be denied any dwelling unit therein by reason of deteriorated or impassable private streets,
driveways and parking areas.
4. Sewage collection and water distribution lines on private property in common
ownership shall be covered by one of the following requirements:
(a) All lines to be owned and maintained by the homeowners association, or
similar organization, shall be constructed to city standard specifications for public works. Water
metering and billing shall be provided at each individual townhouse lot, as well as for the entire
development, using a master meter. The difference between the sum of individual meters and
the reading of the master meter will be billed to the homeowners association or similar
organization. A sewer lateral shall be provided at each individual townhouse.
(b) All lines to be owned and maintained by the city shall be placed in asphalt
concrete driveways acceptable to the public works director (with the necessary public utility
easements) or shall be placed in a covered concrete -lined trench acceptable to the public works
director (with the necessary public utility easements) running through the project so as to
constitute an accessible pipe chase for maintenance of the lines. A water meter and sewer lateral
shall be provided at each individual townhouse.
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SEC. 28.11.20. - Condominium development initially for rental purposes.
Notwithstanding any other provisions of this Chapter, a subdivider proposing to rent units
within a new or converted condominium development for a certain period of time after receiving
a certificate of occupancy for the units in the development shall enter into an agreement with
the city prior to approval of a tentative map or preliminary parcel map. The agreement shall
provide the proposed length of the rental period and that one (1) year before the expiration of
the rental period when the units within the development may be sold to individual purchasers,
the subdivider shall prepare reports, serve notices and shall agree to follow all requirements of
state law and the city code relative to the protection and relocation of tenants and prospective
purchasers.
ARTICLE VII.
RESIDENTIAL CONDOMINIUM CONVERSIONS.
SEC. 28.12. - Purpose.
The conversion of residential rental units to ownership housing impacts the supply and
availability of rental housing and may cause displacement of residents, who may be required to
move from the community due to lack of replacement housing. A reduction in the supply of rental
housing creates pressure for higher rents in the remaining rental housing supply. Conversions
may sometimes, however, provide home ownership opportunities that are more affordable
when compared to new home construction.
It is the purpose of this article to seek to assure a reasonable balance of rental and
ownership housing and a variety of individual choices of type, price and location of housing and
to maintain the supply of rental housing for low- and moderate -income persons and families and
to maintain the flexibility and redevelopment potential of the city's residential areas in
substantial compliance with the city's general plan. This Article is intended to ensure compliance
with and implement the Conversion Limitation Act, adopted by the voters on November 6, 1979.
SEC. 28.12.05. - Applicability.
In addition to all other requirements of the Subdivision Map Act, the provisions of Chapter
28 of the Mountain View City Code and this Article shall apply to the conversion of any existing
structure or structures to a condominium, stock cooperative, community apartment project,
common green subdivision or tenancy -in -common in the City of Mountain View. The provisions
of this Article are enacted pursuant to the provisions of Section 200 of the charter of the City of
Mountain View and of the Subdivision Map Act.
SEC. 28.12.10. - Permit.
In addition to filing a tentative map or preliminary parcel map required for condominium
conversion projects pursuant to Sec. 28.11.05 of Article VI, a development review permit in
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accordance with Sec. A36.52 or a planned community permit in accordance with Sec. A36.68 of
Chapter 36 of the Mountain View City Code shall be required for condominium conversions.
Permit applications shall be processed pursuant to Sec. 28.12.20.
a. No permit application for residential condominium conversion shall be accepted, and
no permit will be issued unless a preliminary determination has been made by the community
development director that the application meets the requirements of Article IX of Chapter 28,
the Conversion Limitation Act. If the community development director so determines, the
application may be processed; however, the determination of eligibility shall not be final until
approved by the city council. Conversions, demolitions and apartments/rentals with maps shall
be counted in determining compliance with the Conversion Limitation Act.
b. No tentative map or preliminary parcel map for condominium conversions shall be
filed and no tentative or preliminary map shall be approved without the approval of a permit
application under this Section.
C. Exclusions. No conversion of units may be applied for or approved unless the units
are all of the same housing type (e.g., not mixed types of units), were constructed as an
integrated project, and built as either apartments ortownhouses. Complexes which have a mixed
unit type or are of soft -story construction are not eligible for conversion to condominiums.
Duplex units to six-plex units constructed in a single structure are not eligible for conversion
unless located in a historic resource.
SEC. 28.12.15. - Tenant noticing requirements.
a. Notice to existing tenants. The subdivider or owner of an apartment building or
residential complex proposed to be converted to a condominium, stock cooperative, community
apartment project, common green subdivision and tenancy -in -common shall give to each tenant
of the residential real property proposed for conversion the following notices and rights now or
hereafter required by the Subdivision Map Act and as set forth in Section 66427.1 of said Act:
1. Written notice of intention to convert, provided at least sixty (60) days prior to
the filing of a tentative map or preliminary parcel map. The notice shall be in a form outlined in
Section 66452.18(b) of the Subdivision Map Act.
2. Written notice ten (10) days before submittal that an application for a public
report will be, or has been, submitted to the Department of Real Estate, that the period for each
tenant's right to purchase begins with the issuance of the final public report and that the report
will be available on request.
3. Written notice that the subdivider has received the public report from the
Department of Real Estate. This notice shall be provided within five (5) days after the date the
subdivider receives the public report.
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4. Written notice within ten (10) days after approval of a parcel map or final map
for the proposed conversion.
5. Written notice of intent to convert provided one hundred eighty (180) days prior
to termination of tenancy due to the conversion but not before the city has approved a
preliminary parcel map or a tentative map for the conversion. The notice given shall not alter or
abridge the rights or obligations of the parties in the performance of their covenants, including,
but not limited to, the provision of services, payment of rent or the obligations imposed by
Sections 1941, 1941.1 and 1941.2 of the California Civil Code. The notice shall be in a form
outlined in Section 66452.19(b) of the Subdivision Map Act.
6. Written notice of an exclusive right to contract for the purchase of their
respective dwelling unit upon the same terms and conditions that the unit will be initially offered
to the general public or terms more favorable to the tenant. The notice shall be given within five
(5) days after receipt of the subdivision public report. This exclusive right to purchase shall
commence on the date the subdivision public report is issued, as provided in Section 11018.2 of
the Business and Professions Code and shall run for a period of not less than ninety (90) days,
unless the tenant gives prior written notice of their intention not to exercise the right. The notice
shall be in a form outlined in Section 66452.20 (b) of the Subdivision Map Act.
7. All other applicable notices and rights now or hereafter required by this Chapter,
or Chapter 2 or 3 of the Subdivision Map Act.
b. Notice to prospective tenants. Commencing at a date not less than sixty (60) days
prior to the filing of a tentative map or preliminary parcel map, the subdivider or their agent shall
give notice of the filing to each person applying after that date for rental of a unit of the subject
property immediately prior to the acceptance of any rent or deposit from the prospective tenant
by the subdivider in accordance with Section 66452.17 of the Subdivision Map Act. The notice
shall be in a form outlined in Section 66452.17 (b) of the Subdivision Map Act.
C. Keeping of records. The subdivider or owner shall be required to keep a copy of all
notices required by Sec. 28.12.15 for a period of two (2) years after such notices were personally
delivered or mailed, such records to include:
1. A copy of each notice showing the date on which it was delivered or mailed; and
2. Proof of the giving of the notice, consisting of:
(a) If delivered, the signature of the person to whom it was delivered
acknowledging such delivery; or
(b) If mailed, proof of mailing, and, in the case of the notice of intention to
convert pursuant to Sec. 28.12.15 (a)(1), the return receipt if a receipt was returned by the
recipient of such notice.
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SEC. 28.12.20. - Process.
In conjunction with processing tentative maps or preliminary parcel maps in accordance
with this Chapter and the Subdivision Map Act, permit applications for condominium conversions
shall be reviewed and processed in accordance with this Article and with Sec. A36.52
(Development Review), Sec. A36.68 (Planned Community Permits) and Sec. A36.50.020 (Review
Authority) of Chapter 36 of the Mountain View City Code.
a. Development review required. The zoning administrator shall hold a public hearing
on the development review application in accordance with Sec. A36.80 (Applications, Hearings
and Appeal(s)) of Chapter 36 of the Mountain View City Code and will provide a written
recommendation to the city council for final action on the development review application. The
zoning administrator may route the proposal to the development review committee if exterior
improvements are proposed or deemed necessary.
b. Notice of city council meeting to consider tentative map. Following the date the city
council fixes a meeting date for consideration of a tentative map, or the date the subdivision
committee fixes a meeting date for consideration of a preliminary parcel map, which proposes
the conversion of residential real property to a condominium, stock cooperative, community
apartment project, common green subdivision or tenancy -in -common, but not less than ten (10)
days prior to the said date for consideration, the community development director shall give a
written notice to each tenant of the subject property informing said tenant of the date, time and
place of the city council's or subdivision committee's consideration of the tentative map and the
tenant's right to appear and be heard pursuant to Section 66451.3 of the Subdivision Map Act.
1. Council meeting staff report to tenants. Additionally, a copy of any staff report
or recommendation on a tentative map or a preliminary parcel map relating to the proposed
residential condominium conversion shall be served on the subdivider and on each tenant of the
subject property at least three (3) days prior to any hearing or action on said map by the city
council or the subdivision committee, respectively, pursuant to Section 66452.3 of the
Subdivision Map Act.
C. Buyer and tenant protection requirements for conversion. In addition to the buyer
protection provisions in Article VI, Sec. 28.11.05.1, conversion of residential real property to
condominiums, stock cooperatives, community apartment projects, common green subdivisions
and tenancies -in -common shall complywith the following requirements as additional protections
to purchasers of individual units:
1. Condition of improvements report required. A report entitled "CONDITION OF
IMPROVEMENTS REPORT" shall be prepared and certified by a licensed engineer or architect
subject to approval by the city's chief building official. The subdivider or owner is solely
responsible for all costs associated with preparing this report and shall pay a fee to the city for
administering, reviewing and evaluating the report in accordance with Sec. 28.12.30(g). The
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report, which shall be approved as to content by the chief building official prior to being
distributed, shall set forth the consultant's best available information on the age and condition
of the building or buildings proposed to be converted, including the estimated remaining life of
the roof, foundation and mechanical, electrical, plumbing and structural elements of the building
or buildings. The report shall further indicate those provisions of previously adopted city building
and fire codes involving health and life safety items which have been changed since the date the
building or buildings being converted were constructed, plus identify present building or fire code
requirements which are not met. If a prospective purchaser is not a tenant of the apartment
building or residential complex at the time the conversion map is filed with the city, the owner
shall furnish a copy of said report to each such prospective purchaser prior to the time such
person incurs the obligation to purchase a unit. If a prospective purchaser is a tenant of the
apartment building or residential complex at the time the conversion map is filed with the city,
the owner shall furnish the report to such person at that point in time when such person is given
the ninety (90) day exclusive right to purchase their unit.
2. Structural pest report required. A report entitled "STRUCTURAL PEST REPORT"
shall be prepared and certified by a person, entity or corporation selected by the city's chief
building official and licensed by the State of California as a structural pest control operator
subject to approval by the city's chief building official. The subdivider or owner is solely
responsible for all costs associated with preparing this report and shall pay a fee to the city for
administering, reviewing and evaluating the report in accordance with Sec. 28.12.30(g). This
report shall also be furnished to prospective purchasers of each converted unit at those points in
time mentioned in Sec. 28.12.20.c.1, depending on whether such prospective purchaser is or is
not a tenant of the apartment building or residential complex at the time the conversion map is
filed with the city.
3. Building inspection report required. A detailed building inspection and report
shall be made by or at the direction of the chief building official, at the subdivider's or owner's
expense, of all buildings or structures proposed for conversion, and the report shall determine
and identify any housing code violations, other code violations or other deficiencies involving a
threat to life or property which must be corrected as a condition of approval of the tentative map
or preliminary parcel map.
4. Building and appliance warranty required. Each purchaser shall be granted by
the subdivider or owner a one (1) year warranty on all appliances installed in their unit and to
the homeowners association, and all purchasers of individual units shall be granted a one (1) year
warranty on all structures in the project and on all electrical, heating, air conditioning, plumbing,
ventilation equipment, roofing and elevators.
d. Temporary housing required for tenant displaced due to renovation. As to any
tenant or renter of an apartment unit or dwelling unit within a residential complex at the time a
tentative map or preliminary parcel map for a conversion of that building or structure is filed with
the city, who enters into a written agreement with the owner to purchase the dwelling unit once
it has been converted, and who is thereafter required to temporarily vacate or is temporarily
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displaced from said apartment or residential unit because the subdivider or owner is renovating
or effecting certain structural modification to comply with the city's requirements, the owner
shall be responsible for:
1. Finding suitable, temporary replacement housing for such tenant and, if the
monthly rent is higher for the replacement housing than for the apartment or dwelling unit being
vacated, paying the difference in such monthly rent; and
2. Paying such tenant's actual moving expenses in temporarily moving from the
said apartment or dwelling unit and moving back into the unit when the renovation or structural
modifications have been completed and approved by the city.
e. Additional tenant relocation assistance required. The city's most current tenant
relocation assistance policy shall apply to all tenants who have not entered into a written
agreement with the owner to purchase the dwelling unit once it has been converted.
SEC. 28.12.25. - Required city council findings for approval; grounds for denial.
a. Required city council findings for approval. The city council shall not approve any
project for the conversion of any existing structure or structures to a condominium, stock
cooperative, community apartment project, common green subdivision or tenancy -in -common
unless it makes the following findings and determinations:
1. That the proposed conversion is consistent with the longer -range goals of the
general plan, the zoning district and any precise plan, and that the conversion does not conflict
with the amortization or sunsetting of the allowed use of the building sought to be converted.
2. That the proposed conversion would not adversely and seriously disrupt the
effective operation or functioning of nearby schools or other community facilities.
3. That the apartment building or residential complex proposed for conversion
does not represent a unique and needed housing resource in the city or in the neighborhood
taking into consideration such factors as the need for a balanced rental -owner housing supply,
current rental rates, apparent appeal to families with children and special tenant displacement
problems which would result from the conversion.
4. That any proposed condominium conversion has complied with the city's most
current tenant relocation policy.
5. That any proposed condominium conversion has met all noticing requirements
as outlined in Articles VI and VII.
b. Mandatory grounds for denial. In addition to those grounds for denying a final map
or parcel map which are set forth in Sections 66473.5 and 66474 of the Subdivision Map Act and
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in Article IV (Parcel Maps and Final Maps) of this Chapter, the city council shall not approve a final
map, or the city engineer approve a parcel map, for a subdivision to be created from the
conversion of residential real property into a condominium, stock cooperative, community
apartment project, common green subdivision or tenancy -in -common unless it is found as
follows:
1. Each tenant of the residential real property has received or will have received
each of the notices and rights pursuant to Sec. 28.12.15 (a) of this Article and as now or hereafter
required by Chapter 2 and Chapter 3 of the Subdivision Map Act.
2. Each person applying for the rental of a unit in the residential real property has
received or will have received the notice and rights pursuant to Sec. 28.12.15 (b) of this Article
and as now or hereafter required by Chapter 2 and Chapter 3 of the Subdivision Map Act.
C. Permissive grounds for denial. In addition to the grounds for denial set forth in this
Chapter and the State Subdivision Map Act, an application for approval of a tentative map or
preliminary parcel map for the conversion of residential rental units to a condominium, stock
cooperative, community apartment project, common green subdivision or tenancy -in -common
may be denied on the ground that either:
1. The proposed project, because of its physical characteristics, lot size,
configuration, site design or building condition, is not suitable for conversion to a condominium,
stock cooperative, community apartment project, common green subdivision or tenancy-in-
14191IWIT•I'M
2. The proposed project, because of its physical characteristics, lot size,
configuration, site design or building condition, is not suitable for families with children.
3. The proposed project contains fewer than sixteen (16) units and is not suitable
for conversion due to its size, amenities, ingress, egress or ability to maintain itself.
SEC. 28.12.30. - Design and safety standards for conversions.
The design, improvement and construction to convert an existing apartment building or
residential complex to a condominium, stock cooperative, community apartment project,
common green subdivision or tenancy -in -common shall comply with design standards in
Sec. 28.11.15, except as modified in this Section, and with the following design and safety
standards:
a. Codes, ordinances and regulations. All building and fire codes, zoning provisions and
all other applicable local ordinances and regulations in effect at the time of construction of such
structure shall, in addition, conform to and be in accordance with the standards set forth in this
Section, or most recent standards as adopted by the city council, in effect at the time of filing of
the tentative map or preliminary parcel map for such conversion.
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b. Zoning provisions. Current residential zoning ordinance standards for density, floor
area ratio, building setback, open space, parking and circulation.
C. Minor exceptions considered. Minor exceptions to current residential zoning
ordinance standards shall be considered for up to ten (10) percent for building setback and fifteen
(15) percent open space requirements only.
d. Special features may be required. The design and improvement of any such
conversion may also be required to incorporate special design features and amenities (i.e.,
useable open space, children's play areas and similar physical improvements) as conditions of
approval of said map.
e. Building, seismic, fire and housing codes compliance; facility and site improvement
requirements.
1. Seismic safety pursuant to any of the following standards: 2007 California
Building Code, 2006 International Existing Building Code, Seismic Rehabilitation of Existing
Buildings (ASCE 41-06) or an equivalent procedure approved by the chief building official and
updated and amended versions of said codes.
2. California Building Standards; Title 24—Energy Standards.
3. Fire -Life Safety and Habitability Standards pursuant to the 2007 California
Building Code; 2007 California Plumbing Code; 2007 California Mechanical Code; and 2005
National Electrical Code and updated and amended versions of said codes.
4. 2007 California Fire Code and updated and amended versions of said code.
5. Article IX of Chapter 8 of the Mountain View City Code (Drainage and Flood
Control), Sec. 8.160, et seq.
6. Separate utility services shall be provided to each building and to each unit
unless the public works director determines that such separate utility services are both not
desirable and not feasible. If separate utility services are not provided, the homeowners
association, or similar organization, shall be primarily liable for all city utility billings, and the
owners of individual residential buildings and units shall jointly and severally be secondarily liable
for all city utility billings, and security for payment of utility billings shall be provided as set forth
in Sec. 35.38.c.
f. Written report on improvements and compliance required. An independent
consultant approved by the chief building official shall prepare a written report, with appropriate
itemized cost estimates, on all improvements necessary to make the development comply with
Sec. 28.12.3O.e(1), (2), (3), (4), (5) and (6). The subdivider or owner is solely responsible for all
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costs associated with preparing this report and shall pay a fee to the city for administering,
reviewing and evaluating the report in accordance with Item (g) of this Section. Minor nonsafety
or structural deviations from strict compliance with the design and safety standards may be
approved at the discretion of the chief building official or the public works director as
appropriate.
g. Fee for city services. Fees for the review and evaluation services and other related
expenses incurred and performed by city staff shall be an amount (based on an hourly rate)
established by city council resolution.
ARTICLE VIII.
COMMERCIAL AND INDUSTRIAL CONDOMINIUM CONVERSIONS.
SEC. 28.13. - Purpose.
The conversion of commercial and industrial buildings into smaller ownership units likewise
creates impacts to the city's available business space, including reducing the flexibility and utility
of that space by creating multiple ownerships on one (1) parcel that was originally designed to
function and be available for a wide variety and size of uses. Multiple ownerships can create
significant conflicts among users, leading to the deterioration of the property and secondary
safety and aesthetic issues to neighboring properties. The maintenance of flexibility and utility in
the commercial and industrial base is critical to the economic viability of the City of Mountain
View as well as the economic viability of our region.
It is the purpose of this Article to seek to assure a reasonable balance of rental and
ownership industrial and commercial units and a variety of individual choices of tenure, type,
price and location of available business space and to maintain the supply of available business
space and to maintain the flexibility and redevelopment potential of the city's key industrial and
commercial areas in substantial compliance with the city's general plan.
SEC. 28.13.05. -Applicability.
In addition to all other requirements of the Subdivision Map Act, the provisions of this
Chapter shall apply to the conversion of commercial, industrial or any nonresidential space in an
existing building or buildings to condominium in the City of Mountain View. The provisions of this
Article are enacted pursuant to the provisions of Sec. 200 of the charter of the City of Mountain
View and of the Subdivision Map Act.
SEC. 28.13.10. - Permit.
In conjunction with processing tentative maps or preliminary parcel maps in accordance
with Chapter 28 of the Mountain View City Code and the Subdivision Map Act, a development
review permit in accordance with Sec. A36.52 or a planned community permit in accordance with
Sec. A36.68 of this code shall be required for the conversion of commercial, industrial or any
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nonresidential space in an existing building or buildings to condominiums. Permit applications
shall be processed pursuant to Sec. 28.13.20.
a. No permit application for the conversion of commercial and industrial building or
buildings to condominium shall be processed unless a preliminary determination has been made
by the community development director that the use, as zoned, is consistent with current zoning
and is consistent with any interim moratorium for a zoning or use or structure amortization. This
preliminary determination by the community development director may allow the application to
be processed; however, the final action under this Section shall be made through the public
hearing process and ultimately by the city council.
b. No tentative map or preliminary parcel map for the conversion of commercial and
industrial building or buildings to condominium shall be filed without a permit application under
this Section.
SEC. 28.13.15. - Tenant noticing requirement.
The subdivider or owner of an existing commercial or industrial building or buildings
proposed for conversion to a condominium shall give to each tenant of the property a written
notice of intention to convert provided at least sixty (60) days prior to the filing of a tentative
map or preliminary parcel map in accordance with Sec. 28.12.15 (a)(1). The owner shall also give
written notice to each prospective tenant in accordance with Sec. 28.12.15 (b) and shall keep
records of all noticing in accordance with Sec. 28.12.15 (c).
SEC. 28.13.20. - Process.
In conjunction with processing tentative maps or preliminary parcel maps in accordance
with this Chapter and the Subdivision Map Act, permit applications for the conversion of existing
commercial and industrial building or buildings to condominium shall be reviewed and processed
in accordance with Sec. A36.52 (Development Review), Sec. A36.68 (Planned Community
Permits) and Sec. A36.50.020 (Review Authority) of this code and with current commercial and
industrial zoning standards.
a. Development review required. The zoning administrator shall hold a public hearing
on the development review application in accordance with Sec. A36.80 (Applications, Hearings
and Appeal(s)) of Chapter 36 of the Mountain View City Code and will provide a written
recommendation to the city council for final action on the development review application. The
zoning administrator may route the proposal to the development review committee if exterior
improvements are proposed or deemed necessary.
b. In addition to complying with zoning ordinance provisions, permit processing for
commercial and industrial condominium conversions shall also comply with the following, except
that any reference to apartment building or projects and residential complex shall be replaced
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with the term "commercial or industrial building(s)" and the terms stock cooperative, community
apartment project, common green subdivision or tenancy -in -common shall not apply:
1. Buyer protection provisions in Article VI, Sec. 28.11.05.1, Subsections (a) and (f)
pertaining to covenants, conditions and restrictions (CC&Rs); Subsection (c) pertaining to
nondiscrimination in the terms and conditions of sale of any units; and Subsection (e) pertaining
to furnishing required information by the subdivider or owner to each purchaser of any units.
2. Notice of city council or subdivision committee meeting to consider tentative
map or preliminary parcel map in Article VII, Sec. 28.12.2O(b).
3. Buyer and tenant protection requirements for conversion in Article VII, Sec.
28.12.2O(c)(1) through (c)(4).
SEC. 28.13.25. - Required city council findings for approval; grounds for denial.
a. Required city council findings for approval. The city council shall not approve any
project for the conversion of any existing commercial or industrial building or buildings to a
condominium unless it makes the following findings and determinations:
1. That the proposed conversion of commercial and industrial buildings into
smaller ownership units is consistent with the longer -range goals of the general plan, the zoning
district and any precise plan and that the conversion does not conflict with the amortization or
sunsetting of the allowed use of the building sought to be converted.
2. That the proposed conversion would not adversely and irreversibly reduce the
flexibility and utility of the existing commercial or industrial space by creating multiple
ownerships on one (1) parcel that was originally designed to function under a single ownership
and be available for a wide variety and size of uses.
3. That the flexibility and redevelopment potential of the city's key industrial and
commercial areas in substantial compliance with the city's general plan would not be adversely
impacted by the proposed conversion.
4. That a reasonable balance of rental and ownership industrial and commercial
units and a variety of individual choices of tenure, type, price and location of available business
space would be maintained with the proposed conversion.
5. That the supply of available business space and the flexibility and utility in the
commercial and industrial base critical to the economic viability of the City of Mountain View as
well as the economic viability of our region would not be adversely impacted by the proposed
conversion.
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6. That the conversion of a complex into individual ownerships will present no risk
that the complex will result in conflicts between uses, parking, storage, etc.
7. That any proposed condominium conversion has met all noticing requirements
as outlined in Articles VI, VII and VIII.
b. Mandatory grounds for denial. In addition to those grounds for denying a final map
or parcel map which are set forth in Sections 66473.5 and 66474 of the Subdivision Map Act, in
Article IV (Parcel Maps and Final Maps) of this Chapter and in this Article, the city council shall
not approve a final map, or the city engineer approve a parcel map, for a subdivision to be created
from the conversion of commercial or industrial real property into a condominium unless it is
found that all of the building(s) on the property comply with applicable zoning and use
regulations and that each of the tenants of the nonresidential real property proposed for
conversion has received or will have received each of the notices in accordance with Sec.
28.13.15.
SEC. 28.13.30. - Design and safety standards for conversions.
The design, improvement and construction to convert an existing commercial or industrial
building or buildings to a condominium shall comply with design standards in Sec. 28.11.15,
except as modified in this Section, and with the following design and safety standards:
a. Compliance with codes, ordinances and regulations. All building and fire codes,
zoning provisions and all other applicable local ordinances and regulations in effect at the time
of construction of such structure, and shall, in addition, conform to and be in accordance with
the standards in this Section, or most recent standards as adopted by the city council, in effect
at the time of filing of the tentative map or preliminary parcel map for such conversion.
b. Compliance with zoning provisions. Current commercial and industrial zoning
ordinance standards for allowable use, floor area ratio, building setback, open space, parking and
circulation.
C. Building, seismic and fire codes compliance; facility and site improvement
requirements.
1. Seismic safety pursuant to any of the following standards: 2007 California
Building Code, 2006 International Existing Building Code, Seismic Rehabilitation of Existing
Buildings (ASCE 41-06) or an equivalent procedure approved by the chief building official and
updated and amended versions of said codes.
2. California Building Standards; Title 24—Energy Standards.
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3. Fire -Life Safety and Habitability Standards pursuant to the 2007 California
Building Code; 2007 California Plumbing Code; 2007 California Mechanical Code; and 2005
National Electrical Code and updated and amended versions of said codes.
4. 2007 California Fire Code and updated and amended versions of said code.
5. Article IX of Chapter 8 of the Mountain View City Code (Drainage and Flood
Control), Sec. 8.160, et seq.
6. Separate utility services shall be provided to each building and to each unit
unless the public works director determines that such separate utility services are not feasible. If
separate utility services are not provided, the homeowners association or similar organization
shall be primarily liable for all city utility billings, and the owners of individual buildings and units
shall jointly and severally be secondarily liable for all city utility billings, and security for payment
of utility billings shall be provided as set forth in Sec. 35.38.c.
d. Written report on improvements and compliance required. An independent
consultant approved by the chief building official shall prepare a written report, with appropriate
itemized cost estimates, on all improvements necessary to make the development comply with
28.13.30.c(1), (2), (3), (4), (5) and (6) of this Article. The subdivider or owner is solely responsible
for all costs associated with preparing this report and shall pay a fee to the city for administering,
reviewing and evaluating the report in accordance with Item e. of this Section.
Minor nonsafety or structural deviations from strict compliance with the design and
safety standards may be approved at the discretion of the chief building official or the public
works director as appropriate.
e. Fee for city review and evaluation services. Fees for the review and evaluation
services and other related expenses incurred and performed by city staff shall be an amount
(based on an hourly rate) established by city council resolution.
ARTICLE IX.
CONVERSION LIMITATION ACT.
SEC. 28.14. - Statement of purpose.
In order to provide for the housing needs of all economic segments of the community, this
Article urgently limits the conversion of apartments into condominiums and other types of
ownership that could reduce the supply of rental housing.
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SEC. 28.14.05. - Definitions.
As used in this Article:
a. "Apartment" refers to a dwelling in a structure designed or used to house two (2) or
more persons or families living independently of each other. Excluded are rental units in hotels,
motels, inns, tourist homes, rooming and boarding houses, hospitals and like facilities.
b. "Apartment complex" refers to the entire parcel of real property or adjacent parcels
under single ownership, including at least two (2) apartments and all other structures thereon,
all or part of which is rented or leased for residential purposes. Condominiums, condominium
projects, community apartment projects and common green subdivisions are not apartment
complexes.
C. The "total number of apartments" shall include all apartments in apartment
complexes regardless of whether they are currently occupied. It shall also include apartments
that have been proposed or approved for conversion where the conversion has not yet occurred.
The only apartments excluded from the total number shall be those not in an apartment complex
and those constructed with government funds for disadvantaged persons.
d. "Conversion" refers to a change in the type of ownership to a condominium,
condominium project, community apartment project, common green subdivision or to any other
form which might reduce the likelihood that any affected apartment will be rented or leased to
the general public for residential purposes.
1. A conversion does not "occur" until the change in ownership is coupled with the
right to immediately possess every affected apartment. In no event shall a conversion be deemed
to have occurred until the expiration of one (1) year following notice to affected tenants of the
proposed conversion.
e. A "deficit" in the total number of apartments refers to the number of apartments that
must be newly opened for occupancy in order to bring the total number of apartments up to its
initial number and, thereby, enable further new apartments to authorize conversions under Sec.
28.14.10 of this Article.
f. "Application" refers to those documents required by law to be filed with the city in
order to initiate approval of a conversion.
g. "Tenant" refers to a tenant, subtenant, lessee, sublessee or any other person entitled
to the use or occupancy of any apartment.
h. "Landlord" refers to an owner, lessor, sublessor or other person entitled to receive
rent for the use or occupancy of any apartment or an agent or successor of any of the foregoing.
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i. A tenant may "legally represent" an apartment only if they are an adult in lawful
possession thereof and has obtained the prior written consent to the conversion of any other
adult tenants in lawful possession of the same apartment.
SEC. 28.14.10. - Limitation on conversions.
Within thirty (30) days of the effective date of this Article, the City of Mountain View city
council shall ascertain and formally declare the total number of apartments then existing in the
City of Mountain View. That shall be the initial total number. Except as provided in Sec. 28.14.15
of this Article and notwithstanding any other provision of law, no application for conversion shall
be filed nor shall any conversion be approved or allowed to occur unless it is publicly documented
beforehand that the total number of apartments will not, at any time, be reduced by the
proposed conversion to any number below the initial total number.
SEC. 28.14.15. - Majority petition exception.
Notwithstanding the limitation on conversions imposed by Sec. 28.14.10 of this Article, an
application for a conversion may be filed and a conversion may be approved and allowed to occur
if such application is accompanied by a petition signed by tenants who legally represent a
majority (over fifty (50) percent) of all the apartments in the apartment complex, any part of
which is proposed for conversion. The petition shall clearly state that each undersigned tenant
irrevocably consents to the specified conversion and that each declares, under penalty of perjury,
that their current intention is to purchase one (1) or more of the apartments to be converted.
Each undersigned tenant shall write the date of signing, their apartment number or other
apartment designation, and the month and year they began lawfully possessing such apartment.
To be valid, the entire petition must be filed with the City of Mountain View within sixty (60) days
of the earliest date of signing. True copies of all filed petitions shall immediately be made
available by the city for public inspection. Nothing in this Section shall be construed to require
approval of any conversion. Once a conversion authorized by this Section is approved, however,
it shall create a deficit in the total number of apartments. Such deficit shall equal the number of
apartments to be converted.
SEC. 28.14.20. - Scope.
All conversions shall be subject to this Article except:
a. Those that have already occurred by the effective date; and
b. Those that had already received city council approval of the tentative map before the
date the notice of intent to circulate the petition calling for this code was published. (Notice of
intent to circulate the petition was published March 26, 1979.)
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SEC. 28.14.25. - Tenant protections.
It shall be unlawful for any landlord to seek to evict or otherwise penalize any tenant if the
landlord is motivated in any substantial part of the tenant's actual or prospective opposition to
any conversion. Violation of this Section shall constitute a defense to any action to recover
possession from the tenant and shall give rise to a cause of action by the tenant for actual
damages, injunctive relief and punitive damages in the amount of five hundred dollars ($500) or
in such greater amounts as is allowed by law. Any waiver of these protections shall be void.
SEC. 28.14.30. - Partial invalidity.
If any provision of this Article or application thereof is held invalid, such invalidity shall not
affect any other provision or application of this Article which can be given effect without the
invalid provision or application, and, to this end, the provisions of this Article are declared to be
severable.
ARTICLE X.
MOBILE HOME PARK CONVERSION OR CESSATION OF USE.
SEC. 28.15. - Findings and policy.
a. The City of Mountain View city council herebyfinds and determines that mobile home
parks provide an important independent living situation in the city, particularly for senior citizens.
b. Mobile home parks are an essential component of ownership -housing stock in
Mountain View, where the cost of most housing exceeds the financial reach of low- and
moderate -income persons.
C. Chapter 3 (Policy F) of the general plan calls for increasing the supply of housing for
low- and moderate -income families, seniors and the disabled.
d. The City of Mountain View is committed to preserving and increasing the supply of
housing for low- and moderate -income citizens, especially families, senior citizens and disabled
persons, and that mobile home parks constitute a valuable housing resource to meet this need.
e. Mountain View has a variety of mobile home parks with wide diversity in economic
values of the land, the mobile home units, the amenities, the zoning, the location and the acreage
and number of units, among other factors, which warrant careful consideration and analysis of
the distinct impact involved in the possible conversion of the different parks and appropriate
mitigation of those diverse impacts.
f. Available comparable relocation sites for mobile homes within a twenty (20) mile
radius of the City of Mountain View are very limited, and the cost of relocation of mobile home
units is substantial in proportion to the value of the individual unit itself.
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g. Adequate replacement housing for displaced mobile home residents at a comparable
cost is not readily available within the community or the county.
SEC. 28.15.05. - Conversion impact report; notice to residents; hearing; bankruptcy exception;
fees.
Prior to the conversion of any mobile home park to another use, as shown on Map 1
on file in the planning department, except pursuant to the Subdivision Map Act (Division 2,
commencing with Section 66410 of Title 7 of the California Government Code) (see Sec. 28.15.15
or prior to closure of a mobile home park or cessation of the use of the land as a mobile home
park, a conversion impact report shall be independently prepared by a consultant, pursuant to a
contract with the city, but paid for by the applicant. This conversion impact report shall analyze
the impact of the conversion, closure, or cessation of use upon the displaced persons of the
mobile home park to be converted or closed. In determining impact of the conversion, closure or
cessation of use on displaced mobile home park residents, the report shall address the availability
of adequate replacement housing in mobile home parks and relocation costs.
b. The person proposing the change in use shall provide a copy of the conversion impact
report and written notification of the hearing date to the residents and to the registered owner
of each mobile home in the mobile home park at least thirty (30) days prior to the hearing on the
conversion impact report by the city council or its delegated advisory agency.
C. The person or entity filing the report, or park residents, may request, and shall have
a right to, a hearing before the city council or its delegated advisory agency on the sufficiency of
the report.
d. The city council or its delegated advisory agency shall review the report prior to any
change, and shall require, as a condition of the change, the person or entity to take steps to
mitigate any adverse impact of the conversion, closure or cessation of use on the ability of
displaced mobile home park residents to find or afford adequate replacement housing. The city
council may consider in requiring mitigation of adverse impacts of a mobile home park
conversion, but shall not be limited thereto, such steps as the reasonable costs of relocation or,
if a suitable relocation site is not available, the purchase of the mobile home at the in -space fair
market value of the mobile home.
e. At the same time as the notice of the change is provided to the residents (six (6)
months prior to termination of tenancy pursuant to Paragraph (2) of Subdivision (f) of Section
798.56 of the Civil Code), the person or entity proposing the change shall ensure that a copy of
the report has been provided to a resident and to the registered owner of each mobile home in
the mobile home park.
If the closure or cessation of use of a mobile home park results from the adjudication
of bankruptcy, the provisions of this Section shall not be applicable.
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g. The city council may establish reasonable fees by resolution pursuant to Chapter 13,
commencing with Section 54990 of Part I of Division 2 of Title 5 of the California Government
Code to cover any costs incurred by the city in implementing this Section. Those fees shall be paid
by the person or entity proposing the change in use.
SEC. 28.15.10. - Notice to residents and owners of mobile homes.
Upon receipt of an application for the conversion of a mobile home park to another use,
the city shall, at least forty-five (45) days prior to a hearing or any other action on the application,
inform the applicant in writing of the provisions of Section 798.56 of the California Civil Code and
all applicable city requirements which impose upon the applicant a duty to notify residents and
mobile home owners of the mobile home park of the proposed change in use and shall specify
therein the manner in which the applicant shall verify that residents and mobile home owners of
the mobile home park have been notified of the proposed change in use. Neither a hearing on
the application, nor any other action thereon, shall be taken by the city council before the
applicant has satisfactorily verified that the residents and mobile home owners have been so
notified, in the manner prescribed by law or ordinance.
SEC. 28.15.15. - Conversion impact report related to subdivision of mobile home park.
At the time of filing a tentative or a parcel map for a subdivision to be created from the
conversion of a mobile home park to another use, the subdivider shall also file a report on the
impact of the conversion upon the displaced residents of the mobile home park to be converted.
In determining the impact of the conversion on displaced mobile home park residents, the report
shall address the availability of adequate replacement space in mobile home parks within a radius
of twenty (20) miles.
The subdivider shall make a copy of the report available to a resident and to the registered
owner of each mobile home in the mobile home park at least thirty (30) days prior to the hearing
on the map by the city council or its delegated advisory agency.
The city council or its delegated advisory agency which is authorized by city ordinance to
approve, conditionally approve or disapprove the map may require the subdivider to take steps
to mitigate any adverse impact of the conversion on the ability of displaced mobile home park
residents to find adequate space in a mobile home park.
SEC. 28.15.20. - Compliance with the Subdivision Map Act.
In addition to the provisions of this Article, conversion of mobile home parks shall comply
with the Subdivision Map Act, Sections 66427.4, 66427.5 and 66428.1.
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ARTICLE XI.
MERGER OF SUBSTANDARD SIZE PARCELS.
SEC. 28.16. - Applicability.
Contiguous parcels or units of land that do not conform to the standards for minimum lot
size under the zoning ordinance of the city may be merged in accordance with this Article or by
other methods in this Chapter, such as with the recording of a parcel map or a lot line adjustment,
and the Subdivision Map Act.
SEC. 28.16.05. - Conditions under which contiguous parcels may merge.
A parcel or unit of land may be merged with a contiguous parcel or unit of land pursuant to
the procedures set forth if all of the following conditions are met:
a. All of the parcels or units of land are held by the same owner.
b. One (1) of the parcels or units of land does not conform to the standards for minimum
lot size under the zoning ordinance of the city.
C. One (1) of the parcels or units of land is either:
1. Undeveloped where there is no structure for which a building permit was issued
or for which a building permit was not required at the time of construction.
2. Developed only with an accessory structure or structures.
3. Developed with a single structure, other than an accessory structure, that is
sited over the common lot line of the contiguous parcels or units of land to be merged.
d. One (1) or more of the following conditions exist:
1. One (1) of the parcels or units of land comprises less than five thousand (5,000)
square feet in area at the time of determination of merger.
2. One (1) of the parcels or units of land was not created in compliance with
applicable laws and ordinances in effect at the time of its creation.
3. Does not meet current standards for sewer disposal and domestic water supply.
4. Has no legal access which is adequate for vehicular and safety equipment access
and maneuverability.
5. Its development would create health and safety hazards.
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6. Is inconsistent with the applicable general plan and any applicable precise plan
other than minimum lot size or density standards.
Subsection (d) shall not apply if one (1) or more of the parcels or unit of land is enforceably
restricted open space land on or before July 1, 1981, land devoted to an agricultural use on or
before July 1, 1981 or other land, as further defined in Paragraphs (A) through (E), inclusive, of
Section 66451.11 of the Subdivision Map Act.
SEC. 28.16.10. - Application; Fee.
A complete application for a request for merger shall be filed by the owner or owner's
representative with the community development department on forms furnished by the
community development department. The application shall include a legal description and plat
of the affected parcels or units of land.
b. At the time of filing an application for a request for merger, the applicant shall pay a
processing fee, the amount of which shall be set by resolution or ordinance of the city council.
SEC. 28.16.15. - Notice of intention to determine status; Recording.
a. Upon receipt of a complete application, the community development director or
designee shall mail, by certified mail, to the then -current record owner of the property a notice
of intention to determine status, notifying the owner that the affected parcels may be merged
pursuant to standards specified in this article and advising the owner of the opportunity to
request a hearing on the determination of status and to present evidence at the hearing that the
property does not meet the criteria for merger.
b. The notice of intention to determine status shall be filed for record with the county
recorder on the date that notice is mailed to the property owner.
SEC. 28.16.20. - Request for hearing.
At any time within thirty (30) days after recording of the notice of intention to determine
status, the owner of the affected property may file with the community development director or
designee a request for hearing on determination of status.
SEC. 28.16.25. - Procedures for hearing; determination of status.
a. Upon receiving a request for a hearing on determination of status from the owner of
the affected property pursuant to Sec. 28.16.20, the community development director or
designee shall fix a time, date and place for a hearing to be conducted by the subdivision
committee and shall notify the property owner of that time, date and place for the hearing by
certified mail.
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b. The hearing shall be conducted not more than sixty (60) days following the receipt of
the property owner's request for the hearing but may be postponed or continued with the
mutual consent of the subdivision committee and the property owner.
C. At the hearing, the property owner shall be given the opportunity to present any
evidence that the affected property does not meet the standards for merger specified in this
Article.
d. At the conclusion of the hearing, the subdivision committee shall make a
determination that the affected parcels are to be merged or are not to be merged and shall so
notify the owner of its determination.
e. A determination of merger shall be recorded within thirty (30) days after conclusion
of the hearing, as provided for in Sec. 28.16.35.
SEC. 28.16.30. - Determination of status when no hearing is requested.
a. If, within the thirty (30) day period specified in Sec. 28.16.20, the owner does not file
a request for hearing, the subdivision committee may, at any time thereafter, make a
determination that the affected parcels are to be merged or are not to be merged.
b. A determination of merger shall be recorded, as provided for in Sec. 28.16.35, no later
than ninety (90) days following the mailing of notice of intention to the property owner.
SEC. 28.16.35. - Notice of merger; Effective date.
If the subdivision committee determines that the subject property is to be merged, a notice
of merger specifying the names of the record owners and describing the real property shall be
filed for record with the county record. A merger of parcels becomes effective when the notice
of merger is recorded.
SEC. 28.16.40. - Notice of nonmerger; Authority to deny merger.
a. If the subdivision committee determines that the subject property is not to be
merged, a letter shall be mailed to the applicant stating that the merger application has been
denied.
b. A notice of nonmerger shall be filed for record with the county recorder to release
the notice of intention to determine status that was previously recorded on the property. The
notice of nonmerger shall specify the names of the record owners and shall particularly describe
the real property.
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C. Pursuant to Section 66451.16 of the Subdivision Map Act, a determination of
nonmerger may be made whether or not the affected property meets the standards for merger
specified in Sec. 28.16.05.
ARTICLE XII.
VESTING TENTATIVE AND PRELIMINARY PARCEL MAPS.
SEC. 28.17. - Vesting maps; Applicability.
a. This Article shall apply to all developments. Whenever provisions of the Subdivision
Map Act, as implemented and supplemented by this Article, require the filing of a tentative or
preliminary parcel map for a development project, a vesting tentative map or vesting preliminary
parcel map may instead be filed, in accordance with the provisions of this Article and the
Subdivision Map Act.
b. If a subdivider does not seek the rights conferred by this Division, the filing of a vesting
tentative map or vesting preliminary parcel map shall not be a prerequisite to any approval for
any proposed subdivision, permit for construction or work preparatory to construction.
SEC. 28.17.05. - Filing.
A vesting tentative or preliminary parcel map shall be filed with the community
development department in the same application form and have the same contents,
accompanying data and reports and shall be subject to the same fees and processed in the same
manner as required for a nonvesting tentative or preliminary parcel map. In addition, the vesting
map shall have printed conspicuously on its face the words "Vesting Tentative Map" or "Vesting
Preliminary Parcel Map," as appropriate. A map filed without this printing shall not be a vesting
tentative map or vesting preliminary parcel map, and the provisions hereof shall not apply to
such a map.
SEC. 28.17.10. - Rights of an approved vesting map; time period for rights; extensions.
a. The approval or conditional approval of a vesting tentative or preliminary parcel map
shall confer a vested right to proceed with development in substantial compliance with the
ordinances, policies and standards in effect on the date the application for a vesting tentative or
preliminary parcel map is determined to be complete except for previously initiated proceedings
to amend or enact ordinances, policies or standards.
b. Notwithstanding subsection (a) of this Section, a permit, approval, extension or
entitlement may be made conditionally or denied if any of the following are determined:
1. A failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both.
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2. The condition or denial is required in order to comply with state or federal law.
C. The rights referred to herein shall expire if a final or parcel map is not approved prior
to the expiration of the vesting tentative or preliminary parcel map. If the final or parcel map is
approved, these rights shall last for the following periods of time:
1. The initial period of time shall be one (1) year after the final or parcel map is
recorded. Where several final or parcel maps are recorded on various phases of a project covered
by a single vesting tentative or preliminary parcel map, the one (1) year initial time period shall
begin for each phase when the final or parcel map for that phase is recorded.
2. The initial time period set forth in subsection (c)(1) of this Section shall be
automatically extended by any time used for processing a complete application for a grading
permit or for design or architectural review, if such processing time exceeds thirty (30) days from
the date a complete application is filed.
3. A subdivider may apply to the community development department for a one
(1) year extension at any time before the initial time period set forth in subsection (c)(1) of this
Section expires. If the extension of a vesting tentative or preliminary parcel map is denied by the
subdivision committee, the subdivider may appeal that denial to the city council within fifteen
(15) days.
4. If the subdivider submits a complete application for a building permit during the
periods of time specified in subsections (c)(1) through (c)(3) of this Section, the rights referred to
herein shall continue until the expiration of that permit, or any extension of that permit.
SEC. 28.17.15. - Amendments.
If the ordinances, policies or standards described in Sec. 28.17.10 are changed subsequent
to the approval or conditional approval of a vesting tentative or preliminary parcel map, the
subdivider, at any time prior the expiration of the vesting tentative map pursuant to Sec.
28.17.10(c)(1) through (c)(3), may apply to the community development department for an
amendment to the vesting tentative or preliminary parcel map to secure a vested right to
proceed with the changed ordinances, policies or standards. The application shall clearly specify
the changed ordinances, policies or standards for which the amendment is sought.
SEC. 28.17.20. - No effect on taxing authority of the city.
Nothing herein shall be construed to limit, restrict or modify the authority of the city to
collect any fees, taxes or any other exactions, which are not or may hereafter by ordinance be
imposed, as a condition to the city issuance of permits, approvals or entitlements to proceed with
any development for which a vesting tentative or preliminary parcel map may have been
approved, or conditionally approved, under this Article. The city expressly reserves both the right
to increase any existing fees or taxes now required as a condition to the issuance of any such
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permits, approvals or entitlements, and the right hereafter to impose any additional fees or taxes
as conditions to the future issuance of such permits, approvals or entitlements, if, in the sole
judgment of the city council, the public health, safety or welfare shall so require.
SEC. 28.17.25. - Map expiration.
The approval or conditional approval of a vesting tentative map shall expire at the end of
the same time period and shall be subject to the same terms and extensions as are applicable for
tentative maps. Similarly, the approval or conditional approval of a vesting preliminary parcel
map shall expire at the end of the same time period and shall be subject to the same terms and
extensions as are applicable for preliminary parcel maps.
APPENDIX A.
PAST ORDINANCE NUMBERS AND
EQUIVALENT UPDATED ORDINANCE NUMBERS.
Past Ordinance Number
Updated Ordinance Number
Article I. General Subdivision Provisions
Article I. General Subdivision Provisions
28.1 Authority for local regulations;
application
No change
28.2 References to other laws
28.1.05 References to other laws
28.3 Prohibitions of sale, lien or lease
28.1.10 Prohibitions of sale, lien or lease
28.4 Transactions voidable
28.1.15 Transactions voidable
28.5 Issuance of permits
28.1.20 Issuance of permits
28.6 Reapportionment of assessments
28.1.25 Reapportionment of assessments
28.7 Short title
28.1.30 Short title
28.7.1 Definitions
28.1.35 Definitions
Article II. Environmental and Planning
Findings
Article II. Environmental and Planning
Findings
28.8 through 28.8.3 Mandatory findings;
Permissive findings; Environmental findings;
Compliance with tentative map
28.2 through 28.2.15 Mandatory findings;
Permissive findings; Environmental findings;
Compliance with tentative map
Article III. Preliminary Parcel Maps and
Tentative Maps
Article III. Preliminary Parcel Maps, Urban
Lot Splits and Tentative Maps
Division 1 Preliminary Parcel Maps
Division 1 Preliminary Parcel Maps
28.9 Filing
28.3 Filing
28.9.1 Lot line adjustment
28.3.05 Lot line adjustment
28.10 Filing fee
28.3.10 Filling fee
28.11 Form of preliminary parcel map
28.3.15 Form of preliminary parcel map
28.12 Content
28.3.20 Content
28.13 Procedure for approval of preliminary
parcel maps
28.3.25 Procedure for approval of
preliminary parcel maps
Division 2 Tentative Maps
Division 2 Urban Lot Splits
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Past Ordinance Number
Updated Ordinance Number
New sections
28.4 through 28.4.25 Filing; Filing fee; Form
of tentative map; Content; Procedure for
approval of tentative maps; Improvements
New division
Division 3 Tentative Maps
28.14 Filing
28.5 Filing
28.15 Filing fee
28.5.05 Filing fee
28.16 Form of tentative map
28.5.10 Form of tentative map
28.17 Content
28.5.15 Content
28.18 Procedure for approval of tentative
maps
28.5.20 Procedure for approval of tentative
maps
Article IV Parcel Maps and Final Maps
Article IV Parcel Maps and Final Maps
Division 1 Parcel Maps
Division 1 Parcel Maps
28.19 Filing
28.6 Filing
28.20 Form
28.6.05 Form
28.21 Content
28.6.10 Content
28.22 Survey requirements
28.6.15 Survey requirements
28.23 Other requirements
28.6.20 Other requirements
28.24 Form of dedication
28.6.25 Form of dedication
28.25 Approval and recording of the parcel
map
28.6.30 Approval and recording of the parcel
map
28.26 Improvements
28.6.35 Improvements
Division 2 Final Maps
Division 2 Final Maps
28.27 Filing
28.7 Filing
28.28 Form
28.7.05 Form
28.29 Content
28.7.10 Content
28.30 Survey requirements
28.7.15 Survey requirements
28.31 Other requirements
28.7.20 Other requirements
28.32 Approval and recording of final maps
28.7.25 Approval and recording of final maps
28.33 Improvements
28.7.30 Improvements
Article V Design Standards
Article V Design Standards
Division 1 General
Division 1 General
28.34 Applicability
28.8 Applicability
28.35 Duty to improve: Manner
28.8.05 Duty to improve: Manner
28.36 Plans and specifications
28.8.10 Plans and specifications
28.37 Drainage, access and public safety
structure
28.8.15 Drainage, access and public safety
structure
28.38 Street width
28.8.20 Street width
28.39 Alley widths
28.8.25 Alley widths
28.40 Dead end streets (cul-de-sacs)
28.8.30 Dead-end streets (cul-de-sacs)
28.41 Relation to adjacent street systems
28.8.35 Relation to adjacent street systems
28.42 Relation to transit rights-of-way
28.8.40 Relation to transit rights-of-way
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Past Ordinance Number
Updated Ordinance Number
28.43 Street names
28.8.45 Street names
28.44 Street trees
28.8.50 Street trees
28.45 Lighting
28.8.55 Lighting
28.46 Signs and posts
28.8.60 Signs and posts
28.47 Division of land into large lots
28.8.65 Division of land into large lots
28.48 Pedestrian ways and bikeways
28.8.70 Pedestrian ways and bikeways
Division 2 Utilities
Division 2 Utilities
28.49 Utilities
28.9 Utilities
28.50 Easements
28.9.05 Easements
28.51 Installation
28.9.10 Installation
28.52 Undergrounding of electric,
communication or similar associated utility
service
28.9.15 Undergrounding of electric,
communication or similar associated utility
service
Division 3 Soils Tests
Division 3 Soils Tests
28.53 Preliminary soils report
28.10 Preliminary soils report
28.54 Formal report
28.10.05 Formal report
28.55 Issuance of building permits
28.10.10 Issuance of building permits
28.56 Notation on final map
28.10.15 Notation on final map
28.57 Report on file
28.10.20 Report on file
Division 4 Provisions for Park Land Dedication
or Fees In Lieu Thereof
Division 4 Provisions for Park Land Dedication
or Fees In Lieu Thereof
28.58 through 28.66 repealed by Ord. No.
4.97, 3/25/97
Article VI. Condominiums, Community
Apartment Projects and Common Green
Subdivisions
Article VI. Condominiums, Community
Apartment Projects and Common Green
Subdivisions
28.67 Applicability
28.11 Applicability
28.68 Map filing and form; project plan
required
28.11.05 Map filing and form; project plan
required
28.68.1 Buyer protection provisions
28.11.10 Buyer protection provisions
28.69 Design standards for new
condominiums, stock cooperatives,
community apartment projects, common
green subdivisions and tenancies -in -common
28.11.15 Design standards for new
condominiums, stock cooperatives,
community apartment projects, common
green subdivisions and tenancies -in -common
28.69.1 Condominium development initially
for rental purposes
28.11.20 Condominium development initially
for rental purposes
Article VII. Residential Condominium
Conversions
Article VII. Residential Condominium
Conversions
28.70 Purpose
28.12 Purpose
28.71 Applicability
28.12.05Applicability
28.72 Permit
28.12.10 Permit
28.73 Tenant noticing requirements
28.12.15 Tenant noticing requirements
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Past Ordinance Number
Updated Ordinance Number
28.74 Process
28.12.20 Process
28.75 Required city council findings for
approval; grounds for denial
28.12.25 Required city council findings for
approval; grounds for denial
28.76 Design and safety standards for
conversions
28.12.30 Design and safety standards for
conversions
Article VIII. Commercial Condominium
Conversions
Article VIII. Commercial Condominium
Conversions
28.80 Purpose
28.13 Purpose
28.81 Applicability
28.13.05 Applicability
28.82 Permit
28.13.10 Permit
28.83 Tenant noticing requirements
28.13.15 Tenant noticing requirements
28.84 Process
28.13.20 Process
28.85 Required city council findings for
approval; grounds for denial
28.13.25 Required city council findings for
approval; grounds for denial
28.86 Design and safety standards for
conversions
28.13.30 Design and safety standards for
conversions
Article IX. Conversion Limitation Act
Article IX. Conversion Limitation Act
28.90 Statement of purpose
28.14 Statement of purpose
28.91 Definitions
28.14.05 Definitions
28.92 Limitations on conversions
28.14.10 Limitations on conversions
28.93 Majority petition exception
28.14.15 Majority petition exception
28.94 Scope
28.14.20 Scope
28.95 Tenant protections
28.14.25 Tenant protections
28.96 Partial invalidity
28.14.30 Partial invalidity
Article X. Mobile Home Park Conversion or
Cessation of Use
Article X. Mobile Home Park Conversion or
Cessation of Use
28.98 Repealed by Ord. No. 18.89, 10/10/89
28.100 Findings and policy
28.15 Findings and policy
28.101 Conversion impact report; notice to
residents; hearing; bankruptcy exception;
fees
28.15.05 Conversion impact report; notice to
residents; hearing; bankruptcy exception;
fees
28.102 Notice to residents and owners of
mobile homes
28.15.10 Notice to residents and owners of
mobile homes
28.103 Conversion impact report related to
subdivision of mobile home park
28.15.15 Conversion impact report related to
subdivision of mobile home park
28.103.1 Compliance with Subdivision Map
Act
28.15.20 Compliance with the Subdivision
Map Act
Article XI. Merger of Substandard Sized
Parcels
Article XI. Merger of Substandard Sized
Parcels
28.104 Applicability
28.16 Applicability
28.105 Conditions under which contiguous
parcels may merge
28.16.05 Conditions under which contiguous
parcels may merge
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Past Ordinance Number
Updated Ordinance Number
28.106 Application; fee
28.16.10 Application; fee
28.107 Notice of intent to determine status;
hearing
28.16.15 Notice of intent to determine
status; hearing
28.108 Request for hearing
28.16.20 Request for hearing
28.109 Procedures for hearing;
determination of status
28.16.25 Procedures for hearing;
determination of status
28.110 Determination of status when no
hearing is requested
28.16.30 Determination of status when no
hearing is requested
28.111 Noticed of nonmerger; authority to
deny merger
28.16.35 Noticed of nonmerger; authority to
deny merger
Article XII. Vesting Tentative and
Preliminary Parcel Maps
Article XII. Vesting Tentative and
Preliminary Parcel Maps
28.121 Vesting maps: applicability
28.17 Vesting maps: applicability
28.122 Filing
28.17.05 Filing
28.123 Rights of an approved vesting map;
time period for rights; extensions
28.17.10 Rights of an approved vesting map;
time period for rights; extensions
28.124 Amendments
28.17.15 Amendments
28.125 No effect on taxing authority of the
city
28.17.20 No effect on taxing authority of the
city
28.126 Map expiration
28.17.25 Map expiration"
Section 2. The provisions of this ordinance shall be effective thirty (30) days from and after
the date of its adoption.
Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be unconstitutional, such decision shall not affect the validity of the other
remaining portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared
unconstitutional.
Section 4. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that
copies of the foregoing proposed ordinance be posted at least two (2) days prior to its adoption
in three (3) prominent places in the City and that a single publication be made to the official
newspaper of the City of a notice setting forth the title of the ordinance, the date of its
introduction, and a list of the places where copies of the proposed ordinance are posted.
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