Mill Valley City Zoning Code

The overall purposes and intents of commercial districts are as follows:

The purpose and intent of each commercial district is as follows:

Additional purposes and intents of specific commercial character areas are as follows:

Allowed Uses. The uses allowed in commercial zoning districts shall be as provided in Table 20.40-1. Certain allowed uses are permitted by right, while other allowed uses require a conditional use permit (CUP) or administrative use permit (AUP). See Chapter 20.64 for CUP and AUP process and findings.

Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See Section 20.60.140 for regulations regarding legal nonconforming uses.

Multiple Uses. If a proposed project involves more than one use, the level of approval required for the project shall be that of the use with the highest level of approval.

Consolidation of Uses. Consolidation of two or more smaller tenants into one larger tenant space requires a CUP in the C-D district subject to maximum floor area as provided in Table 20.40-1.

Division of Uses. Division of an existing tenant space over 5,000 square feet in any commercial zone district into two or more smaller tenant spaces requires an AUP unless a higher level of approval is otherwise required per Table 20.40-1. In addition to the findings specified in Chapter 20.64 of this title, the Director of Planning and Building must also find that the loss of the large commercial space will not adversely affect the opportunity to retain a mix of commercial uses within the community.

Similar Uses. Any use not listed in Table 20.40-1 as permitted or conditionally permitted is specifically prohibited unless a use determination by the Director of Planning and Building is made which finds the unlisted use is of the same general character as a use listed in Table 20.40-1 and meets the purpose and intent of the zoning district where the use is proposed. The unlisted use shall be subject to the use permit applicable to the similar listed use.

Accessory Uses. Uses that are accessory to a primary use are allowed if they comply with all relevant development standards. Examples of accessory uses include but are not limited to accessory office space serving first floor retail and limited retail associated with personal and business services.

Temporary Uses. Temporary uses on private property may be allowed in the C-G, C-N, C-D, or C-L district with a temporary use permit (TUP) pursuant to Section 20.64.070. Temporary uses on public property may be allowed with a permit pursuant to Chapter 11.34 and the Mill Valley Special Event Application Handbook.

Change of Use. Use permits run with the land. A new use may operate under an existing CUP or AUP that was established for a prior use if the new use is the same type of use and in compliance with the conditions of approval of the existing use permit. Otherwise, a new use permit or use permit amendment may be required. See Section 20.64.080 for the change of use process.

Table 20.40-1 identifies the land uses allowed in the commercial zoning districts and the land use permit required to establish each use. The "Specific Use Regulations" column in Table 20.40-1 includes municipal code sections with regulations and definitions that apply to specific land uses. Provisions of other sections of this municipal code may also apply. All square footage numbers provided in this table are gross floor area.

Commercial development shall comply with the following development standards:

Commercial development shall comply with the following use standards:

Design Guidelines. Commercial development shall comply with the applicable design guidelines contained in the Commercial Design Guidelines for Town Center/Lytton Square, Lower Miller Avenue, East Blithedale/Alto Center, and Redwood Highway Frontage Road, as adopted and amended from time to time.

Required approvals for proposed commercial use or development projects may include but shall not be limited to the following:

Food Establishments. Food establishments must obtain a certificate from the Marin County health officer or authorized representative, per Chapter 7.12.

Alcohol Sales. A valid alcoholic beverage sale permit from the California Department of Alcoholic Beverage Control shall be obtained and maintained as an on-going condition for alcohol sales.

Garbage, Recycling and Compost. There shall be sufficient garbage, recycling, compost and edible food collection facilities to meet the requirements of Chapter 7.04. The property owner shall install, empty, and maintain appropriately sized garbage and recycling container(s) on site with a timely pick-up schedule. The exterior of the premises shall be kept free of litter, garbage and graffiti at all times.

Noise. The business shall operate within all applicable requirements of the City's noise ordinance and policies. The interior and exterior design of the facility and the daily operation of the business shall make every reasonable effort to minimize noise and odor that may affect nearby residents. The business shall not dispose of bottles and cans in outside trash or recycling receptacles after 10:00 p.m. on any evening.

Sidewalks. Sidewalks shall be steam cleaned (in accordance with all Marin County Stormwater Pollution Prevention Program [MCSTOPP] regulations) at least once annually or as needed.

Pest Control. There shall be a rodent and pest control plan for the property with timely pest control activities to keep the property free of rodents and pests.

Staff Training. The business management shall provide on-going training of staff regarding these regulations and ensure by appropriate signage or other information that customers leaving the premises in the evening should respect the residential character of Mill Valley and avoid loud conversations, slamming of car doors, loitering and other actions that may affect nearby residents.

Response to Complaints. The business management shall be responsible for providing a timely response to complaints about noise and/or the operation of the establishment that may be in violation of these regulations.

Permit Requirements.

Location and Design Criteria.

Operations.

The number of such uses presently existing or recently approved within the affected neighborhood and within the City and the need of the community for additional numbers of such uses, paying particular heed to the question of whether the neighborhood is already adequately served by similar uses.

The recommendations of the City Engineer, Police and Fire Departments as to traffic, safety and other matters.

Off-Street Parking. Parking requirements may be imposed exceeding those set forth in Chapter 20.61.

Ventilation. Doors and windows may be required to be closed between certain hours. The applicant may be required to install and maintain mechanical equipment sufficient to provide adequate ventilation without reliance upon open doors and windows. The applicant may be required to provide the building official with the necessary engineering data to verify that this condition can be met.

Noise. The applicant may be required to provide adequate measures controlling noise within and without the premises.

Hours of Operation. The hours of the proposed use and the potential conflict of those hours with the health, safety and comfort of the residents of the neighborhood.

Seating Capacity and Occupancy Load. Seating capacity and occupancy load may be limited and the applicant required to provide reasonable means of enforcing such limitations.

Administrative Use Permit (AUP) shall be required for indoor recreation uses meeting all the following criteria:

Conditional use permit (CUP) shall be required for all other indoor recreation uses.

In addition to the use permit findings set forth in Section 20.64.040, each application for a use permit shall be reviewed according to the following criteria:

Location.

Visual Buffer.

Lane Design.

Noise. Speaker noise levels measured at a drive-through site property line shall not exceed applicable noise standards as set forth in Chapter 7.16.

Parking. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.

Shelter Capacity. An emergency shelter for homeless persons shall contain no more than 20 beds and shall serve no more than 20 persons nightly.

Parking. On-site parking for shelter users shall include one space for each employee on the maximum staffed shift, but in no case shall the on-site parking requirement exceed parking requirements for another residential or commercial use within the same zone district. Employees include persons directly employed by the shelter, as well as on-site staff, independent contractors, and volunteers.

Lighting. External lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows. The lighting shall be stationary and designed, arranged and installed so as to confine direct rays onto the premises and to direct light away from adjacent structures and public rights-of-way. External lighting shall be of an intensity compatible with the neighborhood.

On-Site Waiting and Intake Areas. An interior waiting and intake area shall be provided. This area must contain a minimum of 200 square feet, but should be designed to accommodate the maximum number of person(s) served (as identified in subsection A, when feasible. An exterior waiting area or queuing area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. Said exterior area shall not be located within or block the public right-of-way. The management plan outlined in subsection G.4 shall establish hours in which persons are permitted to line up in the waiting area for admission to the shelter, and will require monitoring of the waiting area by the shelter provider to avoid any public nuisance.

Security. Security personnel shall be provided during operational hours whenever clients are on the site. A security plan shall be submitted to the City prior to issuance of a certificate of occupancy.

Concentration of Uses. No more than one emergency shelter shall be permitted within a radius of 300 feet of another emergency shelter.

Emergency Shelter Operations. The agency or organization operating the emergency shelter shall comply with the following requirements:

Use Standards.

Development Standards. Development standards for mixed-use and multi-family developments in Commercial Zoning Districts are provided in Table 20.40-2.

Additional Development Standards.

Design Guidelines and Standards. Applications that qualify under this section shall comply with the applicable design guidelines and standards contained in the Multi-Family Residential, Downtown Residential and Mixed-Use Design Guidelines and Development Standards, as adopted and amended from time to time.

Modified Standards. Applications may qualify for relaxed or modified development standards under Chapter 20.30 or 20.81.

Purpose. This section provides standards for the development of new live/work units, and for the reuse of existing commercial structures to accommodate these units. Live/work units are intended to be occupied by business operators who live in the same structure where the commercial activity or industry occurs. A live/work unit includes work-related activities that are beyond the scope of a home occupation.

Approval Process. Live/work units shall be subject to the administrative use permit (AUP) process in Chapter 20.64, in addition to any other relevant entitlements per Section 20.40.030D. Construction of a live/work unit shall require a building permit per Chapter 14.05 and operation of a business in a live/work unit shall require a business license per Chapter 5.08.

Limitations on Use. The nonresidential component of a live/work project shall be a use otherwise allowed within the applicable zoning district, subject to the following additional limitations:

Mixed-use development standards and guidelines live/work units shall be subject to the mixed-use standards in Table 20.40-2 and the applicable design guidelines and standards contained in the Multi-Family Residential, Downtown Residential and Mixed-Use Design Guidelines and Development Standards, as adopted and amended from time to time.

Additional Objective Live/Work Design Standards. In addition to the standards in subsection D, live/work units shall also be subject to the following design standards.

Operating Requirements.

Changes in Use. After approval, a live/work unit shall not be converted to entirely residential use unless authorized through AUP approval. AUP approval shall require that the Planning Director or appointee first finds that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants.

Required Findings. The approval of live/work unit shall require that the review authority first make all of the following findings, in addition to all findings required for AUP approval: