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Mill Valley City Zoning Code

CHAPTER 20

40 C-G DISTRICTS-GENERAL COMMERCIAL DISTRICTS

§ 20.40.010 Purpose and intent.

The General Commercial districts provide commercial uses intended to serve both neighborhood and regional uses, and include larger shopping centers and commercial developments. Development in these zones may include a variety of commercial and office functions and residential uses above the first floor.
A. 
Alto Center. The Alto Center area accommodates commercial and office land uses while providing mixed-use and residential opportunities at densities of 17 DU/acre to 29 DU/acre. The area is mainly zoned General Commercial (C-G) and hosts large-lot commercial areas with adjacent pockets of higher density residential in accordance with the adopted Land Use Map. Upper-floor stepbacks are not required in this zone.
B. 
Redwood Highway. The Redwood Highway area accommodates General Commercial (C-G) uses while also providing higher density residential in accordance with the adopted Land Use Map. The area features large-lot developments in close proximity to Highway 101 which host a variety of commercial and office functions. The development standards for Redwood Highway allow for slightly higher FAR and lot coverage than the Alto Center character area while also not requiring stepbacks for three-story structures. A variety of housing types are permitted both by-right and conditionally in this area.
C. 
Miller Avenue "Gateway." The Miller Avenue Gateway area includes both General Commercial (C-G) and Neighborhood Commercial (C-N) parcels at the transition from neighborhood commercial portions of Miller Avenue "Main Street" down to the Miller Avenue "Marsh" residential district. This area will continue its current development pattern and accommodate housing types with a density range in accordance with the adopted Land Use Map.
(Ord. 1278 § 13, July 18, 2016)

§ 20.40.020 Permitted uses.

The following uses are permitted provided they do not occupy more than 1,500 square feet of floor area (exclusive of storage and non-public areas) and provided that the use is entirely enclosed within a building unless an outdoor dining area or outdoor merchandise permit is obtained in accordance with the provisions of Chapter 20.65:
1. 
Art galleries and interior decorating and photography studios;
2. 
Automotive part stores;
3. 
Barber and beauty shops;
4. 
Bookstores;
5. 
Card and stationery shops;
6. 
Catalogue sales with warehouse facilities not exceeding an additional 1,500 square feet;
7. 
Chamber of Commerce offices and community service organizations;
8. 
Cleaners without processing facilities on-site;
9. 
Clothing and shoe stores;
10. 
Computer, video, radio, TV and other electronic equipment—rental, sales and service stores;
11. 
Copying, fax, postal box and packaging facilities;
12. 
Dressmaking, millinery, sewing, shoe repair and tailor shops;
13. 
Drug and variety stores;
14. 
Emergency shelters, which, notwithstanding the restriction set forth above, may occupy more than 1,500 square feet of floor area (exclusive of storage and non-public areas), if necessary to offer the services contemplated by this chapter;
14.1. 
Low Barrier Navigation Center, as permitted and regulated under Government Code Sections 65660-65668.
15. 
Florists;
16. 
Furniture and home furnishing stores;
17. 
Hardware, paint and art supply stores;
18. 
Hobby, toy and bike shops;
19. 
Jewelry, watch and clock sales and repair;
20. 
Linen, yarn, yardage, drapery and window covering stores;
21. 
Luggage stores;
22. 
Music shops;
23. 
Optical sales;
24. 
Pet and pet supply stores (not including kennels);
25. 
Photographic supply and processing shops;
26. 
Plumbing and appliance supplies and service;
27. 
Political campaign offices;
28. 
Professional and administrative offices located on other than the street level;
29. 
Public utility offices;
30. 
Real estate offices;
31. 
Sporting goods stores;
32. 
Travel agencies;
33. 
One or two commercial amusement devices. Commercial amusement device means any game, including, but not limited to, video or electronic games, available for temporary hire on the premises as a form of entertainment;
35. 
Home occupations (subject to Section 20.60.250);
36. 
Mixed-use, with all floor area on the ground floor that directly abuts Camino Alto, East Blithedale, Miller Avenue, Throckmorton or Redwood Highway Frontage Road shall consist of nonresidential uses permitted by this chapter, or entryways (for businesses and/or residences). Ground floor space that abuts a rear yard may be used for commercial space, shared space (such as restrooms, mail rooms, courtyards or storage) or residential use;
37. 
Multi-family residential, in the following situations only:
a. 
As allowed through the Housing Overlay Zoning Districts established by Chapter 20.30; or
b. 
Residential facilities (small and large), transitional housing, supportive housing, and single room occupancy dwellings; or
c. 
Deed-restricted affordable housing projects meeting the requirements of Government Code Section 65915(b)(1)(G); and
38. 
Any other use which, in the opinion of the Planning Director, is of the same general character as those listed above.
(Ord. 1106 § 1, April 20, 1992; Ord. 1203 § 2, May 16, 2005; Ord. 1264 § 20, November 3, 2014; Ord. 1278 § 13, July 18, 2016; Ord. 1351, 5/6/2024; Ord. 1354, 9/16/2024)

§ 20.40.030 Conditionally permitted uses.

The following uses are permitted subject to the securing of a conditional use permit or by obtaining an outdoor dining area or outdoor merchandise display permit in accordance with the provisions of Chapter 20.65:
A. 
Automotive repair facilities;
B. 
Bakeries;
C. 
Banks and automatic bank machines not in conjunction with a bank;
D. 
Bars;
E. 
Car wash facilities;
F. 
Coffee shops and cafés;
G. 
Collection facilities for recyclable materials or donations to non-profit organizations;
H. 
Cookie and candy stores;
I. 
Dance or exercise studios;
J. 
Delicatessens;
K. 
Food stores;
L. 
Gasoline stations;
M. 
Ice cream and yogurt shops;
N. 
Liquor stores;
O. 
Meeting facilities;
P. 
Professional and administrative office uses located at street level;
Q. 
Restaurants (sit down and take-out);
R. 
All other commercial, administrative, professional and light industrial uses not otherwise prohibited, including those uses specified in Section 20.40.020 which occupy more than 1,500 square feet of floor area (exclusive of storage and non-public areas) and those which are conducted at least partially outside unless an outdoor dining area or outdoor merchandise display permit is obtained in accordance with the provisions of Chapter 20.65;
S. 
Buildings occupied by two or more independent retail specialty shops where each shop does not have separate and direct customer access to the street;
T. 
Division of an existing retail space with at least 4,000 square feet of floor area (exclusive of storage and non-public areas) into two or more smaller retail spaces. In addition to the finding specified in Chapter 20.64 of this title, the Commission must also find that the loss of the particular large commercial space will not adversely affect the opportunity to retain a mix of commercial uses within the community;
U. 
(Reserved)
V. 
(Reserved)
W. 
Live-work units, with work space on the ground floor;
X. 
The conversion of an automobile service station to a self-serve only station or the addition of a minimarket or car wash; and
Y. 
All businesses seeking to provide three or more commercial amusement devices. In addition to the guidelines set forth in Chapter 20.64 of this title, relative to conditional use permits, the Planning Commission shall review each application for a use permit according to the following criteria:
1. 
Noise generation;
2. 
Traffic from employees, customers and clients, and availability of parking spaces for both vehicles and bicycles:
a. 
One vehicular parking space shall be provided for every five commercial amusement devices,
b. 
One on-site bicycle space shall be provided for every two commercial amusement devices. Bicycle parking shall be in bicycle racks or stands and shall not obstruct required exits. Bicycle parking may be required inside buildings if no acceptable outside area exists on site;
3. 
Hours of operation;
4. 
Proximity to schools;
5. 
Supervision;
6. 
Potential for serving alcoholic beverages;
7. 
Loitering; and
8. 
Comments from the Police Department.
Z. 
The addition of "off-sale," "beer and wine" or "general" liquor sales to any existing or otherwise permitted use.
AA. 
Wireless telecommunications facilities as further outlined in Chapter 20.73.
(Ord. 1106 § 2, April 20, 1992; Ord. 1203 § 3, May 16, 2005; Ord. 1264 § 21, November 3, 2014; Ord. 1278 § 13, July 18, 2016; Ord. 1304 § 1, September 6, 2018; Ord. 1351, 5/6/2024)

§ 20.40.040 Prohibited uses.

The following uses are prohibited:
A. 
Manufacturing and heavy industrial uses;
B. 
Incineration or reduction of garbage, dead animals or refuse;
C. 
Storage or baling of scraps, paper, rags or junk;
D. 
Cargo containers and trailer coach (as defined in California Vehicle Code Section 635) for office use, storage use, or for any other purpose;
E. 
Any other enterprise or use which, in the opinion of the Planning Commission, may constitute a nuisance or which may be noxious or offensive by reason of emission of odor, dust, smoke, gas or noise; and
F. 
Any uses not enumerated in Section 20.40.020 and for which no conditional use permit could be issued under Section 20.40.030.
(Ord. 1106 § 3, April 20, 1992; Ord. 1219 § 2, July 2, 2007; Ord. 1278 § 13, July 18, 2016; Ord. 1297 § 4, November 6, 2017)

§ 20.40.050 Development standards.

A. 
Commercial development shall comply with the following development standards:
1. 
Building Height. The maximum building height shall be 35 feet.
2. 
Yard, Exterior. There shall be no exterior yard required, except where the frontage in the block is partially in an R district or the property is subject to an established official plan line, then the exterior yard of the R district or the official plan line, whichever is more restrictive, shall apply.
3. 
Yard, Interior. There shall be no interior yards required, except that where the boundary of a commercially zoned lot abuts on any R district, that yard shall not be less than as required in such R district.
4. 
Hours of Operation. Except as otherwise set forth herein with respect to emergency shelters, the hours of operation for all commercial uses abutting R districts shall be limited to between the hours of 8:00 a.m. and 8:00 p.m. A request to allow commercial activities to exceed the 8:00 a.m. to 8:00 p.m. hours of operation shall be considered by the Planning Commission only after a public hearing. Applications for extended hours should be filed on a form prescribed by the Planning Commission and shall be accompanied by the reasons for the modifications. The request shall be noticed as per Section 20.60.200.
B. 
Development standards for mixed-use developments and multi-family residential authorized by Chapter 20.30 shall comply with Chapter 20.48.
(Ord. 820 § 3; Ord. 888 § 1, March 21, 1977; Ord. 1264 § 22, November 3, 2014; Ord. 1278 § 13, July 18, 2016; Ord. 1351, 5/6/2024)

§ 20.40.051 Property development standards-Emergency shelters.

A. 
Shelter Capacity. An emergency shelter for homeless persons shall contain no more than 20 beds and shall serve no more than 20 persons nightly.
B. 
Parking. On-site parking for shelter users shall include one space for each employee on the maximum staffed shift. Employees include persons directly employed by the shelter, as well as on-site staff, independent contractors, and volunteers.
C. 
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.
D. 
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.
E. 
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.
F. 
Concentration of Uses. No more than one emergency shelter shall be permitted within a radius of 300 feet of another emergency shelter.
G. 
Emergency Shelter Operations. The agency or organization operating the emergency shelter shall comply with the following requirements:
1. 
Hours of Operation. Clients shall only be on-site and admitted to the facility between 5:00 p.m. and 8:00 a.m.
2. 
Length of Stay. Each emergency shelter resident shall stay for no more than 90 days (cumulative) in a 365-day period. Extensions up to a total stay of 180 days in a 365-day period may be granted by the shelter provider if no alternative housing is available.
3. 
On-Site Staff. At least one manager shall be on-site during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off-site. The manager must be accompanied by one supporting staff member for every 15 beds occupied in the facility.
4. 
Management Plan. Prior to commencing operation, the shelter operator shall provide a written management plan to the Planning and Building Director for approval. The management plan shall include: primary contact information for the facility, hours of operation, admission hours and intake process, staff training, neighborhood outreach and privacy, security, queuing and/or loitering regulations, noise control, resident counseling and treatment, maintenance plans, residency and guest rules, procedures, staffing needs, and other regulations, as appropriate, or as requested by the Planning and Building Director.
5. 
Annual Report. The provider shall provide an annual report of the use of the facility and determination of compliance with the City's development standards to the Planning and Building Director annually based on the start date of the said emergency shelter.
(Ord. 1264 § 23, November 3, 2014; Ord. 1278 § 13, July 18, 2016; Ord. 1354, 9/16/2024)

§ 20.40.060 Shopping center signs-Use permit.

No shopping center identification signs shall be permitted unless a use permit is first secured. In considering the application for such use permit, the total signing plan for the shopping center shall be reviewed and, notwithstanding the provisions of Chapter 20.74 of this title, any reasonable conditions may be imposed regarding the number, size, color or design of signs in the shopping center. For purposes of this section, a "shopping center identification sign" is defined as a sign used or intended for the purpose of collective identification of a group of independent, retail commercial establishments, which have separate outside customer entrances, and which have common parking or circulation facilities.
(Ord. 820 § 3, June 3, 1974; Ord. 1278 § 13, July 18, 2016)