Mill Valley Zoning Code

Mill Valley, California

Zoning Code — Title 20

Source: ecode360.com

Chapter 20.04 TITLE—PURPOSE AND INTERPRETATION (§ 20.04.010 – § 20.04.050)

The purpose of this title is to regulate the use and improvement of land, buildings, and other structures in order to insure that the growth and development of the City of Mill Valley occurs in an orderly and desirable manner; to encourage the most appropriate use of land throughout the City; to control the proliferation of any given land uses; to provide adequate light, air, and reasonable access; to secure safety from fire and other dangers; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewage, schools, parks, and other public improvements; to protect the character, integrity and viability of residential, commercial and other areas within the City; to ensure the conservation of energy and to promote and encourage the use of solar energy systems; and in general to promote the public health, safety, peace, quiet, convenience, comfort, and welfare. (For definition of Solar Energy System refer to Section 20.08.164.)

(Ord. 742 § 1; Ord. 999 § 6, November 15, 1982)

The provisions of this title are held to be the minimum requirements to accomplish its purpose. Except where provided, it is not intended by the adoption of this title to repeal or in any way to impair or interfere with any existing provisions of law, ordinance, rules, regulations or permits previously adopted or issued, or which shall be adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by this title to interfere with, or annul any easement, covenant or other agreement between parties; provided, however, that in cases in which this title imposes a greater restriction than is imposed or required by the provisions of any other law, ordinance, rules, regulations or permits, then in such cases the provisions of this title shall control.

This title is not intended to legalize or give validity to any use of any land or building in the City of Mill Valley existing and maintained in violation of any prior law, rule or regulation or to bar any criminal or civil action for violation of any prior law, rule or regulation and all such civil and criminal actions are declared, saved and preserved.

All other ordinances and parts of ordinances of the City in conflict with this title, to the extent of such conflict and not further, are repealed, provided that nothing contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license, or both, to cover any business, trade or occupation. This title shall be known and cited as the "Zoning Ordinance of the City of Mill Valley." Reference to section numbers herein are to the sections of this title.

(Ord. 1182 § 2, April 2, 2002)

No buildings or structures shall be erected, reconstructed, moved or structurally altered in any manner, nor shall any buildings, other structures or land be used or designed for any purpose or in any manner other

than as permitted by and in conformance with this title.

(Ord. 1182 § 2, April 2, 2002)

It is unlawful to use or occupy, or permit the use of, or occupancy of, any lot or part thereof, or any structure hereafter erected, altered, or converted wholly or in part, until a certificate of occupancy has been issued. The Building Official shall issue a certificate of occupancy when a project complies with all provisions of this title and all other titles applicable thereto, including all health laws, and all conditions of any permits have been met.

No change of uses shall be made pertaining to any lot, or part thereof, nor in any structure now or hereafter erected, or altered, that is not consistent with the provisions of this title.

(Ord. 1182 § 2, April 2, 2002)

No building permit or certificate of occupancy shall be issued by the Building/Zoning Code Inspector for

the use of any lot, or part thereof, nor for the use, erection or alteration of any building or structure, contrary to the provisions of this title. Any building permit or certificate of occupancy issued contrary to the provisions of this title shall be null and void.

(Ord. 1182 § 2, April 2, 2002)

The provisions of this title are not applicable to public utility transmission and distribution lines, pipelines, and towers, poles, and similar installations adjunct thereto, except that utility substations, generating plants, service yards, buildings, and similar uses shall be required to conform to this title.

(Ord. 1182 § 2, April 2, 2002)

No application for a building permit on any property or for any other permit or license for a new use of any property shall be approved by the various City departments while proceedings are pending for the reclassification of such property or for the establishment or change of a building setback line thereon unless the construction and use proposed under that permit or license would conform both to the existing classification of such property or setback line thereon and also to the different classification or setback line under consideration in those proceedings.

(Ord. 1182 § 2, April 2, 2002)

If any section, subsection, sentence, clause or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The City Council declares that it would have passed this title and each section, subsection,

sentence, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid.

Chapter 20.08 DEFINITIONS (§ 20.08.010 – § 20.08.200)

For the purpose of this title, unless the context otherwise requires, the following definitions shall be used in the interpretation of this title.

"Accessory buildings or structures" are functional, manmade features, enclosures, covers or buildings which are subordinate to the main building, the use of which is incidental to the permissible use of the main building on the same lot. Accessory structures shall include patio covers, potting sheds, storage sheds, workshops, pool equipment enclosures, swimming pools, patio decks 18 inches or greater above grade, stables, gazebos, detached residential second units above, below or within new or existing garages, detached garages, detached carports, and fences exceeding seven feet in height in required interior yards

and fences exceeding four feet in height in required exterior yards, or within 15 feet of the street corner of a corner lot.

(Ord. 1188 § 1, June 2, 2003)

"Accessory use" means a use incidental and subordinate to the principal use.

"Adjusted floor area" is the square footage of a proposed project on the subject lot as calculated in Section 20.16.040(A)(1) with square footage disincentives for floor height over 14 feet and incentives to encourage appropriately proportioned garages and second units.

(Ord. 1199 § 1, March 1, 2004; Ord. 1258 § 2, October 7, 2013)

"Automobile service station" means an enterprise which provides all of the following:

A.

Gasoline and motor oil dispensing services provided by attendants on at least one-half of the gasoline pump island;

B.

An operating lube bay;

C.

Minor automobile mechanical services;

D.

Related sale of automotive parts, tires, batteries, and accessories.

(Ord. 891, April 18, 1977)

"Basement" means a subterranean enclosed area that extends vertically no more than three feet on all sides of such enclosed area above the existing grade or finished grade, whichever is lower. The enclosed area is measured from the interior structural dimensions of the basement.

(Ord. 1258 § 2, October 7, 2013; Ord. 1277 § 1, June 6, 2016)

A "breezeway" is a roof extension or covered passageway that connects two or more otherwise unattached structure(s). Breezeways shall not be considered a part of the principal structure.

(Ord. 1330 § 2, November 15, 2021)

"Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term building shall include mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) and placed on a foundation system, pursuant to Section 18551 of the Health and Safety Code.

(Ord. 1002 § 1, March 21, 1983)

"Building height" means the vertical distance from the natural grade to the highest point of the structure.

Maximum height is measured from natural grade to an imaginary plane located the allowed number of feet above and parallel to the natural grade. Any structure built prior to the effective date of the ordinance codified herein shall be exempt from becoming nonconforming, with respect to height, by application of this section. Any proposed addition to an existing structure shall conform to the provisions of this section. See Section 20.90.030(A)(11) for measurement of overall height for an accessory dwelling unit.

(Ord. 1036 § 1, June 17, 1985; Ord. 1330 § 2, November 15, 2021)

"Main or principal building" means a building in which is conducted the main or principal use of the building site on which it is situated.

"Clustered or grouped single family housing development" means a residential development within which single family dwellings are situated more densely on certain portions of the property in order to have other portions free of buildings and within which the total number of dwelling units does not exceed the acreage divided by the minimum lot size set forth in Section 20.16.040.

(Ord. 841 § 2, April 30, 1975)

"Collector" means any of a wide variety of devices used to collect the sun's energy for heating, electric generation, or to dissipate heat for natural cooking.

(Ord. 999 § 6, November 15, 1982)

"Condominium" means an estate in real property, the nature of which is defined in Section 4125 of the Civil Code, and the duration of which is as set forth in Section 783 of the Civil Code.

(Ord. 1264 § 1, November 3, 2014)

"Condominium conversion" means the conversion of the ownership of the units in a residential housing project consisting of units that are or were previously occupied as rental units from a single ownership to an ownership in which the residential units may be sold individually, and may include, but is not limited to, the conversion of rental units into a condominium project (as defined in Section 20.59.020), a community apartment project (as defined in Section 11004 of the Business and Professions Code), or a stock cooperative (as defined in Section 11003.2 of the Business and Professions Code).

(Ord. 1264 § 2, November 3, 2014)

"Cottage development" means multiple small detached dwelling units on a single multi-family lot. (Ord. 1278 § 2, July 18, 2016)

A "critical root zone" is the portion of the root system that is the minimum necessary to maintain vitality or stability of the tree. Encroachment or damage to the critical root zone will put the tree at risk of failure.

(Ord. 1278 § 8, July 18, 2016)

"Involuntary demolition" means demolition or damage to buildings, garages and/or accessory structures due to unanticipated or accidental events such as, but not limited to, fire, earthquake, mudslide, flooding, or collision. Involuntary demolition does not include deterioration by weathering and/or dry rot, or deterioration due to inadequate maintenance.

(Ord. 1277 § 2, June 6, 2016)

"Voluntary demolition" means removal or damage to buildings, garages and/or accessory structures due to acts of the property owner or his or her representative.

(Ord. 1277 § 2, June 6, 2016)

A.

Single Family Dwelling. "Single family dwelling" or "single family dwelling unit" means a building on an individual lot, designed for and used as a dwelling unit for one family or housekeeping unit, which is not arranged, or designed, or equipped to permit two or more families or housekeeping units to live independently of each other.

B.

Multiple Family Dwelling. "Multiple family dwelling" or "multiple family dwelling unit" means a building or buildings designed for or used as dwelling units for two or more families or housekeeping units living independently of each other, including duplexes, condominiums, apartment houses, flats, rooming, and boarding houses for three or more separate tenants, but not including automobile courts, motels, apartment hotels, rest homes, ADUs, or JADUs.

1.

Duplex. A "duplex" is a residential development with two primary dwelling units within the massing of a single structure. This use type is distinguished from a residential ADU, which is an accessory dwelling unit as defined by state law and subsection E of this section. A duplex building may consist of two side-by-side units or two stacked units that have separate entrances that face the street with no internal connections between dwelling units.

Multiplex. A "multiplex" is three or more dwelling units on a single lot that may be either attached or detached. Typical uses include condominiums and apartment buildings.

3.

Multi-Family Efficiency. A "multi-family efficiency unit" (also referred to as "micro-apartment units" or "micro-units") is a small multi-family dwelling unit that includes a full bathroom and kitchen and sleeping quarters and functions as an independent housekeeping unit.

C.

Live-Work Unit. "Live-work unit" is a dwelling unit that is used jointly by the occupant(s) for a nonresidential use that is permitted or conditionally permitted under the applicable zoning district, and for residential purposes, where the residential use of the space is secondary or accessory to the primary place of work. D.

Single Room Occupancy Dwelling Unit. "Single room occupancy dwelling (SRO)" means a residential building consisting of individual secure rooms that are each rented to one or two persons. Individual rooms within an SRO may share common kitchen facilities and may or may not have private sanitation facilities.

E.

Accessory Dwelling Unit. "Accessory dwelling unit" (also "ADU," "second unit," or "granny unit") has the same meaning as defined in the California Government Code Section 65852.2, as amended from time to time, and shall include permanent provisions for independent living from the primary residence including sleeping, eating, cooking, and sanitation.

1.

Attached ADU. "Attached ADU" means a new ADU is constructed as a physical expansion (i.e., addition) of the primary dwelling and is attached to the single-family dwelling unit by one or more common walls. 2.

Converted ADU. "Converted ADU" means an ADU created within the interior of an existing structure that occupies part of the floor area of the existing structure, as defined in this chapter. A converted ADU does not include an ADU that would: (a) increase the height of an existing structure; (b) require removal of more than 50 cubic yards as part of the excavation of an existing structure; or (c) increase the gross floor area of the existing structure by more than 150 square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress.

3.

Detached ADU. "Detached ADU" means a new ADU that is located on the property such that the unit does not share any walls with the single family dwelling unit or multiple family dwelling unit, and the distance between the nearest point of any portion of the unit and the single family dwelling unit or multiple family dwelling unit is six feet or more. An ADU that is attached to the single family dwelling unit or multiple family dwelling unit by a breezeway is considered detached.

F.

Junior Accessory Dwelling Unit. "Junior accessory dwelling unit" (also known as "junior ADU" or "JADU") has the same meaning as defined in the California Government Code Section 65852.22, as amended from time to time.

(Ord. 1264 § 3, November 3, 2014; Ord. 1278 § 1, July 18, 2016; Ord. 1330 § 2, November 15, 2021; Ord. 1351, 5/6/2024)

"Dwelling unit" means any building or buildings or portion thereof designed, intended or used as a separate dwelling accommodation and having its own kitchen. A building or buildings designed or intended to be a single family residence shall constitute one dwelling unit. Each separate apartment or unit of an apartment

house, duplex, or other type of attached housing having its own kitchen facilities shall constitute a separate dwelling unit.

(Ord. 1264 § 4, November 3, 2014)

"Effective lot area" is the gross area of a lot minus any portion of the lot encumbered by recorded easement for trails, driveways, landscaping, parking or roadways.

(Ord. 1182 § 3, April 2, 2002; Ord. 1307 § 1, March 4, 2019)

"Emergency shelter," shall have the same meaning as defined by California Health and Safety Code Section 50801(e) and Government Section 65583, as amended from time to time.

(Ord. 1264 § 5, November 3, 2014; Ord. 1354, 9/16/2024)

"Employee Housing," shall mean housing that provides for five or more employees as defined in the California Employee Housing Act (including California Public Health and Safety Code Sections 17000 through 17062.5), as may be amended. Employee Housing is privately operated and does not include government-owned and -operated migrant worker facilities. Employee housing includes living quarters provided in connection with any work, whether or not rent is involved.

more employees as defined in the California Employee Housing Act (including California Public Health and Safety Code Sections 17000 through 17062.5), as may be amended. Employee Housing is privately operated and does not include government-owned and -operated migrant worker facilities. Employee housing includes living quarters provided in connection with any work, whether or not rent is involved.

Pursuant to California Health and Safety Code Section 17021.5, Employee Housing that provides for six or fewer employees shall be deemed a single-family structure with a residential land use designation for the purposes of this title. For the purpose of all local ordinances, employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone. Use of a family dwelling for purposes of employee housing serving six or fewer persons shall not constitute a change of occupancy for purposes of California Health and Safety Code Part 1.5 (commencing with Section 17910) or local building codes.

(Ord. 1353, 9/16/2024)

"Existing structure" means an existing permitted or otherwise legal single family dwelling (including all fully enclosed areas such as a partial basement or an attached garage), multiple family dwelling, or other permitted accessory structure that can be safely converted into habitable space under building and fire codes.

(Ord. 1330 § 2, November 15, 2021)

"Family" means two or more persons living together as a single housekeeping unit. Family also means the residents and operators of a licensed residential facility as that term is defined in California Health and Safety Code Section 1502(a)(1).

(Ord. 1264 § 6, November 3, 2014; Ord. 1351, 5/6/2024)

"Floor area ratio" means the formula used to calculate the maximum amount of adjusted floor area allowed based on the effective area of the lot.

(Ord. 1258 § 2, October 7, 2013)

"Gasoline service station" means an enterprise which provides gasoline and motor oil dispensing services, but which is not an automobile service station as defined in Section 20.08.035.

(Ord. 891 § 2, April 18, 1977)

"Existing grade" means either: (1) the ground level existing prior to the commencement of any new development, major remodel or minor remodel on the site; or (2) the extrapolated ground level that would have existed if not for a manmade improvement over such ground level. Existing grade or an extrapolated grade shall be established by a licensed land surveyor or registered civil engineer, unless an exception is granted by the Director of Planning and Building for a minor remodel.

(Ord. 1277 § 2, June 6, 2016; Ord. 1307 § 1, March 4, 2019)

"Finished grade" means the final ground level proposed for new development, major remodel or minor remodel. Finished grade also means the final ground level at the completion of new development, major remodel or minor remodel. Finished grade shall be shown on a property survey depicting accurate current conditions completed by a licensed land surveyor or registered civil engineer.

(Ord. 1277 § 2, June 6, 2016)

"Natural Grade." See definition for Existing grade.

(Ord. 1277 § 2, June 6, 2016)

"Gross floor area" means the total floor area within a building, as defined in Section 20.16.040(A)(1)(a). Measurements must be taken from the exterior faces of exterior walls.

(Ord. 1330 § 2, November 15, 2021)

"Household" means one person or two or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.

(Ord. 1278 § 5, July 18, 2016)

"Housekeeping unit" means one person or two or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.

(Ord. 1264 § 7, November 3, 2014)

"Kitchen" means a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing. A kitchen shall include all of the following: a sink with hot and cold running water; a range or stove-top and an oven; at a minimum, an apartment-sized refrigerator; and built-in dish and utensil storage spaces. In addition to the aforementioned improvements, a kitchen may also include any of the following: microwave, convection oven, hot plate or automatic dish washer. (Ord. 1330 § 2, November 15, 2021)

As defined in the California Health and Safety Code.

"Off-street loading space" means an open area, a minimum of 10 by 25 feet, other than a street or other public way used for the loading or unloading of goods, and located on the lot where the building or use which it serves is located.

"Lot" means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as may be required under the provisions of this title having not less than the minimum area required by this title for a building site in the district in which such lot is situated, and having its principal frontage on a street. Any parcel of land which has been created in violation of any ordinance regulating the division of land or the creation of building parcels shall not be deemed a "lot" within the meaning of this title.

"Low barrier navigation center," shall have the same meaning as defined by Government Code Section 65660, as amended from time to time.

(Ord. 1354, 9/16/2024)

"Master streets and highways plan" means the section of the "Master Plan of the Mill Valley Community" which includes the streets and highways plan map and the select street system map.

A "mature tree" means any tree that is 36 inches in circumference (or more) (approximately 11.5 inches in diameter), measured at breast height (four and one-half feet above natural grade). The following trees shall not be classified as mature trees regardless of size:

A.

Bailey, Green or Black Acacia: A. baileyana, A. dedurrens or A. melanoxylon;

B.

Tree of Heaven: Ailianthusaltissima;

C.

Monterey Pine: Pinusradiata; and

D.

Eucalyptus: Eucalyptus globulous.

(Ord. 1278 § 7, July 18, 2016)

"Mixed-use" means: (1) any building containing one or more dwelling units, and one or more nonresidential uses that are permitted or conditionally permitted under the applicable zoning district; or (2) a site on which residential and nonresidential uses permitted or conditionally permitted under the applicable zoning district are established in separate buildings. A site may include contiguous parcels.

(Ord. 1351, 5/6/2024)

Multiple family dwelling. See "Dwelling" Section 20.08.070(B) of this chapter.

(Ord. 1264 § 8, November 3, 2014)

"New development" means a proposed building, garage and/or accessory structure, if any, located on a lot which includes no structures or on a lot in which the existing buildings, garages and/or accessory structures have been either voluntarily or involuntarily demolished.

(Ord. 1277 § 2, June 6, 2016)

For purposes of this title, a "nonconforming building or structure" is defined as either of the following unless a variance or conditional use permit therefor has been obtained:

A.

A building or structure, the present design of which is for a nonconforming use; or

B.

A building or structure, which does not comply with the regulations of this title, including, but not limited to, building height, yards (setbacks), adjusted floor area and lot coverage.

(Ord. 1277 § 2, June 6, 2016)

For the purposes of this title, a "nonconforming use" is defined as a lawful use of a building or land existing

at the time of the adoption of this title or an amendment thereto which does not conform to the regulations for the zoning district in which it is located.

(Ord. 1277 § 2, June 6, 2016)

"Nursing home," also referred to as a rest home, convalescent home, skilled nursing facility, or intermediate care facility means a type of residential care for people who require continual nursing care and have significant difficulty coping with the required activities of daily living. Nursing aides and skilled nurses are usually available 24 hours a day.

(Ord. 1264 § 9, November 3, 2014)

"Official plan line" means a line set forth by legal description and delineated on a map, which has been officially adopted as a line across any property which establishes the future right-of-way width for a street. "Owner" includes the beneficial owners of any trust, limited liability company, corporation or other legal entity that is the legal owner of the single-family dwelling unit or multiple family dwelling unit. (Ord. 1330 § 2, November 15, 2021)

"Parking area or parking lot" (public or private) means an open area or lot, other than a street or other public way, used for the parking of vehicles and available whether for a fee, free, or as an accommodation

for clients, customers, employees or the general public, and shall not include loading space, nor shall it include the area used to display or store vehicles for sale.

As required by Section 20.60.090, "off-street parking space and vehicle storage for motorized vehicles" shall mean the following:

A.

Garage, Two Car. A "two-car garage" is an attached or detached building, which is enclosed on four sides; has minimum dimensions of 20 feet wide by 20 feet deep measured to the exterior of the structure; and contains one or more operable door(s) that total a minimum of 16 feet in width. A two-car garage is primarily used for vehicle storage and secondarily used for miscellaneous storage. B.

Garage, One Car. A "one-car garage" is an attached or detached building, which is enclosed on four sides; has minimum dimensions of 12 feet wide by 20 feet deep measured to the exterior of the building; and contains an operable door that is a minimum of eight feet wide. A one-car garage is primarily used for vehicle storage and secondarily used for miscellaneous storage.

C.

Carport. A "carport" is an attached or detached structure, which is enclosed on no more than three sides and includes a roof or other covering. A carport is primarily used for vehicle storage and secondarily may contain concealed space for miscellaneous storage.

D.

Car Deck. A "car deck" is an unenclosed and uncovered structure providing off-street vehicle storage spaces, normally constructed at the street level of a sloping lot and primarily used for vehicle storage. A car deck is primarily used for vehicle storage and secondarily may contain concealed space for miscellaneous storage within an area not to exceed a height of 42 inches measured from the finished elevation of the car deck.

E.

Driveway Vehicle Storage. "Driveway vehicle storage" means an area on an all-weather surface of a lot which provides the required parking pursuant to Section 20.60.090.

(Ord. 1277 § 2, June 6, 2016)

"Parking space" means a space of at least nine by 20 feet located entirely off the street right-of-way and on the lot where the building or use which it serves is located.

(Ord. 1188 § 5, June 2, 2003)

"Major remodel" means structural modifications or additions made to a dwelling, which are greater than

50% of either: (1) the current square footage of such dwelling; or (2) the current exterior roof structure and exterior walls of such dwelling.

(Ord. 1277 § 2, June 6, 2016)

"Minor remodel" means modifications or additions made to a dwelling which are not considered to be a major remodel by definition.

(Ord. 1277 § 2, June 6, 2016)

"Long-term rental" means the rental of all or a portion of a dwelling unit for 30 days or greater of consecutive tenancy.

(Ord. 1278 § 3, July 18, 2016)

"Short-term rental" means the rental of all or a portion of a dwelling unit for less than 30 days consecutive tenancy.

(Ord. 1278 § 4, July 18, 2016)

"Residential facility," as defined by California Health and Safety Code Section 1502, means any family home, group care facility, or similar facility determined by the Director of the California Department of Social Services, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Small" residential facilities are those in which six or fewer persons live together, and pursuant to Health and Safety Code Section 1566.3, are required to be classified as a residential use for zoning purposes. "Large" residential facilities are those in which seven or more persons live together.

(Ord. 1264 § 10, November 3, 2014) Residential second unit. See "Dwelling" Section 20.08.070(E) of this chapter.

(Ord. 1264 § 11, November 3, 2014)

"Roof surface" means the exterior surface of the roof, excluding accessory units such as those identified in Section 20.60.060.

(Ord. 1258 § 2, October 7, 2013) Single room occupancy dwelling. See "Dwelling" Section 20.08.070(D) of this chapter.

(Ord. 1264 § 12, November 3, 2014)

"Solar access" means provision of needed sunlight for successful operation of solar systems.

(Ord. 999 § 6, November 15, 1982)

"Solar easement" means the right of receiving sunlight across real property of another for any solar energy system.

(Ord. 999 § 6, November 15, 1982)

"Solar energy system" means any solar collector, other solar energy device or any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, water heating or generation of electricity.

(Ord. 999 § 6, November 15, 1982)

"Southroof" means the plane representing that portion of a roof which faces plus or minus 40 degrees to true south. In the case of flat roof surfaces, that portion of the roof used to support solar collectors or other solar devices for the collection, storage, or distribution of solar energy.

(Ord. 999 § 6, November 15, 1982)

"Southwall" means the plan representing the wall of a structure which faces plus or minus 40 degrees of true south.

(Ord. 999 § 6, November 15, 1982)

"Street" means a public right-of-way which affords a means of vehicular access to an abutting property adequate to permit the servicing of said abutting property by police, fire, and other emergency vehicles. "Street grade" means the top of the established street grade in front of the property involved, measured at the center of such frontage.

"Supportive housing," as defined by California Health and Safety Code Section 50675.14(b)(2), means

housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is treated as a residential use for zoning purposes, subject only to restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. 1264 § 13, November 3, 2014)

A "swimming pool" shall be considered a structure.

"Target population," as defined by California Health and Safety Code Section 50675.14(b)(3), means persons, including persons with disabilities, and families who are "homeless," as that term is defined by 42

U.S.C. Section 11302, or who are "homeless youth," as that term is defined by Government Code Section 11139.3(e)(2). Individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless," as that term is defined by 42 U.S.C. Section 11302, when approved for tenancy in the supportive housing project in which they currently reside. (Ord. 1264 § 14, November 3, 2014)

A "top floor" means a level or floor of a structure, or any portion thereof, which has nothing but a roof and/or undeveloped space (e.g., an undeveloped attic) above it. For the purposes of this definition, any enclosed but undeveloped volumes in an attic which are included in the adjusted floor area calculation in Section 20.16.040(A)(1)(a)(iii) will be considered developed space and also the top floor.

(Ord. 1258 § 2, October 7, 2013)

"Transitional housing," as defined by California Health and Safety Code Section 50675.2(h), means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of assistance. Transitional housing is treated as a residential use for zoning purposes, subject only to restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. 1264 § 15, November 3, 2014)

"True south" means the direction of the south terrestrial pole.

(Ord. 999 § 6, November 15, 1982)

A "usable outdoor living area" is an area or a series of areas on a lot of such shape or shapes that it or they can be efficiently utilized for recreation and outdoor living.

A.

Private Useable Outdoor Living Area. "Private useable outdoor living areas" are areas used by and accessible to a single dwelling unit.

B.

Shared Useable Outdoor Living Area. "Shared useable outdoor living areas" are outdoor areas accessible by all dwellings within a multi-family dwelling development. Shared useable outdoor areas do not need to be accessible by the general public.

(Ord. 1278 § 6, July 18, 2016)

"Yard" means an open space, unoccupied and unobstructed from the ground upward, except by a fence not exceeding seven feet in height in required interior yards and four feet in height in required exterior yards or within 15 feet of the street corner of a corner lot, lying between the main bearing wall of any buildings or structures and the nearest property line or official plan line. The dimensions herein required with respect to exterior and interior yards shall be measured on a horizontal plane from the main bearing wall of the building or structure to the nearest point on the property line or official plan line.

A.

Yard, Exterior. Any yard adjacent to a lot line separating a lot from a street to which that lot has legal access. Also referred to in this title as "exterior setback."

B.

Yard, Interior. Any yard not an exterior yard. Also referred to in this title as "interior setback."

(Ord. 996 § 1, November 1, 1982; Ord. 1182 § 3, April 2, 2002)

Chapter 20.12 DISTRICTS GENERALLY (§ 20.12.010 – § 20.12.040)

The several districts into which the City of Mill Valley is divided are designated as follows: A. Residential Districts. RS single family residential district, RM multiple family residential district, DR downtown residential district, R-P planned residential district; B. Commercial Districts. C-G general commercial district, C-R commercial-recreation district, C-F community facilities district, C-N neighborhood commercial district;

C. Other Districts. O-A open area district, U unclassified district — newly annexed areas, PD planned development district, H-O historic overlay district, Office conversion housing overlay district, Small lot housing overlay district, Opportunity site housing overlay district. (Ord. 787 § 1; Ord. 972 § 2, December 15, 1980; Ord. 1278 § 9, July 18, 2016; Ord. 1349, 2/22/2024) Locations, boundaries, designations and classifications of the districts hereinabove established are delineated upon the map entitled, "Zoning Map City of Mill Valley," dated April 3, 1975, and as amended from time to time, which map is on file with the Planning Department and is made part of this title. (Ord. 842 § 1, April 3, 1975; Ord. 1051 § 1, April 21, 1986; Ord. 1182 § 4, April 2, 2002; Ord. 1232, May 5, 2008)

Where uncertainty exists as to minor discrepancies in boundaries of any zoning district as they appear on the zoning map, the Planning Commission, upon its own initiative or upon written application, shall determine the location of such boundaries.

Areas which shall hereafter be annexed to the City of Mill Valley shall, immediately upon annexation, be automatically classified as U Districts until their proper classifications are determined pursuant to the regular procedures for rezoning as required by law. The Planning Commission shall initiate rezoning procedures to place the newly annexed area into a precise zoning district. Such procedures for proper classification shall be initiated within three months following the date of annexation.

Chapter 20.14 CANNABIS PROHIBITIONS AND REGULATIONS (§ 20.14.010 – § 20.14.050)

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Cannabis"

means marijuana and all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medical, nonmedical, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.

"Cannabis product"

means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Commercial cannabis activity"

means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, nonmedical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.

"Commercial cannabis use"

means the use of any property for commercial cannabis activity.

"Compassionate Use Act"

means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5.

"Concentrated cannabis"

means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

"Cultivation"

means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Delivery"

means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

"Distribution"

means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from

time to time.

"Fully enclosed and secure structure"

means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

"Indoor"

means within a fully enclosed and secure structure.

"Manufacture"

means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"MAUCRSA"

means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.

"Medical Marijuana Program"

means California Health and Safety Code Sections 11362.7 through 11362.83, as such statutes may be amended from time to time.

"Outdoors"

means any location that is not within a fully enclosed and secure structure.

"Person"

means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators and assigns. The term "person" shall also include all persons who have an ownership or leasehold interest in any real property, premises and/or structures in which commercial cannabis activity is occurring.

"Primary caregiver"

shall have the same meaning as is defined in California Health and Safety Code Section 11362.7(d), as the same may be amended from time to time.

"Private residence"

means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.

"Qualifed patient"

means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time.

(Ord. 1297 § 4, November 6, 2017)

Subject to the exceptions set forth in Section 20.14.040, the following activities and uses are prohibited in the City:

A.

Commercial cannabis activity, whether or not for profit, is prohibited in the City. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the City. B.

Commercial cannabis uses are expressly prohibited in all zones and overlay districts in the City and shall not be operated anywhere in the City.

No person shall own, establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the City.

2.

A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

3.

The city shall not accept or approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use. Any such permit issued in error shall be null and void. C.

Outdoor cannabis cultivation is expressly prohibited everywhere in the City. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.

D.

Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with Section 20.14.030.

E.

No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the City.

1.

This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.

2.

The delivery of cannabis to a qualified patient or a primary caregiver from a business located outside the City and licensed under the MAUCRSA or any other provision of law that permits state licenses for medical cannabis businesses, shall be permitted into the City.

F.

Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state law.

(Ord. 1297 § 4, November 6, 2017)

It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for the

cultivation of cannabis except in strict compliance with all of the requirements set forth below. A.

Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence.

B.

Cannabis cultivation is permitted only within fully enclosed structures that are secured against unauthorized entry.

C.

Cannabis cultivation shall be limited to six plants total, whether immature or mature, regardless of how many residents reside at the private residence.

D.

Cannabis cultivation must comply with all applicable building code requirements set forth in the Mill Valley Municipal Code and Health and Safety Code Section 11362.2.

E.

Only persons 21 years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code Sections 11362.1 and 11362.2. No person under 21 years of age shall have access to cannabis cultivated at a private residence. F.

The owner of the property must provide written consent expressly allowing the cannabis cultivation to occur.

G.

The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing. H.

There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

(Ord. 1297 § 4, November 6, 2017)

A.

The delivery of cannabis to a qualified patient or a primary caregiver from a business located outside the City and licensed under the MAUCRSA or any other provision of law that permits state licenses for medical cannabis businesses, shall be permitted into the City.

B.

Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.

C.

Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code Section 11362.1. D.

Nothing in this chapter shall prohibit any commercial cannabis activity that the City is required by state law to permit within its jurisdiction pursuant to Business and Professions Code Section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA. (Ord. 1297 § 4, November 6, 2017)

In addition to any other enforcement permitted by this chapter of the Mill Valley Municipal Code, the City Attorney or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapters 8.01, 8.02 and 8.03 of the Mill Valley Municipal Code, no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71, et seq., or Section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under

Title 8, "Community Preservation," Chapters 8.01, 8.02, 8.03 and 8.72 of the Mill Valley Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord. 1297 § 4, November 6, 2017)

Chapter 20.16 RS DISTRICTS (§ 20.16.010 – § 20.16.050)

The following regulations shall apply with respect to each lot in all RS districts. The following uses are permitted:

A.

One single family dwelling, including transitional and supportive housing structured as single family dwelling;

B.

No more than two roomers per single family dwelling;

C.

Residential facility, small and large;

D.

Home occupation;

E.

Accessory structures;

F.

Residential accessory dwelling units, as authorized under Chapter 20.90; and

G.

Two units, as authorized under Chapter 20.91.

(Ord. 1182 § 5, April 2, 2002; Ord. 1188 § 7, June 2, 2003; Ord. 1264 § 16, November 3, 2014; Ord. 1331 § 2, November 15, 2021; Ord. 1351, 5/6/2024)

Prior to the issuance of a building permit in any RS-3A, RS-5A and RS-10A zoning district, the Planning Commission shall approve a site development plan fixing the location of all structures, roads, utilities and other improvements including site grading and landscaping.

(Ord. 841 § 3, April 30, 1975)

The following uses are permitted subject to the securing of a conditional use permit:

A.

Schools, public and private, including kindergartens, nursery schools and day care centers. The term "day care center," as used in this section, means any institution, boarding home, day nursery or other place required to obtain a license under the provisions of Division 9, Part 4, Chapter 1 of the Welfare and Institutions Code of the State of California;

B.

Church;

C.

Private park or playground;

D.

Public utility structure; E.

Parking lots when the lot is contiguous to any C district;

F.

Clustered or grouped single family housing developments in the RS-3A, RS-5A, RS-10A zoning districts, provided, however, that the number of dwelling units shall not exceed the total acreage of the development divided by the minimum lot size set forth in Section 20.16.040.

(784 § 1, February 20, 1973; Ord. 841 § 4, April 30, 1975; Ord. 1188 § 8, June 2, 2003)

Notwithstanding Sections 20.16.020 and 20.16.030 of this chapter, a large family day care home may be permitted in the RS district pursuant to a use permit issued under the authority of this section.

A.

Standards. The Director of Planning and Building shall issue a use permit to a large family day care home if the day care home meets the following standards and requirements as prescribed by state law:

1.

There shall be a minimum distance of 500 feet between the exterior property line of the site on which the large family day care home is located and the exterior property line of the nearest other licensed large family day care home.

2.

The operation of the large family day care home shall comply with all applicable noise regulations of this Code or the General Plan. The use of amplified music which can be heard from a public right-of-way or neighboring property is prohibited during hours of operation.

3.

In addition to the parking otherwise required for a single family home, one paved parking space, which may be tandem, shall be provided for each nonresident employee, nonresident aide and any other nonresident person engaged in the operation of the day care home. Unless such spaces are located in an existing driveway, such spaces shall be located on the premises outside of the exterior yard setback and shall conform to the requirements of Section 20.60.090 of this title.

4.

There shall be adequate parking for the loading and unloading of children. Loading and unloading shall be on site, or on the street side adjacent to premises. The applicant's driveway shall be sufficient for this purpose provided that the use of the driveway will not block the public right-of-way and all traffic laws are obeyed. Where street parking is available for residential uses, that shall be sufficient for this purpose provided that all traffic and parking regulations are obeyed and double parking is prohibited.

B.

Procedure. An application for a permit to operate a large family day care home shall be filed with the Director of Planning and Building in a form provided by the director. Such application shall be processed pursuant to the following procedures as required by state law.

1.

Notice. Notice of the director's decision to approve or deny a large family day care home shall be mailed, by United States mail, postage prepaid, to the applicants and all owners shown on the last equalized assessment roll as owning real property within 100 feet of the exterior boundaries of the proposed large family day care home 10 days prior to the effective date of the decision.

2.

Hearing. No public hearing on the application shall be held unless a hearing is requested in writing by the applicant or by an affected party owning real property within 100 feet of the exterior boundaries of the proposed large family day care home. The hearing, if requested, shall be conducted by the Zoning Administrator.

Appeal. The applicant or any interested party may appeal the decision of the Director to the Planning Commission.

(Ord. 1215 § 2, November 20, 2006)

The following property development regulations shall apply to all permitted uses within RS districts.

A.

Floor Area Calculations. These are the standards applied, along with other applicable development standards in this title and residential design guidelines, to effectively manage the height, bulk and mass of a given project in relation to the lot on which the project stands, in relation to surrounding structures on adjoining properties and in relation to the public realm (streets, sidewalks, open space, etc.).

1.

Adjusted floor area (as defined in Section 20.08.032) for a proposed project will be calculated as follows:

a.

The total gross floor area, measured from the outside faces of the structural walls, of all of the following will be totaled:

i.

All enclosed structures on the lot, including, but not limited to, the main dwelling structure, accessory structures, residential second units, and sheds that require a building permit. Enclosed patios, terraces and balconies are included, but basements, exterior areas under roof eaves or other cantilevered overhangs and non-enclosed spaces (e.g., balconies, decks and porches) or structures (e.g., gazebos and carports) are not included. A space is considered non-enclosed if it is substantially open on at least two sides (sides with guardrails are considered open).

ii.

All enclosed but undeveloped volumes which could be utilized in the future as floor area and have minimum dimensions of eight feet by 10 feet and seven feet headroom without additional excavation. All space horizontally contiguous to this minimum space which maintains at least a width of eight feet and seven feet head room without additional excavation will be included.

b.

The following will be subtracted from subparagraph 20.16.040(A)(1)(a) total above during the renovation or development of a single-family dwelling unit or two-unit project (see Chapter 20.91):

i.

For lots less than 10,000 square feet of gross area: up to 500 square feet of garage area and zero square feet of accessory dwelling unit area.

ii.

For lots 10,000 square feet or more in gross floor area: up to 500 square feet of garage area and zero square feet of accessory dwelling unit area.

c.

A 50% premium (floor area multiplied by 1.5) will be added for floor area in interior spaces that has a height over 14 feet wherever the 14-foot height measurement is exceeded. The height will be measured as follows.

i.

On a "top floor" (as defined in Section 20.08.192), wherever the slope of the roof is less than a ratio of four feet of rise to 12 feet of run, the height measurement shall be the vertical distance from the finished floor to the "roof surface" (as defined in Section 20.08.161).

ii.

On a top floor, wherever the slope of the roof is equal to or greater than a ratio of four feet of rise to 12 feet of run, the height measurement shall be the vertical distance from the finished floor to the roof surface, except any roof surface higher than the midpoint elevation between the elevation of the roof ridge and the elevation of the roof surface at the point directly above the exterior wall surface of the structure shall be ignored and the midpoint elevation shall be considered the top measurement point for this area. If the slope of the roof does not continue linearly to a roof ridge (e.g., as with gambrel and mansard roof styles), then the midpoint elevation will be calculated using the projected intersection of the roof lines as the ridge elevation.

iii.

On any floor or portion thereof with developed space above (see top floor definition at Section 20.08.192 for attic space), the height measurement shall be the vertical distance from the finished floor to the ceiling. d.

Stair well or elevator shaft floor area shall only be counted once for a building regardless of the number of floors through which the stair well or elevator passes.

e.

Interpretations of how to calculate adjusted floor area shall be made by the Director of Planning and Building and may be appealed to the Planning Commission as specified in Chapter 20.100. 2.

The maximum amount of adjusted floor area allowed on a specific lot shall be calculated using the applicable floor area ratio based on effective lot area (as defined in Section 20.08.090) as follows: a.

Lots with less than 8,000 square feet of effective lot area: 35% of the effective lot area.

b.

Lots with 8,000 to 20,000 square feet of effective lot area: 10% of the effective lot area plus 2,000 square feet.

c.

Lots with more than 20,000 square feet of effective lot area: five percent of the effective lot area plus 3,000 square feet, to a maximum of 7,000 square feet.

The maximum adjusted floor area may be reduced through design review pursuant to Chapter 20.66.

3.

During the improvement of an existing single family dwelling, any enclosed but undeveloped volumes may be converted to habitable space and shall not be restricted to the maximum adjusted floor area as determined by Section 20.16.040(A)(2); provided that the conversion of the existing space does not change the existing height, bulk, mass or footprint of the structure and only if minimal excavation or modification of the existing grade is required.

4.

For any existing single family dwelling where the adjusted floor area which existed on May 6, 1991 exceeded or was within 100 square feet of the maximum adjusted floor area specified in this section, a building permit may be obtained for up to 100 square feet of additional floor area where the proposed addition complies with all other provisions of this title (e.g., no variances allowed). This additional floor area will only be available once per parcel.

B.

Maximum Building Height for Dwelling. Twenty-five feet above natural grade.

Any single family dwelling, or portions of a single family dwelling, with more than twice all required yard setbacks may extend up to 35 feet above the natural grade.

Other exceptions to maximum height: See Section 20.60.060.

C.

Minimum Yard Setbacks.

Exterior: 15 feet.

Interior: One foot for every 1,000 square feet of effective lot area, but no less than five feet or more than 15 feet.

Exceptions to minimum yard setbacks: See Section 20.60.070.

D.

Minimum Lot Size and Width and Maximum Lot Coverage.

(Ord. 1182 § 5, April 2, 2002; Ord. 1258 § 2, October 7, 2013; Ord. 1264 § 17, November 3, 2014; Ord. 1330 § 2, November 15, 2021)

A.

Design review shall be required pursuant to Chapter 20.66.

B.

Off-street parking is required pursuant to Section 20.60.090.

C.

Garages, fences and other accessory structures shall be permitted pursuant to the provisions of Chapter 20.60.

(Ord. 1182 § 5, April 2, 2002)

Chapter 20.18 R-P DISTRICTS (§ 20.18.010 – § 20.18.110)

The purpose of this chapter is to effect the development of attractive residential properties in keeping with the character of the community with minimum disturbance to the quality of the neighborhoods and of the natural features of the landscape by requiring the approval of specific plans showing site design and overall design character prior to development.

In establishing R-P districts, the City of Mill Valley intends to make possible development in which the size and shape of buildings, building heights, and the open spaces surrounding buildings or groups of buildings may be varied. Density shall be set at a level or range of dwelling units which is consistent with limitations imposed by on-site, natural resource, topographic and geologic conditions and by the level of public services and road access that can be reasonably provided. The development approval process for R-P districts is intended to allow for continuous refinement of the permitted density as additional information is acquired regarding the capacity of the land.

(Ord. 660 § 1; Ord. 672 § 1; Ord. 709 § 1; Ord. 884 § 1, December 20, 1976; Ord. 1015 § 1, November 21, 1983)

Except for uses listed in Section 20.18.040, land zoned R-P may not be used, developed or graded for purposes of development until plans for development have been approved by the City. The procedural steps in obtaining plan approval of lands zoned R-P are as follows:

A.

A determination of land capacity (development density) must be obtained pursuant to Section 20.18.060. This land capacity determination is made by the Planning Commission, subject to appeal by the City Council, after public hearing. A technical Land Capacity Report, paid for by the applicant and prepared by a person or firm mutually acceptable to the applicant and the City, and submitted by the applicant, is used by the City as an aid in making the land capacity determination. The land capacity determination is intended as a guide to be used by the applicant and the City in preparation and review of a master plan and precise development plan for the property. However, if justified by subsequent information, the City may permit a greater or require a lesser density when a master plan is approved for the property.

B.

A master plan must be approved for development of the land pursuant to Section 20.18.080. The general development criteria contained in Section 20.18.070 govern the preparation of the master plan. C.

Following approval of the master plan, a precise development plan must be approved pursuant to Section 20.18.090.

D.

Since the master plan and precise development plan involve a more detailed study of the property, including its geology, accessibility, and other characteristics, information may come to light at these stages which may cause the City to either increase or decrease the allowed development density previously contained in the land capacity determination.

(Ord. 660 § 1; Ord. 672 § 1; Ord. 884 § 1, December 20, 1976; Ord. 1015 § 2, November 21, 1983) No real property zoned R-P shall be divided so as to create a parcel of less than 10 contiguous acres unless and until such subdivision is permitted under a planned development, which has been approved pursuant to this chapter.

(Ord. 660 § 1; Ord. 672 § 1; Ord. 884 § 1, December 20, 1976)

The following uses are permitted without planned development approval as required in this chapter: A.

Agriculture;

B.

One single family dwelling on any single holding of land zoned R-P;

C.

Accessory structures. (Ord. 660 § 1; Ord. 672 § 1; Ord. 709 § 2; Ord. 884 § 1; Ord. 976 § 1, April 20, 1981) The following uses are permitted upon obtaining planned development approval as required in this chapter; provided, however, that all uses other than dwellings shall be distinctly secondary and accessory to the residential use of the R-P District and surrounding property and shall not change the basic residential character of the R-P District.

A.

Attached and detached dwellings;

B.

Commercial uses;

C.

Home occupations;

D.

Public and private country clubs;

E.

Golf courses;

F.

Tennis courts; G.

Other non-commercial recreation facilities; H.

Public and private schools, including nursery schools, kindergartens and day care centers; I.

Churches;

J.

Public and private parks or playgrounds;

K.

Public utility structures;

L.

Accessory structures.

(Ord. 660 § 1; Ord. 672 § 1; Ord. 709 §§ 3, 4; Ord. 884 § 1; Ord. 976 § 2, April 20, 1981) The land capacity shall be expressed in terms of dwelling units per land area and shall be directly related to the natural features of the land. The procedures for land capacity determination shall be as follows: A.

The applicant shall submit the following data to be used in the preparation of a land capacity report: 1.

A base map of the site and all adjoining properties within 150 feet of the site at a scale of one inch equals 100 feet or larger with a minimum contour interval of five feet showing slope bands in the ranges of 1% to 10%, 11% to 15%, 16% to 20%, 21% to 30%, 31% to 40%, 41% to 50%, and over 50%. 2.

A tabulation of the land area in square feet by the slope categories specified in paragraph 1 above. 3.

An explanation of the methods used to compute percent slope in the land areas by means sufficient to permit adequate review.

B.

The City Engineer shall certify the calculations required by subsection A above, prior to the preparation of the land capacity report.

C.

Determination of Land Capacity—Land Capacity Report. To ensure that land development is established at a level consistent with the capacity of the land, applicants for planned development approval shall furnish a land capacity report prepared by a person or firm mutually acceptable to the applicant and the City, which person or firm is qualified by training and experience to have expert knowledge of the development criteria.

The land capacity report is, in part, an environmental assessment and will serve as a data base for an environmental impact report. The land capacity report shall consist of the following components: 1.

Natural and Manmade Site Features. This portion of the report shall describe the land features and environmental resources, including an identification and/or analysis of the following:

a.

Topography;

b.

Geologic and soils conditions;

c.

Hydrology;

d.

Vegetation;

e.

Scenic areas;

f.

Cumulative natural hazards;

g.

Public utilities;

h.

Roadways and existing levels of service;

i.

Primary resources such as archaeological, historical, etc.

2.

Land Capacity Calculation.

a.

Excluded Lands. Lands with any of the following characteristics shall not be included in the land area of the proposed development for the purposes of land capacity determination:

i.

Lands with greater than 50% slope.

ii.

Lands which are hazardous to life and property due to soils, geological, seismic or hydrological factors (if left in their natural state or if built upon without remedial work) unless such hazardous conditions can be eliminated with minimal grading and disturbance to existing land forms and vegetation. The determinations on what is hazardous land must be based on the analysis of a licensed engineering geologist.

iii.

Lands accessible only by roads passing through lands categorized as hazardous to life and property in paragraph (ii) above.

iv.

Lands that can be served only by a cul-de-sac of 800 feet or more. (As used in this chapter, the term "culde-sac" shall mean any street or street system within the planned development having only one point of vehicular access.)

b.

Buildable Lands. The building portions of the site shall be evaluated as follows: i.

The base density of all lands shall be set according to their slope as follows:

Lot slope shall be measured at right angles to the natural contours. Percentage slope equals the vertical rise in feet between two points, divided by the horizontal distance between the two points multiplied by 100.

ii.

Lands falling within an area of high fire hazard shall be limited to a density of one dwelling unit per five acres regardless of slope. High fire hazard areas are defined as those highly fire-prone brush assemblages known as chaparral formations which, among others, are composed of manzanita, chamise, chaparral, oak, huckleberry, chaparral pea, toyon, tree poppy, and chinquapin. The general locations of such high fire hazard areas are shown in the adopted Mill Valley General Plan, but are not necessarily limited to those locations.

iii.

Densities for lands excluded under paragraph (2)(a), Excluded Lands, parts (iii) and (iv), of this subsection C, may be calculated in the same manner as the remaining lands with 10% of the resulting density being transferred to the remaining lands, other than lands within high fire hazard areas. Any fraction of a full unit or aggregate fraction less than a full unit shall be counted as a full unit.

3.

Land Capacity Hearing and Determination. Within 30 days following receipt of the land capacity report, the Planning Commission shall hold a public hearing to consider the land capacity report and its recommended land capacity determination. The Planning Commission shall approve, conditionally approve, or disapprove the proposed land capacity determination and notify the applicant of its action in writing, including the reasons for its decision. Should the Planning Commission disapprove of the proposed land capacity determination, the Commission shall inform the applicant of what it believes to be the correct land capacity determination. Plans thereafter submitted for the planned development, whether by the same or another applicant, shall be in accordance with the land capacity determination. Plans thereafter submitted for the

decision. Should the Planning Commission disapprove of the proposed land capacity determination, the Commission shall inform the applicant of what it believes to be the correct land capacity determination. Plans thereafter submitted for the planned development, whether by the same or another applicant, shall be in accordance with the land capacity determination. Plans thereafter submitted for the

planned development, whether by the same or another applicant, shall be in accordance with the land capacity determination. However, the applicant may also submit alternative plans for lesser or greater density if the applicant believes that new information regarding the land justifies a change in density. The land capacity determination represents the number of dwelling units allowable on the land based upon the site characteristics as documented and analyzed in the land capacity report. However, the Planning Commission and/or City Council may require a lesser or permit a greater number of dwelling units when necessary or appropriate under the general development criteria established in Section 20.18.070. Such determination shall be made in the master plan or precise development plan approval process contained in Sections 20.18.080 and 20.18.090. Appeal of the Planning Commission decision on the land capacity determination may be made in accordance with the provisions of Section 20.64.100.

(Ord. 660 § 1; Ord. 672 § 1; Ord. 709 § 5; Ord. 884 § 1, December 20, 1976; Ord. 984 § 1, November 2, 1981; Ord. 1015 §§ 2, 5—7, 9, November 21, 1983)

All planned developments under this chapter shall conform to the following general development criteria:

A.

Minimum Area. The minimum area required for a planned development shall be 10 acres of contiguous property unless the Planning Commission finds that property of less than 10 acres is suitable for planned development in accordance with all the provisions of this chapter.

B.

Assembly of Land. Where contiguous properties proposed for a planned development in accordance with the provisions of this chapter are under separate ownership, written consent of all participating property owners shall be filed with the Director of Planning and Building before any application for a planned development can be accepted by the City.

C.

Conformance to the General Plan. All planned development to which this chapter applies must conform to the adopted Mill Valley General Plan or to any adopted precise plan applicable to the area under consideration.

D.

Maximum Height of Structures. No structure shall exceed 30 feet in height pursuant to the building height definitions contained in Section 20.08.050.

E.

Environmental Quality Criteria.

1.

All development should be designed and located to conserve energy resources. Such efforts might include, but are not limited to, the clustering or location of development to reduce driving time, and structural designs which maximize use of solar energy and reduce the use of electricity and fossil fuels.

2.

Clustering to reduce paving, grading, runoff and changes in vegetative cover shall be encouraged. When a significant change in vegetative cover is proposed, it must be demonstrated that restoration measures will provide for minimal adverse impact and for equal protection from erosion as that provided by vegetation before grading.

3.

Development should be so designed as to minimize adverse impact on primary wildlife resources and to achieve a high degree of compatibility with wildlife habitat areas.

Any lands whose sole means of access is via existing residential streets shall be limited to densities which will not produce substantial increases in traffic volumes on those streets. Traffic volumes exceeding 20% of existing volumes shall generally be considered substantial. Where more than one undeveloped site would contribute vehicular traffic to the street, the aggregate densities should not exceed the 20% level. The 20% level shall be used as a general guideline and is intended to minimize adverse traffic impacts on existing neighborhood streets. Densities may be approved which would produce lesser or greater traffic volumes depending upon the particular impact as may be identified in any environmental impact report prepared for the planned development.

F.

Site Design Criteria.

1.

All roads, buildings, and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography and shall minimize grading and modification of existing land forms and natural characteristics.

2.

Lands to which it is necessary to provide access by constructing a roadway or roadways traversing slopes in excess of 30% grade for a total cumulative distance of 300 feet shall be considered unbuildable unless it can be demonstrated that any adverse impact, including visual impact, is insignificant or can be satisfactorily mitigated.

3.

Development shall be designed to minimize detraction from the scenic and visual quality of the City and the natural characteristics of scenic ridge lines, existing major water courses, established trees, dominant vegetative communities and primary wildlife habitats.

4.

Lands that can be served only by a cul-de-sac of 800 feet or more shall not be considered buildable unless it can be demonstrated that adequate provision can be made for public safety and/or emergency access.

5.

Vegetation for the stabilization of graded areas or for replacement of existing vegetation shall be compatible with surrounding vegetation and shall recognize climatic, soil and ecological characteristics of the region.

6.

Underground utility lines shall be required, except where such undergrounding would result in significant adverse environmental impact.

7.

It must be demonstrated that sufficient storm drainage, sewerage capacity and domestic water supply are available and that adequate fire, police, and school facilities either exist, or can be reasonably supplied to the development.

G.

Natural Hazards and Public Safety Criteria.

1.

Areas of Slope Instability. Development in areas of slope instability shall not be permitted unless detailed geotechnical and hydrological studies demonstrate that reasonable safeguards have been provided for public safety. Studies made by licensed engineering geologists and/or engineers specializing in soils problems must show that both static and dynamic hazardous conditions either do not exist or can be

overcome by site preparation measures and/or engineering design which are not contrary to the purposes of this chapter.

2.

Areas of Steep Topography. Any portion of a site over 50% grade shall not be considered buildable unless it can be demonstrated that the placing of structures thereon will not require undue disruption of the existing ground surfaces and vegetation, and unless it can be demonstrated that roads and utilities to the site can be provided in a manner which does not cause geologic instability, undue disruption or damage to any existing roads, soils, vegetation and utilities due to earth movement, and in a manner which ensures adequate access for public safety vehicles. Any such lands which do not meet these criteria, or the criteria in subsection (F)(2) of this section, and are, therefore, declared unbuildable may have 10% of their

otherwise allowable density transferred to buildable lands. Any fraction of a full unit or aggregate fraction less than a full unit shall be counted as a full unit.

3.

Seismic Hazards. With all areas of Mill Valley being subject to the severe effects of seismic shaking, all developments shall be subject to the following criteria:

a.

All new buildings shall conform to the latest seismic structural standards of the Uniform Building Code.

b.

All lands shall be evaluated for the presence of faults or seismic shaking related conditions and their implications for structural design. Any particular seismic hazard characteristics disclosed by such evaluation shall be made public.

4.

Fire Hazard Areas. Development in high fire hazard areas (as defined in Section 20.18.060(C)(2)) shall be limited to a density of one dwelling unit per five acres.

(Ord. 660 § 1; Ord. 709 § 6; Ord. 884 § 1, December 20, 1976)

A.

The applicant shall submit to the Planning Commission of the City of Mill Valley an application for approval of a master plan for the entire area of a proposed planned development.

B.

The master plan shall include the following drawings and documents presented in sufficient detail for the City Council, Planning Commission and its advisory agencies to make adequate decisions: 1.

A base map, at a scale of one inch equals 40 feet, with contour intervals of not more than five feet showing survey data, existing features of the property, including structures, streets, easements, utility lines, trees and land use;

2.

A master plan map, at a scale of one inch equals 40 feet, showing lot design and streets, highways, walkways, hiking and riding trails and other circulation system alignments;

3.

A statement of proposed scheduled staging of development;

4.

A statement of proposed design and development standards, with indications of the following: land coverage; immediate or future building locations on all parcels, with designations of building heights and setback dimensions; public and semi-public areas; proposed related public improvements; and general

type and character of building design, including any energy conserving features or solar energy applications;

5.

Facilities required to provide flood control, adequate storm drainage, sewage disposal and public utilities for the planned development;

6.

A statement of methods to be employed to assure maintenance of landscaping facilities to be provided and to assure development of properties to standards established by the master plan for the planned development.

C.

Within 60 days following receipt of the application for master plan approval, the Planning Commission shall schedule such public hearing or hearings thereon as may be required by the Planning and Zoning Law of the State of California for the approval of a general plan.

D.

Prior to taking action on the master plan, the Planning Commission may reconsider the land capacity determination taking into consideration a detailed soils report and proposed site design.

E.

In order to approve, conditionally approve, or recommend approval or conditional approval of a master plan, the Planning Commission shall find that:

1.

A final subdivision map for the proposed planned development can be recorded within two years of the expected date of adoption of the master plan for the planned development;

2.

The proposed planned development is an environment of sustained desirability and stability;

3.

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and proposed densities will not generate traffic in such amounts as to overload the street network outside the development;

4.

The area surrounding the planned development can be planned in coordination and compatibility with the proposed planned development;

5.

The planned development is substantially in conformance with the adopted Mill Valley General Plan and any applicable precise plans;

6.

Existing or proposed utility services and facilities and other public improvements are adequate for the population densities proposed.

F.

If the Planning Commission cannot make the necessary findings, it shall recommend denial of the proposed master plan.

G.

Within 30 days following the completion of its hearings thereon, the Planning Commission shall report its recommendations regarding the master plan application to the City Council for final action. The decision of the City Council shall be final. For developments with less than 10 units, approval by the Planning Commission shall constitute final action on the master plan subject to appeal to the City Council in the

manner provided in Chapter 20.100. The giving of public notice and the holding of public hearings by the

City Council shall be the same as provided in the Planning and Zoning Law of the State of California for the approval of a general plan.

H.

The City Council may approve or deny the master plan for the proposed planned development. Approval of the master plan by the City Council shall be by resolution adopted by a majority of the members thereof. The resolution shall include, but not be limited to, the following stipulations:

1.

The development, maintenance and use of the property included within the scope of the master plan shall be carried on in conformance with the approved master plan drawings and documents and this chapter;

2.

Approval of the master plan is not to be interpreted as waiving the requirements for compliance with provisions of Title 21;

3.

The approved master plan drawings and documents shall be filed with the office of the City Clerk of the City of Mill Valley after written authorization of such filing has been secured from the owner or owners of the lands involved. Such authorization shall be construed to constitute the owner's acceptance of the provisions set forth in the resolution;

4.

No building shall be constructed, maintained or used, nor shall any land be developed or used except as permitted by the approved master plan drawings and documents as filed.

(Ord. 660 § 1; Ord. 672 § 1; Ord. 884 § 1; Ord. 901 § 1; Ord. 951, December 3, 1979; Ord. 999 § 6, November 15, 1982; Ord. 1015 § 9, November 21, 1983)

A.

Following adoption of a master plan, no development, improvement or building construction within the planned development area covered by the adopted master plan shall be commenced until the Planning Commission shall have approved a precise development plan for the entire planned development.

B.

Within one year following the adoption of the master plan for the proposed planned development, the applicant shall submit to the Planning Commission an application for approval of a precise development plan for the proposed planned development consisting of the following: 1.

A topographic map, at a scale of one inch equals 40 feet, showing all cut and fill banks, precise drainage and flood control and boundary survey data;

2.

A site plan or plans showing location, width, grades, and types of improvements proposed for all streets,

parking areas, driveways, walkways, trails, utilities, and other public improvements, indicating buildings and distances from property lines and rights-of-way;

A landscaping plan;

4.

A map showing proposed division of property for the sale of individual parcels, if any;

5.

Public or semi-public areas, including, but not limited to, schools, parks, playgrounds and parking areas;

A statement setting forth a program for installation and continued maintenance of parking areas, lighting, courts, public and private grounds, landscaping, streets, utilities, parks, playgrounds, or public or semipublic community buildings and facilities;

7.

Information necessary for evaluation and assignment of fire zone designation. C.

Within 60 days following receipt of the application for precise development plan approval, the Planning Commission shall schedule a public hearing to consider the precise development plan in the same manner as provided for in Section 20.60.200.

D.

The Planning Commission shall approve, approve conditionally, or disapprove the proposed precise development plan and shall notify the applicant in writing. E.

Planning Commission approval of a precise development plan shall become null and void unless action is taken to file a tentative subdivision map on property covered by the precise development plan within one year after approval of precise development plan.

(Ord. 660 § 1; Ord. 672 § 1; Ord. 788 § 11; Ord. 884 § 1, December 20, 1976; Ord. 1041 § 5, September 3, 1985)

In addition to the other requirements governing R-P districts, the following shall apply: A.

Major changes in an approved master plan of a planned development shall be required to be made in accordance with the provisions of this chapter.

B.

Failure on the part of the applicant to submit a precise development plan within one year of a master plan approval by the Council, or failure to record a final subdivision map, if required, to effectuate an approved R-P precise development plan for a planned development within two years after the master plan approval by the City Council, shall render null and void the actions taken by the Planning Commission and the City Council, and the zoning shall revert to its former status permitting only those uses specified in Section

20.18.040.

(Ord. 884 § 1, December 20, 1976)

Application for approval of a planned development in accordance with the provision of this chapter shall be made by the owner or owners of the land involved, or any agent thereof, on forms prescribed by the City and shall be accompanied by fees to be established by resolution adopted by the City Council. (Ord. 884 § 1, December 20, 1976)

Chapter 20.20 PLANNED RESIDENTIAL DISTRICTS (§ 20.20.010 – § 20.20.110)

The purpose of this chapter is to create attractive residential developments which complement the character of the community, result in minimum disturbance to adjacent neighborhoods and preserve significant natural features of the sites. In establishing Planned Residential Districts, the City of Mill Valley intends to make possible development in which lot sizes, the size and shape of buildings, the location of buildings on lots, building heights, and the open spaces surrounding buildings or groups of buildings may

be varied consistent with limitations imposed by on-site natural resource, topographic and geologic conditions and by the level of public services and road access that can be reasonably provided. The development approval process for Planned Residential Districts is intended to allow for continuous refinement of the development plan as additional information is acquired regarding the specific characteristics of the land.

h limitations imposed by on-site natural resource, topographic and geologic conditions and by the level of public services and road access that can be reasonably provided. The development approval process for Planned Residential Districts is intended to allow for continuous refinement of the development plan as additional information is acquired regarding the specific characteristics of the land.

Except for uses listed in Section 20.20.040, land zoned Planned Residential may not be used, developed nor graded for purposes of development until plans for development have been approved by the City. The procedural steps in obtaining plan approval of lands zoned Planned Residential are as follows: A.

A master plan must be approved for development of the land pursuant to Section 20.20.080. The general development criteria contained in Section 20.20.070 shall govern the preparation of the master plan. B.

Following approval of the master plan, a precise development plan must be approved pursuant to Section 20.18.090.

C.

Since the master plan and precise development plan involve a more detailed study of the property, including its geology, accessibility, and other characteristics, information may come to light at these stages which may cause the City to modify the location or decrease the development density specified in the City General Plan.

No real property zoned Planned Residential shall be divided unless and until such subdivision is permitted under a planned development, which has been approved pursuant to this chapter.

The following uses are permitted without planned development approval as required in this chapter:

A.

Agriculture.

B.

One single family dwelling on each legal lot of record zoned Planned Residential. C.

Accessory structures.

D.

One residential second unit on an existing lot of record as authorized by Chapter 20.90.

E.

Other projects which the Director of Planning and Building determines are minor or incidental in nature and are consistent with the intent and objectives of this chapter.

(Ord. 1075 § 1, February 1, 1988; Ord. 1188 § 9, June 2, 2003)

The following uses are permitted upon obtaining planned development approval as required in this chapter; provided, however, that all uses other than dwellings shall be distinctly secondary and accessory to the

residential use of the Planned Residential District and surrounding property and shall not change the basic residential character of the Planned Residential District.

A.

Single family detached dwellings on both RSP (Residential, One Family Planned District) and RMP (Residential, Multiple Planned District) designated parcels.

B.

Attached dwellings on RMP (Residential, Multiple Planned District) designated parcels. C.

Home occupations.

D.

Non-commercial recreation facilities.

E.

Public and private parks or playgrounds.

F.

Public utility structures.

G.

Accessory structures.

The ordinance adopting a Planned Residential District shall specify the maximum number of dwelling units per gross acre which will be allowed within the district and this density shall be combined with the zoning designation. The density thus computed shall in fact be the maximum number of dwelling units allowed per gross acre.

All planned developments under this chapter shall conform to the following general development criteria: A.

Assembly of Land. At a minimum, any planned development shall include all contiguous land under the applicant's ownership. Where contiguous properties proposed for a planned development in accordance with the provisions of this chapter are under separate ownership, written consent of all participating property owners shall be filed with the Department of Planning and Building, before any application for a planned development can be accepted by the City.

B.

Conformance to the General Plan. All planned development to which this chapter applies must conform to the adopted Mill Valley General Plan and any adopted specific plan applicable to the area under consideration.

C.

Maximum Height of Structures. No structure shall exceed 30 feet in height pursuant to the building height definitions contained in Section 20.08.050 or any such more restrictive height limit(s) established as a condition of the Master Plan approval.

D.

Environmental Quality Criteria.

1.

All development should be designed and located to conserve energy resources. Such efforts might include, but are not limited to, the clustering or location of development to reduce driving time, and structural designs which maximize use of solar energy and reduce the use of electricity and fossil fuels.

2.

Clustering to reduce paving, grading, runoff and changes in vegetative cover shall be encouraged. When a significant change in vegetative cover is proposed, it must be demonstrated that restoration measures will provide for minimal adverse impact and for equal protection from erosion as that provided by vegetation before grading.

3.

Development should be so designed as to minimize adverse impact on primary wildlife resources and to achieve a high degree of compatibility with wildlife habitat areas.

E.

Site Design Criteria.

All roads, buildings, and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography and shall minimize grading and modification of existing land forms and natural characteristics.

2.

Lands to which it is necessary to provide access by constructing a roadway or roadways traversing slopes in excess of 30% grade for a total cumulative distance of 300 feet shall only be developed if it can be demonstrated that any adverse impact, including visual impact, is insignificant or can be satisfactorily mitigated.

3.

Development shall be designed to minimize detraction from the scenic and visual quality of the City and the natural characteristics of scenic hillsides and ridge lines, water courses, significant trees, and other important vegetative communities and wildlife habitats.

4.

Lands that can be served only by a cul-de-sac of 800 feet or more shall only be developed if it can be demonstrated that adequate provision can be made for public safety and/or emergency access. 5.

Vegetation for the stabilization of graded areas or for replacement of existing vegetation shall be

compatible with surrounding vegetation and shall recognize climatic, soil and ecological characteristics of the particular location.

6.

Underground utility lines shall be required, except where such undergrounding would result in significant adverse environmental impact.

7.

It must be demonstrated that sufficient storm drainage, sewerage capacity and domestic water supply are available and that adequate fire, police, and school facilities either exist, or can be reasonably supplied to the development.

F.

Natural Hazards and Public Safety Criteria.

1.

Areas of Slope Instability. Development in areas of slope instability shall not be permitted unless detailed geotechnical and hydrological studies demonstrate that reasonable safeguards have been provided for public safety. Studies made by licensed engineering geologists and/or engineers specializing in soils

problems must show that both static and dynamic hazardous conditions either do not exist or can be overcome by site preparation measures and/or engineering design which are not contrary to the purposes of this chapter.

2.

Areas of Steep Topography. Any portion of a site over 50% grade shall be developed only if it can be demonstrated that the placing of structures thereon will not require undue disruption of the existing ground surfaces and vegetation, and only if it can be demonstrated that roads and utilities to the site can be provided in a manner which does not cause geologic instability, undue disruption or damage to any existing roads, soils, vegetation and utilities due to earth movement, and in a manner which ensures adequate access for public safety vehicles.

3.

Seismic Hazards. Since Mill Valley may be subject to the severe effects of seismic hazards, all developments shall be subject to the following criteria:

a.

All new buildings shall conform to the latest seismic structural standards of the Uniform Building Code.

b.

All lands shall be evaluated for the presence of faults or seismic shaking related conditions and their implications for structural design. Any particular seismic hazard characteristics disclosed by such evaluation shall be made public.

4.

Fire Hazard Areas. Development in high fire hazard areas shall be designed to minimize threat to life, safety and property.

A.

The applicant shall submit to the Department of Planning and Building of the City of Mill Valley an application for approval of a master plan for the entire area of a proposed planned development. B.

The master plan shall include the following drawings and documents presented in sufficient detail for the City Council, Planning Commission and other review bodies and agencies to make adequate decisions: 1.

A base map, at a scale of one inch equals 40 feet, with contour intervals of not more than five feet showing survey data, existing features of the property, including existing structures, streets, easements, utility lines, trees and land use.

2.

A master plan map, at a scale of one inch equals 40 feet, showing lot design and streets, walkways, hiking and riding trails and other circulation system alignments.

3.

A preliminary landscape plan (may be combined with site plan) showing:

a.

All existing trees spaced more than 30 feet apart by common name and spread. Trees to be removed shall be indicated;

b.

In more densely wooded areas or in tree clusters, only the outline need be shown; however, outstanding trees within the clusters need be shown, if they are to be removed;

c.

A conceptual plan for proposed trees and other plant material.

4.

A statement of proposed design and development standards, with indications of the following: land coverage; immediate or future building locations on all parcels, with designations of building heights and setback dimensions; public and semi-public areas; proposed related public improvements; and general

type and character of building design, including any energy conserving features or solar energy applications.

5.

An indication of the facilities proposed to provide flood control, adequate storm drainage, sewage disposal and public utilities for the planned development.

6.

A statement of methods to be employed to assure maintenance of landscaping facilities to be provided and to assure development of properties to standards established by the master plan for the planned development.

A statement of proposed scheduled staging of development.

8.

A preliminary geological reconnaissance report prepared by a registered civil engineer or a registered engineering geologist.

9.

A statement from the applicant indicating that the proposed project is consistent with the Mill Valley General Plan.

10.

Any other information which the Director of Planning and Building determines is required to describe clearly and accurately the proposed development and its effect on the terrain and existing improvements.

11.

A filing fee as established by resolution by the Mill Valley City Council.

C.

The Planning Commission shall schedule such public hearing or hearings thereon as may be required by the Planning and Zoning Law of the State of California for the approval of a general plan.

D.

Prior to taking action on the master plan, the Planning Commission may review the assumptions upon which the General Plan density designations were based taking into consideration any significant new information available from the detailed site specific soils report, other environmental information, and the proposed site design.

E.

In order to approve, conditionally approve, or recommend approval or conditional approval of a master plan, the Planning Commission shall find that:

1.

The proposed planned development will create an attractive residential development which complements the character of the community, results in minimal disturbance to adjacent neighborhoods and preserves the significant natural features of the site.

2.

The proposed planned development has been designed to minimize or avoid public safety risks and City liability caused by landslide or other geologic hazards and drainage and flooding problems. 3.

The proposed new streets are adequate to carry anticipated traffic, and the proposed density will not generate traffic in such amounts as to cause safety problems on or overload the existing the street network outside the development.

4.

The proposed planned development conforms to the adopted Mill Valley General Plan and any applicable specific plans.

5.

Existing or proposed utility services and facilities and other public improvements are adequate for the population density proposed.

6.

The proposed planned development conforms to the general development criteria contained in Section 20.20.070.

F.

If the Planning Commission cannot make the necessary findings, it shall recommend denial of the proposed master plan.

G.

Following the completion of its hearings thereon, the Planning Commission shall report its recommendations regarding the master plan application to the City Council for final action. The decision of the City Council shall be final.

H.

The City Council may approve or deny the master plan for the proposed planned development. Approval of the master plan by the City Council shall be by resolution adopted by a majority of the members thereof. The resolution shall include, but not be limited to, the following stipulations:

1.

The development, maintenance and use of the property included within the scope of the master plan shall be carried on in conformance with the approved master plan drawings and documents and this chapter;

2.

Approval of the master plan is not to be interpreted as waiving the requirements for compliance with provisions of Title 21;

3.

No building shall be constructed, maintained or used, nor shall any land be developed or used except as permitted by the approved master plan drawings and documents.

A.

Following adoption of a master plan, no development, improvement or building construction within the planned development area covered by the adopted master plan shall be commenced until the Planning Commission has approved a precise development plan for the entire planned development.

B.

Within one year following the adoption of the master plan for the proposed planned development, the applicant shall submit to the Planning Commission an application for approval of a precise development plan for the proposed planned development consisting of the following:

1.

A description of the proposed project including: the proposed use of the site; the site area in square feet or acres; the individual and total building areas; the percentage of total site to be covered by buildings, parking, roads, and landscaping; the building height and number of stories; the number of off-street parking spaces, covered and open; and total number of living units, gross floor area, and number of bedrooms.

2.

A topographic map, at a scale of one inch equals 40 feet, showing all cut and fill banks, precise drainage and flood control improvements, easements and boundary survey data.

3.

A site plan or plans showing the location, width, grades, and types of improvements proposed for all streets, parking areas, driveways, walkways, trails, utilities, and other public improvements, and showing proposed locations for dwellings and other structures, indicating building locations and distances from property lines and rights-of-way.

4.

A Tentative Subdivision Map showing proposed division of property for the sale of individual parcels, if any. 5.

Floor plans and elevations for all structures, and perspective drawings sufficient to illustrate the design features of the proposed development.

A landscape plan showing the types of all impervious ground surfaces, walls, fences, screens, shelters, water features, lighting, benches or other types of outdoor fixtures proposed. A planting plan showing location, number, and types of trees, shrubs, groundcover, and other plant materials. 7.

A statement setting forth a program for installation and continued maintenance of parking areas, lighting, public and private grounds, landscaping, streets, utilities, parks, playgrounds, or public or semi-public community buildings and facilities. For multiple residential developments, the statement should include details on condominium status, if applicable.

8.

A color and materials palette containing reasonably sized samples of color, materials, textures, tones or other representations of proposed architectural treatment.

NOTE: For land subdivisions, the information specified in paragraphs 5, 6, 7, and 8 above may be submitted as part of the design review applications for the individual homes.

9.

Information necessary for evaluation and assignment of fire zone designation.

10.

Any other information which the Director of Planning and Building determines is required to describe clearly and accurately the proposed development and its effect on the terrain and existing improvements. 11.

A filing fee as established by resolution by the Mill Valley City Council.

C.

The Planning Commission shall schedule a public hearing to consider the precise development plan in the same manner as provided for in Section 20.60.200.

D.

The Planning Commission shall approve, approve conditionally, or disapprove the proposed precise development plan and shall notify the applicant in writing. E.

Planning Commission approval of a precise development plan shall become null and void unless action is taken to file a tentative subdivision map on property covered by the precise development plan within one year after approval of precise development plan.

(Ord. 1123 § 4, August 2, 1993)

In addition to the other requirements governing Planned Residential zoning districts, the following shall apply:

A.

Major changes in an approved master plan of a planned development shall be required to be made in accordance with the provisions of Section 20.20.080 of this chapter.

B.

Failure on the part of the applicant to submit a precise development plan within one year of a master plan approval by the Council, or failure to submit a tentative subdivision map, if required, to effectuate an approved precise development plan for a planned development within two years after the master plan approval by the City Council, shall render null and void the actions taken by the Planning Commission and the City Council, and only those uses specified in Section 20.20.040 may be permitted.

Application for approval of a planned development in accordance with the provision of this chapter shall be made by the owner or owners of the land involved, or any agent thereof, on forms prescribed by the City

and shall be accompanied by fees to be established by resolution adopted by the City Council. (Ord. 1075, February 1, 1988)

Chapter 20.24 RM DISTRICTS—MULTIPLE FAMILY (§ 20.24.005 – § 20.24.040)

The multi-family residential zones are intended to create and maintain medium and higher density residential neighborhoods that blend a range of housing types with a mix of unit sizes with a limited mix of neighborhood-scale commercial, office, and institutional uses. The City's goals include preservation of the existing stock of rental housing in these areas and provision of opportunities for development of new multifamily housing that increase the diversity of housing options within the City.

The purpose and intent of the City's multiple family zoning districts are as follows: A.

Miller Avenue "Passage" District. The Miller Avenue Passage district accommodates medium density residential, including mixed-use with offices or commercial and small-scale multi-family residential developments. Residential land use in these areas is intended to be small- to medium-scale multifamily residential developments, live-work, and mixed-use development.

B.

Miller Avenue "Parkway" District. The Miller Avenue Parkway district accommodates medium and higher density residential in accordance with the adopted Land Use Map. C.

Miller Avenue "Marsh" and "Bayfront" Districts. The Marsh/Bayfront areas accommodate higher density residential, including larger two- to three-story multi-family residential complexes and large-lot condominium and townhouse developments. A major component of the Marsh District is the Red-woods senior housing, which is targeted for an Affordable Housing Overlay Zone to facilitate development of affordable senior housing for the City. The Pickleweed Apartments and Mill Creek Meadows are also located in the Marsh district.

er two- to three-story multi-family residential complexes and large-lot condominium and townhouse developments. A major component of the Marsh District is the Red-woods senior housing, which is targeted for an Affordable Housing Overlay Zone to facilitate development of affordable senior housing for the City. The Pickleweed Apartments and Mill Creek Meadows are also located in the Marsh district.

The Bayfront District includes, but is not limited to, the Bayfront, Enchanted Knolls, Shelter Bay, Shelter Hill, and Plymouth Square developments.

(Ord. 1278 § 10, July 18, 2016)

The regulations of this chapter apply to all new development and changes of use within these zoning districts with the exception of existing single family dwellings. Existing single family dwellings in the multifamily residential zones are not considered nonconforming and can be altered and enlarged, if such additions meet the setback, height and other development standards of this Code.

New development and changes of use must meet both the multi-family development standards contained in this chapter as well as the City of Mill Valley Multi-Family Residential Design Guidelines. Additional standards contained throughout this title also apply as noted in "Additional Standards and Provisions" listed in the Use Table in Section 20.24.030.

(Ord. 1278 § 10, July 18, 2016)

The following uses are permitted in the RM-3.5 district:

A.

One single family dwelling on any single holding of land.

B.

Multiple family dwellings as shown in the following table:

C.

Residential facility, small.

D.

Accessory structures.

E.

A residential second unit as authorized by Chapter 20.90.

(Ord. 872 § 1, August 16, 1976; Ord. 975 § 1, April 20, 1981; Ord. 1093 § 5, March 19, 1990; Ord. 1188 § 10, June 2, 2003; Ord. 1264 § 18, November 3, 2014; Ord. 1278 § 10, July 18, 2016)

The following uses are permitted in the RM-3.5 district subject to the securing of a conditional use permit: A.

Office buildings;

B.

Hospitals, clinics for the treatment of human ailments;

C.

Funeral parlors;

D.

Community centers;

E.

Social halls, lodge and club buildings;

F.

Horticultural nurseries;

G.

Residential facility, large;

H.

Single room occupancy (SRO) dwellings;

I.

Nursing or rest homes;

J.

Public utilities structures;

K.

Day care centers for children;

L.

Combined residential, commercial and/or business and professional office building;

M.

Parking lots are permitted in all RM districts on lots contiguous to any C district upon the securing of a conditional use permit.

(Ord. 749 § 1, March 15, 1972; Ord. 865 § 1, April 5, 1976; Ord. 867 § 1, May 17, 1976; Ord. 872 § 2, August 16, 1976; Ord. 1188 § 11, June 2, 2003; Ord. 1264 § 19, November 3, 2014; Ord. 1278 § 10, July 18, 2016)

2. Existing single family residences at the time of the adoption of these regulations shall be considered to be conditionally permitted uses and not be considered "nonconforming uses," and can be altered and enlarged, if such additions meet the setback, height, and other development standards of the single family residential (RS-6) zoning standards (Chapter 20.16).

(Ord. 1278 § 10, July 18, 2016; Ord. 1351, 5/6/2024; Ord. 1354, 9/16/2024) A.

Multi-Family Residential Development Base Standards.

2. Height exceptions permitted per Section 20.60.060. Dormers, gables, etc. shall be within the stepback height limit.

B.

Additional Development Standards.

1.

Efficiency Units. Efficiency units (also known as "micro-units") shall be between 350 and 450 square feet, and shall be limited to 20% of the total units in any individual project site. A minimum of one efficiency unit shall be allowed on any site. Efficiency units shall count as 0.5 unit for purposes of density and parking. 2.

Duplex. A duplex shall include two primary dwelling units, where either:

a.

Both units are greater than 1,000 square feet; or

b.

The square footage ratio between the two units is no greater than 2:3 (for example, if one unit were 900 square feet, the other would need to be at least 600 square feet).

3.

Useable Outdoor Living Space. Useable outdoor living space shall be a minimum horizontal depth of six feet above the ground level and five feet by 10 feet at the ground level. Required yards less than 10 feet in width adjacent to a building or structure, and areas paved for the storage or movement of motor vehicles or bicycles cannot be considered usable outdoor living space. Accessory buildings or structures may be located within required usable outdoor area when the principal uses of such buildings or structures are accessory to those of the usable outdoor areas within which they are located.

4.

Adjusted Floor Area—Parking Exclusions. The first 250 square feet of garage space for each parking space is excluded from the allowable FAR. Underground or partially underground parking is exempt from the FAR calculations if it meets the Basement definition in Section 20.08.038.

Reduced Standards for Narrow Lots. For lots 25 feet wide or less, the following shall apply:

a.

Interior side and rear setbacks for lots of 25 feet or less in width is a minimum of three feet. A minimum five-foot setback will remain where windows are placed along the setback line. The five-foot setback will apply to the window and a five-foot section of the building wall on each side of the window. Exterior walls along the minimum setback line shall include a recess or offset of at least two feet for every 35 feet of wall (for a minimum of five feet).

b.

Lots of 25 feet or less in width shall provide parking per dwelling unit as specified in Section 20.60.090(I)(7), but shall not be required to provide guest parking per Section 20.60.090(B)(7). (Ord. 1278 § 10, July 18, 2016)

Chapter 20.26 DR DISTRICTS—DOWNTOWN RESIDENTIAL (§ 20.26.005 – § 20.26.030)

The Downtown Residential Zone is intended to create and maintain medium and higher density residential neighborhood that blend a range of housing types and uses, including single family and multi-family residential, with a mix of unit sizes with a limited mix of neighborhood-scale office and institutional uses. The City's goals include preservation of the existing stock of rental housing in these areas and provision of opportunities for development of new housing that increases the diversity of housing options within the City.

A.

Downtown Residential District. The downtown residential areas surrounding the Downtown Commercial Zone is made up of an eclectic mix of single family and multi-family properties with a range in sizes and provides a mix of multi-family residential and single land uses that support the varied physical and social characteristic of the residential downtown. This zone accommodates both higher density residential and, at transition areas, medium density residential in accordance with the adopted Land Use Map. (Ord. 1278 § 11, July 18, 2016)

The regulations of this chapter apply to all development and change of use within these zones. Development and changes of use must meet both the applicable development standards contained in this chapter as well as the City of Mill Valley's Residential Design Guidelines (either multi-family residential or single family residential, depending on the use proposed). Additional standards related to multi-family residential development contained throughout this title also apply as noted in "Additional Standards and Provisions" listed in Section 20.26.030.

(Ord. 1278 § 11, July 18, 2016)

Consolidation of existing multi-family units to form new single family uses is not permitted.

3. Second dwelling units in connection with a permitted single family residential use are allowed subject to Chapter 20.90.

• (Ord. 1278 § 11, July 18, 2016; Ord. 1351, 5/6/2024; Ord. 1354, 9/16/2024)

A.

Downtown Residential Development Base Standards. Development standards apply to all development within the zone:

B.

Additional Development Standards.

1.

Efficiency Units. Efficiency units (also known as "micro-units") shall be between 350 and 450 square feet and shall be limited to 20% of the total units in any individual project site. A minimum of one efficiency unit shall be allowed on any site. Efficiency units shall count as 0.5 unit for purposes of density and parking.

2.

Duplex. A duplex shall include two primary dwelling units, where either:

a.

Both units are greater than 1,000 square feet; or

b.

The square footage ratio between the two units is no greater than 2:3 (for example, if one unit were 900 square feet, the other would need to be at least 600 square feet).

3.

Useable Outdoor Living Space. Useable outdoor living space shall be a minimum horizontal depth of six feet above the ground level and five feet by 10 feet at the ground level. Required yards less than 10 feet in width adjacent to a building or structure, and areas paved for the storage or movement of motor vehicles or bicycles cannot be considered usable outdoor living space. Accessory buildings or structures may be located within required usable outdoor area when the principal uses of such buildings or structures are accessory to those of the usable outdoor areas within which they are located.

4.

Adjusted Floor Area—Increase to 0.75 FAR. With a Design Review application, the Planning Commission may grant an increase in the maximum adjusted FAR up to 0.75 if:

• a. The development is limited to two stories;

b. The development screens the parking from the public right(s)-of-way; and

• c. The development meets all applicable Design Review Guidelines; or

• a. The development is a cottage development;

• b. The development is limited to two stories; and

• c. The development meets all applicable Design Review Guidelines.

5.

Adjusted Floor Area—Parking Exclusions. The first 250 square feet of garage space for multi-family development for each parking space is excluded from the allowable FAR. Underground or partially underground parking is exempt from the FAR calculations if it is a predominately subterranean enclosed area that extends no more than three feet above the existing or finished grade, whichever is lower, except as required for vehicle entry.

6.

Reduced Standards for Narrow Lots. For lots 25 feet wide or less, the following shall apply:

a.

Interior side and rear setbacks for lots of 25 feet or less in width is a minimum of three feet. A minimum five-foot setback will remain where windows are placed along the setback line. The five-foot setback will apply to the window and a five-foot section of the building wall on each side of the window. Exterior walls along the minimum setback line shall include a recess or offset of at least two feet for every 35 feet of wall (for a minimum of five feet).

b.

Lots of 25 feet or less in width shall provide parking per dwelling unit as specified in Section 20.60.090(I)(7), but shall not be required to provide guest parking per Section 20.60.090(B)(7).

7.

Reduce Exterior Setbacks. With a Design Review application, the review body (Zoning Administrator or Planning Commission) may grant a reduction to the 15-foot front setback requirement to not less than five feet, for properties within the Downtown Residential Zone on Lower Alcatraz, Bayview, and West Blithedale (See Figure 20.26.040(B)(7)), if the following can be demonstrated:

a.

The setback is no less than the average of the two adjoining properties;

b.

The structure within the reduced front setback area shall be limited to 50% of the width of the frontage; and c.

The project meets all applicable Design Review Guidelines.

For all other properties within the Downtown Residential Zone, with a Design Review application, the review body (Zoning Administrator or Planning Commission) may grant a reduction to the 15-foot front setback requirement, to not less than 10 feet if the following can be demonstrated:

==> picture [518 x 412] intentionally omitted <==

8.

Entries. Primary entry areas shall face a public street or SLP (steps, lanes or paths) in Downtown Residential Zones.

(Ord. 1278 § 11, July 18, 2016)

Chapter 20.30 HOUSING OVERLAY ZONING DISTRICTS (§ 20.30.005 – § 20.30.035)

In addition to the provisions prescribed in Chapter 20.04, the Housing Overlay Zoning Districts are established by way of this chapter to achieve the following purposes:

A.

To implement the housing element goal of providing new and diverse housing types in the City and to encourage the development of affordable housing.

B.

To ensure that new residential development occurs in a manner that is consistent with applicable general plan policies, maintains high standards in the City's natural and man-made environment, promotes diversity

in the type and cost of housing, expands affordable housing opportunities, and promotes equal opportunities to housing. (Ord. 1349, 2/22/2024)

A.

The respective Housing Overlay Zoning Districts established by this chapter shall apply to the sites identified in the 2023-2031 housing element sites inventory for each respective district, as identified further on the City's Zoning Map.

B.

The City Council may choose to apply any of the Housing Overlay Zoning Districts to other sites (not already identified by the 2023-2031 housing element) upon a determination by the City Council that the application of the Housing Overlay Zoning District will implement the City's Housing Element and further the City's housing goals. The addition of a property to a Housing Overlay Zoning District shall be processed in the same manner as a Zoning Map amendment.

(Ord. 1349, 2/22/2024)

The following regulations are common to all Housing Overlay Zoning Districts established by this chapter, and shall apply in all such districts:

A.

Permitted and conditional uses shall be regulated by the base zoning district, except as otherwise provided in this chapter.

B.

Affordable units shall be deed restricted and managed based on inclusionary regulations contained in Sections 20.80.060(F) and (G). Deed restricted affordable dwelling units approved through this chapter shall be built concurrently with the construction of all other units.

C.

The addition of the Housing Overlay Zoning District designation to any base zoning district shall not operate to reduce or eliminate any requirements established by the underlying district regulations or other requirements contained in this title, unless expressly provided herein. Should any of the regulations specified in this chapter for the designated Housing Overlay Zoning District conflict with the regulations of the base zoning district, then the regulations of this chapter shall apply.

D.

As required by state law, qualifying housing developments seeking approval through a Housing Overlay Zoning District may utilize the State Density Bonus Law to modify objective development standards

established in Title 20 of the Zoning Code or objective design standards established by the Multi-Family Residential, Downtown Residential and Mixed-Use Design Guidelines and Development Standards. Applications for an approval through a Housing Overlay Zoning District shall not be combined with a request for a variance under Chapter 20.64.

(Ord. 1349, 2/22/2024)

Development review and approval for applications proposing one or more dwelling unit(s) in a Housing Overlay Zoning District shall be as follows:

A.

Applications. Applications shall be filed with the Planning Department in the manner prescribed in Section 20.66.032 and shall be accompanied by the required fee and all supporting materials consistent with that chapter or as required by the Planning Director.

B.

Ministerial Review and Approval. The following development applications shall be approved by the Director of Planning and Building ministerially and shall not be subject to a public hearing if the application meets the requirements of the applicable Housing Overlay Zoning District:

1.

Development review applications qualifying under the Office Conversion Housing Overlay.

2.

Development review applications qualifying under the Opportunity Site Housing Overlay that propose to reserve 20% of the units as affordable for lower income households and do not require the subdivision of land based on those regulations established in Title 21 of this Code. C.

Discretionary Review and Approval.

1.

The following development applications shall be reviewed by the Planning Commission and shall be subject to a public hearing:

a.

Development review applications qualifying under the Opportunity Site Housing Overlay that propose to reserve less than 20% of the units as affordable for lower income households or require the subdivision of land based on those regulations established in Title 21 of this Code.

b.

Development review applications qualifying under the Small Lot Housing Overlay.

Notice of public hearings shall be provided as specified in Section 20.60.200.

The Planning Commission shall approve, or conditionally approve, the application if it complies with the requirements of the applicable Housing Overlay Zoning District and if all of the following findings are made:

a.

The proposal is consistent with the City of Mill Valley General Plan and Mill Valley Municipal Code.

b.

The proposal complies with the objective residential design standards adopted by the City.

c.

The approval of the application would be in compliance with the California Environmental Quality Act. D.

Appeal. Any decision taken on a matter subject to the provisions of this chapter may be appealed as specified in Chapter 20.100.

E.

Expiration and Extensions of Approval. Approval of an application pursuant to this section shall expire one year from the effective date of approval unless a different expiration date is stipulated at the time of approval. Prior to the expiration of a development review approval, the applicant may apply to the Director of Planning and Building for an extension of one year from the date of expiration. Not more than two oneyear extensions may be granted. If building permits or other permits are issued during the effective life of a development review approval, the expiration date of the development review approval shall be automatically extended to concur with the expiration date of the building permit. (Ord. 1349, 2/22/2024)

A.

Creation. The Small Lot Housing Overlay Zoning District established by this chapter is intended to allow for housing and residential mixed use opportunities on sites that are less than one-half acre and shall be known as the "Small Lot Housing Overlay" or "SLHO".

B.

Objective Standards.

1.

Modified Development Standards. The development standards in the SLHO shall be the same as the base zoning district, with the exception of the following:

a.

Density. A minimum of 17 dwelling units per acre and a maximum of 40 dwelling units per acre shall apply to any project seeking approval under the SLHO.

b.

Building Height. The maximum building height shall be 40 feet. Other exceptions to maximum height: See Section 20.60.060.

c.

Floor Area. The Floor Area Ratio applicable to the base zoning district, as identified in Section 20.48.010, shall apply, except that a Floor Area Ratio of at least 1.0 shall be applied for a project with between three and seven dwelling units and a Floor Area Ratio of at least 1.25 shall be applied for a project with eight or more dwelling units.

d.

Inclusionary Housing. Development applications shall be subject to the applicable requirements prescribed in Section 20.80.050, except that projects in which each of the proposed units will be 1,000 square feet or less shall be exempt from the inclusionary requirements. If each of the units will be 1,000 square feet or less, the applicant shall provide written notice to the City of the anticipated rent or cost of each of the units prior to receiving a certificate of occupancy.

e.

Ground Floor. For those parcels with underlying commercial districts, including, but not limited to, Neighborhood Commercial, Downtown Commercial, and Limited Commercial: all floor area on the ground floor that directly abuts Miller Avenue, Throckmorton, Camino Alto or East Blithedale shall consist of

commercial space. Residential uses and shared space, with the exception of egress and access, shall not be allowed on the ground floor directly abutting Miller Avenue, Throckmorton, Camino Alto or East Blithedale; however, ground floor space that abuts only the rear yard may be used for shared space or residential uses (including, but not limited to, dwelling units).

2.

Objective Design Standards. Development applications that qualify under the SLHO shall comply with the objective 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. 3.

Parking Standards. The parking requirements of Sections 20.60.080 and 20.60.090 of this Code shall apply to projects seeking approval under the SLHO, with the exception of the following:

a.

Proposed dwelling units with 1,000 square feet or less require one off-street parking space per unit. b.

Shared parking is allowed in accordance with the provisions herein. In no instance shall the total number of spaces provided on-site be less than the greatest number of spaces required for any single land use in the

proposed project. A reduction in parking of up to 10% of the total required parking spaces for all land uses proposed in the project shall be granted based on a shared parking study that demonstrates that either of the following criteria are met: (1) the uses will occur entirely at separate times of day or on different days of the week; or (2) the peak weekday and peak weekend hours occur at different times of day. The parking study shall utilize either the "Parking Generation Manual" (ITE) or "Shared Parking" (ULI) to demonstrate compliance with the required criteria for shared parking.

c.

A parking plan shall be submitted as part of the project application identifying parking spaces by assigned land use(s) as well as shared parking spaces. The parking plan also shall include the proposed signage that will be posted on the site.

d.

Tandem and stacked parking is allowed to satisfy residential parking requirements for parking spaces for occupants of the same dwelling unit; however, tandem and stacked parking is prohibited for parking spaces for occupants of different dwelling units.

e.

Parking spaces may be uncovered if the base zoning district is a nonresidential district.

f.

Any multi-family or mixed-use project containing 10 or more dwelling units shall provide one visitor parking space per every 10 dwelling units. These parking spaces may be uncovered and need not be located in a garage or carport.

g.

Applicants seeking approval through the SLHO may request deviations from the City's parking ratio requirements as allowed by state Density Bonus Law.

(Ord. 1349, 2/22/2024)

A.

Creation. The Opportunity Site Housing Overlay Zoning District established by way of this chapter is intended to allow for housing and residential mixed use opportunities on sites that are one-half acre or more and shall be known as the "Opportunity Site Housing Overlay" or "OSHO".

B.

Objective Standards.

1.

Modified Development Standards. The development standards in the OSHO shall be the same as the base zoning district, with the exception of the following:

a.

Density. A minimum of 20 dwelling units per acre and a maximum of 40 dwelling units per acre shall apply to any project seeking approval under the OSHO.

b.

Building Height. The maximum building height shall be 40 feet. Other exceptions to maximum height: See Section 20.60.060.

c.

Fully residential projects are permitted; no commercial component is required for a project to utilize the OSHO. If a mix of uses is proposed for the site, however, at least 50% of the floor area on the entire development site must be reserved for residential uses. For proposed mixed-use buildings, ground floor area that directly abuts Miller Avenue, Throckmorton, Camino Alto, East Blithedale or Redwood Highway

Frontage Road shall consist of commercial space and ground floor space that abuts a rear yard may be used for shared space or residential use.

d.

Floor Area. The Floor Area Ratio applicable to the base zoning district, as identified in Section 20.48.010, shall apply, except that a Floor Area Ratio of at least 1.0 shall be applied for a project with between three and seven dwelling units and a Floor Area Ratio of at least 1.25 shall be applied for a project with eight or more dwelling units.

e.

Inclusionary Housing. Projects with six or more units shall be subject to the inclusionary requirements in Chapter 20.80. Projects that reserve a three-bedroom unit as a low-income inclusionary unit may reduce the number of required inclusionary units by one unit. f.

Efficiency and Micro-Units. Notwithstanding Section 20.24.040(B)(1) of this Code, proposed developments that allocate at least 25% of the units as low income units may include more than 20% of the total units as micro-units.

2.

Objective Design Standards. Development applications that qualify under the OSHO shall comply with the objective 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.

3.

Parking Standards. The parking requirements of Sections 20.60.080 and 20.60.090 of this Code shall apply to projects seeking approval under the OSHO, with the exception of the following:

a.

Proposed dwelling units with 1,000 square feet or less require one off-street parking space per unit. b.

Parking spaces may be uncovered if the base zoning district is a nonresidential district.

c.

Any multi-family and mixed-use project containing 10 or more dwelling units shall provide one visitor parking space per every 10 dwelling units. These spaces need not be located in a garage or carport.

d.

Tandem and stacked parking is allowed to satisfy residential parking requirements for parking spaces for occupants of the same dwelling unit; however, tandem and stacked parking is prohibited for parking spaces for occupants of different dwelling units.

e.

Shared parking is allowed in accordance with the provisions herein. In no instance shall the total number of spaces provided on site be less than the greatest number of spaces required for any single land use in the proposed project. A reduction in parking of up to 10% of the total required parking spaces for all land uses proposed in the project shall be granted based on a shared parking study that demonstrates that either of the following criteria are met: (i) the uses will occur entirely at separate times of day or on different days of the week; or (ii) the peak weekday and peak weekend hours occur at different times of day. The parking study shall utilize either the "Parking Generation Manual" (ITE) or "Shared Parking" (ULI) to demonstrate compliance with the required criteria for shared parking.

f.

A parking plan shall be submitted as part of the project application identifying parking spaces by assigned land use(s) as well as shared parking spaces. The parking plan also shall include the proposed signage that

will be posted on the site.

g.

Applicants seeking approval through the OSHO may also request deviations from the City's parking ratio requirements as allowed by state Density Bonus Law.

C.

Lot Merger and Consolidation of Lots Owned by the Same Owner. Applicants shall submit a request for a lot merger on the forms provided by the Planning Department. Lot merger fees shall be waived at the time of the OSHO application.

(Ord. 1349, 2/22/2024)

A.

Creation. The Office Conversion Housing Overlay Zoning District established by way of this chapter is intended to create housing opportunities in existing buildings through the conversion of upper floor (above the ground floor) office space to residential uses and shall be known as the "Office Conversion Housing Overlay" or "OCHO".

B.

Objective Standards.

1.

Modified Development Standards. The development standards in the OCHO shall be the following:

a.

Density. A minimum of 17 dwelling units per acre and a maximum of 40 dwelling units per acre shall apply to any project seeking approval under the OCHO.

b.

Inclusionary Housing. Development applications shall be subject to the applicable requirements prescribed in Section 20.80.050, except that projects in which each of the proposed units will be 1,000 square feet or less shall be exempt from the inclusionary requirements. If each of the units will be 1,000 square feet or less, the applicant shall provide written notice to the City of the anticipated rent or cost of each of the units prior to receiving a certificate of occupancy.

c.

Floor Area. Projects seeking approval through the OCHO are exempt from the otherwise applicable Floor Area Ratio in the base zoning district, as identified in Section 20.48.010. The total floor area of the existing building shall not be expanded by more than 1,000 square feet. d.

Conversion of Existing Upper Floor Area. Projects seeking approval through the OCHO shall be limited to converting floor area on the upper floors of an existing building from office to residential uses. e.

Conversion of Originally Permitted Residential Buildings. Notwithstanding subparagraph "d" above, buildings within the OCHO that were originally constructed and permitted for residential use may seek approval through the OCHO to convert the entire building (including the ground floor) back to residential use, subject to the development standards in this chapter and verification of prior permitted construction based on the submittal of planning records, approved building permit(s) and/or tax assessment records at the time of application.

f.

Ground Floor Use. Floor area on the ground floor is subject to the permitted and conditionally permitted uses allowed by the base zoning district. Applications seeking approval through the OCHO must include ground floor commercial space along the building frontage that abuts Miller Avenue, Throckmorton Avenue,

Camino Alto, and East Blithedale Avenue. Ground floor space that abuts only the rear yard may be used for shared space (such as restrooms, mail rooms, courtyards, or storage); however, dwelling units are not permitted on the ground floor.

g.

Projects seeking approval through the OCHO are exempt from any limitations on construction contained in Sections 20.60.140 and 20.60.150.

2.

Objective Design Standards. Development applications that qualify under the OCHO shall comply with the objective 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.

3.

Parking Standards. The parking requirements of Sections 20.60.080 and 20.60.090 of this Code shall apply to projects seeking approval under the OCHO, with the exception of the following:

a.

No additional parking shall be required on the parcel if each of the proposed dwelling units is 1,000 square feet or less.

b.

Shared parking is allowed for those projects seeking approval through the OCHO with proposed dwelling units that are greater than 1,000 square feet in accordance with the provisions herein. In no instance shall the total number of spaces provided on site be less than the greatest number of spaces required for any single land use in the proposed project. A reduction in parking of up to 10% of the total required parking spaces for all land uses proposed in the project shall be granted based on a shared parking study that demonstrates that either of the following criteria are met: (i) the uses will occur entirely at separate times of day or on different days of the week; or (ii) the peak weekday and peak weekend hours occur at different times of day. The parking study shall utilize either the "Parking Generation Manual" (ITE) or "Shared Parking" (ULI) to demonstrate compliance with the required criteria for shared parking.

c.

A parking plan shall be submitted as part of the project application identifying parking spaces by assigned land use(s) as well as shared parking spaces. The parking plan also shall include the proposed signage that will be posted on the site.

d.

Applicants seeking approval through the OCHO may also request deviations from the City's parking ratio requirements as allowed.

(Ord. 1349, 2/22/2024)

Chapter 20.36 C-L DISTRICTS—LIMITED COMMERCIAL DISTRICTS (§ 20.36.010 – § 20.36.040)

The Limited Commercial districts serve as a transition between commercial and residential districts and uses. The Near East Blithedale limited commercial district serves as a transition from the higher density downtown commercial/mixed-use and downtown residential zones.

The Limited Commercial (C-L) districts can accommodate residential and mixed-use land uses at densities in accordance with the adopted Land Use Map, and accommodate mixed-use with offices or commercial

and small-scale multi-family residential developments. (Ord. 1278 § 12, July 18, 2016) The following uses are permitted:

A.

Administrative and professional offices;

B.

Research laboratories; C. Banks;

D.

Title offices;

E.

Insurance offices and real estate offices;

F.

Mixed-use, where all floor area that directly abuts Throckmorton Avenue, Camino Alto or East Blithedale 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; G.

Accessory structures;

H.

Home occupations (subject to Section 20.60.250);

I.

Multi-family residential in the following situations only:

1.

As allowed through the Housing Overlay Zoning Districts established by Chapter 20.30; or

As a conversion back to residential use in a building that was originally constructed and permitted for residential use (as verified through prior permitted construction based on the submittal of planning records,

approved building permits, and/or tax assessment records) wherein the existing building footprint is not expanded more than 1,000 square feet; or

3.

Residential facilities (small and large), transitional housing, supportive housing, and single room occupancy dwellings; or

4.

Deed-restricted affordable housing projects meeting the requirements of Government Code Section 65915(b)(1)(G).

J.

Low Barrier Navigation Center, as permitted and regulated under Government Code Sections 65660 - 65668.

(Ord. 975 § 2, April 20, 1981; Ord. 1278 § 12, July 18, 2016)

The following uses are permitted subject to the securing of a conditional use permit: A.

Public utility structures;

B.

Other business uses which, in the opinion of the Planning Commission, are of the same general character as the permitted uses;

C.

Live work units, with work space on the ground floor;

D.

Wireless telecommunications facilities as further outlined in Chapter 20.73.

(Ord. 867 § 2, May 17, 1976; Ord. 1278 § 12, July 18, 2016; Ord. 1304 § 1, September 6, 2018; Ord. 1351, 5/6/2024)

A.

Development standards for nonresidential development are as follows:

1.

Building Height. The maximum 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 commerciallyzoned lot abuts on any R district, that yard shall be not less than as required in such R district.

B.

Development standards for mixed-use developments and multi-family residential authorized by Chapter 20.30 shall comply with Chapter 20.48.

(Ord. 820 § 2, June 3, 1974; Ord. 1278 § 12, July 18, 2016; Ord. 1351, 5/6/2024)

Chapter 20.40 C-G DISTRICTS—GENERAL COMMERCIAL DISTRICTS (§ 20.40.010 – § 20.40.060)

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 mixeduse 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 largelot 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)

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;

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;

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;

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.

ic 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)

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:

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;

Hours of operation;

Proximity to schools;

5. Supervision; 6.

Potential for serving alcoholic beverages;

7.

Loitering; and

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) 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)

A.

Commercial development shall comply with the following development standards:

1.

Building Height. The maximum building height shall be 35 feet.

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)

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-ofway. 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 365day 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)

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)

Chapter 20.42 C-N DISTRICTS—NEIGHBORHOOD COMMERCIAL DISTRICTS (§ 20.42.010 – § 20.42.020)

The Neighborhood Commercial (C-N) district provides a compatible mix of commercial uses and residential uses at 17 DU/acre to 29 DU/acre, including mixed-use with offices or commercial and small-scale multifamily residential developments.

A.

Miller Avenue "Main Street." The Miller Avenue Main Street district is the active center of the Miller Avenue corridor. While currently the area is mainly one-story commercial buildings, this area provides for both neighborhood serving commercial uses on the ground floors of buildings and mixed use with residential above (17 DU/acre to 29 DU/acre). New development should meet the street and have a "main street" feel, with an emphasis on the pedestrian environment. Buildings should be close-knit with two-story buildings encouraged.

B.

Miller Avenue "Gateway." The Miller Avenue Gateway district includes medium- to large-lot General Commercial (C-G) and Neighborhood (C-N) parcels at the transition from the Miller Avenue "Main Street" down to the Miller Avenue "Marsh." This section will continue its current development pattern and accommodate housing types with a density range in accordance with the adopted Land Use Map. (Ord. 1278 § 14, July 18, 2016)

All provisions of Chapter 20.40 relating to C-G (General Commercial) districts shall apply in all C-N districts, except that no establishment which provides live entertainment and/or dancing shall be permitted except upon the issuance of a conditional use permit pursuant to the procedures and standards set forth in Chapter 20.64. The findings and conditions set forth in Sections 20.64.045 and 20.64.046 shall be strictly applied with respect to any proposed establishment which involves live entertainment and/or dancing and is located within a C-N district with particular consideration given to the impact of noise associated with such an establishment upon residential areas of the City. The conditional use permit shall specify the hours during which live entertainment and/or dancing may occur. In no case shall these hours be before 10:00 a.m. nor after 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday. Cultural, social, educational and philanthropic organizations holding occasional events involving live entertainment and/or dancing are exempt from this section.

(Ord. 952, § 1, December 17, 1979; Ord. 1132, March 23, 1995; Ord. 1269 § 1, February 17, 2015; Ord. 1278 § 14, July 18, 2016)

Chapter 20.45 C-D DISTRICTS—DOWNTOWN COMMERCIAL DISTRICTS (§ 20.45.010 – § 20.45.030)

The Downtown Commercial district provides a mix of commercial and mixed-use land uses that support the varied physical and social characteristic of the downtown. This zone permits both conditionally and byright housing options within the area's commercial districts that allow residential uses above the first floor. Residential densities within the Downtown Commercial Zone (C-D) ranges from 17 DU/acre to 29 DU/acre. (Ord. 1278 § 15, July 18, 2016)

commercial and mixed-use land uses that support the varied physical and social characteristic of the downtown. This zone permits both conditionally and byright housing options within the area's commercial districts that allow residential uses above the first floor. Residential densities within the Downtown Commercial Zone (C-D) ranges from 17 DU/acre to 29 DU/acre. (Ord. 1278 § 15, July 18, 2016)

All provisions of Chapter 20.40 relating to C-G (General Commercial) districts shall apply in all C-D districts, except that no establishment which provides live entertainment and/or dancing shall be permitted except upon the issuance of a conditional use permit pursuant to the procedures and standards set forth in Chapter 20.64. The findings and conditions set forth in Sections 20.64.045 and 20.64.046 shall be strictly applied with respect to any proposed establishment which involves live entertainment and/or dancing and is located within a C-D district with particular consideration given to the impact of noise associated with such an establishment upon residential areas of the City. The conditional use permit shall specify the hours during which live entertainment and/or dancing may occur. In no case shall these hours be before 10:00 a.m. nor after 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday. Cultural, social,

educational and philanthropic organizations holding occasional events involving live entertainment and/or dancing are exempt from this section.

(Ord. 1278 § 15, July 18, 2016)

A.

In addition to the list of conditionally permitted uses described in Section 20.40.030, the following parcels identified in subsection B that are within the Neighborhood Commercial (CN) Zoning District and General Plan land use designation of Downtown Commercial (CD) are required to obtain a conditional use permit for the establishment or expansion of any professional, administrative, real estate, medical, dental or other office use located in ground floor space that directly abuts a sidewalk or pedestrian area on Miller Avenue, East Blithedale Avenue, Throckmorton Avenue, Sunnyside Avenue or the Downtown Plaza. B.

The following parcels are subject to the provisions of subsection A.

(Ord. 1278 § 15, July 18, 2016)

Chapter 20.48 PROPERTY DEVELOPMENT STANDARDS FOR MIXEDUSE DEVELOPMENT WITH RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL IN COMMERCIAL DISTRICTS (§ 20.48.010)

A.

Development Standards. Development standards for mixed-use and multi-family developments in Commercial Zoning Districts are as follows:

Minimum Setbacks

Exterior Property Line 0 ft.

Parking[(5,6,7)] Parking shall be provided as specified in Section 20.60.090. Notes:

1. Outdoor yard space less than 10 feet in width adjacent to a building or structure, and areas paved for the storage or movement of motor vehicles or bicycles may not be considered useable outdoor living space. Accessory buildings or structures may be located within required useable outdoor area when the principal uses of such buildings or structures are accessory to those of the useable outdoor areas within which they are located.

et in width adjacent to a building or structure, and areas paved for the storage or movement of motor vehicles or bicycles may not be considered useable outdoor living space. Accessory buildings or structures may be located within required useable outdoor area when the principal uses of such buildings or structures are accessory to those of the useable outdoor areas within which they are located.

2. If the private useable outdoor living space is less than 36 square feet, the project shall include 150% of the deficit below 36 square feet per unit of shared outdoor living space per unit. For example, if the applicant provides 20 square feet of private living space per unit, the deficit would be 16 square feet per unit, requiring the applicant to provide at least 24 square feet of shared outdoor living space per unit.

3. The base height in the C-D zone shall be 35 feet. A building may be increased up to a maximum of 38 feet in height to allow for up to a maximum of 18-foot plate height for the ground floor commercial uses. The upper floors shall have a maximum plate height of 10 feet.

4. Height exceptions permitted per Section 20.60.060.

5. Those parcels included in a Housing Overlay Zoning District as identified on the most updated version of the City's adopted Zoning Map are eligible for modified Development Standards established in Chapter 20.30.

6. Modified parking and development standards are available for qualifying mixed-use and multi-family development projects through the State Density Bonus Law.

7. Modified standards may apply, as allowed under Section 20.40.010(B).

8. Front stepback shall apply to the primary exterior street frontage (not all exterior yards), with stepback beginning at the front property line.

B.

Additional Development Standards include:

1.

Adjusted Floor Area—Parking Exclusions. The first 250 square feet of garage space for each parking space is excluded from the allowable FAR. Underground or partially underground parking is exempt from the FAR calculations if it meets the Basement definition in Section 20.08.038.

Increased Height in Downtown Commercial (C-D) Zone. The base height in the C-D zone shall be 35 feet. A building may be increased up to a maximum of 38 feet in height to allow for up to a maximum 18-foot plate height for the ground level commercial uses. The upper floors shall have a maximum plate height of 10 feet.

Reduced Standards for Narrow Lots. For lots 25 feet wide or less, the following shall apply:

a.

Interior side and rear setbacks for lots of 25 feet or less in width is a minimum of three feet. A minimum five-foot setback will remain where windows are placed along the setback line. The five-foot setback will apply to the window and a five-foot section of the building wall on each side of the window. Exterior walls along the minimum setback line shall include a recess or offset of at least two feet for every 30 feet of wall (for a minimum of five feet).

b.

Lots of 25 feet or less in width shall provide parking per dwelling unit as specified in Section 20.60.090(I)(7), but shall not be required to provide guest parking per Section 20.60.090(I)(7)(a).

4.

Guest Parking. No guest parking is required for lots 25 feet or less in width. When included, guest parking must be on the side or in the rear half of the property.

C.

Design Guidelines and Standards. Applications that qualify under this Chapter 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.

D.

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

(Ord. 1278 § 16, July 18, 2016; Ord. 1351, 5/6/2024)

Chapter 20.52 C-R DISTRICTS—COMMERCIAL RECREATION DISTRICTS (§ 20.52.010 – § 20.52.050)

It is the purpose of this district to recognize and maintain those areas which are particularly well suited for recreational or resort purposes, public or private, and which constitute some important social, aesthetic or economic asset to fulfill the objectives of the City's General Plan.

No improvement, land or road grading or subdivision of lands shall take place in a C-R district until a P.U.D. approval has been obtained. The following uses are permitted subject to the planned unit development provisions of this title:

A.

Small craft harbors (including docking, berthing and launching facilities);

B.

Restaurant and bar facilities;

C.

Hotels and motels;

D.

Vacation cabins and cottages for short-term occupancy;

E.

Recreation clubs (yacht, boat, beach, swim, tennis, riding, gun, country) and golf courses;

F.

Parks, playgrounds, and beaches;

G.

Public utility structures; and

H.

Any other use which, in the opinion of the Planning Commission, is of the same general character as those listed above.

I.

Wireless telecommunications facilities as further outlined in Chapter 20.73.

(Ord. 1304 § 1, September 6, 2018)

The following accessory uses are permitted when found to be an integral part of and subordinate to any commercial-recreational use permitted:

A.

Specialty shops including personal service shops;

B.

Marine sales and services;

C.

Auto or marine service station;

D.

Refreshment stands and vending facilities;

E.

Multiple-family dwellings;

F.

Neighborhood shopping centers; and

G.

Any other accessory use which, in the opinion of the Planning Commission is of the same general character as those listed above.

All signs shall be subject to the provisions of Chapter 20.74 of this title. The Planning Commission and City Council may modify the provisions of Chapter 20.74 upon approval of a comprehensive signing program

when such a program is part of the Planned Unit Development permit application.

No C-R district may be established on a parcel or parcels of land less than two acres in area. The four-acre minimum area of the Planned Unit Development provisions is waived for commercial recreation districts.

Chapter 20.54 H-O DISTRICTS — HISTORIC OVERLAY DISTRICTS (§ 20.54.010 – § 20.54.030)

There is hereby created an Overlay Zoning District to be known as H-O Historic Overlay District which may be combined with any of the basic zoning districts designated in this title and applied to any individual property or group of properties. The addition of the H-O Historic Overlay District designation to any basic district shall not operate to reduce or eliminate any requirements established by the basic district regulations or other requirements contained in this title applicable to any district to which the H-O Historic Overlay District is added, unless expressly provided herein; provided, however, that if any of the regulations

specified in this chapter for the H-O Historic Overlay District conflict with the basic district regulations, then the regulations of this chapter shall apply.

The purpose of the H-O Historic Overlay District is to promote the general welfare of the public through:

A.

The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of people, events, or eras, or which provide significant examples of architectural styles and physical surroundings in which past generations lived;

B.

The development and maintenance of appropriate settings for such structures, site or areas; C.

The enhancement of property values, the stabilization of neighborhoods and the increase of economic and financial benefits to the City and its residents;

D.

The enrichment of the cultural and educational dimensions of human life by encouraging study and enjoyment of our historical heritage.

(Ord. 972 § 1, December 15, 1980) The Planning Commission:

A.

On its own initiative or upon application of any person (whether the owner of the property or not) and payment of the fee established by resolution of the City Council, the Planning Commission shall hold public hearings and make recommendations to the City Council on the creation of H-O Historic Overlay Districts.

B.

May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as Historic Overlay Districts, and take appropriate measures which, although not constituting mandatory regulations, will encourage the continued preservation of such structures or landmarks.

C.

May, upon request of the property owner, advise with respect to any proposed work not requiring a City permit within an H-O Overlay District. Such work may include, but is not limited to, painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing and installation of lighting fixtures. Such advice, although not mandatory, shall be designed to preserve the historic characteristics of the property. A.

perty owner, advise with respect to any proposed work not requiring a City permit within an H-O Overlay District. Such work may include, but is not limited to, painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing and installation of lighting fixtures. Such advice, although not mandatory, shall be designed to preserve the historic characteristics of the property. A.

All applications for construction, alteration, demolition or sign permits within any H-O Historic Overlay District shall be subject to Design Review as provided in Chapter 20.66 of this title, if such permit involves the construction of any new structure, the demolition of any existing structure, exterior alterations or any interior alterations which would affect the exterior of any structure. In addition to other matters set forth in this title, the United States Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," GPO 937-843, with its latest revisions, subject to such considerations as may be appropriate for local Mill Valley conditions, shall be utilized as guidelines in exercising Design Review.

B.

The Zoning Administrator may approve any application referred to in subsection A of this section, or may suspend the action of all City departments on such application for a period not to exceed 180 days. The City Council may extend the suspension for an additional period not to exceed 180 days, if such extension is made not more than 90 days and not less than 30 days prior to the expiration of the original 180-day

period. During such suspension, the Zoning Administrator shall consult with civic groups such as the Mill Valley Historical Society, historic preservation organizations, public agencies, and interested citizens and shall make recommendations to the City Council for acquisition of the property by public or private bodies or agencies, explore the possibility of moving one or more structures, and take any other reasonable measures necessary to further the purposes of this chapter. If, at the expiration of the suspension period, the City has not taken such action as will legally preclude the issuance of the permit applied for, then the application shall be processed.

C.

If the applicant presents facts clearly demonstrating to the satisfaction of the Zoning Administrator that failure to approve the application will work immediate and substantial hardship because of the conditions peculiar to a particular structure or other feature of the property, and such hardship has not been created by an act of the owner in anticipation of action under this chapter, the Zoning Administrator may approve such application even though it does not meet the standards set forth herein. Personal, family or financing difficulties, loss of prospective profits and neighboring violations are not justifiable hardships. D.

structure or other feature of the property, and such hardship has not been created by an act of the owner in anticipation of action under this chapter, the Zoning Administrator may approve such application even though it does not meet the standards set forth herein. Personal, family or financing difficulties, loss of prospective profits and neighboring violations are not justifiable hardships. D.

None of the provisions of this chapter shall prevent any reasonable measures of construction, alteration or demolition necessary to correct any condition which has been declared unsafe or dangerous by the City and where the proposed corrective measures have been declared necessary by the City.

E.

The owner, lessee and any other person in actual charge or possession of any property within an H-O Historic Overlay District shall keep in good repair all exterior portions of any structure on such property and all interior portions, the maintenance of which may be necessary to prevent deterioration of any exterior portion. Building permit fees for such maintenance and repair shall be waived.

F.

The Building/Zoning Code Inspector may apply the provisions of regular building standards and building regulations adopted pursuant to California Health and Safety Code Section 18958, or any combination of regular and alternative building standards and building regulations, in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, moving or continued use of an historical building or structure.

(Ord. 972, December 15, 1980; Ord. 1123 § 5, August 2, 1993)

Chapter 20.55 C-F DISTRICTS—COMMUNITY FACILITIES DISTRICTS (§ 20.55.010 – § 20.55.040)

The following regulations shall apply with respect to each parcel of land in all C-F districts. (Ord. 971, October 6, 1980)

All uses, excluding those uses prohibited in Section 20.55.025 of this chapter, seeking to locate in a C-F district must secure a conditional use permit. A public school use is permitted without the issuance of a conditional use permit.

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 utilizing the following factors: A.

Noise generation.

B.

Traffic generation of employees and clients and availability of parking spaces.

C.

Safety in relation to existing school activities.

D.

Generation, storage or use of any noxious, flammable or hazardous substance.

E. Hours of operation. F.

Storage of materials. (Ord. 971; Ord. 974, April 6, 1981) The following uses are prohibited in any C-F district: A.

Retail commercial or industrial uses.

B.

Uses involving the medical care or treatment of animals or humans.

C.

Laboratories or manufacturers of acid, explosives or corrosives. D.

Banks, mortgage companies, real estate companies, or savings and loan offices. E.

Residential uses, including motels and bed-patient medical facilities, except as related to child day care centers and school related accommodations for teachers or custodial staff.

F.

Bakeries, bottling works, canning or packing plants, restaurants, and food distributing stations. G.

Automobile assembly or repair, electric welding, electroplating, machine shops, plumbing shops, stone cutting, paint mixing, dying or cleaning work.

H.

All other uses which, in the opinion of the Planning Commission are similarly objectionable by reason of odor, dust, smoke, gas, noise, traffic or vibration, or would impose a hazard to health and property in the neighborhood.

(Ord. 971; Ord. 974, April 6, 1981)

All new or exteriorly modified structures located in a C-F district, excluding maintenance and repair of such structures, shall be subject to Design Review procedures as set forth in Chapter 20.66 of this title. (Ord. 971, October 6, 1980)

C-F districts shall be limited to lands owned by public school districts and presently occupied by structures originally designed and intended for public school use. Leased space in a C-F district for non-school related uses shall not exceed 50% of the usable classroom space of the school buildings. If a parcel zoned C-F is sold by the school district, or if a school use on the site is terminated for any reason, the property shall require rezoning prior to any development approval.

(Ord. 971; Ord. 974, April 6, 1981)

Chapter 20.56 O-A DISTRICTS—OPEN AREA DISTRICTS (§ 20.56.010 – § 20.56.060)

The following regulations shall apply with respect to each parcel of land in all O-A districts. The following uses are permitted:

A.

Public parks, playgrounds and recreation areas.

B.

Crop farming, truck gardening and grazing.

C.

Golf courses, country clubs, forest preserves, wildlife reserves, equestrian and hiking areas. D.

Accessory structures. (Ord. 975 § 3, April 20, 1981)

The following uses are permitted after the securing of a conditional use permit:

A.

Public or private schools.

B.

Public or civic buildings.

C.

Private recreational uses.

D.

Necessary residential accommodations for teachers or custodial staff.

E.

Residences clearly accessory to the primary use of property for agricultural purposes.

F.

Stable and riding academies.

G.

Public utility or public service uses.

H.

Wireless telecommunications facilities as further outlined in Chapter 20.73.

(Ord. 1304 § 1, September 6, 2018)

Any other use of land is prohibited (including commercial woodcutting or logging). All plans shall be subject to the design review procedures of Chapter 20.66 of this title.

O-A districts shall be limited to lands of a public agency such as county, school district, municipal

corporation or political subdivision of the State of California, lands encumbered with a public easement or other right of public use, and private lands for which the owner has requested O-A classification.

Chapter 20.57 PLANNED DEVELOPMENT COMBINING DISTRICT (§ 20.57.010 – § 20.57.110)

There is created a combining district to be known as PD planned development district, which may be combined with any of the basic zoning districts designated in this title and applied to any individual property.

The purpose of the PD district is to provide the City with a tool to review, guide and promote the orderly and beneficial development of those areas which may be of particular impact, value and benefit to the entire community.

The addition of a PD district designation to any basic zoning district shall not operate to reduce or eliminate any requirements established by the basic district regulations or other requirements contained in this title applicable to any district to which the PD district is added unless expressly provided herein; provided, however, that if any of the regulations specified in this chapter for a PD district conflict with the basic district regulations, then the regulations for the PD district shall apply.

(Ord. 787 § 2, February 20, 1973)

No use shall be established or changed, or any building or structure constructed or altered, upon property in any zoning district with which a PD district is combined unless a special development permit is first issued by the Planning Commission or City Council. Unless a finding is made that the conditions set forth in Section 20.57.070 are met, neither the Planning Commission nor the City Council shall approve a special development permit even though the use for which such permit is sought is otherwise authorized by the basic district zoning regulations.

(Ord. 787 § 2, February 20, 1973)

Following issuance of a permit:

A.

No use shall be established or changed, or any building or structure constructed or altered, upon property in any zoning district with which a PD district is combined except in strict conformity with the permit and any conditions or requirements attached thereto; and

B.

No use shall be established or changed, or any building or structure constructed or altered, in a manner which would not comply with the regulations of the zoning district with which the PD district is combined except for the modifications authorized by the permit.

(Ord. 787 § 2, February 20, 1973)

In connection with the issuance of any special development permit, the Planning Commission or City Council may attach such conditions or requirements as the Planning Commission or City Council finds necessary to attain the objectives and purposes of this title, any applicable general or specific plan, and to

insure that the general appearance of buildings and structures, and the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of properties.

(Ord. 787 § 2, February 20, 1973)

Applications for a special development permit shall be filed with the Planning and Building Department on forms furnished for this purpose, and shall be accompanied by payment of the fee established for such applications by resolution of the City Council.

(Ord. 787 § 2, February 20, 1973)

A site development plan shall be submitted in connection with each application at such scale and in such number of copies as may be required by the Director of Planning and Building, containing sufficient information to identify the following:

A.

Each proposed use.

B.

Location and type of:

1.

Proposed buildings and structures, including height, bulk, exterior elevations, and types of exterior materials and colors.

2.

Traffic and pedestrian ingress and egress and circulation.

Off-street parking and loading facilities.

Easements.

Exterior signs.

Landscaping, including tree preservation.

7. Exterior lighting.

8.

Walls and fences or other devices used for screening or separation.

Property boundary lines. 10.

Proposed reshaping of the earth. 11.

Location map.

12.

Any other supporting data required by the Director of Planning and Building to achieve the purposes of this chapter.

(Ord. 787 § 2, February 20, 1973)

The Planning Commission shall hold a public hearing on each application as provided in Section 20.60.200. No special development permit shall be approved unless a finding is made that the establishment,

maintenance or operation of the use applied for will not, under the circumstances of the particular case, be

detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, not be detrimental or injurious to property and improvements in the neighborhood. Unless an appeal is filed, the action of the Planning Commission shall be final.

(Ord. 787 § 2, February 20, 1973; Ord. 1123 § 6, August 2, 1993) Notwithstanding any other provisions contained in this chapter:

A.

No conditional use permit, otherwise required by the regulations of the basic zoning district with which a PD district is combined, shall be required for uses, buildings or structures permitted in an approved special development permit;

B.

At the time of approving a special development permit, the Planning Commission or City Council may allow lot area, lot width, yard, height, bulk and space, and parking space requirements varying from and different

from those which would otherwise apply in the basic zoning district with which the PD district is combined, and in such instances, no variance from the basic zoning district shall be required.

(Ord. 787 § 2, February 20, 1973)

An approved special development permit shall expire and become null and void if the permit has not been

used within one year after the date such permit was approved. Commencement of construction of the buildings or structures, or the establishment of the use, which are the subject of the permit, constitutes commencement of the use of the permit.

(Ord. 787 § 2, February 20, 1973)

A special development permit may be revoked by the Planning Commission or City Council after a public hearing thereon when the Planning Commission finds a violation of or a non-compliance with any conditions of the permit.

(Ord. 787 § 2, February 20, 1973)

The Planning Commission action on a special development permit may be appealed to the City Council as specified in Chapter 20.100.

The action of the City Council in the case of an appeal shall be final.

(Ord. 787 § 2, February 20, 1973)

Chapter 20.58 U DISTRICTS—UNCLASSIFIED DISTRICTS (§ 20.58.010 – § 20.58.020)

The following regulations shall apply with respect to each lot in all U districts.

All uses shall require a conditional use permit.

Chapter 20.59 CONDOMINIUM CONVERSIONS (§ 20.59.010 – § 20.59.140)

The purpose and intent of this chapter is to accomplish the following:

A.

To provide consumer protection for prospective purchasers and existing tenants and to protect the availability of rental units within the City of Mill Valley.

B.

To insure that rental apartments being converted to condominiums meet reasonable physical standards as required by all applicable laws, ordinances and regulations.

C.

To maintain the availability of an adequate supply of rental housing.

D.

To insure that rental apartments being converted to condominiums shall conform to California Administrative Code, Title 24: Energy Conservation Standards for New Residential Buildings and NonResidential Buildings.

E.

To ensure that tenants in rental apartments containing four or fewer units that are being converted to condominiums are provided with the same notices and protections afforded tenants in buildings containing five or more units that are being converted to condominiums.

F.

To promote housing stability and security within the City of Mill Valley.

(Ord. 1265 § 2, November 3, 2014)

For the purposes of this chapter, the following words and phrases shall be interpreted as set forth in this section.

"Condominium"

means an estate in real property, the nature of which is defined in Section 4125 of the Civil Code, and the duration of which is as set forth in Section 783 of the Civil Code.

"Condominium conversion"

means the conversion of the ownership of the units in a residential housing project consisting of units that are or were previously occupied as rental units from a single ownership to an ownership in which the residential units may be sold individually, and may include, but is not limited to the conversion of rental units into a condominium project (as defined herein), a community apartment project (as defined in Section 11004 of the Business and Professions Code), or a stock cooperative (as defined in Section 11003.2 of the Business and Professions Code).

"Condominium project"

means a real property development consisting of condominiums.

(Ord. 1265 § 2, November 3, 2014)

The requirements of this chapter apply solely to residential condominium conversions of two or more rental units.

(Ord. 1265 § 2, November 3, 2014)

A conditional use permit is required for any condominium conversion to which this chapter applies. The provisions, procedures, considerations, findings and requirements set forth in this chapter and in Chapter 20.64 Use Permits and Variances, shall govern the issuance of a conditional use permit for any condominium conversion.

(Ord. 1265 § 2, November 3, 2014)

A conditional use permit authorizing a condominium conversion shall not be issued unless, in addition to the findings set forth in Section 20.64.040, the City also finds, on the basis of substantial written evidence, that:

A.

The proposed conversion will not substantially affect the availability of rental housing in the community; B.

Replacement housing for displaced tenants is available within Mill Valley; and

C.

The proposed conversion is consistent with the Mill Valley General Plan, and in particular, with the objectives, policies, and programs of the Housing Element of the General Plan designed to provide for the housing needs of all economic segments of the community, as well as with any and all applicable specific plans.

(Ord. 1265 § 2, November 3, 2014)

In addition to the filing requirements set forth in Chapter 20.64, an application for a condominium conversion conditional use permit must include:

A.

A map showing the boundaries of all units for information purposes,

B.

A report containing the following information regarding current tenants:

Length of occupancy;

2.

Current rents, any utilities included in rent, date and amount of last rental increase; and

3.

Expiration date of any current lease agreements.

C.

A copy of the proposed declaration of restrictions required for the project, which document shall set forth the occupancy and management policies for the project and shall contain provisions satisfactory to the City regarding the following:

1.

The inclusion of any conditions of approval ultimately adopted by the City, and a prohibition on amending any such conditions without written approval from the City.

2.

Maintenance of all common areas and payment of all assessments and taxes.

3.

Provision for the City to make any repairs or engage in any maintenance necessary to abate any nuisances, health or safety hazards and assess the owners of the condominium units for such repair or maintenance.

4.

Provision that an individual owner cannot avoid liability for his or her prorated share of the expenses for the common area by renouncing rights in the common areas.

D.

A report detailing the general condition of any improvements on the site, including the buildings, mechanical equipment, appliances, and parking facilities.

E.

Proof of applicant's compliance with Section 20.59.090 below, requiring notice of intent to convert to current and prospective tenants.

F.

A survey, bearing information collected within six weeks of submission of the application to the City,

showing comparable rental housing within the municipal boundaries of Mill Valley. This survey is to be used to evaluate the impact of the conversion on tenants who will be displaced, per Section 20.59.050(A) above. The survey shall include identification of all rental housing in structures of two or more units within Mill Valley and shall include the number of units, categorized by bedroom count and rents charged, as well as vacancies by unit type.

(Ord. 1265 § 2, November 3, 2014)

Prior to any public hearing on an application for a condominium conversion conditional use permit, the Building/Zoning Code Inspector shall visit the site of the proposed condominium conversion and prepare a report on the general conditions of all buildings, listing all code violations. Any and all such code violations shall be corrected to the satisfaction of the Building/Zoning Code Inspector prior to final map approval. (Ord. 1265 § 2, November 3, 2014)

In addition to the requirements set forth in Chapter 20.64, a conditional use permit authorizing condominium conversion shall not be approved without the following conditions:

A.

The condominium project shall conform to all applicable laws, ordinances, and regulations for new buildings including, but not limited to, those pertaining to housing, building, fire, subdivision, and zoning. In addition, the noise transfer standards for new buildings as contained in the latest Uniform Building Code shall apply.

B.

Each dwelling unit shall have space and connections for the installation and operation of laundry equipment for the private use of the occupants of that unit.

C.

Each dwelling unit shall be provided with enclosed and secure personal storage space to be located onsite. The amount of space shall be equal to one cubic foot of storage area for each three feet of gross floor area. D.

The condominium conversion project shall comply with the inclusionary housing provisions set forth in Chapter 20.80 of this Code.

E.

Existing tenants as of the date the application for a condominium conversion is filed with the City who: (1) are "lower income," as that term is defined in California Health and Safety Code Section 50079.5(2); or are 68 years of age or older; or (3) are "disabled" as that term is defined in California Civil Code Section 54, must be offered lifetime leases on reasonable terms to be approved by the City of Mill Valley. Annual rent increases for tenants awarded lifetime leases per this subsection may not exceed a rate equal to one-half the annual Bay Area inflation rate as determined by the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Metropolitan area—All Items.

(Ord. 1265 § 2, November 3, 2014)

A.

At least 60 days prior to submitting an application for a condominium conversion conditional use permit to the City, the applicant must provide notice of intent to convert to each tenant in the project proposed for condominium conversion.

B.

In addition, the applicant must provide all prospective tenants of a project for which a notice of intent to convert has been issued to tenants with a copy of the notice of intent to convert prior to the prospective tenant's execution of a lease. If timely provided with such notice, prospective tenants shall not be entitled to tenant relocation assistance as otherwise required under Section 20.59.120.

C.

If the applicant is applying for a tentative map concurrently with a condominium conversion conditional use permit, the notice required by this section may be combined with the notice required by Government Code Section 66427.1. Any notice issued under this section must state that if the condominium conversion

project is approved, tenants may be required to vacate the premises. This notice is only a warning of a possible conversion and not a notice to vacate the premises.

(Ord. 1265 § 2, November 3, 2014)

A.

At least 10 days prior to the submission of an application to the Bureau of Real Estate for a public report, the applicant must provide notice to each tenant in the project that: (1) the application for a public report will be submitted; (2) upon the issuance of the public report the tenant will be granted an exclusive right to contract for the purchase of the unit occupied by the tenant upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant; (3) the period for

each tenant's right to purchase begins with the issuance of the final public report; and (4) the report will be available on request.

B.

The notice required under subsection A above must state that the condominium conversion project will be subject to conditions, covenants, and restrictions that establish a homeowners' association to manage the project, that may restrict how the property is used, and that impose certain financial obligations on the owners of units within the project, such as the payment of monthly homeowners' association dues.

C.

In addition, within five days of the issuance of the public report, the applicant must notify each tenant by mail and in writing that the public report has been issued and must in writing grant the tenant the right to purchase the unit as provided in this section. The 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 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. The form of notice required in Government Code Section 66452.20(b) will satisfy the requirements of this subsection C.

(Ord. 1265 § 2, November 3, 2014)

A.

Applicant must notify each tenant in writing within 10 days of the City's approval of a parcel map or final map for the proposed condominium conversion.

B.

Following approval of a tentative map or parcel map for condominium conversion, applicant shall provide each tenant with a written Notice of Intention to Convert prior to termination of tenancy due to condominium conversion. The form of notice required in Government Code Section 66452.19 will satisfy the requirements of this subsection B.

C.

Applicant must provide notice of termination of tenancy to all tenants at least 180 days prior to the date on which tenants must vacate the property.

(Ord. 1265 § 2, November 3, 2014)

The applicant must provide the following services to any person whose tenancy would end as a result of approval of a requested condominium conversion:

A.

Relocation Assistance. Except as set forth in Section 20.59.090(B) above, all tenant households whose

rental units are being converted to condominiums are entitled to financial relocation assistance in the amount of three month's rent based on HUD's annual Fair Market Rent for apartment size for Marin County. The relocation payment shall be a one-time payment, paid no later than the day on which the applicant gives notice to the tenant to vacate the premises. This money may be used as down payment assistance to purchase the unit when it is converted. Tenants will be provided with the approximate amount of relocation assistance as part of the distribution of the handout identified in Section 20.59.090(A).

B.

Leasehold Rights. Tenants shall receive the following rights during the 180 day termination of tenancy period caused by the proposed condominium conversion.

Rent increases shall not be permitted.

2.

Tenants may provide a 30-day notice to terminate their lease or rental agreement without penalty.

(Ord. 1265 § 2, November 3, 2014)

The City shall provide the following notices:

A.

Notice of public hearings on proposed condominium conversions shall be provided to tenants of such projects in accordance with Government Code Section 66451.3, in addition to any other required notice requirements.

B.

Any report or recommendation on a tentative or parcel map for a condominium conversion shall be provided to the applicant and to each tenant of the proposed condominium conversion in accordance with Government Code Section 66452.3, in addition to any other required notice requirements.

(Ord. 1265 § 2, November 3, 2014)

Nothing contained in this chapter shall be interpreted as authorizing a condominium, condominium conversion, or condominium project in any zoning district where such use would be otherwise prohibited; nor shall anything contained in this chapter be interpreted as waiving compliance with the provisions of Title 21 of this Code or any other applicable statutes, ordinances, or regulations.

(Ord. 1265 § 2, November 3, 2014)

Chapter 20.60 GENERAL PROVISIONS AND EXCEPTIONS (§ 20.60.060 – § 20.60.300)

Church spires, belfries, cupolas and domes, observation towers, distribution and transmission towers, flag poles, radio towers, masts and aerials, elevator penthouses, chimneys and other accessory units mounted on buildings shall not exceed 10 feet above the height limit for said building. A.

Purpose. The City has determined that controls and limitations on fencing are necessary to preclude fencing from adversely affecting the appearance and character of the community and the health, safety, welfare and enjoyment of its citizens.

The limitations contained in this section are intended to provide reasonable surety that fencing does not unreasonably restrict views, natural animal movements, air circulation or sunlight; impair safe sight distances related to vehicular, pedestrian or other types of circulation or become undesirable physical features of the community.

B.

Definitions.

Fencing.

Fencing is defined as any manmade barrier, barricade, or boundary marker serving as screening, restriction to access, definition of boundaries, privacy screen, method of confinement or security screen.

Measurement of Height.

The height of fencing shall be the vertical distance between finished grade at the base of the fence and the top edge of fence material. Fencing on top of masonry, concrete, stone or wood walls or on an artificially built up ground surface which faces an adjacent property or public right-of-way, shall be measured to the base of the wall or the natural grade.

C.

When a Fence Permit is Required. Fencing located entirely on a private property outside the required setbacks or within the required interior yard setbacks and not exceeding seven feet in height or within the required exterior yard setbacks and not exceeding four feet in height may be constructed without obtaining a permit from the City.

Fencing located within public right-of-ways or which exceeds the four-foot and seven-foot height limits require a fence permit from the Planning and Building Department.

D.

Application Requirements for a Fence Permit. A request for a fence permit shall be submitted to the Planning and Building Department and shall include a completed application form, the fee as set by resolution of the City Council and plans adequately indicating the location and design of the proposed fence.

E.

Fences Located in Public Right-of-Way. Prior to granting a permit for any fence located entirely or partially within a public right-of-way, the application shall be referred to the Department of Public Works for its review and recommendations and intended action on the separately required revocable encroachment permit.

F.

Findings Required to Approve Any Fence Permit. In approving any application for a fence permit the following findings must be made:

1.

The fence will not impair vehicular and pedestrian movements and sight lines;

2.

The fence will be structurally sound;

3.

The fence will be aesthetically attractive to the community and adjacent residents by incorporating design features such as lattice or trellis work or consisting of open wire fabric;

4.

The fence will not unreasonably restrict natural animal movement. G.

Additional Findings Required to Approve Any Fencing Located in a Public Right-of-Way. In addition to the findings specified above, the following additional findings must be made in approving any application for fencing located within a public right-of-way:

1.

The portion of the public right-of-way being enclosed by the proposed fence is not anticipated to be needed for any public use;

2.

The fence will enclose the minimum amount of the right-of-way necessary to accomplish the intended purpose;

3.

The proposed location of the fence will still allow an adequate area for pedestrians to walk off the edge of the traveled way;

4.

The fence will not obstruct access to public improvements and utilities;

5.

The fence will not eliminate existing or potential parking spaces within the public right-of-way; and

The Department of Public Works has indicated its intention to issue a Revocable Encroachment Permit under Chapter 11.16 of this Code.

H.

Appeal of Decision on Fence Permits. Any decision of the Planning and Building Department on a Fence Permit may be appealed to the Planning Commission in accordance with Chapter 20.100 of this Code.

I.

Vegetation. The controls on fencing contained in this section shall not apply to native or landscape vegetation. However, the City may trim or remove or require the adjacent property owner to trim or remove any landscape vegetation located on a public right-of-way if the vegetation adversely affects public safety or restricts reasonable use of the right-of-way.

(Ord. 1123 § 7, August 2, 1993; Ord. 1182 § 6, April 2, 2002) A.

Encroachment on Official Plan Line. Whenever an official plan line has been established for any street as a precise section of the master street and highway plan, required yards shall be measured from such line, and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.

B.

Eaves, stairs, not over six treads in length, chimneys and other minor projections shall be allowed to encroach upon yard requirements to a maximum of 30% of each dimension required.

C.

In an R district, entrance stairways, entrance patios, or entrance decks may be located within the required front yard if the average downslope of the front 35 feet of the lot exceeds four feet fall in a horizontal distance of 10 feet.

With the exception of setback, height and size limitations for second units in new or existing accessory structures outlined in Chapter 20.90 of this title, in any residential district, the following regulations shall apply to all other accessory buildings and structures as defined in this title.

A.

Setback Requirements. Accessory buildings or structures may not occupy any portion of a required interior or exterior yard with the following exceptions:

1.

Fences not exceeding seven feet in height in required interior yards and four feet in required exterior yards, or within 15 feet of the street corner of a corner lot.

2.

Steps, retaining walls, and similar functional design elements required for pedestrian or vehicle access to a structure shall be allowed within a setback based on the minimum design needed to make access feasible.

3.

Driveways, uncovered car decks, and retaining walls that support parking structures shall be allowed in setbacks, subject to Design Review as specified in Section 20.66.020.

A minimum separation of six feet must be maintained between an accessory structure, excluding below grade swimming pools, and the main building or any another structure on the property. B.

Lot Coverage Requirements. In addition to the main structure, the amount of lot coverage resulting from any accessory building or structure shall be taken into account in determining whether a property is in compliance with the applicable lot coverage limitations set forth by the specific zoning on the property. No

more than three accessory structures are permitted on any property excluding below grade swimming pools, and carports and garages which are necessary to satisfy applicable parking requirements for the specific zoning on the property.

C.

Height Requirements. Except as permitted herein, the height of an accessory structure or building, as measured in accordance with the provisions of Section 20.08.050 of the Mill Valley Municipal Code, shall not exceed 15 feet except that an accessory structure constructed above a new or existing parking structure may be increased pursuant to the provisions contained in Chapter 20.90 of this title.

Notwithstanding the foregoing, a garage or carport which is necessary to satisfy applicable parking requirements for the specific zoning on the property shall be subject to the following height limitations:

1.

The overall height of the entire structure, as measured in accordance with the provisions of Section 20.08.050 of the Mill Valley Municipal Code, shall not exceed 30 feet.

2.

The height of the structure, as measured vertically from the finished floor elevation of the parking deck, but otherwise in accordance with the provisions of Section 20.08.050 of the Mill Valley Municipal Code, shall not exceed 25 feet.

D.

Maximum Size Requirements. The maximum gross floor area of an individual accessory structure, excluding swimming pools, shall be limited to 500 square feet of enclosed space as measured from the exterior walls of the proposed structure except that the gross floor area permitted for a residential second unit or residential second unit/garage structure is established pursuant to Chapter 20.90 of this title. (Ord. 1199 § 4, March 1, 2004; Ord. 1307 § 1, March 4, 2019)

In any R district, front walls of garages or front posts of carports or parking decks must be set back at least 15 feet from an exterior property line, or 20 feet from the edge of the sidewalk or street paving nearest the exterior property line, whichever distance is greater if the average slope of the front 35 feet is 10% or less. They may be located to within three feet of the exterior property line if the average slope of the front 35 feet of the lot exceeds 40%. The permitted setback for garages, carports or parking decks for properties averaging between 39% and 11% in the front 35 feet shall be as follows:

he exterior property line, whichever distance is greater if the average slope of the front 35 feet is 10% or less. They may be located to within three feet of the exterior property line if the average slope of the front 35 feet of the lot exceeds 40%. The permitted setback for garages, carports or parking decks for properties averaging between 39% and 11% in the front 35 feet shall be as follows:

(Ord. 1182 § 6, April 2, 2002)

A.

Off-street parking spaces conforming to the requirements of Section 20.08.158 and acceptable to the City Engineer as usable under all weather conditions shall be installed on the premises prior to the issuance of a certificate of occupancy for the use or building involved. In addition to the provisions of Section 20.08.160, all parking spaces shall be provided with adequate ingress and egress and with appropriate turning and circulation areas as depicted on Table I entitled "Standards for Design of Parking Spaces," attached hereto and incorporated herein. For uses other than single residential, adequate turning radii shall be provided on the property to permit safe ingress and egress. Backing onto a public street shall not be permitted except in R-S districts.

B.

Where more than one use is included within any one building or on any single parcel, or on any series of parcels covered by any application before the City, the parking space requirements shall be the sum total of the requirements of the various uses; however, where the operation of these uses is such that hours of operation complement each other in regard to parking, the Planning Commission may authorize a reduction in these requirements.

C.

Parking spaces needed to meet the requirements of a particular building or use shall not be transformed or changed to another type of use, or transferred to meet the parking space requirements of another building or use, until the parking spaces required for the original use or building is provided at another location.

D.

Any building or use requiring one-half or more of a parking space shall be deemed to require the full space. E.

The gross floor area for the purpose of determining the number of required parking spaces shall be the total floor area of all buildings devoted to the particular use involved, exclusive of floor area permanently allocated for parking or loading spaces.

F.

For any use, 25% of the required parking spaces may be for compact cars. G.

When there is a change or expansion of a commercial use which is presently nonconforming because it does not satisfy parking space requirements, and additional parking spaces cannot reasonably be provided on the premises, no additional parking spaces or payments in lieu thereof shall be required so long as the changed or expanded use requires the same or fewer parking spaces than the immediately preceding use. The determination whether a changed or expanded use requires additional parking spaces shall be based

upon a calculation of the net increase, if any, in the number of required parking spaces attributable to the changed or expanded use as compared to the number of required parking spaces attributable to the immediately preceding pre-existing uses on the site. If feasible, additional parking spaces shall be provided on site. If a change or expansion of a use results in an increased number of required parking spaces and

the additional parking spaces cannot reasonably be provided on the site, then a parking variance shall be required. If approved, the parking variance may be conditioned upon a requirement that the applicant make payments in lieu of parking for the additional spaces pursuant to Section 20.60.095. This section shall not apply to any use which has been abandoned or discontinued as defined in Section 20.60.140. H.

Off-street parking spaces shall be provided for specific uses and buildings in the following numbers: I.

For existing commercial uses that cannot reasonably provide additional parking on site, the Director of Planning and Building may permit existing commercial parking spaces to be converted to required

accessible parking spaces or access aisles, even if the conversion results in fewer parking spaces than required under this chapter.

==> picture [518 x 671] intentionally omitted <==

(Ord. 611; Ord. 752 § 1; Ord. 859 § 1; Ord. 898 § 1; Ord. 961 §§ 1, 2, and 3, June 2, 1980; Ord. 1168 § 1, September 7, 1999; Ord. 1188 § 14, June 2, 2003; Ord. 1209, November 21, 2005; Ord. 1278 § 17, July 18,

2016)

Where it can be demonstrated that the reasonable and practical development of property precludes the provision of required off-street parking, the Planning Commission may permit the requirements thereof to be satisfied in all areas zoned CG, CN and PA by the payment to the City of a sum equivalent to the estimated, normal, current cost to the City of providing required parking spaces to serve the contemplated use. Any off-street parking satisfied in this manner shall run with the land and any subsequent change of use which requires more parking shall require subsequent action to satisfy the additional parking requirement. No refund of such payments shall be made when there is a change to a use requiring less parking. Prior to issuance of a building permit and/or business license, the applicant shall either deposit the in lieu payment in one lump sum or agree to a payment schedule.

The maximum amount of payment for each required parking space shall be fixed by resolution adopted from time to time by the City Council. Funds derived from such payments shall be deposited by the City in a special fund, and, unless the applicant consents otherwise, shall be used and expended exclusively for the purpose of planning, designing, acquiring and developing off-street parking facilities located, insofar as practical, in the general vicinity of the property for which the in-lieu payments were made. A request for permission to make such payment in lieu of providing off-street parking shall be included with the variance application.

When a variance is granted from all or a portion of the off-street parking requirements of this title, such variance may be granted upon the condition that the applicant make payment to the City in accordance with the provision of this section.

(Ord. 743 § 1; Ord. 805 § 1; Ord. 836 § 1; Ord. 852 § 1; Ord. 932 § 1; Ord. 961 § 4, June 2, 1980; Ord. 1168 § 2, September 7, 1999)

Loading space off the street right-of-way, in addition to any required parking area, shall be required as follows:

A.

Retail stores, supply houses, warehouses, wholesale establishments, manufacturing or industrial establishments, and similar uses: One space for each establishment and not less than one space for each 10,000 square feet of gross area (ground or floor) used for the listed or related uses;

B.

Hotels, hospitals and public or semi-public buildings where large amounts of goods are received or shipped: One space for each establishment; C.

In any case where the use involves the standing of vehicles, such as a service station or drive-in operation, no structure shall be located closer to a street than will permit space for the standing of vehicles off the street and adequate space for traffic movements.

The lawful use of land and structures which existed at the time of the adoption of this title on December 19, 1956, although such uses do not conform to the regulations herein specified for the district in which the lot or structure is located, may be continued provided that such use shall not be enlarged nor increased nor extended to occupy a greater area than that occupied by such use at the time of the adoption of this title and further provided that such use is not conducted in a manner constituting a public nuisance. A

nonconforming structure or nonconforming area of a structure shall remain within the same occupancy classification as defined by the most recent version of the California Building Code. Intensifying the building or structure's occupancy (e.g., from a non-habitable space to a habitable space) shall require compliance with all applicable provisions of the Zoning Ordinance.

If such use or occupancy is abandoned or discontinued for a continuous period of one year, the subsequent use of such land or structure shall be in conformity with the regulations specified by this title for the district in which such lot is located. Temporary cessation of use for periods of time less than one year or where a property owner can demonstrate that he or she has diligently been attempting to lease the space shall not be regarded as an abandonment or discontinued use. If, not later than one year following cessation of use, the property owner applies for and thereafter diligently pursues necessary permits and approvals to authorize continuation of the use, the use shall not be regarded as abandoned or discontinued.

If a nonconforming commercial building is located in a residential district and still has economic life as a commercial building, the Planning Commission may, through the conditional use permit procedure, allow other commercial uses which, in its opinion, are similar in nature. The Commission must find that the proposed use will not be detrimental to the existing residential area, and shall limit the permit for a period no longer than the useful economic life of the building.

Parking space requirements for re-establishment of nonconforming uses following abandonment or discontinuation of those uses shall be the same as for newly established uses pursuant to Sections 20.60.090(A)—(F) and (G) of this title.

(Ord. 1277 § 4, June 6, 2016)

A.

Replacement After Demolition.

1.

Voluntary Demolition. If more than: (a) 50% of the exterior roof structure; or (b) 50% of the exterior walls (exclusive of siding and/or sheathing); or (c) 50% of the combined total area of the exterior roof structure and exterior walls (exclusive of siding) of a nonconforming building or structure is voluntarily demolished within any period of 24 months, said nonconforming building or structure, shall be reconstructed or replaced only in compliance with all applicable provisions of this Zoning Ordinance.

2.

Involuntary Demolition. If more than: (a) 75% of the exterior roof structure; or (2) 75% of the exterior walls (exclusive of siding); or (c) 75% of the combined total area of the exterior roof structure and exterior walls (exclusive of siding) of a nonconforming building or structure is involuntarily demolished within any period

of 24 months, said nonconforming building or structure shall be reconstructed or replaced only in compliance with all applicable provisions of this Zoning Ordinance with the exception that nonconforming buildings or structures that exceed the floor area ratio (FAR) limitations shall be allowed to be rebuilt to the

square footage existing prior to the involuntary demolition, but must conform to all other development standards.

B.

Minor Remodel. A nonconforming building may undergo a minor remodel including normal maintenance and repairs, painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement, provided that the additions and alterations and/or repairs comply with all applicable provisions of this Zoning Ordinance.

C.

Exceptions.

1.

Seismic Upgrades. Reconstruction required to reinforce masonry structures shall be permitted, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.

Building Code Upgrades. Reconstruction necessary to comply with the Building Code shall be allowed, provided the reconstruction is limited exclusively to compliance with earthquake or Building Code safety standards, as identified in other applicable Building Code requirements, including state law (e.g., Title 24, California Code of Regulations, etc.).

3.

Floodplain Upgrades. Modifications to a building to minimally comply with the City's Floodplain Management Ordinance shall be permitted without the need of a variance except when the modification would exceed the height limitations.

4.

Voluntary Code Upgrades. Improvements to bring a building further into compliance with adopted Building Codes shall be allowed, provided the retrofitting is limited to code upgrades and does not include other alterations or upgrades.

(Ord. 1277 § 6, June 6, 2016)

Nothing contained in this title shall be deemed to require any change in the planned construction, or designated use of any building for which a building permit has properly been issued in accordance with the provisions of the ordinance then effective, and upon which actual construction has been started prior to the effective date of any provision of this title, provided that in all such cases actual construction shall be diligently carried on until completion of the building.

Application may be made for "Planned unit development approval," called P.U.D. approval, for any district under the following provisions and conditions:

A.

Purpose. The purpose of planned unit development approval is to allow diversification in the relationships of various buildings and structures, and open spaces in planned building groups and in the allowable heights of said buildings and structures, to allow variation in lot sizes; to encourage comprehensive siteplanning productive of optimum adaptation of development to the land, while insuring that the intent of this title in requiring adequate standards related to the public health, safety, and general welfare shall be observed.

B.

Limitation of Development and on Issuing Building Permits. After application for a P.U.D. approval, no development of the land involved shall be permitted, nor shall any building permit be issued for any structure to be located within the limits of the development until the applicant has filed written notice with the Commission that he or she is withdrawing his or her application for P.U.D. approval.

C.

Minimum Area. The minimum area of a P.U.D. shall be not less than four acres of undeveloped property, and/or property which may be redeveloped, but in no event may it comprise less than the entire contiguous property under one ownership.

D.

Fee. Application for P.U.D. approval shall be made by the owner or his/her agent on a form prescribed by the City and shall be accompanied by a fee in an amount established by resolution to be adopted by the City Council.

E.

Drawings, Plans and Information. Drawings and plans shall accompany the application and shall comprise a general development plan covering the entire area of the P.U.D. as defined in subsection C of this section and showing uses, dimensions and locations of proposed structures, areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and open

spaces, and except as provided below, architectural drawings and plot plans demonstrating the design and character of the proposed uses and the physical redesign and character of the proposed uses and the physical relationship of the uses. The Planning Commission may require the submission of additional plans, data and information.

1.

No architectural drawings and plot plans shall be required in any single family residential district; provided that the Planning Commission at its discretion may require submission of said drawings and plans prior to approval of the P.U.D.

2.

In any multiple family, commercial, professional office or unclassified district, no architectural drawings need accompany the original application and the Planning Commission may give partial approval of the P.U.D. on this basis, but no building permit shall be issued, nor any construction commenced unless and until the drawings have been considered and approved by the Planning Commission and full approval of the P.U.D. secured.

3.

Where completed drawings are considered, planned unit development approval shall be noticed as provided for in Section 20.60.200.

F.

Public Hearings. At least one public hearing shall be held on each application.

G.

Findings. In order to approve a planned unit development, the Commission shall find the following:

1.

That construction on the project will begin within a reasonable period of time from the date of full approval and will be completed within a reasonable period of time.

2.

That the proposed development substantially conforms to the general or master plan or to any later adopted precise plan or otherwise governing policy by the City Council.

3.

That all residential development will constitute an environment of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will result in an intensity of land utilization no higher than, and standards of open spaces at least as high as permitted, or as otherwise specified, for the district in which this development occurs.

4.

That all commercial development will create no traffic congestion, will not interfere with any projected improvements, has provided for proper entrances and exits along with proper provisions for internal traffic and parking, and that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent and surrounding existing or prospective development.

5.

That the development of an harmonious, integrated whole justifies exceptions, if such are required, to the normal requirements of this title, and that the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. H.

Action by Commission and City Council. The Planning Commission may recommend to the City Council approval, conditional approval or denial of an application for a P.U.D. Upon receipt of the report of the

action of the Planning Commission, the City Council, after public hearing, may affirm, modify or reverse the decision of the Planning Commission.

1.

In approving any P.U.D. the conditions imposed by the Planning Commission may include, but are not limited to: The time within which a project must begin and be completed, a list or a limit of variances permitted, changed boundaries of the project uses permitted and specification of minimum development standards.

2.

Application for and approval of a P.U.D. wherein variances from the standard regulations are approved or wherein uses normally requiring use permits are permitted, shall be deemed to be in compliance with all the necessary procedures for securing or granting a variance or use permit.

I.

Development Subject to Conditions. Any P.U.D., as authorized, shall be subject to all conditions imposed, and shall be excepted from other provisions of this title only to the extent specified in the approval, and in the case of a P.U.D. in which architectural review has not been required, the applicable district regulations shall apply.

J.

Duty of Building/Zoning Code Inspector. Following the approval of a P.U.D., the Building/Zoning Code Inspector shall ensure that development is undertaken and completed in conformance with the Commission's or Council's approval.

K.

Extensions. Extensions of time limitations may be granted by the Commission upon finding that no change of conditions has occurred in relation to the property since the approval and/or that the approval is still valid with respect to any changed conditions. Application for an extension must be received by the clerk of the Planning Commission not less than 30 days prior to the expiration date. Additional conditions may be imposed by the Commission in granting any extension of time.

L.

Compliance. Following approval of a P.U.D., no development or use of the land, or of any building, shall be permitted, nor shall any building permit be issued for any structure to be located within the limits of the development, except in strict accordance with the approved P.U.D. and all conditions attached thereto. (Ord. 788 § 10; Ord. 910 § 1, May 15, 1978; Ord. 1182 § 6, April 2, 2002)

Any parcel of land with an area and/or an average width of less than the minimum required by the particular district which was under one ownership at the time of the adoption of this title, which owner thereof owned or has owned no adjoining land, or which parcel is shown as a lot on any subdivision map which is hereafter recorded in the office of the County Recorder of the County after approval of the map by the City Council in the manner provided by law may be used as a building site for one one-family dwelling by the owner of such parcel of land or by his or her successor in interest; provided that all other regulations for the district, as prescribed in this title, shall be complied with.

Unless otherwise specified, notice of public hearing shall be given by the mailing of a notice to all persons, shown on the last equalized assessment roll, as owning real property within 300 feet of the property which is the subject of the application. Such notice shall be mailed at least 10 calendar days prior to the date of the public hearing. The notice shall contain a general description of the proposal, including its location, and shall include the time, date and place of the hearing. In addition to these notice requirements, notice of public hearing may also be provided to the general public as specified by resolution adopted by the City

Council. Failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds to invalidate the City's action on the item for which the notice was given.

(Ord. 1041 § 8, September 3, 1985; Ord. 1163, January 19, 1999)

A.

Definition. "Home occupation" is as an accessory use of a dwelling unit for business activities permitted by subsection B.

B.

Permitted Home Occupations. Home occupations are permitted in residential districts with a business license (See Chapter 5.08, Business Licenses) if they meet the following standards:

The business shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes. 2.

The use is conducted entirely within a dwelling and is carried on exclusively by the inhabitants of the dwelling.

3.

The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district.

4.

The use creates no additional traffic and requires no additional parking spaces.

5.

No persons are employed other than that necessary for domestic purposes.

6.

There is no indoor or outdoor use or storage of materials, equipment, or supplies, other than that necessary for domestic purposes.

All applicants for home occupation business licenses must submit a signed declaration acknowledging review of these standards prior to issuance of a license.

C.

Prohibited Home Occupations. Prohibited home occupations shall include, but are not limited to, clinics, barber shops and cosmetology establishments.

(Ord. 1182 § 6, April 2, 2002)

All landscape plans subject to review by the City shall comply with the latest adopted water conservation ordinance of the Marin Municipal Water District. Prior to final approval of any landscape plan, the applicant shall provide written confirmation to the City that the Water District has approved the plan.

(Ord. 1116, December 21, 1992)

Chapter 20.62 ZONING ADMINISTRATOR (§ 20.62.010 – § 20.62.060)

There is created and established the office of the Zoning Administrator of the City of Mill Valley. The Zoning Administrator shall be the Director of the Planning and Building Department or such other person as may be appointed by the Director of Planning and Building.

(Ord. 932 § 1, November 20, 1979)

The Zoning Administrator shall have the power to hear and decide the following matters as required by and subject to the standards and criteria established in this title:

A.

Setback variances for structures which will provide off-street parking required by this title;

B.

All variances associated with the establishment of a new or legalization of an existing residential second unit;

C.

Routine annual and six-month review of conditional use permits previously granted by the Planning Commission;

D.

Extension of, or amendments to, existing variance and conditional use permit approvals which do not alter the general intent of the original approval granted by the Planning Commission;

E.

Design review applications as specified in Section 20.66.070 of this title;

F.

Extensions of, or amendments to, existing design review approvals; G.

Sign permit applications as specified in Chapter 20.74 of this title;

H.

Applications to adjust the property lines between two or more existing legal parcels;

I.

Subdivisions involving the creation of one additional lot;

J.

The acceptance of evidence from property owners as to why a notice of merger of contiguous properties, pursuant to Chapter 21.70 of this Code should not be recorded;

K.

The acceptance of evidence from property owners as to why a notice of violation, pursuant to Section 20.90.170 of this title should not be recorded;

L.

Interpretation of the Zoning Ordinance as codified in this title;

M.

Tree removal permit applications as specified in Chapter 20.67 of this Code.

(Ord. 1123 § 8, August 2, 1993; Ord. 1136 § 2, July 17, 1995; Ord. 1182 § 7, April 2, 2002; Ord. 1188 § 15,

June 2, 2003)

In all cases where conditions may be attached by law to the granting of any permit, the Zoning Administrator may attach such conditions pursuant to the criteria and standards established by this title or other law.

(Ord. 932 § 1, November 20, 1978)

In addition to the other powers granted under this chapter, the Zoning Administrator may adopt rules and procedures necessary or convenient for the conduct of business.

(Ord. 932 § 1, November 20, 1978)

When any matter requiring a public hearing under this title is to be heard and decided by the Zoning Administrator, notice of said hearing shall be given by the Zoning Administrator in the same manner specified in Section 20.60.200.

(Ord. 932 § 1, November 20, 1978)

Any person aggrieved by any determination, interpretation, decision, conclusion, decree, judgment or similar action taken by the Zoning Administrator may appeal such action to the Planning Commission in the manner specified in Chapter 20.100 of this title.

(Ord. 932 § 1, November 20, 1978; Ord. 1123 § 9, August 2, 1993; Ord. 1332 § 1, December 6, 2021)

Chapter 20.64 USE PERMITS AND VARIANCES (§ 20.64.010 – § 20.64.160)

Conditional use permits may be issued for any of the uses or purposes for which such permits are required by the various zoning district regulations. In addition, conditional use permits may be issued for any temporary activity, including, but not limited to, any commercial or non-commercial festival, exhibit, or other similar activity, provided that the total duration thereof does not exceed two days.

(Ord. 896 § 1, May 16, 1977)

Application for a conditional use permit shall be made to the Planning Commission on a form prescribed by the Commission and shall be accompanied by a site plan and plans and elevations for any structure drawn to scale to show the details of the proposed use. Such application shall be accompanied by a fee in an amount fixed by resolution to be adopted by the City Council.

(Ord. 788 § 4, February 20, 1973) The Planning Commission shall hold a public hearing on each application for a use permit. (Ord. 1182 § 8, April 2, 2002)

Notice of the public hearing shall be given as specified in Section 20.60.200.

(Ord. 1041 § 2, September 3, 1985)

In order to grant any use permit, the findings of the Planning Commission shall be that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be detrimental or injurious to property and improvements in the neighborhood of such proposed use, nor to the general welfare of the City. Any decision granting a use permit shall expressly set forth the findings of fact supporting such decision. The Planning Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title, and may require such guarantees, including the posting of a bond or the deposit in cash of funds, and evidence that such conditions are being or will be complied with. (Ord. 829 § 1, September 16, 1974)

The City of Mill Valley is a predominantly residential community. Commercial zones within the City are intended primarily to provide local retail and service businesses necessary to serve adjoining residential areas. They are to serve as neighborhood commercial zones and are not intended for the purpose of providing retail and service businesses on a regional basis. In order to maintain its community character, it is desirable to restrict or limit certain types of uses. Establishments which provide live entertainment and/or which serve alcoholic beverages for consumption on the premises could have a detrimental effect on the community if established in larger numbers, or if established without adequate controls as hereinafter set forth. The location, number and manner of operation of such uses should be controlled to strengthen and promote the stability, balance and predominantly residential character of the City. For these reasons, the Planning Commission, before making the findings required by Section 20.64.040 with respect to such uses, shall consider, among other things, the following:

A.

The location of the proposed use and its relationship and effect upon residential or other areas of the City and surrounding uses;

B.

The number of such uses presently existing or recently approved within the affected neighborhood and within the City;

C.

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; D.

The hours of operation of the proposed use and the potential conflict of those hours with the health, safety and comfort of the residents of the neighborhood;

E.

The relationship and/or conformance of the use to the goals, objectives and policies of the City's General Plan or any specific plans adopted or under consideration;

F.

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

G.

The impact on the community of any proposed entertainment.

(Ord. 826 § 1, August 5, 1974)

Prior to approving a conditional use permit for establishments which provide live entertainment and/or which serve alcoholic beverages for consumption on the premises, the Planning Commission, in making the findings set forth in Section 20.64.040, shall consider the following matters, among others, and the necessity of imposing specific conditions with respect thereto:

A.

Off-Street Parking. Parking requirements may be imposed exceeding those set forth in Chapter 20.60.

B.

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.

C.

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

D.

Hours of Operation. Hours of operation may be restricted. These hours may be subject to adjustment at each periodic review of the application.

E.

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. (Ord. 826 § 2, August 5, 1974)

Because establishments which provide live entertainment and/or which serve alcoholic beverages for consumption on the premises could have detrimental effects which are difficult to foresee upon original examination, conditional use permits for such establishments shall be reviewed six months after issuance

and not less than annually thereafter. Upon such review, the conditions of the conditional use permit may be modified if necessary to achieve the objectives of this chapter, or the same may be revoked for the reasons set forth in Section 20.64.140. Any such modification or revocation shall be subject to the notice, hearing and appeal provisions of this title.

(Ord. 826 § 3; Ord. 880 § 1, October 21, 1976)

No building permit shall be issued where a use permit or variance is required until such use permit or variance has been granted, and then only in accordance with the terms and conditions of the use permit or variance so granted. No building permit shall be issued until the 10-day appeal period as provided in this title has elapsed. If an appeal is filed, in writing, then no building permit may be issued before the matter has been settled.

se permit or variance is required until such use permit or variance has been granted, and then only in accordance with the terms and conditions of the use permit or variance so granted. No building permit shall be issued until the 10-day appeal period as provided in this title has elapsed. If an appeal is filed, in writing, then no building permit may be issued before the matter has been settled.

When, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title will deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, or deprive provision of solar access, variances may be granted by the Planning Commission or Zoning Administrator as provided in this chapter; provided, however, that no variance may be granted under this title which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. Any decision granting a variance shall expressly set forth the findings of fact which support such decision.

(Ord. 892 § 2; Ord. 932 § 6; Ord. 999 § 6, November 15, 1982)

Application for a variance shall be made in writing on a form prescribed by the Planning Commission or the Director of Planning and Building and shall be accompanied by a fee in an amount to be fixed by resolution adopted by the City Council. The application shall be accompanied by a statement, plans, and evidence showing:

A.

That there are exceptions, or extraordinary circumstances, or conditions applying to the land, building or use referred to in the application, which circumstances or conditions are peculiar to the property in question, and do not apply generally to land, buildings and/or uses in the same district.

B.

That the hardship is not due to any action on the part of the applicant.

C.

That the granting of the application is necessary for the preservation and enjoyment of reasonable property rights of the petitioner.

D.

That the granting of such application will not under the circumstances of the particular case, affect adversely the health, comfort or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(Ord. 788 § 5; Ord. 932 § 7, November 20, 1978)

The Planning Commission or Zoning Administrator shall hold a public hearing on each application for a variance within 45 days after the application is accepted as being complete.

(Ord. 1041 § 3, September 3, 1985) Notice of the hearing shall be given as specified in Section 20.60.200.

(Ord. 1041 § 4, September 3, 1985)

In order to grant a variance, the Planning Commission or Zoning Administrator shall find that each and every condition under subsections A, B, C and D of Section 20.64.070 shall apply to the land, building or

use for which the variance is sought and that such variance shall be consistent with the general purposes of this title.

The Planning Commission or Zoning Administrator may designate such conditions in connection with a variance as deemed necessary to secure the purpose of this title and may require such guarantees and evidences that said conditions are being or will be complied with.

(Ord. 932 § 8, November 20, 1978)

Variances to regulations pertaining to lot size, setback, height limitations, lot coverage, and yard requirements may be allowed to improve solar access or energy conservation. (For definition of "solar access" refer to Section 20.08.162.)

(Ord. 1182 § 8, April 2, 2002)

If the applicant for a conditional use permit or a variance has been notified by the City in writing that a structure has been commenced in violation of the terms and conditions of this title, and construction continues after such notice, a fee of $1,000.00 shall be paid by the applicant.

Any use permit or variance may be revoked if any of the conditions or terms of such use permit or variance are violated or for other good cause. In such case the Planning Commission shall hold a hearing on the proposed revocation, after giving written notice to the permittee at least 10 days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 30 days.

Any use permit, variance or plan review becomes null and void if not exercised within one year following the date the same is granted; provided, however, that when a use permit, variance or plan review has not been exercised within one year and good cause for such delay has been shown, the Planning Commission may grant an extension of not more than one year within which such conditional use permit, variance or plan review may be exercised. A use permit, variance or plan review shall be deemed to have been exercised if:

A.

The use has commenced; and

B.

A building permit has been issued by the Building/Zoning Code Inspector and construction has been commenced and has been or is being diligently pursued toward completion.

(Ord. 826 § 4, August 5, 1974)

Any person owning real property within the City may file an application to have this title changed with respect to the zoning classification of his or her property. Such person shall file with the Clerk of the Planning Commission a written application containing such information as the Planning Commission shall from time to time require. The applicant shall pay to the City a fee in an amount established by resolution to

be adopted by the City Council. At the conclusion of such hearing, the Planning Commission shall report its recommendations for or against the application to the City Council for final action.

Notice of time and place of such hearing shall be given by publication at least once in a newspaper of general circulation in the City of Mill Valley at least 10 days prior to the time of the hearing.

(Ord. 788 § 6, February 20, 1973)

Aside from any other fees or deposits, the applicant requesting any entitlement requiring a public hearing shall furnish to the City payment for contract services to compile and type the names and addresses of owners and occupants within the notification area on envelopes containing the public notice. (Ord. 848 § 1, July 30, 1975)

Chapter 20.65 OUTDOOR DINING AREAS AND OUTDOOR

MERCHANDISE DISPLAYS (§ 20.65.010 – § 20.65.110)

Outdoor dining areas or outdoor merchandise displays may be permitted subject to approval by the Planning Director or other review body and issuance of an outdoor dining permit or outdoor merchandise display permit.

(Ord. 1307 § 1, March 4, 2019)

Applications for outdoor dining permits and outdoor merchandise display permits shall be submitted to the Planning Director, together with the appropriate fee, as established by resolution adopted by the City Council, and other required materials. A site plan drawn to scale, depicting passageway dimensions, the location of seating, tables, umbrellas and/or merchandise displays, together with such other information and exhibits as required by the Planning Director, shall accompany the application. The application must be

reviewed by and found to meet the standards of the Department of Public Works, the Mill Valley Fire Department, and the Mill Valley Police Department.

The Planning Director may grant an outdoor dining permit or outdoor merchandise display permit provided that the following findings can be made:

A.

The proposed outdoor dining area or outdoor merchandise display will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use.

B.

The proposed outdoor dining area or outdoor merchandise display will not adversely affect properties in the neighborhood of the proposed use.

The Planning Director may impose reasonable conditions of approval upon any outdoor dining permit or outdoor merchandise display permit as necessary to accomplish the purposes of this chapter.

Any decision of the Planning Director to grant an outdoor dining permit or an outdoor merchandise display permit may be appealed to the Planning Commission in accordance with Chapter 20.100 of this Code.

A.

Outdoor dining areas shall be permitted as accessory uses in connection with lawfully established restaurants or food service establishments.

B.

Food and beverages served in the outdoor dining area shall be limited to that which is served in the interior of the restaurant or food service establishment.

C.

An outdoor dining area must be located directly adjacent to the restaurant or food service establishment to which it is an accessory use.

D.

Tables, chairs, umbrellas or other fixtures associated with outdoor dining areas shall be compatible with the character of the adjacent buildings and with the design guidelines in the Mill Valley General Plan, subject to the approval of the Planning Director.

E.

Furniture and fixtures utilized in outdoor dining areas shall be of good quality, durable materials and construction, and shall be maintained in such a manner as to enhance the downtown area.

F.

Furniture and fixtures utilized in outdoor dining areas may not be bolted into the ground or fastened to streetlights, trees or other street furniture. Tables and chairs must be removed during non-business hours,

unless located on private property.

G.

Any outdoor lighting associated with outdoor dining areas shall be subject to the approval of the Planning Director.

H.

Portable heaters utilized in outdoor dining areas shall be located a minimum of three feet from any combustible material and shall be located completely within the confines of the outdoor dining area.

I.

The canopies of umbrellas utilized in outdoor dining areas must provide a minimum vertical clearance of seven and one-half feet, unless the umbrella does not extend beyond the outside edge of a table. Umbrella canopies shall not be placed within two feet of the face of a curb. Weather shields, temporary walls and awnings, must provide a minimum vertical clearance of seven and one-half feet.

Not more than 50% of the total perimeter lineal footage of the outdoor dining area may be fully enclosed, unless additional parking is provided in accordance with Section 20.60.090. Weather shields, walls, planters or other barriers defining the open portion of outdoor dining area shall not exceed 48 inches in height.

J.

No sound amplification device, musical instrument or sound reproduction device shall be operated or used in outdoor dining areas.

K.

Outdoor dining areas shall be maintained in a clean condition at all times. All litter and food items associated with the outdoor dining area shall be removed and disposed of on a continual basis. The ground surface of the outdoor dining area shall be steam cleaned or pressure washed on a quarterly basis, or as often as determined necessary by the City. Residue water from steam cleaning or pressure washing must be appropriately collected in accordance with best management practices guidelines, never flushed down a gutter or storm drain.

L.

Outdoor dining areas shall be designated by fixed, permanent markings as shown and approved in the permit application.

M.

Outdoor dining areas located in the public right-of-way shall allow a minimum 48 inches, unobstructed passageway from the exterior border of the dining area to the interior edge of the curb of the adjacent street, or to any curb, ramp or crosswalk, or to any other fixed obstruction (i.e., light pole, planting area, parking meter) at all times. No wait staff or busing shall be allowed within the required 48-inch clearance area. Outdoor dining areas shall not obstruct access to parking areas or driveways, or encroach on landscape areas. Owner/operator shall be responsible for compliance with Title 24 of the California Building Code with regards to accessibility.

N.

No additional parking shall be required, unless in the opinion of the Planning Director, significant additional seating is created in the outdoor dining area.

O.

The permit shall expire with the change of business owner or the change of use of the business. (Ord. 1307 § 1, March 4, 2019)

A.

Outdoor merchandise displays shall be permitted as accessory uses to lawfully established retail businesses in the C-G (General Commercial) and C-N (Neighborhood Commercial) districts.

B.

The type of merchandise displayed in an outdoor merchandise display shall be limited to the type of merchandise sold by the business at the site.

C.

An outdoor merchandise display must be located directly adjacent to the retail business to which it is an accessory use.

D.

Outdoor merchandise display fixtures shall be compatible with the character of the adjacent buildings and

with the design guidelines in the Mill Valley General Plan, subject to the approval of the Planning Director. Merchandise displays utilizing card tables, cardboard cartons, plastic milk crates or plywood boxes are not permitted.

E.

Outdoor merchandise display fixtures shall be of good quality, durable materials and construction, and shall be maintained in such a manner as to enhance the downtown area.

F.

Outdoor merchandise display fixtures may not be bolted into the ground or fastened to streetlights, trees or other street furniture. All merchandise and merchandise display fixtures must be removed during nonbusiness hours unless located on private property.

G.

Outdoor merchandise displays shall be limited to 75% of the business frontage, measured by linear foot. H.

Outdoor merchandise displays, including the merchandise placed on them shall be limited to a width of 30 inches and may not be more than six feet high. Merchandise too large to be placed on a display may be freestanding.

I.

Outdoor merchandise displays shall be organized and maintained in an orderly and attractive manner at all times.

J.

No sound amplification device, musical instrument or sound reproduction device shall be operated or used in conjunction with outdoor merchandise displays.

K.

Any outdoor lighting associated with outdoor merchandise displays must be approved as part of the outdoor merchandise display permit process.

L.

Merchandise displays located in the public right-of-way shall allow a minimum 48-inch unobstructed passageway from the exterior border of the designated markings to the interior edge of the curb of the adjacent street, or to any curb ramp or crosswalk, or to any other fixed obstruction (i.e. light pole, planting area, parking meter) at all times. Merchandise display areas shall not obstruct access to parking areas or driveways, or encroach on landscape areas. Owner/operator shall be responsible for compliance with the California Building Code with regards to accessibility and egress.

M.

Outdoor merchandise display areas shall be designated by fixed, permanent markings as shown and approved in the permit application. Minimal contrast markings are required. No paint will be accepted as a

type of designated marking.

N.

Permitted outside merchandise displays located on the public right-of-way shall operate only on the following days.

1.

The weekend including the third Sunday in April, or the 2nd Sunday if the third Sunday is Easter [three days, consisting of the immediate Friday prior, the Saturday and the Sunday only].

2.

The weekend including the third Sunday in June [three days, consisting of the immediate Friday prior, the Saturday and the Sunday only].

3.

Wine and Gourmet Food Tasting day (4th Sunday in June) [one day only].

4.

The weekend including the third Sunday in July [three days, consisting of the immediate Friday prior, the Saturday and the Sunday only].

5.

The weekend including the third Sunday in August [three days, consisting of the immediate Friday prior, the Saturday and the Sunday only].

6.

The weekend including the third Sunday in October [three days, consisting of the immediate Friday prior, the Saturday and the Sunday only].

O.

Outside merchandise displays which are located on the public right-of-way are allowed without permit on the following weekends, provided they are in conformance with requirements A through L as outlined in Section 20.65.070 of this chapter:

1.

Memorial Day Holiday (last Monday in May) weekend [three days, consisting of the immediate Friday prior, the Saturday and the Sunday only].

2.

Fall Arts Festival (second or third weekend in September) weekend [three days, consisting of the immediate Friday prior, the Saturday and the Sunday only]. P.

The permit shall expire with the change of business owner or the change of use of the business.

The permit holder of an outdoor dining permit or outdoor merchandise display permit for use of public property shall, at its sole cost and expense, maintain a comprehensive liability insurance policy in an amount specified by the City at all times during the duration of the permit.

A.

Prior to the issuance of an outdoor dining permit or outdoor merchandise display permit, the applicant for the permit shall furnish the City with a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under the permit.

B.

Said insurance policy shall name the City, its officials, officers, employees, agents and volunteers as additional insureds. Said insurance shall apply as primary insurance, and shall stipulate that any insurance maintained by the City shall be in excess of the permit holder's insurance and shall not contribute with it. The insurance policy shall also contain a provision that cancellation, termination, or suspension of the

policy, or any change of coverage of the insured or additional insureds, shall not be effective until after 30 days prior written notice has been provided to the City.

C.

If the insurance policy is canceled, terminated, suspended or materially changed, the outdoor dining permit or outdoor merchandise display permit shall be suspended until such time as compliance with the requirements of this section has been fully satisfied.

The permit holder of an outdoor dining permit or outdoor merchandise display permit shall indemnify, defend and hold harmless the City, its officials, officers, agents, and employees from any and all claims, causes of action, losses, injuries or damages arising directly or indirectly from the negligent acts, errors or omissions of the permit holder, its officers, agents, employees, or anyone rendering services on its behalf.

This indemnity shall include all reasonable costs and attorney's fees incurred in defending any action covered by this section.

Any outdoor dining permit or outdoor merchandise display permit may be revoked by the Planning Director if any of the terms of such permit or the conditions of approval for said permit are violated, or for other good cause deemed necessary to preserve and protect the health and welfare of the public.

Any decision of the Planning Director to revoke an outdoor dining permit or an outdoor merchandise display permit may be appealed to the Planning Commission in accordance with Chapter 20.100 of this Code.

(Ord. 1203 § 4, May 16, 2005)

Chapter 20.66 DESIGN REVIEW (§ 20.66.010 – § 20.66.130)

A.

It is in the public interest, and necessary for the promotion and protection of the safety, convenience, comfort, prosperity, long-term sustainability, and general welfare of the citizens of the City of Mill Valley to:

Preserve and enhance the natural beauty of the City and of the manmade environment, and the enjoyment thereof;

2.

Maintain and improve the quality of, and relationship between, individual buildings, structures and physical developments so that they contribute to the attractiveness of a neighborhood and the City;

3.

Protect and insure the function, adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood and the City.

B.

In order to maintain the City's attractiveness and character, it is necessary to:

1.

Stimulate creative design for individual buildings, groups of building and structures, and other physical developments;

2.

Encourage appropriate and innovative use of materials, methods and techniques;

Integrate the function, appearance and location of buildings and improvements so as to best achieve a balance between private prerogatives, and preferences and the public interest and welfare. C.

Pursuant to, and in furtherance of, these purposes and aims, the review and approval of certain plans and proposals for the physical development or change of land, buildings, and structures is required and is designated as "design review."

(Ord. 1182 § 9, April 2, 2002)

All new structures or changes in use of an existing structure of 150 square feet or more of gross floor area in any zoning district, physical improvements and all additions, extensions, changes in color, and other exterior changes of or to existing buildings, structures and physical improvements shall be subject to design review, whether or not a building permit is required, except as otherwise exempted by Section 20.66.030. "Physical improvements" as used herein may include, but is not limited to, parking and loading areas, driveways, retaining walls, fences and garbage or trash enclosures.

(Ord. 1199 § 5, March 1, 2004)

The following developments and physical improvements are exempt from design review procedures and requirements:

A.

Additions, extension or exterior changes to or reconstruction of existing single family dwellings and related accessory structures except where the project involves 35% or more of the existing gross floor area of the dwelling or 1,000 square feet or demolition of 50% or more of the exterior surface area of the dwelling (including exterior walls, door and window openings, foundation walls and roofs); or, when located on parcels fronting on East Blithedale Avenue; or, when located in an RP, RSP, or RMP Zoning District; or, when design review is required as a condition of approval pursuant to any section of this title. For purposes of this section, the size of a project is the cumulative total size of any project(s) which are commenced within 24 months of the final inspection of a previous project.

B.

Signs other than those included in plans for a matter subject to design review in which case the plans for the signs shall be considered as part of the design review. All other signs shall be subject to sign review approval as specified in Chapter 20.74.

C.

Any other work determined by the Director of Planning and Building to be minor or incidental in nature and consistent with the intent and objectives of this chapter.

D.

All new accessory structures less than 150 square feet or an expansion of an existing accessory structure involving less than 35% of the existing gross floor area in any R district.

(Ord. 1182 § 9, April 2, 2002; Ord. 1199 § 6, March 1, 2004)

Applications for design review, in a form approved by the Director of Planning and Building, together with the appropriate fee, as established by resolution adopted by the City Council, and other required materials, shall be filed in the office of the Department of Planning and Building. Every application shall be accompanied by such drawings, plans, specifications and graphic or written material as may be required to clearly and accurately describe the proposed work and its effect on the terrain and existing improvements. (Ord. 1182 § 9, April 2, 2002)

The City Council may, by resolution, approve design guidelines for development which are consistent with the intent and purpose of the Mill Valley General Plan and this title.

(Ord. 1182 § 9, April 2, 2002)

Prior to approving an application for design review for a residential project, the City must make all of the following findings on the basis of the application and the evidence submitted:

A.

That the proposal is consistent with the City of Mill Valley General Plan and Mill Valley Municipal Code. B.

The proposal is consistent with the residential design guidelines adopted by the City.

C.

The City has considered whether to apply any limitations on building, size, height and setbacks pursuant to Section 20.66.045.

D.

The approval of the proposal is in compliance with the California Environmental Quality Act. (Ord. 1182 § 9, April 2, 2002)

In acting on any design review application for a non-residential project the City shall seek to assure that the proposed development or physical improvement is designed and located in a manner which will best satisfy the following criteria:

A.

It will carry out its intended function while resulting in an attractive development which will be in substantial harmony with its locale and surroundings and generally compatible with the size, mass and height of other buildings in the vicinity.

B.

It will not impair or interfere with the development, use or enjoyment of other property in the vicinity including public lands and rights-of-way.

C.

The materials, colors and architectural character will be generally compatible with other structures in the vicinity.

D.

It will be appropriately and adequately landscaped with maximum retention of existing significant site vegetation.

E.

Drainage systems and appurtenant structures have been designed to minimize or avoid adverse impacts on other properties.

F.

Proposed cut and fill areas will be minimized and special care taken so that all disturbed areas will be final graded to a natural appearing configuration and planted or seeded to prevent erosion. G.

The design and location of sidewalks, pathways, parking areas, driveways and roads will meet the intended functional requirements and minimize or avoid adverse effects on natural resources or adjacent properties. H.

The proposal is consistent with all applicable building intensity standards and design guidelines contained in the Mill Valley General Plan or adopted by the City Council.

I.

The City has considered and applied any limitations on building, size, height and setbacks pursuant to Section 20.66.045.

(Ord. 1182 § 9, April 2, 2002)

Where a project is subject to Design Review approval and where specific site circumstances or natural or topographic features such as the following are present on the site and indicate that it is appropriate, the City may impose more restrictive size and height limitations and may require greater setbacks and required yards than those specified in the Mill Valley General Plan or this title:

A.

The lot has an irregular configuration (e.g., flag lot).

B.

The proposed building site is located on a steep slope above or below a street or other homes. C.

The lot contains natural or topographic features such as heritage trees as defined in Chapter 20.67 or other significant vegetation; other significant site features such as a major rock outcropping; a creek, other drainage way or riparian area; areas of very steep slope which limit the practical building area on the lot; is in a visually prominent location; or portions of the lot are inaccessible due to a creek or other feature intersecting the lot.

D.

The maximum permitted size and/or height would result in a home and/or garage which are not generally compatible with the scale of other homes and/or garages in the vicinity such as where, for example, the lot is considerably larger than other lots in the vicinity.

E.

In determining the appropriate "adjusted floor area" on smaller lots, as part of the design review approval process the City may also take into consideration the effect of any garage and second unit space otherwise excluded.

(Ord. 1182 § 9, April 2, 2002)

As a condition of approving a design review application for a residential site with an effective lot area in excess of 80,000 square feet, the Planning Commission may require that any portion of such site in excess of 80,000 square feet shall remain in its natural state as an undeveloped, private open space area with no grading, tree or foliage removal, or structures or other development. This area shall be precluded from any further residential development by a scenic easement, deed of development rights, or other appropriate method.

(Ord. 1182 § 9, April 2, 2002)

No work shall be started or authorized (including any demolition work, whether or not a building permit is required) on any matter which is subject to design review until a design review application is approved and

any appeal periods have expired, unless written approval for the work is given by the Director of Planning and Building or his/her authorized representative.

(Ord. 1043 § 2, September 3, 1985; Ord. 1182 § 9, April 2, 2002)

If the application involves a new building or addition to an existing building on a property located in a PA,

OA, CR, CN, CG, or CF zoning district; involves the construction of a new residential unit or units; or, in the opinion of the Director of Planning and Building, raises significant planning or design issues; the Planning Commission shall act on the design review application. The Zoning Administrator shall act on all other projects subject to design review under this chapter.

(Ord. 1123 § 11, August 2, 1993)

The Planning Commission or Zoning Administrator shall hold a public hearing on each application for design review.

(Ord. 1123 § 12, August 2, 1993; Ord. 1182 § 9, April 2, 2002)

Notice of the public hearing shall be given as specified in Section 20.60.200.

An application for design review may be approved, approved with modifications, conditionally approved or disapproved. Guarantees/sureties or other evidence of compliance may be required in connection with, or as a condition of approval of a design review application.

The Director of Planning and Building or his or her authorized representative shall review construction drawings, final plans and other similar documents for compliance with the approved design review application, any conditions attached thereto or any approved or required modifications thereof shall be reflected on the plans prior to issuance of a building permit.

Failure to comply in any respect with the conditions of an approved design review application or

construction management plan shall constitute grounds for the immediate stoppage of the work involved in the non-compliance until the matter is resolved.

(Ord. 1332 § 1, December 6, 2021)

Any decision by the Planning Commission or Zoning Administrator taken on a matter subject to the provisions of this chapter may be appealed as specified in Chapter 20.100.

(Ord. 1123 § 13, August 2, 1993)

Approval of a design review application shall expire one year from the effective date of approval unless a different expiration date is stipulated at the time of approval. Prior to the expiration of a design review approval, the applicant may apply to the Director of Planning and Building for an extension of one year from the date of expiration. Not more than two one-year extensions may be granted. The Director of Planning and Building may make minor modifications of the approved design at the time of extension if he or she finds that there has been a substantial change in the factual circumstances surrounding the originally approved design.

If buildings or other permits are issued during the effective life of a design review approval, the expiration date of the design review approval shall be automatically extended to concur with the expiration date of the other permit.

(Ord. 1043 § 2, September 3, 1985)

Chapter 20.67 TREES ON PRIVATELY OWNED PROPERTY (§ 20.67.010 – § 20.67.250)

Within the City of Mill Valley there are certain redwood, oak, madrone, and other trees which have special community value and contribute greatly to the character and scenic beauty of the City. The uncontrolled removal or destruction of these trees threatens to adversely affect scenic beauty, destroy wildlife habitat, reduce privacy, and increase the risk of erosion, mudslides and flooding. It is in the interest of the community health, safety and general welfare to protect and preserve heritage trees by regulating their removal and, where appropriate, encouraging their replacement.

(Ord. 1291 § 3, May 1, 2017)

Whenever the following words and phrases appear in this chapter, they shall have the meanings set forth below:

"City Arborist"

shall mean the person employed by the City as the City Arborist or a Certified Arborists serving as a consultant to the City and responsible for making recommendations in the care, planting, pruning, trimming, and removal of trees.

"Heritage Tree"

shall include trees of the species tanbark oak (Lithocarpus densiflorus), oak (Quercus Supp.), madrone (Arbutus mensiesii), and coast redwood (Sequoia sempervirens) which meet the following criteria:

Tanbark oak: 65-inch circumference (approximately 20-inch diameter).

Oak: 75-inch circumference (approximately 24-inch diameter).

Madrone: 75-inch circumference (approximately 24-inch diameter).

Coast redwood: 95-inch circumference (approximately 30-inch diameter).

All measurements are to be made at "diameter at breast high" (4-1/2 feet above the ground).

"Heritage Tree" shall also include any other tree which is so designated by resolution of the City Council following a noticed public hearing, because of its unusual size, age or other specific significance to the community.

"Protected Tree"

shall mean any tree for which a tree removal permit is required by this chapter or a tree that is required to be preserved as part of a development review approval.

"Qualifed Tree Care Professional"

shall mean an arborist, tree worker, or other tree care professional or company who has signed an affidavit attesting to their understanding and adherence to the City's Tree Ordinance requirements.

"Replacement Value"

shall be the appraised value established by the City Arborist using methods established in the most recent edition of the "Guide to Plant Appraisal" by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture and the current edition of the Western Chapter of the International Society of Arboriculture's Species Classification and Group Assignment.

"Severe Trimming"

shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduces the overall size of the tree area, destroys the existing symmetrical appearance or natural shape of the tree, or results in the removal of main lateral branches and leaves the trunk of the tree in a stub appearance.

"Topping"

means the indiscriminate cutting of tree branches to stubs or lateral branches that are not large enough to assume the terminal role.

"Tree Removal" or "Removal"

shall include any one or more of the following:

1.

Complete removal of a tree.

2.

Any action foreseeably leading to the death of a tree or permanent damage to its health, including severe trimming or topping of trees.

3.

Removal of more than one-third of the foliage of a tree in any 12-month period.

"Tree Report" or "Arborist Report"

means a report prepared by a certified arborist selected and retained by the City but whose fees are paid for by the applicant for a tree removal permit.

"Trimming"

means removal of less than one-third of a tree's foliage in any one year in a way that will not foreseeably cause the tree's death or permanent damage to its health.

(Ord. 1291 § 3, May 1, 2017)

No person may cause the removal of a heritage tree or protected tree on privately owned property without first obtaining a tree removal permit from the City.

(Ord. 1291 § 3, May 1, 2017)

Applications for tree removal permits shall be submitted to the Zoning Administrator. All applications shall indicate the location, species and circumference of all affected heritage trees and protected trees and reasons for removal. Applications for tree removal permits in conjunction with construction or grading activity shall provide a site plan if deemed necessary by the Zoning Administrator. All such site plans shall indicate the location, species, and circumference of all trees located within 30 feet of proposed

construction activity, including, but not limited to, all heritage trees and protected trees which are proposed for removal. If the reason for tree removal is: (a) to protect the public health or safety due to a tree's death or disease; or (b) to enhance the health of the subject tree or adjacent trees, the application shall be accompanied by a supporting tree report prepared by a certified arborist. Applications must be accompanied by a fee in an amount fixed by resolution of the City Council.

(Ord. 1291 § 3, May 1, 2017)

The Zoning Administrator shall conduct a public hearing before issuing any tree removal permit for a heritage tree. Notice of the public hearing shall be given in the manner specified in Section 20.60.200 of this Code. In addition, copies of the public hearing notice shall be prominently displayed on all trees proposed for removal.

(Ord. 1291 § 3, May 1, 2017)

The Director of Planning and Building may approve an application for a tree removal permit for multiple non-heritage trees on developed or vacant lots. Notice of the Director's decision to approve a tree removal permit shall be mailed to property owners within 300 feet of the property 10 days prior to the effective date of the decision. In addition, copies of the public hearing notice shall be prominently displayed on all trees proposed for removal.

(Ord. 1291 § 3, May 1, 2017)

When a tree removal permit will be required as part of a project for which the Zoning Ordinance requires approval by the Zoning Administrator or Planning Commission, (such as a negative declaration, design review, use permit or variance), the application for the tree removal permit shall be submitted and reviewed at the same time as the related development permit applications.

A development permit application shall be denied if submitted within 24 months of illegal tree removal activities, or within 24 months of an approved tree removal permit on a site where the tree removal was approved without consideration of the development permit application, unless one of the following conditions applies:

A.

The approved tree removal permit and the project for which a development permit application is required are unrelated, such that any approval or permit for the project would not have required removal of the tree(s) that was the subject of the tree removal permit;

B.

The approved tree removal permit was an emergency tree removal permit issued pursuant to Section 20.67.080; or

C.

Approval of the requested development permit application is necessary to the health or safety of those occupying existing improvements on the site.

Approvals and permits subject to this section shall include, but not be limited to, conditional use permits, variances, and building or demolition permits.

(Ord. 1291 § 3, May 1, 2017)

No tree over 12-1/2 inch circumference (approximately four-inch diameter), measured at a point 4-1/2 feet above the ground, shall be cut or otherwise damaged or destroyed on any vacant parcel without an approved tree removal permit.

(Ord. 1291 § 3, May 1, 2017)

Unless requested in writing by the City for vegetative management purposes, a tree removal permit shall be required to cut or otherwise damage or destroy four or more trees over 19-inch circumference (approximately six-inch diameter), measured at a point 4-1/2 feet above the ground, on any developed parcel in any 12-month period.

(Ord. 1291 § 3, May 1, 2017)

If a heritage tree poses an immediate threat to the safety of persons or property, the Director of Building and Planning may issue an emergency tree removal permit and waive the requirements of Section 20.67.050 or 20.67.055. Supervisory personnel for the City of Mill Valley, Pacific Gas and Electric, Pacific Bell, and the Marin Municipal Water District may conduct emergency tree removal without a tree removal permit. The removal of a heritage tree under emergency conditions by such supervisory personnel shall be reported to the Mill Valley Planning Department on the first business day following the emergency tree removal. If granted, the tree shall be removed within seven days, after which time the emergency tree removal approval shall be rescinded.

(Ord. 1291 § 3, May 1, 2017)

A permit may be granted upon a finding that the tree removal is necessary to accomplish any one or more of the following objectives:

A.

To protect the public health and safety by reducing or eliminating fire danger and other potential hazards to persons or property.

B.

To prevent obstruction or interference with public utility facilities, sanitary sewer facilities, storm drains, or water supply facilities, or watercourses.

C.

To ensure reasonable preservation of views and sunlight.

D.

To enhance the health of the subject tree or adjacent trees.

E.

To allow the owner to reasonably develop and use the subject property.

Prior to making a determination on a tree removal permit, the City may require a tree report.

(Ord. 1291 § 3, May 1, 2017)

Notwithstanding the findings set forth in Section 20.67.090, a tree removal permit may be denied if any one or more of the following findings is made:

A.

Removal of a healthy heritage tree or multiple trees could be avoided by reasonable alternatives such as trimming, pruning, thinning, or other reasonable treatment.

B.

Revisions to a proposed project would allow an owner to reasonably develop and use the subject property without requiring removal of a healthy heritage tree or multiple trees.

C.

Adequate provisions for drainage, erosion control, land stability, avoiding adverse visual impacts and windscreening have not been made in situations where problems are anticipated as a result of tree removal. (Ord. 1291 § 3, May 1, 2017)

Reasonable conditions of approval may be attached to any tree removal permit, as deemed necessary to accomplish the purposes of this chapter. These conditions shall include, but not be limited to, the following replanting requirements:

A.

Non-heritage trees approved for removal and associated with a development permit shall have a minimum replanting ratio of 1:1.

B.

Heritage trees shall be replaced based on the following formula: For each six inches or fraction thereof of the diameter of the removed tree, three trees of the same genus and species (or another native species, if approved by the review body), shall be planted on the project site.

(Ord. 1291 § 3, May 1, 2017)

All replacement trees required by this chapter shall be subject to the following provisions:

A.

Replacement trees must be planted on the project site, unless the Director of Planning and Building determines that it is not feasible in relation to good forestry practices.

B.

All replacement trees shall be of a species native to Marin County, and shall be determined by the Director of Planning and Building or the review body, with input from city staff and any project arborist.

C.

Replacement trees shall be a minimum of 24-inch box size.

D.

All replacement trees shall be installed according to acceptable nursery practices in a manner designed to encourage vigorous and healthy growth. Soil improvement measures may be required. Before planting, a tree's growth characteristics shall be considered to minimize conflicts with views, lighting, infrastructure, utilities, or signage.

E.

If replacement trees are to be planted off-site, the City may accept an in-lieu payment of $300.00 per 24inch box replacement tree, or the actual cost to purchase and install the required tree, whichever is greater. All such payments shall be used for tree-related educational projects and/or planting programs of the City.

F.

Replacement trees must be planted within 60 days of tree removal or before final inspection, pursuant to a valid building permit unless authorized by the Director of Planning and Building due to seasonal planting requirements consistent with good forestry practices.

G.

Trees required to be kept on a building site and trees required to be planted as a condition of tree removal permit approval shall be maintained according to accepted arboricultural practices for a minimum of five years from the completion of construction or the date that the tree is planted. At no time shall these trees be moved without the issuance of a valid tree removal permit.

(Ord. 1291 § 3, May 1, 2017)

Any person aggrieved by any determination, interpretation, decision, conclusion, decree, judgment or

similar action taken regarding the approval or denial of a tree removal permit may appeal such action to the Planning Commission in the manner specified in Chapter 20.100 of this title.

(Ord. 1291 § 3, May 1, 2017; Ord. 1332 § 1, December 6, 2021)

Violations of this chapter are hereby declared to constitute a public nuisance subject to the provisions of Chapter 8.04 and shall be punishable as misdemeanors or infractions at the discretion of the City's designated code enforcement official following consideration of the severity of the violation. Continuing violations shall constitute a separate offense for every day the violation occurs or continues. Any individual who personally, or through an agent, employee, or representative, commits a violation under this chapter shall be subject to the following fines:

A.

The fines for tree damage or removal of any protected tree shall be as follows:

For the first violation:

a.

A minimum of $1,000.00 for non-heritage tree removals, or the replacement value of the tree, whichever is greater.

b.

A minimum of $5,000.00 for heritage tree removals, or the replacement value of the tree, whichever is greater.

2.

Each tree damaged or destroyed shall be considered a separate offense. If multiple trees are damaged or destroyed in the same incident, the fines above shall be levied for each tree.

3.

For each additional violation an individual commits within a 24-month period, regardless of the location of the violation, the fines shall be double those specified in subsection (A)(1) above.

4.

In the event that the condition of an illegally removed tree cannot be determined after its removal, the condition of the tree shall be assumed to be in excellent condition for the purposes of establishing the replacement value.

5.

When required, the replacement value of a tree shall be established by the City Arborist in accordance with the most recent published edition of the "Guide for Plant Appraisal" by the Council of Tree and Landscape. 6.

The City's Planning Department shall maintain a list of qualified tree care professionals who have signed affidavits attesting to their understanding and adherence to the City's tree ordinance requirements. If a property owner contracts for tree work with a qualified tree care professional appearing on the list, any fines for a violation of this chapter shall be assessed to the qualified tree care professional, and the qualified tree care professional shall be removed from such list. If a property owner conducts the tree work or contracts for tree work with any party not on the Planning Department's list of qualified tree care professionals, any and all violation fines shall be assessed to the property owner.

B.

In addition to assessment of fines, each tree removal shall be subject to replacement as follows:

Non-heritage trees shall be replaced at a ratio of 3:1 for each tree removed.

Heritage trees shall be replaced based on the following formula:

For each six inches or fraction thereof of the diameter of a tree which was not approved for removal, three trees of the same genus and species as the removed tree (or another native species, if approved by the Director), each of a minimum 24-inch box size, shall be planted on the project site, provided however, that an increased number of smaller size trees of the same genus and species may be planted if approved by the Director, or a fewer number of such trees of a larger size if approved by the Director.

Replacement trees shall be subject to the provisions of Section 20.67.150.

C.

In addition to the above mitigations, violators shall be liable for all costs associated with taking corrective action deemed reasonably necessary as the result of a violation of this chapter, including the planting of replacement trees, erosion control and slope stabilization. At the City's option, any necessary corrective action may be undertaken pursuant to the nuisance abatement procedures set forth in Chapters 8.04 and 20.66 of this Code. In addition, the City may pursue any other available legal or equitable remedies. (Ord. 1291 § 3, May 1, 2017)

Chapter 20.68 ENFORCEMENT, PENALTIES AND LEGAL PROCEDURE (§ 20.68.010 – § 20.68.060)

All departments, officials, and public employees of the City of Mill Valley, vested with the duty of authority to issue permits or licenses, shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title. It shall be the duty of the Building/Zoning Code Inspector of the City to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. Any permit or license issued contrary to any of the provisions of this title shall be void.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title, is unlawful and a public nuisance. The City Attorney of the City shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain, and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building contrary to the provisions of this title.

removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain, and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building contrary to the provisions of this title.

The cost of abatement of any nuisance referred to in this section, including attorney's fees and court costs incurred in any litigation for the enforcement of the provisions of this Title 20, shall constitute a personal obligation of the property owner and the City Council may assess the cost of such abatement as a special assessment against the property. Prior to making such assessment, the City Council shall give notice in writing to the owner of the property at his or her address shown on the last equalized assessment roll of the time when the Council will meet to consider making such assessment. The notice shall be mailed, postage prepaid, at least seven days prior to the date of said hearing. Any such special assessment shall be certified by the City Council to the Tax Collector of the County of Marin and shall be collected at the same

time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 457 § 17.3; Ord. 660; Ord. 970, October 6, 1980)

Any court action or proceeding to attack, review, set aside, void or annul any decision on matters listed in this Title 20, including, but not limited to, rezoning or reclassification of property, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced within 30 days after the effective date of such decision. Thereafter, all persons are barred from any such action or proceeding, or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations. The provisions of this section shall apply to matters referred to in Section 65907 of the California Government Code and to all other matters listed in this Title 20. Provided, however, that should any court of competent jurisdiction hold that this section is invalid in its application to matters referred to in Section 65907 of the California Government Code, then such invalidity shall not affect the application of the provisions of this section to all other matters listed in this Title 20 and, to this end, the application of this section to matters other than those listed in Section 65907 of the California Government Code is declared to be severable. The City Council of the City of Mill Valley declares that it would have adopted this section and made the same applicable to matters other than those listed in Section 65907 of the California Government Code irrespective of any holding that this section cannot legally be applied to matters referred to in Section 65907 of the California Government Code.

(Ord. 929 § 1, August 21, 1978)

Compliance with the terms and conditions of any permit, approval, or plan issued pursuant to this title or with any other ordinance relating to land use development or use permits is required for any owner, lessee, licensee, agent, contractor, or employee, regardless of whether the applicant is the original applicant. It is presumed that a contractor, laborer, or employee working for the original applicant knew of said terms and conditions. There shall be a rebuttable presumption that the contractor, laborer, or employee working for

the person who was the original applicant for the permit knew of the terms and conditions of any permit, approval, or plan.

(Ord. 1332 § 1, December 6, 2021)

In addition to any other remedy provided for by law, the following types of enforcement action may be taken with respect to any violation of this title or the terms and conditions of any permit or approval: A.

The Code Enforcement Officer, Planning and Building Director or the Planning and Building Director's designated appointee(s) may revoke any permit, approval or plan pursuant to Municipal Code Section 20.64.140;

B.

The code enforcement officer may issue administrative citations pursuant to Municipal Code Section 8.02.200;

C.

The Code Enforcement Officer, Planning and Building Director, Director of Public Works, City Attorney or any other city official designated by the City Manager may institute nuisance abatement proceedings and/or enforcement remedies pursuant to Municipal Code Chapters 8.04 and 8.02;

D.

The City Attorney or district attorney may prosecute a violation as an infraction or misdemeanor pursuant to Municipal Code Section 8.03.010.

(Ord. 1332 § 1, December 6, 2021)

Chapter 20.70 RESIDENTIAL BUILDING RECORD (§ 20.70.010 – § 20.70.070)

"Residential building," as used in this chapter, means a building containing one or more "dwelling units" as the term "dwelling unit" is defined in Chapter 20.80 of this code.

(Ord. 1182 § 10, April 2, 2002)

Prior to the sale or exchange of any residential building in the City of Mill Valley, the owner or his or her authorized agent shall obtain from the City a report of the residential building record showing the regularly authorized use, occupancy and zoning classifications of such property.

(Ord. 789 § 1, March 5, 1973)

A report of residential building record shall be issued by the City upon application by the owner or his or her authorized agent and upon payment to the City of a fee to be established by resolution of the City Council. (Ord. 789 § 1, March 5, 1973)

The report of residential building record shall be delivered by the owner or the authorized agent of the owner to the buyer or transferee of the residential building prior to the consummation of the sale or exchange.

(Ord. 789 § 1, March 5, 1973)

No statements contained in a report of residential building record issued by the City of Mill Valley shall authorize the use or occupancy of any residential building contrary to the provisions of any law or ordinance.

Every report issued hereunder shall contain a provision stating that the issuance of such report shall not constitute a representation by the City of Mill Valley that the property or its present use is or is not in compliance with the law, and that the report does not constitute a full disclosure of all material facts affecting the property or the desirability of its sale.

(Ord. 789 § 1, March 5, 1973)

The provisions of this chapter shall not apply to the following transactions:

A.

The first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale; B.

A reconveyance by a trustee pursuant to the provisions of a deed of trust;

C.

A transfer of property made without valuable consideration;

D.

A transfer of property made between co-owners.

(Ord. 789 § 1, March 5, 1973)

Except as provided herein, it is unlawful for the owner of a residential building in the City of Mill Valley to sell or exchange the same without first having obtained and delivered to the buyer a report of residential

building record.

(Ord. 789 § 1, March 5, 1973; Ord. 1261 § 8, November 4, 2013)

Chapter 20.73 WIRELESS TELECOMMUNICATIONS FACILITIES (§ 20.73.010 – § 20.73.240)

A.

The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the City of Mill Valley. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary to: (1) preserve and promote harmonious land uses and the public right-of-way in the

City; (2) promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the City consistent with the goals, objectives and policies of the General Plan; (3) provide for the orderly, managed, and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules, and regulations; and (4) encourage new and more efficient technology in the provision of wireless telecommunications facilities.

B.

This chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or state law; or (6) otherwise authorize the City to preempt any applicable federal or state law.

(Ord. 1304 § 1, September 6, 2018)

For the purposes of this chapter, the following defined terms shall have the meaning set forth in this section unless the context clearly indicates or requires a different meaning.

"Accessory equipment"

means any equipment associated with the installation of a wireless telecommunications facility, including, but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

"Antenna"

means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such devices include, but are not limited to, directional antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strand-mounted wireless access points. This

definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

"Base station"

means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. Section

1.40001(b)(1)(i) and (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. Section 1.40001(b)(1)(i) and (ii).

"Building-mounted"

means mounted to the side or façade, but not the roof, of a building or another structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure.

"Cellular"

means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

"Collocation"

means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless telecommunication facility installed at a single site.

"Eligible facilities request"

means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.

"Eligible support structure"

means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which defines that term as any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section.

"Existing"

means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under

another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"FCC"

means the Federal Communications Commission or its duly appointed successor agency. "Modifcation"

means any change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation.

"Monopole"

means a structure consisting of a single pole used to support antennas or related equipment and includes a monopine, monoredwood, and similar monopoles camouflaged to resemble trees or other objects. "Personal wireless services"

means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

"Personal wireless service facilities"

means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.

"Zoning Administrator"

means the City Zoning Administrator or the City Zoning Administrator's designee. "Pole"

means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of the Mill Valley Municipal Code.

"Public right-of-way or "right-of-way"

means any public street, public way, public alley or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the City. "Reviewing authority"

means the person or body who has the authority to review and either grant or deny a wireless telecommunications facility permit pursuant to this chapter. "RF"

means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.

"Roof-mounted"

means mounted directly on the roof of any building or structure, above the eave line of such building or structure.

"Section 6409(a)"

means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as such law may be amended from time to time. "Section 6409(a) approval"

means the approval required by Section 6409(a).

"Site"

means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Substantial change"

means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.

a.

For towers outside the public rights-of-way, a substantial change occurs when:

i.

The proposed collocation or modification increases the overall height more than 10% or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or

ii.

The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or iii.

The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or iv.

The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

b.

For towers in the public rights-of-way and for all base stations, a substantial change occurs when: i.

The proposed collocation or modification increases the overall height more than 10% or 10 feet (whichever is greater); or

ii.

The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or

iii.

The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or iv.

The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10% larger in height or volume than any existing ground-mounted equipment cabinets; or

v.

The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

c.

In addition, for all towers and base stations wherever located, a substantial change occurs when:

i.

The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the Zoning Administrator; or

ii.

The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.

The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a).

"Telecommunications tower" or "tower"

means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas.

"Transmission equipment"

means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Utility pole"

means a pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

"Wireless services"

means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

"Wireless telecommunications facility"

means any facility constructed, installed, or operated for wireless service. "Wireless telecommunications facility" includes, but is not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. "Wireless telecommunications facility" does not mean any of the following:

a.

A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission's Rules, or its successor regulation.

b.

An antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. Section 1.4000, or any successor regulation, including, but not limited to, direct-to-home satellite dishes that are

less than one meter in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas.

c.

Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the Zoning Administrator.

d.

Telecommunications facilities owned and operated by any government agency.

e.

Telecommunications facilities owned and operated by any emergency medical care provider.

f.

Mobile services providing public information coverage of news events of a temporary nature.

g.

Any wireless telecommunications facilities exempted from the Mill Valley Municipal Code by federal law or state law.

(Ord. 1304 § 1, September 6, 2018)

A.

This chapter applies to all wireless telecommunications facilities as follows:

1.

All facilities for which applications were not approved prior to the effective date of the ordinance codified in this chapter shall be subject to and comply with all provisions of this chapter;

2.

All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance, cessation of use and abandonment, removal and restoration of wireless telecommunications facilities and wireless telecommunications collocation facilities and the prohibition of dangerous conditions or obstructions by such facilities; provided, however, that in the event a condition of approval conflicts with a provision of this chapter, the condition of approval shall control unless and until the permit is amended or revoked.

B.

Title 20, including, but not limited to, this chapter shall not apply to a wireless telecommunications facility on property owned by the City.

C.

Notwithstanding any provision of the Mill Valley Municipal Code to the contrary, provisions governing the installation of a public utility facility or accessory equipment shall not apply to wireless telecommunications facilities. This chapter shall govern all applications for wireless telecommunications facilities. (Ord. 1304 § 1, September 6, 2018)

A.

Permit Required. No wireless telecommunications facility shall be located or modified within the City on any property, including the public right-of-way, without the issuance of a permit as required by this chapter as set forth in the table below. Such permit shall be in addition to any other permit required pursuant to the Mill Valley Municipal Code.

• 2 See requirements of Section 20.73.150.

• 3 For any public right-of-way not within a zoning district, the location of a wireless telecommunication facility shall be determined based upon the closest district adjacent to the facility's location.

B.

Non-exclusive Grant. No approval granted under this chapter shall confer any exclusive right, privilege,

license, or franchise to occupy or use the public right-of-way of the City for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title. (Ord. 1304 § 1, September 6, 2018)

A.

Application Content. All applications for a permit required by this chapter must be made in writing on such form as the Zoning Administrator prescribes, which shall include the following information, in addition to all other information determined necessary by the Zoning Administrator as well as all other information required by the City as part of an application for a conditional use permit:

Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.

2.

The type of facility, including a full written description of the proposed facility, its purpose and specifications.

A detailed site and engineering plan of the proposed facility containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by the Zoning Administrator.

4.

Photographs of facility equipment and an accurate visual impact analysis with photo simulations.

5.

Completion of an RF exposure guidelines checklist, and proof of all applicable licenses or other approvals required by the FCC.

6.

If the application is for a facility that will be located within the public right-of-way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the right-of-way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.

7.

A written description identifying the geographic service area for the subject installation, accompanied by a plan and maps showing anticipated future installations and modifications for the following two years.

8.

A written report that analyzes acoustic levels for the proposed wireless telecommunications facility and all associated equipment including, without limitation, all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with Chapter 7.16 (Noise Control). The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.

9.

If the applicant claims it requires an exception to the requirements of this chapter, all information and studies necessary for the City to evaluate that claim.

10.

An application and processing fee and a deposit for a consultant review as set forth in subsection B of this section.

11.

Any other studies or information determined necessary by the Zoning Administrator may be required. B.

Independent Expert.

1.

The Zoning Administrator is authorized to retain on behalf of the City an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility to review the technical aspects of the application, including, but not limited to, the following matters:

a.

The accuracy, adequacy, and completeness of submissions; b.

Compliance with applicable radio frequency emission standards;

c.

Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

d.

Technical demonstration of the unavailability of alternative sites, facility designs or configurations, and coverage analysis; and

e.

The validity of conclusions reached or claims made by applicant.

2.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution.

(Ord. 1304 § 1, September 6, 2018)

A.

Purpose. The purpose of this section is to provide guidelines to applicants and the reviewing authority regarding the preferred locations and configurations for wireless telecommunication facilities in the City, provided that nothing in this section shall be construed to permit a wireless telecommunication facility in any location or configuration that it is otherwise prohibited by this chapter.

B.

Review of Location and Configuration. The reviewing authority shall consider the extent to which a proposed wireless telecommunication facility complies with these preferences and whether there are feasible alternative locations or configurations to the proposed facility that are more preferred under this section. If the location or configuration of a proposed facility qualifies for two or more categories of preferred locations or configurations, it shall be deemed to belong to the least preferred category. C.

Order of Preference—Configurations. The order of preference for the configuration for wireless telecommunication facilities from most preferred to least preferred is:

1.

Collocation with existing facilities;

2.

Roof-mounted;

3.

Building-mounted;

4.

Mounted on an existing pole or utility pole;

5.

Mounted on a new pole or utility pole that will replace an existing pole or utility pole;

6.

Mounted on a new telecommunication tower.

D.

Order of Preference—Location. The order of preference for the location of wireless telecommunications facilities from most preferred to least preferred is:

1.

In the C-G zoning district;

2.

In the C-N zoning district;

In the C-L zoning district;

4.

In the C-D zoning district;

5.

In the public right-of-way with the closest adjacent district being the C-G district;

6.

In the public right-of-way with the closest adjacent district being the C-N district;

7.

In the public right-of-way with the closest adjacent district being the C-L district;

8.

In the public right-of-way with the closest adjacent district being the C-D district;

9.

Any public right-of-way location that abuts the property line of a structure recognized as a local, state or national historic landmark, historic district or on the register of historic places.

E.

Accessory Equipment. In order of preference from most preferred to least preferred, accessory equipment for wireless telecommunication facilities and wireless telecommunications collocation facilities shall be located underground, within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the reviewing authority finds that another location is preferable under the circumstances of the application.

(Ord. 1304 § 1, September 6, 2018)

A.

Basic Requirements. The design and development standards set forth in this section apply to all wireless telecommunications facilities no matter where they are located. Wireless telecommunications facilities shall be designed and maintained so as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the design and development standards in this section.

B.

No Speculative Facilities. A wireless telecommunications facility, wireless telecommunications collocation facility, or a telecommunications tower, which is built on speculation and for which there is no wireless tenant is prohibited within the City.

C.

General Guidelines. The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually inconspicuous as possible, to prevent the facility from dominating the surrounding area and to hide the facility from predominant views from surrounding properties, all in a manner that achieves compatibility with the community.

D.

Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

E.

Antennas. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent reasonably feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or

carriers. Antennas shall be situated as to reduce visual impact without compromising their function. Whip antennas need not be screened.

F.

Landscaping. Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated, and maintained where such vegetation is deemed necessary by the City to provide screening or to block the line of sight between facilities and adjacent uses.

G.

Signage. Wireless telecommunications facilities and wireless telecommunications collocation facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

H.

Lighting. No wireless telecommunications facility may be illuminated unless either specifically required by the Federal Aviation Administration or other government agency or in association with the illumination of an athletic field on City or school property. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as telecommunications towers, lattice towers, and monopoles.

I.

Noise.

1.

Each wireless telecommunications facility and wireless telecommunications collocation facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

2.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 5:00 p.m. and 7:00 a.m.

3.

At no time shall equipment noise from any facility exceed an exterior noise level of 50 dBA at the facility's property line if the facility is located in a business or commercial zone that permits those uses, provided, however, that for any such facility located within 500 feet of any property zoned residential or improved with a residential use, such equipment noise shall at no time be audible at the property line of any such residential property. For any facility located within a residential zone, such equipment noise shall at no time be audible at the property line of any residentially improved or residential zoned property.

4.

Any equipment, including, but not limited to, air conditioning units, that may emit noise that would be audible from beyond three feet from the facility in the case of a facility located in the right-of-way, or in the case of other facilities the facility's property line, shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under the Mill Valley Municipal Code.

J.

Security. Each wireless telecommunications facility and wireless telecommunications collocation facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The reviewing authority may require the provision of warning signs, fencing, anticlimbing

devices, or other techniques to prevent unauthorized access and vandalism when, because of their location or accessibility, a facility has the potential to become an attractive nuisance.

K.

Modification. At the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

(Ord. 1304 § 1, September 6, 2018)

A.

Basic Requirements. Facilities located outside the public right-of-way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.

B.

No Parking Interference. In no event shall the installation of facilities replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required. C.

Roof-Mounted Facilities. Roof-mounted facilities shall be designed and constructed to be fully concealed or screened in a manner compatible with the existing architecture of the building the facility is mounted to in color, texture, and type of material. Screening shall not increase the bulk of the structure nor alter the character of the structure.

D.

Facilities Mounted to a Telecommunications Tower. Facilities mounted to a telecommunications tower shall be located in close proximity to existing above-ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.

1.

Facilities mounted to a telecommunications tower, including, but not limited to, the attached antennas, shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet FCC requirements. The applicant shall provide documentation satisfactory to the Zoning Administrator establishing compliance with this paragraph. In any event, facilities mounted to a telecommunications tower shall not exceed the applicable height limit for structures in the applicable zoning district.

2.

Aside from the antenna itself, no additional equipment may be visible. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the telecommunications tower and shall be camouflaged or hidden to the fullest extent feasible without jeopardizing the physical integrity of the tower.

3.

Monopole installations shall be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening. 4.

All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.

Monopoles shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.

6.

If a faux tree is proposed for the monopole installation, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

E.

Accessory Equipment. All accessory equipment associated with the operation of any wireless telecommunications facility shall be fully screened or camouflaged, and located in a manner to minimize their visibility to the greatest extent possible utilizing the following methods for the type of installation: 1.

Accessory equipment for roof-mounted facilities shall be installed inside the building to which it is mounted or underground, if feasible. If not feasible, such accessory equipment may be located on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, or surroundings. All screening materials for roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure.

2.

Accessory equipment for facilities mounted to a telecommunications tower shall be visually screened by locating the equipment either within a nearby building, in an underground vault (with the exception of required electrical panels) or in another type of enclosed structure, which shall comply with the development and design standards of the zoning district in which the accessory equipment is located. Such enclosed structure shall be architecturally treated and adequately screened from view by landscape plantings, decorative walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings. (Ord. 1304 § 1, September 6, 2018)

A.

Basic Requirements. Facilities located in the public right-of-way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.

B.

Right-of-Way Authority. An encroachment permit must be obtained for any work in the public right-of-way. Only applicants authorized to enter the public right-of-way pursuant to state or federal law or a franchise or other agreement with the City shall be eligible for a permit to install or modify a wireless telecommunications facility in the public right-of-way.

C.

Antennas.

1.

Utility Poles. The maximum height of any antenna mounted to an existing utility pole shall not exceed 24 inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 18 feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as revised.

Street Light Poles. The maximum height of any antenna mounted to a street light pole shall not exceed seven feet above the existing height of a street light pole in a location with its closest adjacent district being a commercial zoning district and shall not exceed three feet above the existing height of a street light pole in any other zoning district. Any portion of the antenna or equipment mounted on such a pole shall be no less than 18 feet above any drivable road surface.

D.

Poles.

1.

Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited, and no new poles are permitted that are not replacing an existing pole.

2.

Pole height and width limitations:

a.

All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet FCC requirements. Poles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.

b.

Notwithstanding the above, no facility shall be located on a pole that is less than 26 feet in height and no facility shall exceed 35 feet in height, including, but not limited to, the pole and any antenna that protrudes above the pole.

c.

Pole mounted equipment shall not exceed six cubic feet in dimension.

3.

If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible, unless another design better accomplishes the objectives of this section. Such replacement pole shall not exceed the height of the pole it is replacing by more than seven feet.

4.

If an exception is granted for placement of new poles in the right-of-way, new poles shall be designed to resemble existing poles in the right-of-way, including size, height, color, materials and style, with the

exception of any existing pole designs that are scheduled to be removed and not replaced, unless another design better accomplishes the objectives of this section. Such new poles that are not replacement poles shall be located no closer than 90 feet to an existing pole.

E.

Space Occupied. Facilities shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

F.

Location.

1.

Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the right-of-way, or safety hazards to pedestrians and motorists.

A facility shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.

3.

Facilities mounted to a telecommunications tower, above-ground accessory equipment, or walls, fences, landscaping or other screening methods shall be set back a minimum of 18 inches from the front of a curb. 4.

Each pole mounted wireless telecommunications facility must be separated by at least 1,500 feet. 5.

All cables, including, but not limited to, electrical and utility cables, between the pole and any accessory equipment shall be placed underground, if feasible.

6.

All new wires needed to service the wireless telecommunications facility must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole. G.

Americans with Disabilities Act Compliance. All facilities shall be built in compliance with the Americans with Disabilities Act (ADA).

H.

Accessory Equipment. With the exception of the electric meter, which shall be pole-mounted to the extent feasible, all accessory equipment shall be located underground to the extent feasible. When above-ground is the only feasible location for a particular type of accessory equipment and when such accessory equipment cannot be pole-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be screened and camouflaged to the fullest extent possible, including the use of landscaping or alternate screening. Required electrical meter cabinets shall be adequately screened and camouflaged.

I.

Documentation. The applicant shall provide documentation satisfactory to the Zoning Administrator establishing compliance with this section.

(Ord. 1304 § 1, September 6, 2018)

A.

In addition to compliance with the requirements of this chapter, upon approval all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

1.

Before the permittee submits any application for a building permit or other permits required by the Mill Valley Municipal Code, the permittee must incorporate the wireless telecommunication facility permit granted under this chapter, all conditions associated with the wireless telecommunications facility permit and the approved plans and any photo simulations (the "approved plans") into the project plans. The permittee must construct, install and operate the wireless telecommunications facility in strict compliance with the approved plans. The permittee shall submit an as built drawing within 90 days after installation of the facility.

2.

Where feasible, as new technology becomes available, the permittee shall:

a.

Place above-ground wireless telecommunications facilities below ground, including, but not limited to, accessory equipment that has been mounted to a telecommunications tower or mounted on the ground; and

b.

Replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Mill Valley Municipal Code.

3.

The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.

Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility. b.

The legal status of the owner of the wireless telecommunications facility, including official identification numbers and FCC certification.

c.

Name, address, and telephone number of the property owner if different than the permittee.

4.

The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the City reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

5.

At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

6.

At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration. The City shall retain a

consultant, at the sole expense of the permittee, to perform testing demonstrating compliance with current regulatory and operational standards. Tests shall occur upon commencement of operations and annually thereafter.

7.

If the Zoning Administrator determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed FCC standards, the Zoning Administrator may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.

Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and the Mill Valley Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations.

The amount of the performance bond shall be set by the Zoning Administrator in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval. 9.

Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the City and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers to attack, set aside, void or annul, an approval of the City, Planning Commission or City Council concerning this permit and the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel for the defense at permittee's expense.

10.

All conditions of approval shall be binding as to the applicant and all successors in interest to permittee. 11.

A condition setting forth the permit expiration date in accordance with Section 20.73.200 shall be included in the conditions of approval.

(Ord. 1304 § 1, September 6, 2018)

A.

In addition to compliance with the requirements of this chapter, upon approval all facilities in the public right-of-way shall be subject to each of the conditions of approval set forth in Section 20.73.100, each of the following conditions of approval, and any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

1.

The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the City engineer for the purpose of: (a) protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and vehicular traffic; and (c) preventing damage to the public right-of-way or any property adjacent to it. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing

procedures as are applicable to the grant of a wireless telecommunications facility permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

2.

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a wireless telecommunications facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City's structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City's satisfaction that the permittee has the legal

right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant's facilities.

3.

The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

4.

The permittee shall repair, at its sole cost and expense, any damage including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a wireless

telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the Zoning Administrator, the Zoning Administrator shall cause such repair to be completed at permittee's sole cost and expense.

5.

Prior to issuance of a building permit, the applicant shall obtain the Zoning Administrator's approval of a tree protection plan prepared by a certified arborist if the installation of the wireless telecommunication facility will be located within the canopy of a street tree, or a protected tree on private property, or within a 10-foot radius of the base of such a tree. Depending on site specific criteria (e.g., location of tree, size, and type of tree, etc.), a radius greater than 10 feet may be required by the Zoning Administrator.

6.

Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within 30 days of such service being offered and reasonably restore the area to its prior condition.

7.

The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to the City, if and when made necessary by:

a.

Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the City or any other public agency;

b.

Any abandonment of any street, sidewalk, or other public facility;

c.

Any change of grade, alignment or width of any street, sidewalk or other public facility; or

d.

A determination by the Zoning Administrator that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way. 8.

Any modification, removal, or relocation of the facility shall be completed within 90 days of written notification by the City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a permit amendment pursuant to the Mill Valley Municipal Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to

the original location as the standards set forth in the Mill Valley Municipal Code allow. In the event the facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances as provided in the Mill Valley Municipal Code, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter. (Ord. 1304 § 1, September 6, 2018)

A.

Where a wireless telecommunication facility requires a conditional use permit under this chapter, the reviewing authority shall not approve any application unless, in addition to the findings generally applicable to all conditional use permits, all of the following additional findings are made:

1.

The proposed facility complies with all applicable provisions of this chapter.

2.

The proposed facility has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible.

3.

The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility.

4.

Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this chapter.

B.

In addition to the findings in subsection A of this section, approval of a wireless telecommunications facility permit for a facility that will be located in the public right-of-way may be granted only if the following findings are made by the reviewing authority:

1.

The applicant has provided substantial written evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise or other agreement with the City permitting them to use the public right-of-way.

2.

The applicant has demonstrated that the facility will not interfere with the use of the public right-of-way, existing subterranean infrastructure, or the City's plans for modification or use of such location and infrastructure.

(Ord. 1304 § 1, September 6, 2018)

A.

Exceptions pertaining to any provision of this chapter, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the reviewing authority if the reviewing authority makes the finding that:

1.

Denial of the facility as proposed would violate federal law, state law, or both; or

2.

A provision of this chapter, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both.

B.

An applicant may only request an exception at the time of applying for a wireless telecommunications facility permit. The request must include both the specific provision(s) of this chapter from which the exception is sought and the basis of the request. Any request for an exception after the City has deemed an application complete shall be treated as a new application.

C.

Notwithstanding any other provision of this chapter, a conditional use permit shall be required for a facility when an exception is requested.

D.

The applicant shall have the burden of proving that denial of the facility as proposed would violate federal law, state law, or both, or that the provisions of this chapter, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both, using the evidentiary standards required by that law at issue. The City shall have the right to hire an independent consultant, at the applicant's expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant's claim.

(Ord. 1304 § 1, September 6, 2018)

A.

Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), generally requires that state and local governments "may not deny, and shall approve" requests to collocate, remove or replace transmission equipment at an existing tower or base station. Federal Communication Commission regulations interpret this statute and create procedural rules for local review, which generally preempt certain subjective land-use regulations, limit permit application content requirements and provide the applicant with a potential "deemed granted" remedy when the state or local government fails to approve or deny the request within 60 days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. Section 332, applies to only "personal wireless service facilities" (e.g., cellular telephone towers and equipment), Section 6409(a) applies to all "wireless" facilities licensed or authorized by the FCC (e.g., cellular, Wi-Fi, satellite, microwave backhaul, etc.).

The overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. A separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section

devoted to Section 6409(a) will mitigate such potential confusion, streamline local review and preserve the City's land-use authority to the maximum extent possible.

B.

Applicability. This section applies to all collocations or modifications to an existing wireless tower or base station submitted with a written request for approval pursuant to Section 6409(a). C.

Approval Required. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted with a written request for a Section 6409(a) approval shall be subject to the Zoning Administrator's approval, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this chapter.

D.

Other Regulatory Approvals. No collocation or modification approved under any Section 6409(a) approval may occur unless the applicant also obtains all other applicable permits or regulatory approvals from the

City and state or federal agencies. Furthermore, any Section 6409(a) approval granted under this chapter shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the City and state or federal agencies.

E.

Application Requirement. The City shall not approve any wireless facility subject to this chapter except upon a duly filed application consistent with this section and any other written rules the City or the Zoning Administrator may establish from time to time. An application must include the information required by Section 20.73.050 and the following additional information:

1.

A title report prepared within the six months prior to the application filing date in order for the City verify the property owner's identity. If the applicant does not own the subject property, the application must include a written authorization signed by the property owner that empowers the applicant to file the application and perform all wireless facility construction, installation, operation and maintenance to the extent described in the application.

2.

A written statement that explains in plain factual detail whether and why Section 6409(a) and the related FCC regulations at 47 C.F.R. Section 1.40001 et seq., require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met. Bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement the applicant must also include: (a) whether and why the support structure qualifies as an existing tower or existing base station; and (b) whether and why the proposed collocation or modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance.

F.

Procedures for a Duly Filed Application. The City shall not review any application unless duly filed in accordance with this section, as follows:

1.

Pre-Submittal Conference. Before application submittal, applicants must schedule and attend a preapplication meeting with the Zoning Administrator for all proposed modifications submitted for approval pursuant to Section 6409(a). The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification, including whether the project qualifies for Section 6409(a); any latent issues in connection with the existing tower or

base station; potential concealment issues (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback about whether such

station; potential concealment issues (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback about whether such

applications or other materials may be incomplete or unacceptable. The Zoning Administrator may, in the Zoning Administrator's discretion, grant a written exemption to the submittal appointment under Section 20.73.140(F)(2) or for a specific requirement for a complete application to any applicant who: (a) schedules, attends and fully participates in any pre-submittal conference; and (b) shows to the Zoning Administrator's satisfaction that such specific requirement duplicates information already provided in other materials to be submitted or is otherwise unnecessary to the City's review under facts and circumstances in that particular case. Any written exemption will be limited to the project discussed at the pre-submittal conference and will not be extended to any other project.

Submittal Appointment. All applications must be filed with the City at a pre-scheduled appointment. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. Any application received without an appointment, whether delivered in-person or through any other means, will not be considered duly filed unless the applicant received a written exemption from the Zoning Administrator at a pre-submittal conference.

3.

Appointment Scheduling Procedures. For any event in the submittal process that requires an appointment, applicants must submit a written request to the Zoning Administrator. The Zoning Administrator shall endeavor to provide applicants with an appointment as soon as reasonably feasible and within five business days after a written request is received.

4.

Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City within 90 calendar days after the City deems the application incomplete in a written notice to the applicant. The Zoning Administrator may, in the Zoning Administrator's discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.

5.

Departmental Forms, Rules and Other Regulations. The City Council authorizes the Zoning Administrator to develop and publish permit application forms, checklists, informational handouts and other related materials that the Zoning Administrator finds necessary, appropriate or useful for processing requests for Section 6409(a) approvals. Without further authorization from the City Council, the Zoning Administrator may, from time to time, update and alter any such permit application forms, checklists, informational handouts and other related materials as the Zoning Administrator deems necessary, appropriate or useful to respond to regulatory, technological or other changes related to this chapter. The City Council authorizes the Zoning Administrator to establish other reasonable rules and regulations, which may include, without limitation, regular hours for appointments with applicants, as the Zoning Administrator deems necessary or appropriate to organize, document and manage the application intake process.

G.

Administrative Review—Decision Notices. The Zoning Administrator shall administratively review an

application for a Section 6409(a) approval and act on such an application without prior notice or a public hearing. Within five working days after the Zoning Administrator conditionally approves or denies an application submitted for Section 6409(a) approval or before the FCC timeframe for review expires (whichever occurs first), the Zoning Administrator shall send a written notice to the applicant. In the event that the Zoning Administrator determines that an application submitted for approval pursuant to Section 6409(a) does not qualify for approval, the Zoning Administrator will send written notice to the applicant that includes the reasons to support the review authority's decision and states that the application will be automatically denied without prejudice on the 60th day after the date the application was filed unless the applicant withdraws the application.

H.

Required Findings for 6409(a) Approval. The Zoning Administrator may approve or conditionally approve an application submitted for Section 6409(a) approval when the Zoning Administrator finds that the proposed project:

Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

2.

Does not substantially change the physical dimensions of the existing wireless tower or base station.

I.

Criteria for Denial Without Prejudice. Notwithstanding any other provisions in this chapter, and consistent with all applicable federal laws and regulations, the Zoning Administrator may deny without prejudice an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project: 1.

Does not satisfy the criteria for approval;

2.

Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or

3.

Involves the replacement of the entire support structure.

J.

Conditional 6409(a) Approvals. Subject to any applicable limitations in federal or state law, nothing in this chapter is intended to limit the City's authority to conditionally approve an application for a Section 6409(a) approval to protect and promote the public health, safety and welfare.

K.

Appeals. Notwithstanding any provision of the Mill Valley Municipal Code to the contrary an applicant may appeal a decision by the Zoning Administrator to deny without prejudice a Section 6409(a) application. The appeal must be filed within 10 days from the Zoning Administrator's decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall serve as the appellate authority for all appeals of all actions of the Zoning Administrator taken pursuant to this section. The City shall provide notice for an administrative hearing by the City Manager. The City Manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in subsections H and I of this section. The decision of the City Manager shall be final and not subject to any further administrative appeals.

L.

Standard Conditions of Approval. In addition to all other conditions adopted by the Zoning Administrator, all Section 6409(a) approvals, whether approved by the Zoning Administrator or deemed approved by the operation of law, shall be automatically subject to the following conditions in this section; provided, however, that the Zoning Administrator shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances:

1.

Approved Plans. Before the permittee submits any application for a building permit or other permits required by the Mill Valley Municipal Code, the permittee must incorporate the wireless telecommunications facility permit granted under this section, all conditions associated with the wireless telecommunications facility permit and the approved plans and any photo simulations (the "approved plans") into the project plans. The permittee must construct, install and operate the wireless telecommunications facility in strict compliance with the approved plans. The permittee shall submit an as built drawing within 90 days after installation of the facility.

Permit Term. The City's grant or grant by operation of law of a Section 6409(a) approval constitutes a federally-mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station. The City's grant or grant by operation of law of a Section 6409(a) approval will not extend the permit term, if any, for any conditional use permit, or other underlying prior regulatory authorization. Accordingly, the term for a Section 6409(a) approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station. 3.

r base station. The City's grant or grant by operation of law of a Section 6409(a) approval will not extend the permit term, if any, for any conditional use permit, or other underlying prior regulatory authorization. Accordingly, the term for a Section 6409(a) approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station. 3.

Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) approval, such 6409(a) approvals shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) approvals or the Zoning Administrator grants an extension upon written request from the permittee that shows good cause for the extension, which includes, without limitation, extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the Zoning Administrator may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) approval when it has submitted an application for a conditional use permit for those improvements before the one-year period ends.

4.

No Waiver of Standing. The City's grant or grant by operation of law of a Section 6409(a) approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) approval.

5.

Build-Out Period. The Section 6409(a) approval will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and operate the approved wireless facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Zoning Administrator may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition. Any further extensions may be granted by the Planning Commission.

6.

Maintenance Obligations—Vandalism. The permittee shall keep the site, which includes, without limitation, any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this Section 6409(a) approval. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

7.

Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this Section 6409(a) approval. The permittee expressly acknowledges and agrees that this obligation is

intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws. 8.

Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's construction, installation, operation, modification, maintenance, repair, removal or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines on any day and at any time prohibited under the Mill Valley Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Zoning Administrator may issue a stop work order for any work that violates this condition.

9.

Noise Complaints. The permittee shall conduct all activities on the site in compliance with the noise standards in the Mill Valley Municipal Code. In the event that any person files a noise complaint and the City verifies that such complaint is valid, the permittee must remedy the violation within 10 days after notice from the City, which may include a demonstration that the permittee has amended its operational

guidelines in situations where the violation arises from the permittee's personnel rather than the permittee's equipment.

10.

Inspections—Emergencies. The permittee expressly acknowledges and agrees that the City or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City or its designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City or its designee while such inspection or emergency access occurs.

11.

Contact Information. The permittee shall furnish the City with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes, without limitation, such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times.

12.

Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, employees and volunteers from any and all: (a) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings ("claims") brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this Section 6409(a) approval; and (b) other claims any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this Section 6409(a) approval or the wireless facility. In the event the City becomes aware any claims, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the

legal counsel providing the City's defense, and the property owner or permittee (as applicable) shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this Section 6409(a) approval, and that such indemnification obligations will survive the expiration or revocation of this Section 6409(a) approval.

13.

Performance Bond. Before the City issues any construction permit in connection with the wireless facility, the permittee shall post a performance bond from a surety and in a form acceptable to the City Manager in an amount equal to or greater than a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code Section 65964(a), the City Manager shall take into consideration information provided by the permittee regarding the cost to remove the wireless facility.

14.

Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.

15.

Compliance Obligations. An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the Mill Valley Municipal Code, any permit, any permit condition or any applicable law or regulation by reason of any failure by the City to timely notice, prompt or enforce compliance by the applicant or permittee.

(Ord. 1304 § 1, September 6, 2018)

A.

Purpose. The purpose of this section is to comply with an application for a wireless telecommunications collocation facility under California Government Code Section 65850.6, for which a Section 6509(a) approval is not being requested. This section provides the requirements, standards and regulations for a wireless telecommunications collocation facility for which subsequent collocation is a permitted use pursuant to California law. Only those facilities that fully comply with the eligibility requirements set forth in California Government Code Section 65850.6, or its successor provision, and which strictly adhere to the requirements and regulations set forth in this section shall qualify as a wireless telecommunications collocation facility.

B.

Definitions. For the purposes of this section, the following terms are defined as follows: "Collocation facility"

means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunications collocation facility.

"Wireless telecommunications facility"

means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services. "Wireless telecommunications collocation facility"

means a wireless telecommunications facility that includes collocation facilities.

C.

Procedures. An application for a wireless telecommunications collocation facility under California Government Code Section 65850.6 shall be processed in the same manner as an application for Section 6409(a) approval is processed, except that where the process requires justification for the Section 6409(a) approval, the applicant shall instead provide the justification for a wireless telecommunications collocation facility under California Government Code Section 65850.6.

D.

Requirements. All requirements, regulations, and standards set forth in this chapter for a wireless telecommunications facility shall apply to a wireless telecommunications collocation facility; provided, however, the following shall also apply to a wireless telecommunications collocation facility:

1.

The applicant for a wireless telecommunications collocation facility permit shall describe or depict:

a.

The wireless telecommunications collocation facility as it will be initially built; and

b.

All collocations at full build-out, including, but not limited to, all antennas, antenna support structures, and accessory equipment.

2.

Any collocation shall use screening methods substantially similar to those used on the existing wireless telecommunications facilities unless other optional screening methods are specified in the conditions of approval.

3.

A wireless telecommunications collocation facility permit shall not be approved unless an environmental impact report, negative declaration, or mitigated negative declaration was prepared and approved for the wireless telecommunications collocation facility.

E.

Permitted Use. Notwithstanding any other provision of this chapter, a subsequent collocation on a wireless telecommunications collocation facility shall be a permitted use only if all of the following requirements are satisfied:

1.

The wireless telecommunications collocation facility:

a.

Was approved after January 1, 2007, by discretionary permit;

b.

Was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and

c.

Otherwise complies with the requirements of California Government Code Section 65850.6(b), or its successor provision, for addition of a collocation facility to a wireless telecommunications collocation facility, including, but not limited to, compliance with all performance and maintenance requirements,

regulations and standards in this chapter and the conditions of approval in the wireless telecommunications collocation facility permit.

2.

The collocations were specifically considered when the relevant environmental document was prepared for the wireless telecommunications collocation facility.

3.

Before collocation, the applicant seeking collocation shall obtain all other applicable nondiscretionary permits, as required pursuant to the Mill Valley Municipal Code.

F.

New or Amended Permit. Except as otherwise provided above, approval of a new or amended permit shall be required when the facility is modified other than by collocation in accordance with this section, or the proposed collocation:

1.

Increases the height of the existing permitted telecommunications tower or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless telecommunications collocation facility unless specifically permitted under the conditions of approval applicable to such wireless telecommunications collocation facility; or

2.

Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by the conditions of approval.

G.

Appeals. Notwithstanding any provision of the Mill Valley Municipal Code to the contrary, including, but not limited to, Section 20.62.060, any applicant may appeal a decision by the Zoning Administrator. The appeal must be filed within 10 days from the Zoning Administrator's decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall serve as the appellate authority for all appeals of all actions of the Zoning Administrator taken pursuant to this section. The City shall provide notice for an administrative hearing by the City Manager. The City Manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in this section. The decision of the City Manager shall be final and not subject to any further administrative

appeals.

(Ord. 1304 § 1, September 6, 2018)

A permit issued pursuant to this chapter shall not be a substitute for any business license otherwise required under the Mill Valley Municipal Code.

(Ord. 1304 § 1, September 6, 2018)

In the event of a declared federal, state, or local emergency, or when otherwise warranted by conditions that the Zoning Administrator deems to constitute an emergency, the Zoning Administrator may approve the installation and operation of a temporary wireless telecommunications facility (e.g., a cell on wheels or "COW"), which is subject to such reasonable conditions that the Zoning Administrator deems necessary. (Ord. 1304 § 1, September 6, 2018)

A.

All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within 48 hours:

1.

After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

After permittee, owner, operator, or any designated maintenance agent receives notification from a resident or the Zoning Administrator.

B.

All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

1.

General dirt and grease;

2.

Chipped, faded, peeling, and cracked paint;

3.

Rust and corrosion;

4.

Cracks, dents, and discoloration;

5.

Missing, discolored, or damaged artificial foliage or other camouflage;

6.

Graffiti, bills, stickers, advertisements, litter and debris;

7.

Broken and misshapen structural parts; and

8.

Any damage from any cause.

C.

All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Zoning Administrator.

D.

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation. E.

Each facility shall be operated and maintained at all times in compliance with applicable federal regulations, including FCC radio frequency emissions standards.

F.

Each facility shall be operated and maintained to comply at all times with the noise regulations of this

chapter and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Zoning Administrator. Backup generators, if permitted, shall only be operated during periods of power outages or for testing. G.

If a flagpole is used for camouflaging a wireless telecommunications facility, flags shall be flown and shall be properly maintained at all times.

H.

Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the standards set forth in this section and the conditions of approval.

(Ord. 1304 § 1, September 6, 2018)

No person shall install, use or maintain any wireless telecommunications facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location. (Ord. 1304 § 1, September 6, 2018)

A.

A permit for any wireless telecommunications facility shall be valid for a period of 10 years, unless the Planning Commission authorizes a longer period or pursuant to another provision of the Mill Valley Municipal Code the permit lapses sooner or is revoked. At the end of such period, the permit shall expire.

B.

A permittee may apply for extensions of its permit in increments of no more than 10 years and no sooner than 12 months prior to expiration of the permit.

C.

If a permit has not expired at the time an application is made for an extension, the Zoning Administrator may administratively extend the term of the permit for subsequent 10-year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of the Mill Valley Municipal Code that are in effect at the time the permit extension is granted.

1.

At the Zoning Administrator's discretion, additional studies and information may be required of the applicant.

2.

If the Zoning Administrator determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of the Mill Valley Municipal Code that are then in effect at the time of permit expiration, the Zoning Administrator shall refer the extension request to the Planning Commission.

D.

The request for an extension shall be decided by the Planning Commission if the permit expired before the application is made for an extension or if the Zoning Administrator refers the matter to the Planning Commission. After notice and a public hearing, the Planning Commission may approve, conditionally approve, or deny the extension.

(Ord. 1304 § 1, September 6, 2018)

A.

A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

B.

The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within 10 days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Zoning Administrator of any discontinuation of operations of 30 days or more. C.

Failure to inform the Zoning Administrator of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for: 1.

Prosecution;

2.

Revocation or modification of the permit;

3.

Calling of any bond or other assurance required by this chapter or conditions of approval of the permit;

4.

Removal of the facilities by the City in accordance with the procedures established under the Mill Valley Municipal Code for abatement of a public nuisance at the owner's expense; and

5.

Any other remedies permitted under the Mill Valley Municipal Code.

(Ord. 1304 § 1, September 6, 2018)

A.

Permittee's Removal Obligation. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property within 30 days, at no cost or expense to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B.

Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Mill Valley Municipal Code, and be grounds for:

1.

Prosecution;

2.

Calling of any bond or other assurance required by this chapter or conditions of approval of permit;

3.

Removal of the facilities by the City in accordance with the procedures established under the Mill Valley Municipal Code for abatement of a public nuisance at the owner's expense; or

Any other remedies permitted under the Mill Valley Municipal Code. C.

Summary Removal. In the event the Zoning Administrator determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent

circumstances require immediate corrective action (collectively, "exigent circumstances"), the Zoning Administrator may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.

D.

Removal of Facilities by City. In the event the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Mill Valley Municipal Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee nor the owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the City due to exigent circumstances.

(Ord. 1304 § 1, September 6, 2018)

Compliance with the provisions of this chapter shall not relieve a person from complying with any other applicable provision of the Mill Valley Municipal Code, including, but not limited to, obtaining any necessary encroachment or building permits. In the event of a conflict between any provision of this chapter and other provisions of the Mill Valley Municipal Code, this chapter shall control.

(Ord. 1304 § 1, September 6, 2018)

In the event that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, the permits required by this chapter for those facilities shall be deemed to be ministerial permits. For those facilities, in lieu of a conditional use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility and all provisions of this chapter shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the Zoning Administrator rather than as a discretionary permit. Any conditions of approval set forth in this chapter or deemed necessary by the Zoning Administrator shall be imposed and administered as reasonable time, place and manner rules. (Ord. 1304 § 1, September 6, 2018)

Chapter 20.74 SIGNS (§ 20.74.010 – § 20.74.130)

The purpose and intent of this chapter is to:

A.

Protect the health, safety and general welfare of the town by regulating the location, type, size and appearance of signs;

B.

Protect and enhance the town's natural setting and small-town character; C.

Encourage signs which are compatible with and complementary to the architectural design of the buildings where they are located;

D.

Encourage sound signing practices to identify businesses and inform the public;

E.

Establish sign regulations which are equitable to all businesses;

F.

Encourage creative and high quality signs which are compatible with the design guidelines in the General Plan; and

G.

Protect and enhance property values within the community.

For the purpose of this chapter, certain words and phrases are defined as follows:

"Awning/canopy sign"

is any sign attached to or painted on an awning or canopy which in turn is attached to a building face. "Building face"

is any wall of a building below the eaves which is visible from any outdoor public use area.

"Directory board"

is a building mounted sign identifying the locations of businesses within the structure.

"External illumination"

is a light source mounted outside the sign so as to cast light on the face of the sign.

"Governmental sign"

is any sign installed by a public agency to direct traffic or inform the public.

"Ground sign"

is a sign supported by uprights or braces permanently placed on or in the ground and not attached to any building.

"Internal illumination"

is a light source which is contained entirely within the sign.

"Flashing illumination"

is a light source which, in whole or in part, physically changes in light intensity or gives the appearance of such change.

"Master sign"

is a sign identifying multiple tenants within the building.

"Nonconforming sign"

is any sign which complied with the sign regulations in effect when it was installed but does not comply with the current provisions of this chapter.

"Obstructing sign"

is any sign, the location of which prevents free ingress or egress from any door, window, or fire escape. This includes a sign attached to a standpipe.

"Off-site sign"

is any sign advertising or identifying any business, product or activity not being conducted, sold or produced on the same property where the sign is located.

"On-site sign"

is any sign advertising or identifying any business, product or activity being conducted, sold or produced on the same property where the sign is located.

"Outdoor public use area"

is any outdoor area used by the public, including but not limited to streets, parking lots, sidewalks, driveways and patios.

"Permanent sign"

is any sign that may be displayed with no time limit as long as it conforms with the provisions of this

chapter. A sign permit is required for all permanent signs except those signs listed in Section 20.74.030(B). "Portable sign"

is a sign not permanently attached to the ground or a building and including, but not limited to, A-frame signs or sandwich signs.

"Projecting sign"

is a sign attached to and projecting from the wall of a building or suspended from a canopy and not in the same plane as the wall.

"Refective material"

is any sign material specially designed to enhance reflected light for the purpose of attracting attention. "Real estate sign"

is a sign advertising the following:

1.

That the property is for sale, rent, lease, or exchange by the property owner or his/her agent;

Directions to the property;

3.

The owner's or agent's name;

4.

The owner's or agent's address and telephone number.

"Sign"

is any name, figure, character, symbol, outline, spectacle or other thing or device of a similar nature which identifies or announces a business, service or goods offered; attracts attention for advertising purposes; or produces light by the application of electric current to an inert gas such as neon. Any "sign" located on the exterior of a building is subject to the provisions of this chapter. Any "sign" located on the interior of a building is subject to the provisions of this chapter if it is clearly visible from any outdoor public use area, and: (1) has a source of internal illumination; or (2) does not have a source of internal illumination but is located within five feet of the glass through which it is visible.

"Sign area"

is the smallest geometric shape which will enclose a sign as defined in this chapter plus the area of any background panel on which it is painted or mounted. It does not include the supporting structure or bracing unless the background and supporting structure are one and the same.

"Sign program"

is a coordinated plan for all signs in a multiple tenant building or building complex including, but not limited to, master signs.

"Temporary sign"

means a sign generally constructed of lightweight materials and not permanently affixed to the ground, which is intended for and displayed for a short or limited time duration.

"Wall sign"

is a sign on or attached to a wall of a building and on the same plane as the wall.

"Window sign"

is a sign displayed on a window or within a window casement.

"Yard sign"

is a freestanding sign made of lightweight materials such as cardboard, plastic, or vinyl that is supported by a frame, pole, or other temporary support structure placed directly in the ground without foundation or other anchor.

(Ord. 1298 § 3, March 19, 2018)

The following signs are allowed without a sign permit so long as they are displayed in accordance with the limitations contained in this chapter. The size of each sign in this section is not included as part of the maximum sign area permitted by Section 20.74.060:

A.

Temporary signs shall not be placed on or affixed to any City property, including City rights-of-way. B.

Temporary signs placed on private property are allowed in all zoning districts in compliance with the following standards:

1.

Types of temporary signs allowed include:

a.

Window signs;

b.

Yard signs.

2.

No signs which are prohibited, as defined in Section 20.74.050 shall be allowed as either temporary or permanent signs.

3.

Temporary Sign Standards.

STANDARDS FOR ALL TEMPORARY SIGNS ON PRIVATE PROPERTY

Signs shall be measured based on the limits of the background or any frame or outline, not including structural supports. Where a sign message has no background material, the area shall be measured as the smallest rectangular shape that encompasses the total message. The area of a multi-faced sign shall

be its maximum size based on a vertical plane (e.g., for a double-faced sign, only one side shall be measured).

C.

Permanent signs are permitted as follows:

1.

Customer service information signs no greater than two square feet advertising credit cards accepted, days and hours of operation, and business affiliations. "Open" or "Closed" signs no greater than one square foot in size;

2.

Plaques identifying a building name and/or date which are an integral part of the structure and no greater than five square feet;

3.

One nameplate, no greater than one square foot, for each business entrance;

4.

One on-site directional sign no greater than five square feet;

5.

Governmental signs;

6.

A change in business name in the same color and style on any existing conforming or nonconforming sign;

7.

On-site fuel price signs maintained at a service station in accordance with state law;

8.

Barber poles with no moving parts; and

Signs no greater than 11 inches by 17 inches on newsracks installed in accordance with Chapter 11.32 of the Mill Valley Municipal Code and identifying only the publications offered therein.

(Ord. 1298 § 4, March 19, 2018)

A sign permit, issued pursuant to Section 20.74.080, shall be required for the signs referred to in this

section unless such signs are exempted under Section 20.74.030. The following limitations contained in the following paragraphs shall apply in addition to the maximum size provisions contained in Section 20.74.060.

A.

Wall signs, provided such signs do not project above an eave or parapet, do not interrupt the architectural details of the building and do not extend above the window sill of any second story. B.

Ground signs, provided that such signs are limited to one per building and are not more than 10 feet in height measured from the ground at the base of the sign (4.5 feet maximum height in Lytton Square/Town Center area as identified in the General Plan). Any ground sign located within 35 feet of the intersection of two streets or a street and driveway shall be reviewed by the Department of Public Works to confirm that it does not obstruct clear view of other vehicles or pedestrians entering the intersection.

C.

Permanent window signs, provided such signs do not obscure more than 25% of the area of the window to which they are affixed.

D.

Awning/canopy signs, including those projecting into the public right-of-way, provided such signs are at least 7.5 feet above any sidewalk and are not on the top surface of the awning/canopy. E.

Projecting signs, provided such signs do not extend more than 42 inches beyond the building face including projection into the public right-of-way and are less than five square feet in size on each side.

F.

Illuminated signs, provided such signs comply with the following standards: 1.

Internal Illumination. These signs shall have letters, forms or figures that are lighter in color and intensity than the background or consist of individually lighted letters. Internal illumination is not allowed for any sign in the Lytton Square/Town Center area and the portion of the East Blithedale/Alto Center area east of

Lomita Drive as identified in the General Plan. Internally illuminated signs may be appropriate on Lower Miller, Redwood Highway and the portion of the East Blithedale/Alto Center area west of Lomita Drive as identified by the General Plan.

2.

External Illumination. The area illuminated shall be the minimum amount necessary to light only the sign. 3.

Upon conducting a public hearing, the Zoning Administrator, Planning Commission or City Council may require reduction of the intensity of lighting after installation if it adversely impacts residents or adjacent properties or is not in keeping with the general level of illumination on surrounding properties. G.

On-site directional signs with a total area greater than five square feet.

H.

Community service bulletin boards, provided they are used only for posting public announcements and notices. The size and location shall be approved by the Zoning Administrator pursuant to Section 20.74.080.

I.

Directory boards, provided they are mounted on the building and identify only separate businesses or offices in the building.

J.

Off-site real estate signs advertising multiple properties or units in a single development limited to one sign per development and not greater than 16 square feet per face.

For the reasons stated below, among others, the following signs are not allowed:

A.

Signs on public property or in the public right-of-way (see exceptions for awning/canopy signs, Section 20.74.040(D); projecting signs, Section 20.74.040(E); and City-approved banner poles, Section 20.74.030(A) (1). This is to ensure that no private or commercial use or event is promoted on public property.

B.

Signs projecting above the eave line or parapet. This is to prevent extension of the building's height and protect the architectural integrity of the façade.

C.

Portable signs including "A Frame" and "sandwich" signs. This is to prevent hazards to pedestrians and maintain continuity of the streetscape.

D.

Signs which move or have moving parts (except barber poles which require a permit), or have flashing illumination, or contain reflective material. This is to prevent distractions to motorists and pedestrians.

E.

Signs which produce light by the application of electric current to an inert gas light source such as neon, because they are inconsistent with the design guidelines in the General Plan.

F.

Obstructing signs, in order to prevent safety hazards.

G.

Signs imitating official traffic signs or signals. This is to prevent confusion to motorists and pedestrians. H.

Off-site signs (see exceptions for real estate signs, Sections 20.74.030(A)(3) and 20.74.040(J)). This is to minimize duplication of signs and require signs to be on the site where business is conducted.

I.

All other signs not mentioned in Sections 20.74.030, 20.74.040 and 20.74.050, including, but not limited to, banners which are not completely attached to a structure, balloons, inflated signs, pennants, streamers, festoons and searchlights.

J.

Signs in a single family residential district except professional nameplates, real estate, political, or governmental signs. This is to retain the residential character of an existing neighborhood. The signs listed in Section 20.74.040 shall comply with the following standards:

A.

The maximum sign area allowed for a ground level business, office or portion thereof, shall be one square foot for each linear front foot the business or office or portion thereof has an outdoor public use area, to a

maximum of 75 square feet unless otherwise authorized by a sign program or conditions which apply specifically to that development.

B.

The maximum sign area allowed for an upper level business, office or portion thereof shall be no greater than two square feet unless otherwise authorized by a sign program or conditions of approval which apply specifically to that development. Only one sign may be displayed for a business or office located entirely on an upper level and shall be located at the exterior entrance of the building unless its size or location is otherwise established as part of a sign program approved by the Zoning Administrator, Planning Commission or City Council pursuant to Section 20.74.080. C.

The maximum sign area allowed for any individual business or office which occupies more than one level in the same building, including any part of the ground level, shall be determined by combining subsections A and B in this section; however, the total size shall not exceed 75 square feet. D.

Each face of a permanent sign shall be deducted from the total sign area permitted for that business or office. However, with the exception of Section 20.74.030(B)(6), the face of each temporary or permanent sign permitted by Section 20.74.030 is not calculated as part of the total sign area permitted.

When a sign permit is required under the provisions of this chapter, the applications shall include the following:

A.

A completed application form which may be obtained from the Department of Planning and Building; B.

The application fee as established by resolution of the City Council; C.

The signed consent of the owner on whose property the sign is to be erected; D.

Scaled elevations and sections along with a written description of the proposed installation method. The plans shall show any proposed lighting. Photos or elevations must show the precise location of the sign on the building or, for a ground sign, its location with respect to the street and adjacent buildings.

Sign permit applications will be reviewed by the Zoning Administrator unless the application is part of a development and/or entitlement requiring design review of elements other than signs, in which case the Planning Commission shall review the application.

An application for a sign permit shall be denied if the Zoning Administrator, Planning Commission or City Council makes any of the following findings:

A.

The proposed sign does not comply with any provision of this chapter;

B.

The proposed sign is not consistent with the design guidelines in the General Plan applicable to the specific area in which it is proposed;

C.

The sign will adversely impact the public health, safety or general welfare; or

D.

The proposed color, design, material or location of the proposed sign is incompatible with the architectural design of the building.

Where the Planning Commission or City Council finds that practical difficulties, unreasonable hardships, or results inconsistent with the general purpose of this chapter result from the application of these provisions, or a particular sign has historic community value, a variance may be granted as specified in Chapter 20.64 of this title. If a variance is approved on the basis that a sign has historic community value, the filing fee shall be refunded.

Any decision made regarding a sign under this chapter by staff may be appealed to the Zoning Administrator. Any decision by the Zoning Administrator, either as an initial determination or as a decision after appeal may be appealed to the Planning Commission. Any decision by the Planning Commission either as an initial determination or as a decision after appeal may be appealed to the City Council. A decision by the City Council shall be deemed final. All appeals made under this section shall be made pursuant to the procedures in Chapter 20.100 of this title.

(Ord. 1332 § 1, December 6, 2021)

Any nonconforming sign shall be either removed or made to conform with this chapter if the sign has been more than 50% destroyed and the destruction requires replacement of more than the face of the sign and the display cannot be repaired within 30 days of the date of its destruction. Routine painting and maintenance shall not be deemed to constitute damage or destruction under the provisions of this section. Any illegal, unsafe or obsolete signs may be removed by the City pursuant to the provisions of Division 3, Chapter 2.6 of the California Business and Professions Code. Illegal, unsafe and obsolete signs which are subject to such removal shall include the following:

A.

Any sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection, or

B.

Any sign that was legally erected, but is no longer used as a sign or the structure upon which the sign is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of more than 90 days, or

C.

Any sign which is a danger to the public, is unsafe, or which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City.

Pursuant to California Business and Professions Code Section 5491.1, the Planning and Building Department shall conduct an inventory to identify all illegal and abandoned signs within the City. This inventory shall commence within six months after the date of the adoption of this ordinance and abatement procedures initiated for illegal or abandoned signs within 240 days of the date of the adoption of this ordinance.

Signs located in a street right-of-way or on public property are not permitted and may be removed by a City employee. Once removed, the City shall notify the owner, if possible, that the sign has been impounded and may be redeemed after payment of a charge which approximates the cost of its removal and storage. However, if the owner does not redeem the sign within 14 days, it may be disposed of by the City.

ed in a street right-of-way or on public property are not permitted and may be removed by a City employee. Once removed, the City shall notify the owner, if possible, that the sign has been impounded and may be redeemed after payment of a charge which approximates the cost of its removal and storage. However, if the owner does not redeem the sign within 14 days, it may be disposed of by the City.

A sign permit shall expire one year from the effective date of approval if the sign has not been installed or unless a different expiration date is stipulated at the time of approval. Prior to the expiration of a sign permit approval, the applicant may apply to the Director of Planning and Building for an extension of one year from the date of expiration. No more than two one-year extensions may be granted. The Director of Planning and Building may make minor modifications to the approved design at the time of the extension if he or she

finds there has been a substantial change in the factual circumstances surrounding the originally approved design.

(Ord. 1129 § 1, July 5, 1994)

Chapter 20.76 CREEK SETBACK ORDINANCE (§ 20.76.010 – § 20.76.020)

The City of Mill Valley seeks to protect, maintain, enhance and restore Mill Valley's streams and waterways and adjacent riparian habitat and wetlands; to prevent further degradation of habitat and water quality; and to limit or mitigate the impacts of development activities within the riparian areas.

Riparian areas adjacent to creeks provide shade, sediment transport, nutrient and chemical regulation, stream bank stability, input of large woody debris and organic matter, hydrologic control of floodwaters, and educational and recreational opportunities. The purpose of the creek setback is to conserve the quality

and quantity of remaining riparian habitat and water resources and to provide for the recovery of Steelhead trout (On-corhynchus mykiss, listed in 2000 as a "threatened" species under the Endangered Species Act) and other anadromous fish historically found within the Mill Valley watershed.

The intent is to allow development that is compatible with the important physical, habitat, aesthetic, and recreational functions of the riparian areas within the City's watershed, while ensuring that these functions and values are protected in perpetuity.

The purpose of this section is also to implement the Open Space Policies of the Mill Valley General Plan regarding protection of the City's creeks.

No structures are permitted within 30 feet of the top bank of the following creeks within the City of Mill Valley: Warner Canyon, Corte Madera Del Presidio, Sutton Manor Creek, Cascade Creek, Old Mill Creek, Reed Creek (the "Creek Setback Area").

(Ord. 1211 § 2, December 5, 2005)

Chapter 20.80 AFFORDABLE HOUSING REQUIREMENTS (§ 20.80.010 – § 20.80.120)

Note: Prior ordinance history: Ords. 1034, 1077, 1261 and 1271.

A.

Mill Valley is experiencing a housing shortage for affordable households. Increasingly, persons with extremely low, very low, low and moderate incomes who work and live within the City are unable to locate housing at prices they can afford and are increasingly excluded from living in the City.

B.

The shortage of affordable housing in Mill Valley is detrimental to the public health, safety and welfare. C.

A goal of the City, as expressed in the Mill Valley General Plan, is to achieve a balanced community with housing available for households of a range of income levels. State law requires the City to make an adequate supply of housing available for persons of all economic segments of the community.

D.

The high cost of newly constructed housing does not, to any appreciable extent, provide housing affordable to extremely low, very low, low and moderate income households, and new market-rate development which does not include nor contribute toward lower cost housing, further aggravates the current housing problems by reducing the supply of developable land.

E.

The demolition and replacement or construction of new market-rate housing has a deleterious impact on affordable housing opportunities in the City, by displacing current tenants and occupants, by replacing smaller, older and more affordable units with larger and more expensive housing, and by reducing the supply of vacant or developable land in the City. F.

In order to meet the goals and objectives described in the General Plan, it is necessary that the City establish the Housing Trust Fund to fund City efforts to create affordable housing opportunities within the City.

G.

All new market-rate residential development in the City must provide affordable opportunities to City residents or pay a fee to mitigate the impacts of the development on affordable housing opportunities in the City.

(Ord. 1295, September 5, 2017)

A.

The purpose of this chapter is to enhance the public welfare and assure that all residential development projects proportionately contribute to the City's housing goals by constructing affordable unit(s) or pay a fee aimed at developing, constructing and/or maintaining affordable housing unit(s) in Mill Valley. B.

The provisions of this chapter are intended to:

1.

Implement the Housing Element of the General Plan, and the requirements of state law (Government Code Section 65915, et seq.).

2.

Maintain a balanced community with a wide variety of housing available to households of all income levels. 3.

Increase the supply of affordable housing units.

4.

Increase the supply of housing for the disabled, seniors, and other households with special housing needs, as defined in the Housing Element.

5.

Address the need for affordable housing related to the increase in jobs and services associated with new and/or expanded market rate residential development.

6.

Provide affordable housing units that are compatible in character and quality with their surrounding neighborhoods.

7.

Maintain the physical condition and affordability of units produced through the provisions of this chapter over time.

8.

Protect and maintain the existing affordable housing units within the City's existing housing stock.

(Ord. 1295, September 5, 2017)

The provisions of this chapter apply to all residential development projects (within a 24-month period, as defined in Section 20.80.040). Requirements are summarized below and detailed in Sections 20.80.050 and 20.80.070.

• The construction valuation threshold shall be adjusted annually to adjust for economic conditions, in accordance with Section 20.80.070.

(Ord. 1295, September 5, 2017; Ord. 1299 § 2, April 2, 2018)

For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended.

"Additions"

are extensions or increases in floor area or height to an existing building or structure. "Afordable by"

shall be defined in accordance with California Health and Safety Code Section 50052.5 and in accordance

with the household income levels defined below, means housing available at a sales price or rent which a certain size household can afford to pay for housing.

"Afordable ownership housing cost"

means the total housing costs paid by a qualifying household, which shall not exceed the specified fraction of their gross income as specified in California Health and Safety Code Section 50052.5.

"Afordable rent"

means the total housing costs, including a reasonable utility allowance, paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in California Health and Safety Code Section 50053.

"Afordable households"

means households whose gross incomes and assets do not exceed the qualifying extremely low, very low, low and moderate income limits established in 25 California Code of Regulations (C.C.R.) Section 6932, and amended periodically based on the U.S. Department of Housing and Urban Development ("HUD") estimate of median income in the County of Marin's Primary Metropolitan Statistical Area, and as adjusted by the State Department of Housing and Community Development ("HCD") by family size.

1.

"Extremely low income household"

means persons and families whose gross incomes do not exceed 30% of area median income, adjusted for household size appropriate for the unit.

2.

"Very low income household"

means persons and families whose gross income does not exceed 50% of area median income, adjusted for household size appropriate for the unit.

3.

"Low income household"

means persons and families whose gross income is greater than 50% up to 80% of area median income, adjusted for household size appropriate for the unit.

4.

"Moderate income household"

means persons and families whose gross income is greater than 80% and does not exceed 120% of area median income, adjusted for household size appropriate for the unit.

"Afordable housing unit(s)," "afordable unit(s)," "inclusionary housing unit(s)" or "inclusionary unit(s)" means a dwelling unit within a residential development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to extremely low, very low, low, or moderate-income households, as stipulated in the provisions of this chapter.

"Applicant"

means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks City permits and approvals.

"Construction valuation threshold"

shall be the minimum construction valuation established in Section 20.80.070 whereby a project is subject to the affordable housing impact fee.

"Construction valuation"

shall be the value of residential construction as determined by the Building Official, as set forth in and defined in Title 14 of the Mill Valley Municipal Code, and is cumulative based on a construction within a 24month period as defined by a project.

"Dwelling unit" or "unit"

means a dwelling designed for occupancy by one household. For purposes of this chapter, a dwelling unit shall not include an accessory dwelling unit approved and constructed under the provisions of Chapter 20.90.

"Granting authority"

means the Building Official, Director, Zoning Administration, Planning Commission, or City Council, as the case may be.

"Household"

means those persons, related or unrelated, who occupy a single housing unit.

"Household income levels"

means the gross annual income of the household used to determine whether the household qualifies as an affordable household.

"Housing Authority"

means the Housing Authority of the County of Marin, a non-profit public corporation, or another agency designated by the City, for administering the housing programs under this chapter.

"Housing costs"

means the monthly mortgage payment, property taxes, homeownership insurance, private mortgage insurance (PMI), when required, and condominium or homeowner's association fees, where applicable, for ownership units. For a rental unit, total housing costs include the monthly rent payment and utilities.

"Inclusionary housing unit."

See "Affordable housing unit(s)."

"Income eligibility"

describes household eligibility for an income-restricted affordable housing unit.

"Impact fee" or "afordable housing impact fee"

means a fee paid to the City housing fund that reflects the reasonable costs to the City needed to mitigate the deleterious impacts of new development on affordable housing in the City and the reduction in vacant and developable land, which includes, but is not limited to, the costs the City has or will incur to fund the construction, acquisition, or financing of new or existing single family or multi-family affordable units.

"Multi-family dwelling unit"

shall be defined in accordance with Section 20.08.070(B) and, solely for the purposes of the inclusionary housing and fee requirements set forth in this chapter, shall also include townhomes. Townhomes are attached dwelling units typically characterized by separate ownership of the building and a legal parcel of land, with shared or adjoining walls.

"New unit"

means newly built units on vacant lots or the creation of additional dwelling units on lots with existing structures or buildings. A new unit does not include the enlargement or renovation of existing units, nor does it include replacement units created through the voluntary demolition of existing legal dwelling units. "Project"

means a housing or mixed use development at one location including all units or lots for which discretionary or ministerial approvals have been applied for or granted within a 24-month period. A "project" may include renovation, construction, or removal of dwelling units. A property owner may not phase a project or transfer ownership of contiguous properties to evade, defer, or limit the requirements of this chapter. For purposes of this chapter, "project" does not include commercial portions of the proposed project.

"Renovation"

means any rehabilitation, alteration, modification, remodel, upgrade or change in occupancy or use, to an existing building which does not increase the conditioned floor area.

"Replacement unit(s)"

means dwelling unit(s) that are constructed within a 24-month period from the date of planning approval that is created from the voluntary demolition of existing legal dwelling unit(s).

"Resale controls"

means legal restrictions by which the price of affordable housing units will be controlled to ensure that the unit remains available to affordable households over time.

"Residential second unit" or "accessory dwelling unit"

means an attached or detached dwelling unit that is in addition to the primary unit allowed in all residential zoning districts that provides complete independent living facilities for one or more persons pursuant to Chapter 20.90.

"Voluntary demolition"

means removal of existing structures due to acts of the property owner or their representative. For the purposes of this section, dwelling units created through voluntary demolition are considered replacement units. As defined in Section 20.08.069.4, voluntary demolition of an existing legal dwelling unit shall mean those projects that modify more than 50% of: (1) the roof structure; or (2) exterior walls (exclusive of siding and/or sheathing); or (3) the combined total area of the exterior roof structure and exterior walls (exclusive of siding) within any period of 24 months.

(Ord. 1295, September 5, 2017)

A.

Summary. Development projects include single family, multi-family and mixed-use residential construction within a 24-month period (further defined in Section 20.80.040), including such projects as renovations, additions, new unit(s); and replacement unit(s). Applicable projects are based on those projects equal to or exceeding the construction valuation threshold, initially established at $100,000.00, adjusted annually in accordance with Section 20.80.070.

B.

Exemptions. The provisions of this section shall apply to any discretionary or ministerial approvals for new residential development, including new units, replacement units, renovations and additions, with the exception of the following:

1.

Renovations and Additions to Existing Dwelling Unit(s) Less Than the Construction Valuation Threshold. Existing residences that are altered, improved, restored, repaired or expanded are exempt, provided that

the construction valuation for the project is less than the construction valuation threshold, adjusted annually in accordance with Section 20.80.070.

2.

Accessory dwelling units, constructed pursuant to Chapter 20.90.

3.

Multi-family efficiency units (also referred to as "microapartment units" or "micro-units"), as further defined in Sections 20.08.070(B) and 20.24.040(B).

4.

A residential development project, including new units, replacement units, renovations and additions that have been issued a vested tentative map or building permit prior to November 1, 2018, provided that the applicable permits and entitlements have not expired.

C.

Projects Subject to Impact Fees. Residential development projects which meet or exceed the construction valuation threshold, are subject to the following impact fees:

1.

Single Family Development Projects. Single family development projects including renovations and additions to existing single family residences and new or replacement units that meet or exceed the construction valuation threshold shall pay the impact fee, as set forth in Section 20.80.070. The impact fee shall be calculated based on a percentage of the construction valuation, as established by City Council resolution.

2.

Multi-Family Rental and Ownership Projects (Renovations, Additions, and Up to Three New or Replacement Units). Multi-family or mixed-use ownership projects that meet or exceed the construction valuation threshold, including renovations, additions and up to three new or replacement units shall pay the impact fee, as set forth in Section 20.80.070. The impact fee shall be calculated based on a percentage of the construction valuation, as established by City Council resolution.

To ensure compliance with the Costa Hawkins Act (Chapter 2.7 of Title 5 of Part 4 of Division 3 of the Civil Code), the City may only approve a proposal to provide rental affordable units if the applicant agrees in a recorded agreement with the City to limit rents in consideration for a direct financial contribution or a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Such a proposal must be made by the applicant and not by the City, in the event that a court finds that this subsection would violate the Costa-Hawkins Act, the court shall sever this subsection

from the remainder of this chapter, and the remainder of this chapter including, but not limited to, the requirement that an applicant pay the affordable housing impact fee shall remain in full force and effect. D.

Projects Subject to Providing Affordable Housing Units. The primary intent of the inclusionary requirement is to achieve the construction of new affordable units, as outlined in this chapter and as consistent with state and federal law. Other alternatives of equal value, such as, but not limited to, payment of the impact fee, acquisition and rehabilitation of existing units, construction of affordable units off site or the transfer of sufficient land and/or cash to the City or non-profit housing organization or housing developer to develop the required number of affordable units may be considered at the sole discretion of the City.

1.

Multi-Family Rental and Ownership Units (Four or More New or Replacement Units). Multi-family and mixed use ownership projects of four or more units shall construct affordable housing unit(s) as follows:

a.

Affordable Housing Units. At least 25% of the total number of dwelling units within a project that creates four or more new units shall be made available to moderate and low income households. Of these designated affordable units, at least 50% shall be rented or sold to low income households.

b.

Fractions. Fractional numbers of inclusionary units are "rounded up" to the nearest whole integer and treated as a whole inclusionary unit; alternatively, the requirements of this section may be satisfied through payment of the impact fee, applied to remaining fractional number, and calculated based on a percentage of construction valuation for the project, as stipulated in Section 20.80.050(C).

c.

Conditions of Approval. Any discretionary approval of new dwelling units shall have conditions attached which will assure compliance with the provisions of this chapter. Such conditions shall:

i.

Specify the timing of payment of the impact fee and/or the construction of the affordable units, the number of inclusionary units and the appropriate income and purchase price or rental restrictions, and amenities associated with each unit.

ii.

Require an affordable housing agreement providing for long-term affordability, income certification and screening of potential purchasers and/or renters of inclusionary units, resale control mechanism and ongoing management of the affordable units.

iii.

Contain a provision indicating that residents of affordable units shall not be denied access to common open spaces or recreational amenities.

iv.

Where an applicant elects to initially rent all of the units in a residential ownership project, the affordable housing agreement shall provide affordable rents for the affordable unit(s) during the rental period. 2.

Alternative to Building Affordable Units On-Site. Where feasible, it is the preference of the City that the requirements of this section be met through the construction of affordable units within the project. Construction of affordable units within another site or sites within the City may be approved on a case-by-

case basis through the City's discretionary process; or upon finding by the Planning Commission or City Council that the construction of the required affordable units is not feasible or appropriate as part of the project or elsewhere in the City, the City may allow the applicant to satisfy the requirements of this section through the payment of the impact fee set forth in Section 20.80.070 for the new construction or the donation of land at the sole discretion of the City as provided below.

a.

Land Donation. At the sole discretion of the City, applicants may satisfy the requirements of this chapter by an irrevocable offer of dedication of land for construction of affordable housing within the City. i.

Identification of the land to be dedicated shall be accomplished prior to approval of the discretionary permit for the residential development permit project.

ii.

In addition to any other findings required by statute, ordinance, or otherwise, any project approval for an inlieu land dedication shall include a finding that the land to be dedicated is not subject to liens, is served or proposed to be served by municipal services, including water, sewer, roads, electricity, telephone or other similar customary services, and contains no unusual planning or development constraints.

iii.

Land for affordable housing projects shall be dedicated to either for-profit or non-profit affordable housing builders only, subject to an affordable housing agreement or other legal contract approved by the City Council that shall provide for the construction of affordable units and the long-term affordability, management, and maintenance of the units. The amount of land shall be at least as much as necessary to provide one and one-half times (150%) the required number of affordable units as stipulated in this chapter. The City Council may, in its sole discretion, approve, conditionally approve or reject such offer of dedication. Rejection of an offer of dedication of land under this section shall not relieve an applicant of the obligation to comply with this chapter through another means. iv.

Prior to City approval of the options set forth in this subsection, the City must find that the dedication of land will provide an equivalent or greater number of affordable units than would otherwise be required by this chapter consistent with any environmental constraints of the site.

b.

Off-Site Units. Where provided for, applicants may satisfy the requirements of this chapter by constructing affordable units on another site within the City.

i.

New inclusionary units not built on the site of the proposed original project shall be constructed simultaneously with market-rate dwellings constructed on the original site, unless alternative arrangements are approved as part of the project approval.

ii.

The City may approve off-site rental affordable units be provided in lieu of ownership units.

iii.

Where inclusionary units are permitted off-site, such units do not count as affordable units for the purpose of receiving a density bonus, as outlined in Chapter 20.81.

iv.

In addition to any other findings required by state law or city ordinance, any approval of the linked project shall include a finding that the off-site inclusionary units shall be equivalent or greater in number than what would otherwise be required under this chapter, consistent with any environmental constraints of the site. (Ord. 1295, September 5, 2017; Ord. 1299 §§ 3—5, April 2, 2018)

A.

Construction of Affordable Units.

1.

Timing of Construction. All affordable units in a project and phases of a project should be constructed concurrently with or prior to the construction of non-inclusionary units, unless the City finds that extenuating circumstances exist.

2.

Design and Character of Affordable Units. The affordable units shall be reasonably dispersed throughout the development, shall contain on average the same number of bedrooms as the non-inclusionary units in the development, and shall be compatible with the design of the market rate units in terms of appearance, materials, and finished quality, except that, with City approval, the applicant may be allowed to modify the design and character of affordable units, if such modifications generate a greater number of affordable units than outlined in this chapter, or provide a greater level of affordability (such as to very low or low income households).

B.

Administration of Affordable Units. The City shall contract with the Housing Authority to manage the rental and/or sale of the affordable housing units.

1.

An affordable housing agreement shall be prepared in order to provide for the long-term affordability, administration, and appropriate management of affordable housing units.

2.

As part of the affordable housing agreement, the Housing Authority shall have the authority on behalf of the City to: require guarantees; enter into recorded agreements with property owners; and take other appropriate steps necessary to assure that the required affordable housing units are provided based on the timeframes established and are occupied by a qualified affordable household.

3.

See subsection G for additional details regarding the affordable housing agreement. C.

Targeted Affordable Households for Affordable Units. Affordable units shall be offered to the following household(s) based on the bedroom count of the affordable unit:

1.

Studio dwelling unit: one person household minimum;

2.

One bedroom dwelling unit: two person household minimum;

3.

Two bedroom dwelling unit: three person household minimum;

4.

Three bedroom dwelling unit: four person household minimum; and

5.

One additional person for each bedroom thereafter.

D.

Unit Pricing. All affordable housing units provided under this chapter shall be sold or rented at housing costs for applicable affordable households as stipulated in this chapter.

1.

Unit pricing shall be verified by the Housing Authority, or City designee. The initial sales price shall be targeted to households at the low to mid-range of the low and moderate income limits but income eligibility shall extend to households at the high end of the range of the affordable income levels.

2.

The price received by the seller of an affordable housing unit shall be limited to the purchase price plus an increase limited to the least of the: (a) Consumer Price Index for the San Francisco-Oakland-San Jose Area for All Urban Consumers; (b) increase in the Marin County gross annual household median income, as established by the Housing Authority, since the date of purchase; or (c) fair market value.

E.

Marketing, Screening and Selection of Eligible Households for Affordable Units.

1.

For affordable ownership units:

a.

The Housing Authority shall screen applicants. Screening and selection of eligible ownership housing buyers shall include, but not be limited to, maximum income and asset limits and order of preferences, such as first-time home buyers.

b.

The Housing Authority or other City designee shall advertise the inclusionary ownership units to the general public. To the extent allowed by State and Federal law, the City may engage in targeted marketing of all affordable housing units and other activities to attract persons working or living in Mill Valley.

c.

Upon notification of the availability of ownership units by the developer, the Housing Authority or other City designee shall seek and screen qualified purchasers through a process involving applications and interviews and conduct lotteries to select purchasers.

2.

For affordable rental units:

a.

The owner, developer or designee identified in the housing agreement shall notify the City and Housing Authority of the availability of the affordable unit prior to screening applicants at least 60 days prior to initial occupancy and at least 30 days upon subsequent vacancies.

b.

The owner, developer or designee shall provide the City and Housing Authority with the proposed marketing materials for the affordable units prior to screening applicants at least 60 days prior to initial occupancy and at least 30 days upon subsequent vacancies.

c.

Marketing materials submitted to the City shall include: application fees, waiting list process, conditions and restrictions applicable to occupancy, identification of rent, permitted rent increases, maximum qualifying household income, requirement for annual household income recertification, preferences, and requirement to vacate the affordable unit should the tenant's household income exceed the maximum qualifying household income.

d.

The owner, developer or designee identified in the housing agreement shall review and screen applicants of affordable units on the same basis as all other prospective tenants, including persons who are recipients of Federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act or any successor. The owner, developer or designee shall not apply selection criteria to Section 8 certificate or voucher holders that are more burdensome than criteria applied to all other prospective tenants for the affordable unit, nor permit management policies or lease provisions that may preclude occupancy by such prospective tenants.

e.

The developer or owner shall retain final discretion in the selection of the eligible households provided that the same rental terms and conditions (except rent levels and income) are applied to tenants of inclusionary units as are applied to tenants, except as required to comply with government subsidy programs.

f.

Upon initial occupancy and annually thereafter, the owner, developer or designee shall submit certifications to the City or its designee, verifying that the tenants of the affordable units do not exceed the maximum allowable household income established under the housing agreement.

F.

Terms of Affordability. Prior to approval of a final map or issuance of building permits, whichever is earlier, the applicant shall execute an affordable housing agreement with the Housing Authority ensuring the continued affordability of the affordable housing units.

The affordable housing agreement shall be recorded on title and shall be binding on all future owners and successors in interests.

2.

Affordable rental units granted in connection with the inclusionary requirements (Section 20.80.050) shall be made affordable in perpetuity, or based on the maximum allowable timeframes established by law at the time of project approval.

3.

Affordable ownership units shall remain affordable in perpetuity, unless the Housing Authority reduces the term of the inclusionary requirement to reflect the maximum term that is permitted by financing sources. a.

The term of the agreement shall commence on the date of issuance of the certificate of occupancy for the affordable unit(s), with the affordability timeframe adjusted if necessary upon the sale or transferring of the property to a new owner or owners.

b.

Owners of an affordable housing unit shall include, in the grant deed conveying title of any such affordable housing ownership unit a declaration stating the restrictions imposed pursuant to this chapter. The grant deed shall provide the City with the right to enforce the restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions as required by this chapter.

4.

Affordable units granted through density bonus (Chapter 20.81) shall be subject to affordability time frames established with state density bonus statutes at the time of project approval.

G.

Affordable Housing Agreement. A housing agreement shall be recorded against the subject property. This agreement may be made subordinate to acquisition, construction, bridge, and long-term permanent financing associated with the development of the project in which the affordable housing units will be located.

1.

The agreement shall contain provisions that implement all of the requirements of this chapter, including, but not limited to, the following:

a.

The number and type of affordable housing units to be provided by the project.

b.

The initial sales prices or rents for the affordable units.

c.

Criteria for the certification and selection of buyers or renters, which may include household income and assets, household size, and the size or special needs features of the available units.

d.

A provision guaranteeing that the initial sale or rent and continuing availability of all units will remain at the same affordable income levels, as designated through the requirements of this chapter.

e.

A provision indicating the noticing process to ensure that all prospective purchasers or renters of an affordable housing unit shall be advised of the restrictions of the affordable units, including, but not limited to, occupancy requirements and household income restrictions, as set forth in this chapter. 2.

The housing agreement shall state that the Housing Authority may revise the sales prices and rent limits from time to time in response to changes in income limits, monthly housing costs, and the real estate market.

3.

The housing agreement shall include a provision that provides for the enforcement of the housing agreement that entitles the City and/or the Housing Authority to recover reasonable attorney's fees (including City Attorney fees), investigation and litigation expenses, and any related staff costs associated with enforcing the provisions of this chapter.

4.

The housing agreement shall include a provision restricting the sale of all affordable ownership units to "first time home buyers" as defined by the Housing Authority.

5.

The agreement shall contain a provision requiring that the sale of an affordable housing unit shall include an assignable option agreement granting the Housing Authority and City the right of first refusal to purchase the unit at the time of subsequent sale for fair market value as set forth in the Marin County Below Market Rate policies or other applicable regulations or guidelines.

6.

For rental projects, the housing agreement shall require an annual report verifying, under penalty of perjury, that the rental of affordable units complies with the terms and conditions contained in Section 20.80.060.

H.

Owner-Occupancy and Sub-Leasing Affordable Units. The purchaser or renter of the affordable housing unit shall reside in the unit as their principal residence and may not rent or sublease the unit in its entirety to another party, including short-term rentals or sublets.

1.

Every purchaser or renter of an affordable housing unit shall certify upon initial move-in that the unit is being used as the purchaser or renter's primary place of residence.

2.

As part of the housing agreement, the Housing Authority is responsible for monitoring each affordable unit to prevent potential program abuses and violations of deed restrictions. Any irregularities or suspected abuses will be reported to the City in writing, and action taken, as deemed appropriate.

3.

For affordable rental units, annual income verification shall be required by the Housing Authority to assure that the affordable rental units are rented and occupied by affordable households.

As part of the affordable housing agreement for ownership units, the Housing Authority shall monitor and verify the owner-occupancy requirement. Failure by a purchaser of an affordable unit to maintain eligibility

for the homeowners' property tax exemption, or failure to provide proof of residence, when requested, shall be construed to mean that the affordable housing unit is not the primary place of residence of the purchaser.

(Ord. 1295, September 5, 2017; Ord. 1299 §§ 6—8, April 2, 2018)

A.

Affordable Housing Impact Fees. The affordable housing impact fees shall contribute towards the City's housing fund for the purpose of creating, developing and/or maintaining existing housing targeted for affordable households within the City.

Affordable housing impact fees shall apply to all residential projects, as outlined in this chapter.

2.

No application for a rezoning, tentative map, parcel map, conditional use permit, special use permit, building permit or other entitlement shall be approved without compliance with this section.

3.

The impact fee shall be calculated based on a percentage of the construction valuation of an applicable project, with the actual percentage established by way of City Council resolution.

4.

The construction valuation threshold shall be initially set at $100,000.00, adjusted on an annual calendar year basis based on the California Construction Cost Index as reported by the California Department of General Services to account for market fluctuations and to ensure that the impact fee reflects current costs.

5.

Impact fees shall not exceed the cost of mitigating the impact of market rate residential projects on the need for affordable housing in the City.

6.

The amount of any affordable housing impact fee payable under this section is based on the fee schedule in effect at the time of issuance of the building permit for the dwelling unit to which the fee relates.

7.

The impact fee shall be paid prior to issuance of the building permit for the project.

8.

Lnclusionary units and impact fees are not considered to be mutually exclusive, and a project may create inclusionary units and pay impact fees, so long as the total amount of units and fees shall not exceed the cost of mitigating the impact on affordable housing in the City as described in this chapter.

9.

Fractional requirements may be satisfied by the construction of an additional affordable unit or payment of the affordable housing impact fee by applying the fractional remainder to the construction valuation, and applying the fee accordingly.

B.

Affordable Housing Trust Fund. The purpose of the affordable housing fund is to receive and disburse affordable housing impact fee revenues and other housing funds to address the housing needs of affordable households in the City. Separate accounts within such housing fund may be created from time to time to avoid commingling if required by law or as deemed appropriate to further the purposes of the housing fund.

1.

All affordable housing impact fees shall be deposited into the affordable housing fund.

2.

The affordable housing trust fund, including accrued interest, shall be subject to all the applicable provision of the Mitigation Fee Act, including, but not limited to, the requirements for accounting, reporting and expenditure of the fund to increase the supply of affordable housing in Mill Valley.

3.

The fees collected under this chapter and all earnings from investment of the fees shall be expended exclusively to provide or assure continued provision of affordable housing in the City to meet the housing needs of the City's workforce through acquisition, construction, development assistance, substantial rehabilitation or maintenance, financing, rent or other subsidies, or methods, and for costs of administering programs which serve those ends. The housing shall be of a type, or made affordable at a cost or rent, for

assure continued provision of affordable housing in the City to meet the housing needs of the City's workforce through acquisition, construction, development assistance, substantial rehabilitation or maintenance, financing, rent or other subsidies, or methods, and for costs of administering programs which serve those ends. The housing shall be of a type, or made affordable at a cost or rent, for

which there is a need in the City and which is not adequately supplied in the City by private housing development in the absence of public assistance and to the extent feasible shall be utilized to provide housing opportunities to affordable households.

4.

Housing assisted with affordable housing impact fees shall be subject to long-term affordability covenants established through an affordable housing agreement.

5.

Prior to the distribution of funds, guidelines and administrative procedures shall be approved by City Council resolution, outlining the application, review, scoring/ranking or priority setting, distribution and use of trust fund monies.

(Ord. 1295, September 5, 2017)

It is the intent of this chapter that the requirements for affordable units shall not be determined by the availability of government subsidies. This is not to preclude the use of such programs or subsidies, if available. This chapter is also not intended to be an undue burden on the developers of residential projects. Therefore, as detailed below, the following provisions may be granted in association with the construction of affordable units.

A.

Density Bonus. Applicants constructing affordable units within a project may apply for concessions outlined in Chapter 20.81, Density Bonus, if eligible.

B.

Modification to Total Number of Units. The City may consider requests to reduce the total number of

required moderate income inclusionary units within a project, or increase the number of market rate units, if some or all of the inclusionary units are sold or rented at prices affordable to very low or low income households.

C.

Modification to Amenities in Affordable Units. The City may consider requests to modify the amenities in affordable units, provided that additional inclusionary units are built or the level of affordability associated with the affordable units is adjusted from moderate income to low or very low income households. D.

Planned Development Combining District. Should a proposed project exceed the required number of inclusionary units set forth in this chapter, an applicant may apply for the use of a planned development zoning designation as part of the project.

1.

The planned development zoning designation, as outlined in Chapter 20.57 allows the City and applicant to review and assess development standards for an established Zoning District, which may be of particular impact, value and benefit to the entire community, such as providing additional affordable units.

2.

A Planned Development Combining District request cannot be used in combination with density bonus regulations set forth in Chapter 20.81.

E.

Fee Waivers. In the attempt to avoid any undue burden on developers who are required to provide inclusionary units under the provisions of this chapter, the City may waive or reduce park dedication, development fees, and other City fees applicable to the inclusionary units in the project. F.

Technical Assistance. In order to emphasize the importance of securing low and very low income housing as a part of this program, City staff, other agencies, or designated consultants may provide advice on financial subsidy programs to applicants. During individual project review, the City may request that the applicant provide an economic analysis which will indicate the most suitable methods for the implementation of the requirements of this chapter. This is to be done with the objective of increasing the feasibility and lowering the cost of units affordable to moderate, low, and very low income households. (Ord. 1295, September 5, 2017)

A.

Purpose. A Housing Advisory Committee shall be created for the purpose of assisting staff and advising the City Council (and Planning Commission) on matters relating to the Housing Element of the General Plan and the Affordable Housing Ordinance.

B.

Appointment. The Housing Advisory Committee shall be appointed by the City Council. Members shall reside or work within the City. Term of service and number of individuals serving on the Housing Advisory Committee shall be outlined in the Committee by-laws, established in subsection C. C.

By-Laws. The City Council shall adopt by-laws containing rules and procedures for the transaction of business of the Housing Advisory Committee. The City Council may amend said by-laws from time to time. (Ord. 1295, September 5, 2017)

A.

Except as provided herein, no building permit or occupancy permit shall be issued, nor any development approval granted, for any project which does not meet the requirements of this chapter. B.

In addition to, or in lieu of, the provisions of subsection A of this section, the City may institute appropriate legal actions or proceedings including, but not limited to, equitable relief for the enforcement of any affordable housing agreement or the requirements set forth in this chapter.

(Ord. 1295, September 5, 2017)

A.

Any person aggrieved by any action involving denial, suspension or revocation of a building or occupancy permit or denial, suspension or revocation of any development approval may appeal such action or determination to the Planning Commission, with further appeal possible to the City Council by filing a written appeal to the Director of Planning and Building and paying the appropriate application fees.

B.

As part of an application for the approval of a residential project, an applicant may apply for a reduction, adjustment, or waiver of the requirements of this chapter based upon a showing, based on substantial evidence, that there is no reasonable relationship between the impacts of the project and the requirements of this chapter, or that applying the requirements of this chapter would result in an unconstitutional taking of property or would violate a provision of state or federal law. The applicant shall set forth in detail the requisite evidence to demonstrate the alleged unlawful result.

(Ord. 1295, September 5, 2017)

The provisions of this section are intended to comply with California Government Code Section 65915, the Mitigation Fee Act at Government Code Section 66000, et seq., and state and federal law. In the event that any provision of this section conflicts with state or federal law applicable to the City, state or federal law shall apply. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this section, or the invalidity of the

application thereof to any person or circumstances shall not affect the validity of the remainder of this section, or the validity or its application to other persons or circumstances. (Ord. 1295, September 5, 2017)

Chapter 20.81 DENSITY BONUS (§ 20.81.010 – § 20.81.150)

The purpose of this chapter is to provide incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, and senior households, in accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. In enacting this chapter, it is the intent of the City to facilitate the development of the goals, objectives, and policies of the housing element of the City's general plan.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

For the purposes of this chapter, the following words and phrases shall be interpreted as set forth in this section, unless these definitions have been amended in Government Code Section 65915 in which case state law shall control.

"Afordable units"

means units within a residential development which will be reserved for sale or rent to, and made available at an affordable rent or affordable ownership cost to very low, lower or moderate income households.

"Childcare facility,"

as defined in Government Code Section 65915(h)(4), means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age childcare centers.

"Density bonus,"

as defined in Government Code Section 65915(f), means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the City.

"Development standard,"

as defined in Government Code Section 65915(o)(2), includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

"Granting authority"

means the Building Official, Director, Zoning Administrator, Planning Commission, or City Council, as the case may be.

"Household income levels"

means those households whose gross incomes do not exceed the qualifying very low, lower, and moderate income limits established in 25 C.C.R. Section 6932, and amended periodically based on the U.S. Department of Housing and Urban Development ("HUD") estimate of median income in Marin County, and as adjusted by the State Department of Housing and Community Development. Pursuant to 25 C.C.R. Sections 6926, 6928 and 6930, these income limits are equivalent to the following:

"Very low income household" means persons and families whose gross incomes do not exceed 50% of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD.

"Lower income household" means persons and families whose gross incomes do not exceed 80% of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD. 3.

"Moderate income household" means persons and families whose gross incomes do not exceed 120% of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD.

"Housing development,"

as defined in Government Code Section 65915(i), means a development project for five or more residential units. For the purposes of this chapter, "housing development" also includes a subdivision or common interest development, as defined in Civil Code Section 4100, as approved by the City, and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would

be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

"Maximum allowable residential density,"

as defined in Government Code Section 65915(o)(6), means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. If the applicable zoning ordinance, specific plan, or land use element of the general plan does not include a standard for density in dwelling units per acre, the developer shall prepare a base density study to calculate the number of base units pursuant to the provisions of Government Code Section 65915(o)(6).

"Shared housing building"

as defined in Government Code Section 65915(o)(7)(A)(i) means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas that are designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building must adequately accommodate all residents. Such a "shared housing building" may

include other dwelling units that are not shared housing units, so long as those dwelling units do not occupy more than 25% of the floor area of the shared housing building. A shared housing building may include 100% shared housing units.

"Shared housing unit"

as defined in Government Code Section 65915(o)(7)(B) means one or more habitable rooms, not within another dwelling unit, which includes a bathroom, sink, refrigerator, and microwave, and is used for permanent residence.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

This chapter shall apply to all zoning districts within the City that allow residential use. B.

The proposed project shall have all of the following characteristics in order to qualify for a density bonus: 1.

The residential development must include a minimum of five dwelling units.

2.

The applicant seeks and agrees to construct housing units for very-low, lower or moderate income households or senior citizens as required by Government Code 65915.

3.

The applicant agrees to enter into an agreement with the City to retain the affordable status of housing units in accordance with Section 20.81.050 and such agreement shall be recorded as a covenant against

the property prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards or parking ratios pursuant to this section.

C.

The granting of a density bonus, incentive or concession, waiver or reduction of development standards, or parking ratio reduction, in and of themselves, shall not be interpreted to require a General Plan amendment, Zoning Map amendment, or other discretionary action for approval.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

Applications for a density bonus shall be filed with the Director of Planning and Building in writing on a form approved by the Director. The application and request for a density bonus, parking ratio reduction, waiver(s), and/or incentive(s) or concession(s) shall be filed concurrently with the main application for the proposed development.

B.

At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the City Council.

C.

The density bonus application shall include all of the following:

1.

Documentation of Requested Density Bonus.

a.

Evidence that the project includes the qualifying percentage of residential units set forth in Government Code Section 65915, excluding the additional units added by the granted density bonus. Evidence shall include the number of affordable units proposed to be included and the income category proposed for each of the affordable units;

b.

The gross parcel size in acres, the maximum dwelling unit per acre standard based on the land use and zoning for the parcel, and the resulting maximum number of dwelling units for the parcel based on gross parcel size in acres;

c.

The percentage density bonus and number of density bonus units requested, and the resulting density for the project, described in units per acre; and

d.

A written acknowledgement that the project will be subject to the affordability restrictions set forth in Section 20.81.050.

2.

Documentation of Requested Incentives or Concessions.

a.

The density bonus application shall include the number of incentives/concessions for which the application qualifies, the number of incentives/concessions requested, and a description of each of the requested incentives/concessions.

b.

The application should explain how each requested incentive/concession results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the affordable units.

3.

Documentation of Requested Waivers. The density bonus application shall document any requests to deviate from development standards.

4.

Documentation of Parking Ratio Reductions. The density bonus application shall document any request for parking ratio reductions and shall identify which subdivision of state law authorizes the particular parking ratio reduction requested.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

Rental Units. An applicant shall agree to, and the City shall ensure, continued affordability of all very low-, low- and moderate-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Except as otherwise required by state law, rents for the lower income density bonus units shall be set at an affordable rent, as defined in Health and Safety Code Section 50053.

B.

For-Sale Units. An applicant shall agree to, and the City shall ensure, that the for-sale unit(s) that qualified the applicant for the award of the density bonus meet one of the affordability conditions identified in state law.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

Except as otherwise may apply by virtue of Section 20.81.120 or 20.81.130, a request for a density bonus

pursuant to this chapter shall be granted only if the applicant agrees to construct a residential project that includes at least one of the categories of deed restricted dwelling units identified in Government Code Section 65915(b)(1).

B.

The applicant shall elect whether the bonus shall be awarded on the basis of subparagraphs (A) through (G) of Government Code Section 65915(b)(1), and may elect to accept a lesser percentage of density bonus than provided in Government Code Section 65915(f).

C.

Except where explicitly required by state law, the density bonuses available under this section shall not be combined.

D.

All density calculations resulting in fractional units shall be rounded up to the next whole number. (Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

In addition to the density bonus, an applicant who utilizes the density bonus provisions of this chapter may request one or more concession(s) or incentive(s), as allowed by state law.

B.

The City shall grant the applicant the number of incentive(s) and concession(s) required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). C.

Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments. (Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024) A.

Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal requesting waiver(s) or reduction(s) of development standards that have the effect of physically precluding the construction of a housing development including the affordable units and incorporating the density bonus and any incentives or concessions granted to the applicant.

B.

The City shall approve a waiver or reduction of a development standard, unless it finds at least one of the following:

1.

The waiver(s) application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the waiver(s) granted to the applicant;

2.

The waiver(s) or reduction(s) of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction of the development standard would be contrary to State or Federal law. (Ord. 1355, 9/16/2024)

A.

City staff shall process the application for a density bonus in the same manner as, and concurrently with, the proposed development application that is required by this Code.

B.

The City shall provide written notice to the applicant of the decision in the same manner as the approval of the project.

C.

Appeals of any request established in this chapter shall be pursuant to Chapter 20.100.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

An applicant shall not receive a density bonus or any other benefit permitted by this chapter if the housing development would be excluded under Government Code Section 65915, which includes, but is not limited to, projects that fail to "replace" existing housing units, as required by state law.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33% of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Health and Safety Code Section 50093, or 15% of the total units of the proposed condominium project to lower income households as defined in Health and Safety Code Section 50079.5, and agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either: (1) grant a density bonus; or (2) provide other incentives of equivalent financial value. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

B.

For purposes of this section only, "density bonus" means an increase in units of 25% over the number of apartments, to be provided within the existing structure or structures proposed for conversion. C.

For purposes of this section only, "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval.

D.

An applicant for approval to convert apartments to a condominium project may submit to the City a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The City shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The City shall establish procedures for carrying out this section, which shall include approval by the City Council of the means of compliance with this section. E.

Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums.

F.

An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under any other section of this chapter.

G.

An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the City's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed condominium project replaces those units, as defined in Government Code Section 65915(c)(3)(B), and either of the following applies:

1.

The proposed condominium project, inclusive of the units replaced pursuant to Government Code Section 65915(c)(3)(B), contains affordable units at the percentages set forth in subsection A.

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

The applicant for a project that qualifies for a density bonus under Government Code Section 65915 may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as stated below or as amended in state law.

1.

Zero to one bedroom units: one on-site parking space per unit.

2.

Two to three bedroom units: one and one-half on-site parking spaces per unit.

3.

Four and more bedrooms: two and one-half on-site parking spaces per unit.

B.

The parking ratios set forth in this section are inclusive of accessible and guest parking spaces. C.

All fractions of numbers shall be rounded up.

D.

An applicant may use tandem or uncovered parking spaces to meet these parking requirements.

E.

An applicant may request alternative parking standards beyond those provided in this section pursuant to state law or pursuant to Sections 20.81.070 and 20.81.075 of this Code.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

For any housing development that is granted a density bonus or other benefit pursuant to this chapter, the affordable units that qualify the project as eligible for a density bonus must be constructed concurrently with or prior to the construction of any market rate units.

B.

In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project. The number of bedrooms of the affordable unit(s) shall be equivalent to the bedroom mix of the market rate units in the development.

C.

Exterior architectural appearance shall not differentiate between affordable and market rate units. (Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

When the applicant proposes to construct a housing development that includes a "child-care facility," as defined in this chapter, to be located on the premises of, part of, or adjacent to the housing development, the City shall grant an additional density bonus or additional incentives, concessions and/or waivers, as prescribed in Government Code Section 65915(h).

B.

Approval of requests contained in subsection A above shall be governed by state regulations contained in Government Code Section 65915.

C.

Notwithstanding the foregoing, the City shall not be required to grant a density bonus or concession under this section if it determines, based on substantial evidence, that the community has adequate childcare facilities.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

A.

An applicant for a tentative subdivision map, parcel map, or other residential development who donates land to the City, as provided for in this section, shall be entitled to a density bonus as contained in Government Code Section 65915(g).

B.

When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next whole number.

C.

An applicant shall be eligible for the increased density bonus described in this section when all of the requirements established in Government Code Section 65915(g) are met.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

The provisions of this chapter shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

(Ord. 1266 § 1, December 1, 2014; Ord. 1355, 9/16/2024)

Chapter 20.85 REQUESTS FOR REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACTS (§ 20.85.010 – § 20.85.070)

The purpose of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests.

er is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests.

In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter applies only to those persons who are defined as disabled under the Acts.

A.

Requests for reasonable accommodation, in a form approved by the Director of Planning and Building, together with the appropriate fee, as established by resolution adopted by the City Council, and other required information, shall be filed in the office of the Department of Planning and Building. B.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this title (including, but not limited to, a conditional use permit, design review,

variance, general plan amendment or zone change), the application shall be submitted and reviewed at the same time as the related applications.

A.

If an application under this chapter is filed without any accompanying application for another approval, permit or entitlement under this title, it shall be heard and acted upon by the Planning Director without a hearing.

B.

If an application under this chapter is filed with an application for another approval, permit or entitlement under this title, it shall be heard and acted upon at the same time and in the same manner as such other application, and shall be subject to all of the same procedures.

(Ord. 1351, 5/6/2024)

A.

Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

1.

The housing, which is the subject of the request, will be used by an individual disabled under the Acts. 2.

The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the City.

4.

The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning.

5.

The requested reasonable accommodation would not adversely impact surrounding properties or uses. 6.

There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the City's applicable rules, standards and practices. B.

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A above.

(Ord. 1351, 5/6/2024)

Any decision on an application under this chapter shall be subject to appeal pursuant to Chapter 20.100 of the Municipal Code.

Any approval or conditional approval of an application under this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. 1209, November 21, 2005)

Chapter 20.90 ACCESSORY DWELLING UNITS (§ 20.90.010 – §

20.90.080)

It is the intent of these regulations to provide opportunities for new accessory dwelling units (ADUs) and junior ADUs (JADUs) consistent with state law and local regulations. ADUs and JADUs are intended to provide independent living units for family members, students, the elderly, in-home health and childcare providers, and others within existing residential neighborhoods.

(Ord. 1330 § 2, November 15, 2021) See Chapter 20.08.

(Ord. 1330 § 2, November 15, 2021)

A.

General Requirements. An ADU and JADU shall comply with the following requirements:

1.

One ADU may be constructed on a lot zoned to allow single family or multiple family dwelling residential use.

2.

One JADU may be constructed per residential lot in zoning districts permitting single family dwelling residential use.

3.

One JADU and one ADU may be constructed on a single family residential lot where the JADU and ADU meet the requirements in Government Code Section 65852.2(e).

4.

Multiple converted or detached ADUs may be constructed on a lot with an existing multiple family dwelling, where consistent with Government Code Section 65852.2(e)(1)(C) and (D).

5.

All proposed ADUs and JADUs must satisfy all applicable building, fire and safety standards, including, but not limited to, fire lane widths, minimum fire flows and emergency egress, as set forth in the California Building Standards Code and MVMC Titles 14 and 15.

6.

All ADUs and JADUs located in the floodplain shall comply with Title 18 of this Code.

If the construction of an ADU is proposed within 30 feet of the top of the bank for any watercourse identified in Chapter 20.76, the applicant shall provide the Building Department with all applicable permits from outside agencies, including, but not limited to, the San Francisco Bay Regional Water Quality Control Board, California Department of Fish and Wildlife, the Army Corps of Engineers, State Water Resources Control Board and/or U.S. Fish and Wildlife Service.

A permanent address is required for an ADU.

9.

Prior to receiving a building permit for an ADU, the local water or sewer agency shall submit letters of service availability for water and sewer disposal to the Building Official.

Any ADU or JADU legally created shall be governed by the zoning regulations in effect at the time of approval.

11.

The overall height of an ADU is defined as the vertical distance of the lowest exterior wall measured from finished grade to the highest point of the unit, which may be the ceiling in the case of an ADU located in the basement or lower floor of a single family or multi-family dwelling, or the roof ridge in the case of a detached ADU or ADU on the top floor.

12.

ADUs that qualify for reduced rear and side setbacks under Government Code Section 65852.2 and are located on double frontage or corner lot shall use the following criteria to determine rear and side setbacks.

a.

Double frontage, through lots shall maintain the exterior yard setback for the primary frontage containing either the driveway encroachment or in association with the orientation of the home. The opposite frontage shall be considered the "rear yard" for purposes of Government Code Section 65852.2.

b.

Corner lots with frontage on two streets shall maintain the exterior yard setback for the primary frontage containing either the driveway or orientation of the home; the remaining street frontage shall be considered the "side yard" for purposes of Government Code Section 65852.2.

B.

Restrictions. All ADUs and JADUs shall be subject to the following restrictions:

1.

The development and use of the ADU or JADU shall only be valid and permitted based on the terms established in the chapter.

2.

A deed restriction shall be required for all ADUs or JADUs. Prior to obtaining a building permit for an ADU or JADU, a deed restriction shall be recorded with the County Recorder's Office, which shall include the restrictions and limitations identified in this section. Said deed restriction shall run with the land and shall be binding upon any successor in ownership of the property. A copy of the final recorded deed restriction shall be filed with the Planning Department prior to the final inspection for the construction of the project, stating that:

a.

The ADU or JADU shall not be sold separately from the primary residence, except as permitted by Government Code Section 65852.26.

b.

If the ADU or JADU is rented, it shall not be rented for a period of less than 30 consecutive days.

c.

The ADU or JADU shall be restricted to the gross floor area granted at the time of building permit. Any owner wishing to incorporate the gross floor area of the ADU or JADU back into the primary dwelling unit must request termination of the ADU or JADU use under this chapter, satisfying all zoning and development standards such as setbacks, floor area and lot coverage.

d.

The owner and all successors in interest in the subject property shall agree to respond to the City of Mill Valley's annual survey of owners of all ADUs or JADUs to determine use, code consistency and for reporting purposes to the State Department of Housing and Community Development (HCD). e.

The owner and all successors in interest in the subject property shall maintain the ADU or JADU in accordance with all applicable regulations established in this chapter. Violations and lack of compliance with any provisions of this section may result in legal action against the property owner, including

revocation of any right to maintain an ADU or JADU on the property as outlined in Sections 20.90.070 to 20.90.080, and shall be subject to administrative fines and penalties as contained in Chapter 8.02 of the Mill Valley Municipal Code.

f.

JADUs only: Owner-occupancy is required for parcels with a JADU, consistent with Section 20.90.060. (Ord. 1330 § 2, November 15, 2021)

A.

Projects Exempt from Obtaining an ADU Permit.

1.

As provided under Government Code Section 65852.2(e)(1), an owner shall not be required to submit an application for an ADU permit under subsection B below, and may instead seek building permit approval for the following types of units that are located within residential or mixeduse zones:

a.

Junior ADUs meeting the requirements of Government Code Sections 65852.2(e)(1)(A) and 65852.22. b.

Converted ADUs meeting the requirements of Government Code Sections 65852.2(e)(1)(A) or 65852.2(e)(1) (C).

c.

New construction of detached ADUs meeting the requirements of Government Code Sections 65852.2(e)(1) (B) or 65852.2(e)(1)(D).

2.

Projects that are exempt from obtaining an ADU permit under this provision are still subject to tree removal permit, grading permit, and other applicable construction-related permit requirements. B.

Projects Subject to ADU Permit Review and Timelines.

1.

The planning director or his or her designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this Title 20, including Chapter 20.67.

2.

ADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2.

3.

Where an ADU permit application is submitted with an application for a single family dwelling or multiple family dwelling that is subject to design review under Chapter 20.66, the ADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to Chapter 20.66.

4.

In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit, tree removal permit if applicable, and other applicable construction permit requirements prior to the construction of the unit.

C.

Fees.

The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees except as specifically provided in California Government Code Sections 65852.2 and 65852.22.

(Ord. 1330 § 2, November 15, 2021)

Except for those ADUs approved under Section 20.90.040(A), an ADU shall comply with the following

development standards. Exceptions to the development standards may be requested and granted through the discretionary design review process in Chapter 20.66.

A.

Development Standards.

1.

An ADU shall conform to all lot coverage, adjusted floor area, and setback regulations applicable to the zoning district in which the property is located, except in the following cases:

a.

ADUs or JADUs that are not required to obtain an ADU permit as provided under Section 20.90.040(A). b.

Where the application of lot coverage, adjusted floor area, and setback violates Government Code Section 65852.2(c)(2)(C).

c.

No setback shall be required for a converted ADU that is within an existing structure or that is within a structure constructed in the same location and to the same dimensions as an existing structure. For all other ADUs, the maximum required setback from side and rear lot lines shall be four feet.

d.

Exterior structures such as a deck, breezeway or trellis must comply with the setbacks for the applicable zoning district.

2.

Studio and one-bedroom ADUs shall not exceed 850 square feet of gross floor area. ADUs with more than one bedroom shall be limited to a maximum of 1,000 square feet of gross floor area, except for those internal converted ADUs that are within the existing walls of a primary single-family residence, which shall be limited to a maximum of 1,200 square feet of gross floor area.

3.

If there is an existing primary dwelling, an attached ADU shall not exceed 50% of the maximum adjusted floor area for the primary dwelling as calculated in Section 20.16.040(A)(2) for the subject lot, but in no case shall the ADU be less than 150 square feet, nor more than 1,000 square feet in gross floor area.

4.

A detached ADU shall not exceed 16 feet in height; or, when located above a garage, the combined height of the ADU and the garage shall not exceed 25 feet.

B.

Architectural Style and Building Form.

1.

An ADU shall include permanent provisions for living and sleeping, including a closet or other storage.

2.

The following architectural details of the ADU shall be reflective of the architectural style of the primary residence: window design, roof pitch, materials, colors, finish texture, doorway design, and trim.

3.

Lighting shall be shielded or directed downward and in such a way that it is not visible at the property lines. 4.

Windows shall not be located with a direct line of sight to windows of adjacent properties. Obscured glass, clerestory windows, and other techniques may be used to avoid line of sight.

5.

An ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence, other accessory structures and any adjoining residences.

6.

A permanent foundation shall be required for all ADUs.

C.

Off-Street Parking.

1.

In addition to the off-street parking space(s) required for the primary residence, one off-street parking space shall be provided for each ADU, except when:

a.

The ADU is located within one-half mile walking distance of public transit. For purposes of this chapter, "public transit" has the same meaning as in Government Code Section 65852.2(j).

b.

The ADU is entirely within a proposed or existing primary dwelling or other existing structure.

c.

The ADU is located within a historic district.

d.

On-street parking permits are required but not offered to the occupant of the ADU.

e.

There is a City-approved and dedicated parking space for a car share vehicle located within one block of the ADU.

2.

When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. If the ADU is removed from use, the single family dwelling unit shall be required to comply with parking standards established in Section 20.60.090, as well as all other development standards applicable to the zoning district.

3.

The location of the required parking space(s) shall not obstruct the parking of the primary residence and shall be a minimum of 20 feet in length. The required parking spaces for the ADU may be uncovered. Parking may be provided within the front setback between an existing driveway and the closest side of the property line if the slope of the site is 10% or less, with the approval of the planning director.

(Ord. 1330 § 2, November 15, 2021)

Junior accessory dwelling units shall comply with the following:

A.

Owner Occupancy.

1.

The owner of a parcel proposed for a JADU shall occupy as a principal residence either the single family dwelling unit or the JADU. The JADU shall be considered legal only so long as the owner occupies either the single family dwelling unit or the JADU.

Notwithstanding subsection (A)(1) above, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

B.

Development Standards.

1.

The JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of the JADU.

2.

One JADU may be constructed on a lot zoned for single-family residential use, where there is a singlefamily dwelling unit existing or proposed to be built on the lot. The JADU must be contained entirely within the walls of the existing or proposed single family dwelling unit.

3.

The JADU shall include an efficiency kitchen meeting the requirements of California Government Code Section 65852.22.

4.

A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.

5.

An interior entry to the main living area shall be provided to serve a JADU. Such interior entry may include a second interior doorway for sound attenuation.

6.

A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

7.

Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.

C.

Parking. No additional parking is required for a JADU.

(Ord. 1330 § 2, November 15, 2021)

A.

No building permit shall be issued to remove permanent features of an ADU or JADU, including the provisions for eating, cooking and sanitation, and separate exterior entrance until written approval to terminate the use of living space as an ADU or JADU is granted by the Planning Department. B.

At its discretion, the Planning Director may grant an owner's written request to terminate an ADU or JADU and deed restriction. The planning director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the ADU or JADU, and the impact on the City's affordable housing supply.

C.

As a condition of termination, the Planning Director shall require the owner to make modifications to the property to comply with: (1) current building code requirements; and (2) current development standards in effect at the time the request is made to terminate use, including, but not limited to, setbacks, heights, parking and adjusted floor area. The owner shall apply for a building permit to make such modifications as required by the City's building and fire codes.

D.

In no case shall the ADU or JADU be terminated, if the proposed termination would require a variance to exceed adjusted floor area for the single family dwelling unit.

E.

Requests to terminate an ADU created from either: (1) the conversion of space including a garage, carport or covered parking structure; or (2) the exemption from lot coverage or floor area: an ADU may be terminated, should the owner illustrate compliance with off-street parking requirements established in Section 20.60.090, as well as all applicable development standards for the zoning district, including, but not limited to: height, setback and allowable floor area.

(Ord. 1330 § 2, November 15, 2021)

A.

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. An ADU or JADU will be found in violation of this chapter when the dwelling unit has been created without the required City approvals or does not comply with standards and deed restrictions established in this chapter. Violations are subject to the enforcement penalties and procedures of Chapter 8.02 of this Code.

B.

In addition to the enforcement penalties and procedures included in Chapter 8.02 of this Code, the City may pursue any remedies provided by law against the owner of an ADU or JADU found to be in violation of this chapter, or an ADU or JADU not maintained in conformance with this chapter including:

1.

Revocation of the ADU or JADU permit;

2.

Where an ADU or JADU has been improperly terminated and is being used as habitable space for the primary dwelling unit, removal of the floor area serving as habitable space may be required; and 3.

In any civil enforcement action, the City is entitled to recover attorneys' fees and costs from an owner who is determined to have an illegal ADU or JADU or is in violation of this chapter. (Ord. 1330 § 2, November 15, 2021)

Chapter 20.91 TWO-UNIT PROJECTS IN SINGLE FAMILY ZONES (§ 20.91.010 – § 20.91.060)

A.

It is the intent of these regulations to provide opportunities for two units on one legal parcel in the RS Zoning District, consistent with state law and local regulations. In the event of an inconsistency between this chapter and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail. B.

A two-unit project shall not be permitted under this chapter in any of the following circumstances: 1.

Parcels located in:

a.

The coastal zone;

b. Wetlands;

c.

Very high fire severity zones, except if the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;

d.

A hazardous waste site, unless site has been cleared by the state for residential use;

e.

Delineated earthquake fault zones, unless the development complies with applicable seismic protection building code standards;

f.

Special flood hazard areas (100-year flood zones), unless the site has been subject to a FEMA Letter of Map Revision issued to the City or the site meets FEMA requirement necessary to meet minimum flood plain management criteria of the National Flood Insurance Program;

g.

A regulatory floodway identified in a FEMA map, unless the development has received a no-rise certification;

h.

Lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement; and

i.

A historic district or property designated pursuant to a local ordinance or included on the State Historic Resources Inventory.

2.

The proposed development would require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;

b.

A rent controlled unit;

c.

A unit that has been occupied by a tenant within the past three years;

d.

Housing units removed from the rental market within the past 15 years under the Ellis Act. 3.

The proposed development would result in the demolition of more than 25% of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years. 4.

The building official finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided. (Ord. 1331 § 2, November 15, 2021)

A.

General Requirements. A proposed two-unit project shall comply with the following requirements: 1.

A two-unit project shall be considered a permitted use on a parcel in the RS Zoning District, subject to the requirements of this chapter.

2.

A two-unit project located in the floodplain shall comply with Title 18 of this Code.

3.

If the construction of a two-unit project is proposed within 30 feet of the top of the bank for any watercourse identified in Chapter 20.76, the applicant shall provide the Building Department with all

applicable permits from outside agencies, including, but not limited to, the San Francisco Bay Regional Water Quality Control Board, California Department of Fish and Wildlife, the Army Corps of Engineers, State Water Resources Control Board and/or U.S. Fish and Wildlife Service.

4.

A permanent address is required for each dwelling unit.

5.

Prior to receiving a building permit, the local water or sewer agency shall submit letters of service availability for water and sewer disposal to the Building Official.

6.

Any two-unit project legally created shall be governed by the zoning regulations in effect at the time of approval.

B.

Restrictions. A qualifying two-unit project shall be subject to the following restrictions:

1.

The development and use of the dwelling units shall only be valid and permitted based on the terms established in the chapter.

2.

The dwelling unit(s) shall not be rented for a period of less than 30 consecutive days.

3.

Any owner wishing to modify the number of units must request termination of a dwelling unit under this chapter, satisfying all zoning and development standards such as setbacks, floor area and lot coverage.

4.

The owner and all successors in interest in the subject property shall agree to respond to any City of Mill Valley survey of owners of all dwelling units to determine use, code consistency and for reporting purposes to the State Department of Housing and Community Development (HCD).

5.

The owner and all successors in interest in the subject property shall maintain the dwelling units in accordance with all applicable regulations established in this chapter. Violations and lack of compliance with any provisions of this section may result in legal action against the property owner, including revocation of any right to maintain the dwelling units on the property as outlined in Sections 20.91.050— 20.91.060, and shall be subject to administrative fines and penalties as contained in Chapter 8.02 of the Mill Valley Municipal Code.

(Ord. 1331 § 2, November 15, 2021)

A.

Two-Unit Projects Subject to Ministerial Planning Director Approval.

1.

The Planning Director or his or her designee shall ministerially review and approve a two-unit application and shall not require a public hearing, provided that the submitted application is complete and

demonstrates that the two-unit project complies with the requirements contained in this Title 20 and qualifies under Government Code Section 65852.21(a).

2.

Where a qualified two-unit application is submitted with an application for other redevelopment work that is subject to design review under Chapter 20.66, the application will be considered separately without

discretionary review or a public hearing, following action on the portion of the project subject to Chapter 20.66.

3.

In addition to obtaining planning approval for the two-unit project, the applicant shall be required to obtain a building permit, tree removal permit if applicable, and other applicable construction permit requirements prior to the construction of the dwelling units.

(Ord. 1331 § 2, November 15, 2021)

Proposed two-unit applications that comply with Government Code Section 65852.21 are subject to the development standards in this section and the objective design guidelines established in the City of Mill Valley's single family design guidelines, as adopted and amended from time to time. A.

Development Standards.

1.

A two-unit project shall conform to all objective zoning, subdivision, and design standards applicable to the RS Zoning District, except as expressly provided in this chapter. Notwithstanding the above, if the application of an objective standard would require one or both units to be less than 800 square feet, such standard shall be waived to the extent necessary to allow construction of a unit(s) of at least 800 square feet.

2.

See Section 20.16.040(A) for adjusted floor area allowances, except as follows: those parcels that are less than 6,000 square feet may not apply deductions under Section 20.16.040(A)(1)(b).

3.

Maximum height of a two-unit project is 25 feet above natural grade to the highest point of the roof. Buildings may be built up to 35 feet within the lot area, should the two units be consolidated within one structure and comply with the allowable setbacks granted under the single family zoning district.

4.

Maximum lot coverage is based on Section 20.16.040(D), which includes the total footprint of all structures, including, but not limited to, the Duplex, garage, all accessory buildings and decks over 18 inches above grade.

5.

A two-unit project shall include two primary dwelling units where either:

a.

Both units are greater than 1,000 square feet; or

b.

The square footage ratio between the two units are no greater than 2:3 (for example, if one unit were 900 square feet, the other would need to be at least 600 square feet).

6.

One-bedroom dwelling units may not exceed 850 square feet of gross floor area.

7.

Useable outdoor living space shall be split equally between each unit. Areas paved for the storage or movement of motor vehicles or bicycles cannot be considered usable outdoor living space.

8.

Front exterior yard setback shall be 15 feet from the street property line, with exemptions granted for parking structures on sloped lots, see Section 20.60.080.

9.

Setbacks from the side and rear lot property lines shall be no less than four feet, except in the case of existing structures or structures constructed in the same location and to the same dimensions as an existing structure. Double frontage and corner lots shall use the following criteria to determine rear and side yard setbacks.

a.

Double frontage, through lots shall maintain a front exterior yard setback for the primary frontage containing either the driveway encroachment or in association with the orientation of the home. The opposite frontage shall be considered the rear yard.

b.

Corner lots with frontage on two streets shall maintain a front exterior yard setback for the primary frontage containing either the driveway or orientation of the home. The remaining street frontage shall be considered the side yard.

B.

Building Form.

1.

Dwelling units shall include permanent provisions for living, eating and sleeping, including a kitchen and bedroom closet or other storage.

2.

Dwelling units shall have separate exterior entries facing the street and may not have an internal connection between units.

3.

A permanent foundation shall be required.

C.

Off-Street Parking.

1.

One off-street parking space is required per dwelling unit, unless the parcel is located within one-half mile of a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel.

2.

The location of the required parking space(s) shall not obstruct the required parking of each dwelling unit and shall be a minimum of 20 feet in length.

3.

Tandem parking is prohibited between units.

4.

The required parking spaces must be covered and may encroach in the within the front setback based on Section 20.60.080.

(Ord. 1331 § 2, November 15, 2021)

A.

No building permit shall be issued to remove permanent features of the two-unit project, including the provisions for eating, cooking and sanitation, and separate exterior entrance until written approval to terminate the use of living space is granted by Planning Department.

B.

At its discretion, the Planning Director may grant an owner's written request to terminate the use of a dwelling unit. The planning director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the duplex, and the impact on the City's affordable housing supply.

C.

As a condition of termination, the Planning Director shall require the owner to make modifications to the property to comply with: (1) current building code requirements; and (2) current development standards in effect at the time the request is made to terminate use, including, but not limited to, setbacks, heights, parking and adjusted floor area. The owner shall apply for a building permit to make such modifications as required by the City's building and fire codes.

D.

In no case shall the dwelling unit be terminated, if the proposed termination would require a variance to exceed adjusted floor area for the single family dwelling unit.

(Ord. 1331 § 2, November 15, 2021)

A.

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A property will be found in violation of this chapter when the dwelling unit has been created without the required City approvals or does not comply with standards and deed restrictions established in this chapter. Violations are subject to the enforcement penalties and procedures of Chapter 8.02 of this Code.

B.

In addition to the enforcement penalties and procedures included in Chapter 8.02 of this Code, the City may pursue any remedies provided by law against the owner found to be in violation of this chapter, or a property not maintained in conformance with this chapter including:

1.

Revocation of the livable space as two-units;

2.

Where a dwelling unit has been improperly terminated and is being used as habitable space for a single primary dwelling unit, removal of the floor area serving as habitable space may be required; and

3.

In any civil enforcement action, the City is entitled to recover attorneys' fees and costs from an owner who is determined to have an illegal dwelling unit or is in violation of this chapter. (Ord. 1331 § 2, November 15, 2021)

Chapter 20.100 APPEALS (§ 20.100.020 – § 20.100.160)

This chapter shall apply to all chapters in Titles 20 and 21 except those wherein alternative appeal procedures are specified.

Any person aggrieved by any determination, interpretation, decision, conclusion, decree, judgment or similar action taken by any administrative personnel under the provisions of Titles 20 and 21 may appeal the action to the Planning Commission, with the exception of a ministerial action, including, but not limited to:

A.

An urban lot split pursuant to Chapter 21.29 of Title 21.

B.

A two-unit development pursuant to Chapter 20.91 of Title 20.

C.

An accessory dwelling unit permit pursuant to Chapter 20.90 of Title 20.

D.

A housing development pursuant to Section 20.30.020(B) of Title 20.

E.

Any state law that requires the City to ministerially approve, without discretionary review, a planning or permitting application related to a housing development project.

(Ord. 1188 § 19, June 2, 2003; Ord. 1358, 5/19/2025)

Actions by the Zoning Administrator may be appealed to the Planning Commission.

Actions or appellate determinations of the Planning Commission may be appealed to the City Council. Appeals shall be addressed to the appellate body in writing, and shall state the basis of the appeal. Appeals, on all matters other than tentative subdivision maps, shall be filed in the office of the appellate body in Mill Valley City Hall not later than 5:00 p.m. of the 10th calendar day following the date of the action from which an appeal is taken. Appeals on actions of tentative subdivision maps shall be filed in the office of appellate body not later than 5:00 p.m. on the 15th calendar day following the date of action from which the appeal is taken. Appeals shall be accompanied by the filing fee as specified by resolution adopted by City Council.

Notice of hearing shall be given as specified in Section 20.60.200.

The Planning Commission shall hold at least one public hearing on a decision that has been appealed within 60 days of the appeal after the appeal is received by the Director of Planning and Building. The Commission may continue the matter from time to time and may consider any issue or evidence relevant to the appealed matter, in addition to the specific grounds for the appeal. The Commission may affirm, reverse, or modify a decision that has been appealed. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the Commission members present and

voting.

(Ord. 1182 § 11, April 2, 2002; Ord. 1332 § 1, December 6, 2021)

The Council shall hold at least one public hearing on a decision that has been appealed within 60 days of the appeal after the appeal is received by the City Clerk. The Council may continue the matter from time to time and may consider any issue or evidence relevant to the appealed matter, in addition to the specific grounds for the appeal. The Council may affirm, reverse, or modify a decision that has been appealed. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the Council members present and voting.

(Ord. 1182 § 11, April 2, 2002; Ord. 1332 § 1, December 6, 2021)

All rights of appeal are exhausted when the proceedings set forth herein have been completed.

Notwithstanding any provision of this chapter, any matter which must ultimately be decided and/or enacted by the City Council shall not be subject to the right of appeal set forth herein.

(Ord. 1042 § 7, September 3, 1985)