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:
1. 
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;
3. 
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)
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)