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.
2. 
Notice of public hearings shall be provided as specified in Section 20.60.200.
3. 
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 one-year 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)