(Note: Chapter 20.40, C-G Districts—General Commercial Districts, derived from Ord. 820; Ord. 888; Ord. 1106; Ord. 1203; Ord. 1219; Ord. 1264; Ord. 1278; Ord. 1297; Ord. 1304; Ord. 1351; and Ord. 1354, was repealed and replaced by Ord. 1368, 4/20/2026.)
A. 
The overall purposes and intents of commercial districts are as follows:
1. 
Regulate the location and operation of businesses to maintain the city's character, the diversity and economic vitality of the community's commercial districts and the quality of life of residents, consistent with the General Plan.
2. 
Provide for a full range of commercial uses needed by residents, visitors and workers.
3. 
Minimize the impact of commercial development on adjacent residential districts.
4. 
Provide opportunities for residential development in commercial districts subject to density and development standards.
B. 
The purpose and intent of each commercial district is as follows:
1. 
C-D (Downtown Commercial) District. Create an attractive, vibrant, and walkable downtown with character and charm, and maintain downtown Mill Valley as a social, commercial, intellectual, cultural and entertainment center of the community. New buildings should be multi-story. Retail, restaurant, entertainment and service uses are encouraged on ground floors and residential and office uses are encouraged on upper floors. Multifamily residential development without a commercial component is appropriate in Housing Overlay Districts under certain conditions (see Chapter 20.30).
2. 
C-N (Neighborhood Commercial) District. Provide local-serving commercial corridors with a compatible mix of retail, restaurant, service and office uses as well as small-scale residential developments. Multifamily residential development without a commercial component is appropriate in Housing Overlay Districts under certain conditions (see Chapter 20.30).
3. 
C-G (General Commercial) District. Provide commercial uses intended to serve the larger community with larger shopping centers and commercial developments. Development may include a variety of commercial and office functions. Residential development may be appropriate on upper floors or away from commercial corridors. Multifamily residential development without a commercial component is appropriate in Housing Overlay Districts under certain conditions (see Chapter 20.30).
4. 
C-L (Limited Commercial) District. Serve as a transition between commercial and residential districts and uses. Offices and other quiet commercial uses as well as mixed-use residential development are appropriate land uses for this district. Multifamily residential development without a commercial component is appropriate in Housing Overlay Districts under certain conditions (see Chapter 20.30) or on sites originally permitted for residential use.
C. 
Additional purposes and intents of specific commercial character areas are as follows:
1. 
Downtown/Town Center. The Town Center/Lytton Square area serves as the primary commercial and civic center for the community. The area features small scale lots mainly zoned Downtown Commercial (C-D) with building footprints abutting pedestrian sidewalks. Maintaining an eclectic mix of small storefronts is essential to preservation of the downtown character. Multifamily and small-lot single family development surrounds the core commercial area.
2. 
Miller Avenue "Main Street." The Miller Avenue Main Street area is the active center of the Miller Avenue corridor from Willow Street to Reed/Valley Circle, zoned Neighborhood Commercial (C-N). This area provides for both neighborhood serving commercial uses on the ground floors of buildings and mixed use with residential above. New development should meet the street and have a "main street" feel, with an emphasis on the pedestrian environment.
3. 
Miller Avenue "Gateway." The Miller Avenue Gateway area includes medium- to large-scale commercial development zoned General Commercial (C-G) and Neighborhood (C-N) at the transition from the Miller Avenue "Main Street" district at Reed/Valley Circle to the intersection of Miller Avenue and Camino Alto, which serves both as a neighborhood shopping area for the adjacent residential neighborhoods as well as a location for community-wide services. This area will continue its current development pattern and can accommodate housing types with a density range in accordance with the adopted Land Use Map.
4. 
Alto Center. The Alto Center area accommodates commercial and office land uses while providing mixed-use and residential opportunities. 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.
5. 
Redwood Highway. The Redwood Highway area accommodates General Commercial (C-G) uses while also providing higher density residential in accordance with the adopted Land Use Map. The area features large-lot developments in close proximity to Highway 101 hosting a variety of regional serving commercial and office functions.
6. 
Near East Blithedale. The Near East Blithedale area is mainly zoned Limited Commercial (C-L) and serves as a transition from the higher density downtown commercial/mixed-use and downtown residential zones. Intensive commercial uses or uses which are more regional serving in nature should be discouraged.
(Ord. 1368, 4/20/2026)
A. 
Allowed Uses. The uses allowed in commercial zoning districts shall be as provided in Table 20.40-1. Certain allowed uses are permitted by right, while other allowed uses require a conditional use permit (CUP) or administrative use permit (AUP). See Chapter 20.64 for CUP and AUP process and findings.
Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See Section 20.60.140 for regulations regarding legal nonconforming uses.
B. 
Multiple Uses. If a proposed project involves more than one use, the level of approval required for the project shall be that of the use with the highest level of approval.
C. 
Consolidation of Uses. Consolidation of two or more smaller tenants into one larger tenant space requires a CUP in the C-D district subject to maximum floor area as provided in Table 20.40-1.
D. 
Division of Uses. Division of an existing tenant space over 5,000 square feet in any commercial zone district into two or more smaller tenant spaces requires an AUP unless a higher level of approval is otherwise required per Table 20.40-1. In addition to the findings specified in Chapter 20.64 of this title, the Director of Planning and Building must also find that the loss of the large commercial space will not adversely affect the opportunity to retain a mix of commercial uses within the community.
E. 
Similar Uses. Any use not listed in Table 20.40-1 as permitted or conditionally permitted is specifically prohibited unless a use determination by the Director of Planning and Building is made which finds the unlisted use is of the same general character as a use listed in Table 20.40-1 and meets the purpose and intent of the zoning district where the use is proposed. The unlisted use shall be subject to the use permit applicable to the similar listed use.
F. 
Accessory Uses. Uses that are accessory to a primary use are allowed if they comply with all relevant development standards. Examples of accessory uses include but are not limited to accessory office space serving first floor retail and limited retail associated with personal and business services.
G. 
Temporary Uses. Temporary uses on private property may be allowed in the C-G, C-N, C-D, or C-L district with a temporary use permit (TUP) pursuant to Section 20.64.070. Temporary uses on public property may be allowed with a permit pursuant to Chapter 11.34 and the Mill Valley Special Event Application Handbook.
H. 
Change of Use. Use permits run with the land. A new use may operate under an existing CUP or AUP that was established for a prior use if the new use is the same type of use and in compliance with the conditions of approval of the existing use permit. Otherwise, a new use permit or use permit amendment may be required. See Section 20.64.080 for the change of use process.
I. 
Table 20.40-1 identifies the land uses allowed in the commercial zoning districts and the land use permit required to establish each use. The "Specific Use Regulations" column in Table 20.40-1 includes municipal code sections with regulations and definitions that apply to specific land uses. Provisions of other sections of this municipal code may also apply. All square footage numbers provided in this table are gross floor area.
Key to Zone Symbols
Key to Permit Symbols
C-G: General Commercial
P: Use is allowed without a use permit
C-N: Neighborhood Commercial
A: Administrative use permit
C-D: Downtown Commercial
C: Conditional use permit
C-L: Limited Commercial
- : Use is not allowed
Table 20.40-1. Allowable Land Uses and Permit Requirements for Commercial Zoning Districts
Land Use Type
Permit Required by Zone
Specific Use Regulations
Uses
C-G
C-N
C-D
C-L
COMMERCIAL
Animal services
Grooming, training, pet stores (see "retail" for pet supply sales)
A
A
C
C
Overnight stay (veterinary offices, hospitals, kennels, shelters)
C
C
C
—
Chapter 6.04: Animal Services
Automobile services
Automobiles - sale or rental (see "retail" for auto parts sales)
C
—
—
—
Service station, minor repair services (lube and tube)
P
A
C
C
§ 20.08.161.3: Service station, minor repair services
Major repair services
A
C
—
—
§ 20.08.161.2: Service station, major repair services
Car wash services
C
C
—
—
§ 20.40.044: Specific regulations: drive-through facilities
Electrical vehicle charging stations
P
P
P
P
Chapter 14.50: Electric vehicle charging stations
Food and beverage services
Chapter 7.12: Food establishments
§ 20.08.069.5: Drinking establishment
§ 20.08.168: Specialty food establishment
§ 20.40.040: Specific regulations — food and beverage service
§ 20.40.041: Specific regulations — food trucks on private property
§ 20.40.042: Specific regulations — live entertainment and drinking establishments
§ 20.40.044: Specific regulations: drive-through facilities
Chapter 20.65: Outdoor dining regulations
Restaurant/cafe/specialty food establishment < 3,000 sf
P
P
P
C
Restaurant/cafe/specialty food establishment 3,001 — 5,000 sf
P
P
C
C
Restaurant/cafe/specialty food establishment > 5,000 sf
A
C
C
—
Drive-through restaurant
C
C
—
—
Drinking establishment (bar, cocktail lounge, tavern, tasting room, brewery/winery/distillery)
C
C
C
C
Food truck, private property
A/C
A/C
A/C
—
Grocery store < 15,000 sf
A
A
C
—
Grocery store > 15,000 sf
A
C
—
—
Liquor store/alcoholic beverage sales (consumption off premises)
C
C
C
—
Farmers market, private property
C
C
C
—
Lodging (hotels, motels, bed and breakfasts)
C
C
C
—
Offices (business and professional, medical appointment only, research and development)
§ 20.08.139: Office For medical walk-in uses, see "Health Care and Housing Services."
Ground floor
A
A
C
P
Upper floors
P
P
P
P
Personal and business services (banks, beauty salon, laundry, cleaners, tailor, copy/ship, travel agency, repair services, etc.)
§ 20.08.158.03: Personal and business services
§ 20.08.158.65: Repair services
§ 20.40.044: Specific regulations: drive-through facilities
< 3,000 square feet
P
P
P
A
3,001 — 5,000 square feet
P
P
C
A
> 5,000 square feet
P
A
C
—
Business with full body massage as primary service offering
A
A
A/C
A
CUP if > 3,000 square feet in C-D district
§ 20.08.129: Massage services
ATMs
P
P
P
P
Retail stores
§ 20.08.160.05: Retail
Chapter 20.65: Outdoor merchandise display regulations
§ 20.40.044: Specific regulations: drive-through facilities
For grocery stores and liquor stores see "Food and Beverage Services."
Note: Commercial cannabis activity is prohibited (see § 7.50.030 and Chapter 20.14).
< 3,000 square feet
P
P
P
C
3,001 — 5,000 square feet
P
P
C
C
5,001 — 15,000 square feet
P
A
C
—
> 15,000 square feet
A
C
—
—
Adult business
C
—
—
—
§ 20.08.033: Adult business
Self-storage — indoor
A
C
—
—
Outdoor storage prohibited
Warehouse/light industrial uses
C
C
—
—
§ 20.08.100: Light industrial uses
Wholesale stores
§ 20.08.198: Wholesale
< 5,000 square feet
P
P
—
—
5,001 — 15,000 square feet
P
A
—
—
> 15,000 square feet
C
C
—
—
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Conference and event facilities, clubs, lodges, private meeting halls
A
C
C
—
§ 20.08.064: Club, lodge, private meeting hall
§ 20.40.042: Specific regulations — live entertainment and on-site alcohol consumption
Day care centers
A
C
C
—
§ 20.08.069.25: Day care center
CA Health and Safety Code § 1597.22: no use permit when co-located with multifamily housing
Mortuary, funeral home
A
C
—
—
Museums and art galleries
< 3,000 square feet
P
P
P
C
3,001 — 5,000 square feet
P
P
C
C
> 5,000 square feet
A
A
C
—
Public facilities (government offices, fire/police station, community center, library, public restrooms, park and recreation facilities, etc.)
< 5,000 square feet
P
P
P
P
> 5,000 square feet
A
A
A
—
Recreation — indoor (billiard hall, game center, theater, batting cages, etc.)
A/C
A/C
C
—
Chapter 8.30: Minors in poolrooms
§ 20.08.158.07: Recreation — indoor
§ 20.40.042: Specific regulations — live entertainment and on-site alcohol consumption
§ 20.40.043: Specific regulations — indoor recreation
Recreation — outdoor (sport court etc.)
C
C
—
—
Religious assembly
A
C
C
C
Schools (private, vocational, trade, preschool, etc.)
C
C
C
C
Note: public schools may not be subject to discretionary review
Studios (art, dance, music, martial arts, health club, fitness, etc.)
< 3,000 square feet
P
P
P
C
3,001—4,000 square feet
P
P
C
C
> 4,000 square feet
A
C
C
—
HEALTH CARE AND HOUSING SERVICES
Adult day services
A
C
C
—
§ 20.08.034: Adult day services
Emergency shelter
P
P
P
—
§ 20.08.091: Emergency shelter
§ 20.40.050: Specific regulations — emergency shelters
Health care facility with overnight care (hospital, skilled nursing facility, etc)
C
C
C
—
§ 20.08.095.45: Health care facility
§ 20.08.161.6: Skilled nursing facility
Low barrier navigation center
P
P
P
P
§ 20.08.128: Low barrier navigation center
CA Government Code §§ 65660 — 65666
Medical walk-in uses without overnight care (clinic, urgent care)
A
A
A/C
A
CUP if > 3,000 square feet in C-D district
§ 20.08.132: Medical walk-in uses
Transitional and supportive housing
P
P
P
P
§ 20.08.185: Supportive housing § 20.08.193: Transitional housing
§ 20.40.060: Specific regulations — mixed-use and multi-family residential development
Residential facility (small or large)
P
P
P
P
§ 20.08.159: Residential facilities
§ 20.40.060: Specific regulations — mixed-use and multi-family residential development
CA Health and Safety Code § 1566.3
Residential care facility for the elderly (RCFE), continuing care retirement community (CCRC)
A
C
—
—
§ 20.08.158.69: Residential care facility for the elderly (RCFE)
§ 20.08.069.05: Continuing care retirement community (CCRC)
RESIDENTIAL UNITS
Multifamily residential — no commercial component
P/-
P/-
P/-
P/-z
§ 20.08.070B: Multiple family dwelling
§ 20.08.133: Mixed-use
See § 20.40.060: Specific regulations — mixed-use and multi-family residential development for circumstances where this development is allowed
Mixed-use residential and commercial
P/C
P/C
P/C
P/C
Live/work
A
A
A
A
§ 20.08.070C: Live-work unit
Specific regulations — live/work
CA Building Code Section 508.5
Residential accessory uses Note: Residential dwelling unit must be present to allow residential accessory uses
§ 20.08.030: Accessory use
Accessory dwelling units
P
P
P
P
Chapter 20.90: Accessory dwelling units
Home occupations
P
P
P
P
§ 20.60.250: Home occupations
Family day care serving up to 14 children
P
P
P
P
§ 20.08.091.6: Family day care
Short-term rentals
P
P
P
P
§ 20.08.158.6: Rental, short-term
INFRASTRUCTURE/MISCELLANEOUS
Parking for off-site uses
A
A
A
A
Recycling — Small collection facility
A
A
A
—
§ 20.08.158.09: Recycling facility
Note: A single reverse vending machine is an accessory use and does not require a use permit.
Wireless communication facilities
C
C
C
C
Chapter 20.73: Wireless telecommunications facilities
(Ord. 1368, 4/20/2026)
A. 
Commercial development shall comply with the following development standards:
1. 
Building Height. The maximum building height shall be 35 feet.
2. 
Yard, Exterior. There shall be no exterior yard required, except where the boundary of a commercially zoned lot abuts a residentially zoned parcel, or the property is subject to an established official plan line, then the exterior yard shall not be less than as required in the residential district or the official plan line, whichever is more restrictive.
3. 
Yard, Interior. There shall be no interior yards required, except where the boundary of a commercially zoned lot abuts on any residential district, that yard shall not be less than as required in such residential district.
4. 
Off-street parking is required pursuant to Chapter 20.61.
5. 
Garages, fences and other accessory structures shall be permitted pursuant to the provisions of Chapter 20.60.
B. 
Commercial development shall comply with the following use standards:
1. 
Hours of Operation. Except as otherwise set forth herein with respect to emergency shelters, the hours of operation when the business is open to the public for all commercial uses shall be limited to between the hours of 6:00 a.m. and 10:00 p.m. A request to allow commercial activities to exceed these hours of operation may be granted with an administrative use permit.
2. 
Noise. All land uses shall comply with the City of Mill Valley noise ordinance (Chapter 7.16).
3. 
Litter. The exterior of the premises shall be kept free of litter, garbage and graffiti at all times.
4. 
Garbage, Recycling and Compost. There shall be sufficient garbage, recycling, and compost facilities to meet the requirements of Chapter 7.04.
C. 
Design Guidelines. Commercial development shall comply with the applicable design guidelines contained in the Commercial Design Guidelines for Town Center/Lytton Square, Lower Miller Avenue, East Blithedale/Alto Center, and Redwood Highway Frontage Road, as adopted and amended from time to time.
D. 
Required approvals for proposed commercial use or development projects may include but shall not be limited to the following:
1. 
Business license pursuant to Chapter 5.08.
2. 
Variance pursuant to Chapter 20.63, if development standards in Section 20.40.030A are not met.
3. 
Use permit pursuant to Chapter 20.64, as provided in Table 20.40-1 or elsewhere in this code.
4. 
Design review pursuant to Chapter 20.66, for exterior changes to commercial sites and buildings.
5. 
Tree removal permit pursuant to Chapter 20.67 for removal of protected and/or heritage trees.
6. 
Sign permit pursuant to Chapter 20.74.
(Ord. 1368, 4/20/2026)
Any use defined by this chapter as providing a "food and beverage service" shall comply with the following requirements, whether or not the use is subject to a conditional use permit (CUP) or administrative use permit (AUP). Uses subject to a CUP or AUP may be subject to further requirements, including but not limited to conditions of approval regarding the operational characteristics of the proposed use, the proposed location and proximity to existing residential uses.
A. 
Food Establishments. Food establishments must obtain a certificate from the Marin County health officer or authorized representative, per Chapter 7.12.
B. 
Alcohol Sales. A valid alcoholic beverage sale permit from the California Department of Alcoholic Beverage Control shall be obtained and maintained as an on-going condition for alcohol sales.
C. 
Garbage, Recycling and Compost. There shall be sufficient garbage, recycling, compost and edible food collection facilities to meet the requirements of Chapter 7.04. The property owner shall install, empty, and maintain appropriately sized garbage and recycling container(s) on site with a timely pick-up schedule. The exterior of the premises shall be kept free of litter, garbage and graffiti at all times.
D. 
Noise. The business shall operate within all applicable requirements of the City's noise ordinance and policies. The interior and exterior design of the facility and the daily operation of the business shall make every reasonable effort to minimize noise and odor that may affect nearby residents. The business shall not dispose of bottles and cans in outside trash or recycling receptacles after 10:00 p.m. on any evening.
E. 
Sidewalks. Sidewalks shall be steam cleaned (in accordance with all Marin County Stormwater Pollution Prevention Program [MCSTOPP] regulations) at least once annually or as needed.
F. 
Pest Control. There shall be a rodent and pest control plan for the property with timely pest control activities to keep the property free of rodents and pests.
G. 
Staff Training. The business management shall provide on-going training of staff regarding these regulations and ensure by appropriate signage or other information that customers leaving the premises in the evening should respect the residential character of Mill Valley and avoid loud conversations, slamming of car doors, loitering and other actions that may affect nearby residents.
H. 
Response to Complaints. The business management shall be responsible for providing a timely response to complaints about noise and/or the operation of the establishment that may be in violation of these regulations.
(Ord. 1368, 4/20/2026)
A. 
Permit Requirements.
1. 
Planning Approvals.
a. 
A food truck on private property shall require an administrative use permit (AUP) subject to approval by the Planning Department per Section 20.64.025. Property owner signature shall be required as part of the AUP application.
b. 
Permanent outdoor seating associated with a food truck shall require an outdoor dining permit subject to approval by the Planning Department per Chapter 20.65.
c. 
New food trucks on sites with previously approved food trucks can operate under the existing use permit and outdoor dining permit unless there are changes to operations in which case an amendment to existing permit(s) shall be required.
d. 
The Director of Planning and Building shall have discretion to set use permits to expire after one year, with an annual opportunity to renew.
2. 
Business License. A food truck that is not associated with a business already operating within City limits shall obtain a City business license prior to operation.
3. 
Marin County Environmental Health. A valid permit from the Marin County Environmental Health Services is required for the duration of business operation.
4. 
Permit and License Display. At all times while vending, all valid permits and licenses shall be displayed at the food truck site.
B. 
Location and Design Criteria.
1. 
Location. Food trucks are allowed in the C-G, C-N and C-D zone districts. Multiple food trucks may be permitted on a single parcel, subject to a conditional use permit (CUP). Food trucks on sites with multiple food trucks must stay in the locations indicated on the approved plans.
2. 
Vehicle Types. No food may be sold from a vehicle used as a dwelling or recreational vehicle. Only commercial vehicles with current registration with the State are allowed to operate as food trucks.
3. 
Parking Surface. The vehicle shall only be stopped, standing, or parked on surfaces paved with concrete, asphalt, or another all-weather material.
4. 
Signage. The business name and logo can be displayed permanently attached to or painted on the vehicle advertising its product and services. The business may also place one free-standing 'sandwich board' sign, at a location approved by the City, within 10 feet of the vehicle that displays information such as the menu, prices, and specials of the day. A separate sign permit is not required.
5. 
Lighting. Lighting shall be determined by AUP.
6. 
Garbage, Recycling and Compost. There shall be sufficient garbage, recycling, compost and edible food collection facilities to meet the requirements of Chapter 7.04.
7. 
Fire Extinguishers. Food trucks cooking food shall maintain a working fire extinguisher(s) of the appropriate type and rating at the vending location.
C. 
Operations.
1. 
The food truck operation shall not interfere with the operation of any other existing uses on the site.
2. 
Food trucks operating within a parking lot shall not inhibit traffic circulation and shall maintain the minimum required on-site parking spaces for the other uses on the property.
3. 
Food truck operation shall comply with Section 20.40.040, Specific regulations—Food and beverage service.
4. 
Food truck operation shall comply with Chapter 17.06, Urban Runoff Pollution Prevention.
5. 
Food truck operating, including generators, shall comply with Chapter 7.16, Noise Control.
6. 
Hours of operation shall be determined by AUP.
7. 
After the permitted hours of operation, all food truck equipment, including the truck itself and any associated dining furniture, shall be stored off site or within an approved, enclosed structure on site unless otherwise approved through AUP and/or outdoor dining permit.
(Ord. 1368, 4/20/2026)
Drinking establishments and establishments which provide live entertainment could have a negative effect on the community if established in larger numbers, or if established without adequate conditions of approval. 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, no drinking establishment and/or establishment which provides live entertainment shall be permitted except upon the issuance of a CUP. Cultural, social, educational and philanthropic organizations holding occasional events involving live entertainment or on-site alcohol consumption are exempt from this section.
The review authority, before making the findings required by Section 20.64.040 with respect to such uses, shall consider the following:
A. 
The number of such uses presently existing or recently approved within the affected neighborhood and within the City and the need of the community for additional numbers of such uses, paying particular heed to the question of whether the neighborhood is already adequately served by similar uses.
B. 
The recommendations of the City Engineer, Police and Fire Departments as to traffic, safety and other matters.
C. 
Off-Street Parking. Parking requirements may be imposed exceeding those set forth in Chapter 20.61.
D. 
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.
E. 
Noise. The applicant may be required to provide adequate measures controlling noise within and without the premises.
F. 
Hours of Operation. The hours of the proposed use and the potential conflict of those hours with the health, safety and comfort of the residents of the neighborhood.
G. 
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. 1368, 4/20/2026)
All businesses meeting the definition of "Recreation — indoor" in Chapter 20.08 shall be allowed for commercial uses subject to approval of a use permit as follows:
A. 
Administrative Use Permit (AUP) shall be required for indoor recreation uses meeting all the following criteria:
1. 
Located in C-G or C-N zone district; and
2. 
Maximum size 4,000 square feet; and
3. 
Alcohol is not served; and
4. 
Hours of operation between 6:00 a.m. and 10:00 p.m.
B. 
Conditional use permit (CUP) shall be required for all other indoor recreation uses.
C. 
In addition to the use permit findings set forth in Section 20.64.040, each application for a use permit shall be reviewed according to the following criteria:
1. 
Noise generation;
2. 
Traffic from employees, customers and clients, and availability of parking spaces for both vehicles and bicycles:
3. 
Hours of operation;
4. 
Proximity to schools;
5. 
Supervision;
6. 
Alcohol service, specifically (a) compliance with State Alcoholic Beverage Control (ABC) requirements; (b) whether alcohol service is accessory to the primary recreational use; (c) and measures to prevent underage drinking and over-service;
7. 
Loitering; and
8. 
Comments from the Police Department.
(Ord. 1368, 4/20/2026)
Drive-through uses are prohibited in the C-D and C-L zone districts. Drive-through uses shall be allowed for commercial uses in the C-G and C-N zone districts with approval of design review per Chapter 20.66 and a conditional use permit per Chapter 20.64. A sign permit may also be required per Chapter 20.74.
Drive-through facilities shall be subject to the following conditions. The reviewing body may apply additional conditions on the drive-through use, such as hours of operation, as appropriate to the use and location.
A. 
Location.
1. 
Drive-through lanes should be set back at least 50 feet from residential property lines.
2. 
Drive-through lanes shall not be located along the street frontage(s) except for corner lots.
3. 
Drive-through lanes cannot be adjacent to patios or other pedestrian use areas other than walkways.
4. 
Pedestrian walkways and disabled access should not intersect the drive-through drive aisles. If intersection is necessary, walkways shall have clear visibility and shall be delineated by textured and colored paving.
B. 
Visual Buffer.
1. 
Drive-through lanes shall be separated from existing residential uses by buildings, and/or landscaped areas or decorative walls approved by the City.
2. 
Drive-through lanes shall be shielded in a manner approved by the City to eliminate light pollution and vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-through site property.
C. 
Lane Design.
1. 
Drive-through entrance/exit shall be designed away from high volume intersections and adjacent property curb cuts. Clearly designate entrance and direction of traffic flow with signs and pavement markings.
2. 
Each drive aisle shall be designed with a minimum 10-foot interior radius at curves and a minimum 12-foot width.
3. 
Drive-through lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-through lane do not overflow into the on-site parking aisles or public right-of-way. The minimum stacking requirement shall be 60 feet (three 20-foot-long spaces).
4. 
Vehicle stacking lanes shall not block or interfere with access to parking lot spaces and shall function independently of parking lot aisles.
5. 
Vehicle stacking lanes shall not extend beyond the drive-through site's property line onto adjoining property unless the owner of the drive-through site property obtains from the adjoining landowner a written easement or other irrevocable right, the provisions of which must be approved by the City.
D. 
Noise. Speaker noise levels measured at a drive-through site property line shall not exceed applicable noise standards as set forth in Chapter 7.16.
E. 
Parking. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.
(Ord. 1368, 4/20/2026)
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, but in no case shall the on-site parking requirement exceed parking requirements for another residential or commercial use within the same zone district. Employees include persons directly employed by the shelter, as well as on-site staff, independent contractors, and volunteers.
C. 
Lighting. External lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows. The lighting shall be stationary and designed, arranged and installed so as to confine direct rays onto the premises and to direct light away from adjacent structures and public rights-of-way. External lighting shall be of an intensity compatible with the neighborhood.
D. 
On-Site Waiting and Intake Areas. An interior waiting and intake area shall be provided. This area must contain a minimum of 200 square feet, but should be designed to accommodate the maximum number of person(s) served (as identified in subsection A, when feasible. An exterior waiting area or queuing area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. Said exterior area shall not be located within or block the public right-of-way. The management plan outlined in subsection G.4 shall establish hours in which persons are permitted to line up in the waiting area for admission to the shelter, and will require monitoring of the waiting area by the shelter provider to avoid any public nuisance.
E. 
Security. Security personnel shall be provided during operational hours whenever clients are on the site. A security plan shall be submitted to the City prior to issuance of a certificate of occupancy.
F. 
Concentration of Uses. No more than one emergency shelter shall be permitted within a radius of 300 feet of another emergency shelter.
G. 
Emergency Shelter Operations. The agency or organization operating the emergency shelter shall comply with the following requirements:
1. 
Hours of Operation. Clients shall only be on-site and admitted to the facility between 5:00 p.m. and 8:00 a.m.
2. 
Length of Stay. Each emergency shelter resident shall stay for no more than 90 days (cumulative) in a 365-day period. Extensions up to a total stay of 180 days in a 365-day period may be granted by the shelter provider if no alternative housing is available.
3. 
On-Site Staff. At least one manager shall be on-site during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off-site. The manager must be accompanied by one supporting staff member for every 15 beds occupied in the facility.
4. 
Management Plan. Prior to commencing operation, the shelter operator shall provide a written management plan to the Planning and Building Director for approval. The management plan shall include: primary contact information for the facility, hours of operation, admission hours and intake process, staff training, neighborhood outreach and privacy, security, queuing and/or loitering regulations, noise control, resident counseling and treatment, maintenance plans, residency and guest rules, procedures, staffing needs, and other regulations, as appropriate, or as requested by the Planning and Building Director.
5. 
Annual Report. The provider shall provide an annual report of the use of the facility and determination of compliance with the City's development standards to the Planning and Building Director annually based on the start date of the said emergency shelter.
(Ord. 1368, 4/20/2026)
A. 
Use Standards.
1. 
Mixed use is allowed in the following situations:
a. 
Without a use permit, where all component uses do not require a use permit and all floor area located on the ground floor directly abutting a sidewalk or pedestrian pathway on Miller Avenue, East Blithedale Avenue, Camino Alto, Throckmorton Avenue, Sunnyside Avenue or the Downtown Plaza consists of non-residential uses permitted by this chapter, or entryways (for businesses and/or residences).
b. 
With a conditional use permit (CUP), where subsection A.1.a is not met.
2. 
New multifamily residential without a commercial component is allowed in the following situations only, without a use permit:
a. 
As allowed through the Housing Overlay Zoning Districts per Chapter 20.30;
b. 
Deed restricted affordable housing projects meeting the requirements of California Government Code Section 65915(b)(1)(G);
c. 
Residential facilities (small and large) as defined in Section 20.08.159;
d. 
Transitional and supportive housing as defined in Section 20.08.193;
e. 
Single room occupancy dwellings as defined in Section 20.08.161.5; or
f. 
In the C-L District only, 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.
3. 
Existing multifamily residential without a commercial component shall not be considered a "nonconforming use." Expansion of the existing multifamily residential structure shall be subject to the development standards of subsection B.
B. 
Development Standards. Development standards for mixed-use and multi-family developments in Commercial Zoning Districts are provided in Table 20.40-2.
Table 20.40-2. Development Standards for Mixed-Use and Multifamily Developments in Commercial Zoning Districts
Commercial "Character Areas"
Downtown
Near East Blithedale
Miller Avenue "Main Street"
Miller Avenue "Gateway"
Alto Center
Redwood Hwy
Zoning Designation
Downtown Commercial (C-D)
Limited Commercial (C-L)
Neighborhood Commercial (C-N)
General Commercial (C-G)
Alto Center/Gateway
Redwood Hwy
Development Standards(5,6)
Density Range
17-29 dwelling units/acre(5)
Maximum Lot Coverage
100%
50%
50%
50%
40%
45%
Maximum Floor Area Ratio (FAR)
1.5
1.0
1.0
1.0
.50
.75
Height(3,4)
Maximum building height
35 ft.(3)(3 stories)
35 ft. (3 stories except 2 stories at East Blithedale street frontage)
35 ft. (3 stories)
35 ft. (3 stories)
35 ft. (3 stories)
35 ft. (3 stories)
Minimum front stepback above second story(7)
1:1 ratio
—
1:1 ratio
1:1 ratio
—
—
Setbacks
Minimum setback to exterior property line
0 ft.
Minimum setback to interior property line
0 ft. except when the interior property line directly abuts a residentially zoned parcel the setback shall be 15 ft., and may be reduced to 5 ft. if second story is stepped back at 1:1 ratio
Useable Outdoor Living Space(1)
Minimum useable outdoor living space per unit
36 s.f.
136 s.f.
36 s.f.
Of required outdoor living space, minimum shared outdoor living space per unit
—
100 s.f. per unit for developments over 3 units
Of required outdoor living space, minimum private outdoor living space per unit
36 s.f.(2)
36 s.f.
Parking(5,6)
Parking shall be provided as specified in Chapter 20.61.
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.
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.
In the C-D zone district a maximum height of 38 feet is allowed to provide for up to an 18-foot plate height for 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.
Front stepback above second story shall apply to the primary exterior street frontage (not all exterior yards), with stepback beginning at the front property line.
C. 
Additional Development Standards.
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.
2. 
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.
3. 
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 Table 20.61-1, but shall not be required to provide guest parking.
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.
D. 
Design Guidelines and Standards. Applications that qualify under this section shall comply with the applicable design guidelines and standards contained in the Multi-Family Residential, Downtown Residential and Mixed-Use Design Guidelines and Development Standards, as adopted and amended from time to time.
E. 
Modified Standards. Applications may qualify for relaxed or modified development standards under Chapter 20.30 or 20.81.
(Ord. 1368, 4/20/2026)
Live/work units shall comply with the requirements of this section.
A. 
Purpose. This section provides standards for the development of new live/work units, and for the reuse of existing commercial structures to accommodate these units. Live/work units are intended to be occupied by business operators who live in the same structure where the commercial activity or industry occurs. A live/work unit includes work-related activities that are beyond the scope of a home occupation.
B. 
Approval Process. Live/work units shall be subject to the administrative use permit (AUP) process in Chapter 20.64, in addition to any other relevant entitlements per Section 20.40.030D. Construction of a live/work unit shall require a building permit per Chapter 14.05 and operation of a business in a live/work unit shall require a business license per Chapter 5.08.
C. 
Limitations on Use. The nonresidential component of a live/work project shall be a use otherwise allowed within the applicable zoning district, subject to the following additional limitations:
1. 
Prohibited Uses. A live/work unit shall not be established or used in conjunction with any of the following activities:
a. 
Adult businesses;
b. 
Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles, vehicle detailing and painting, upholstery, etc.);
c. 
Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
d. 
Welding, machining, or any open flame work;
e. 
Any other activity or use classified as occupancy group H or S in the building code or as determined by the Planning Director or appointee to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.
D. 
Mixed-use development standards and guidelines live/work units shall be subject to the mixed-use standards in Table 20.40-2 and the applicable design guidelines and standards contained in the Multi-Family Residential, Downtown Residential and Mixed-Use Design Guidelines and Development Standards, as adopted and amended from time to time.
E. 
Additional Objective Live/Work Design Standards. In addition to the standards in subsection D, live/work units shall also be subject to the following design standards.
1. 
Building Code Compliance. Live/work units shall be designed to meet the provisions of California Building Code Section 508.5, including but not limited to the following:
a. 
Maximum unit size 3,000 square feet.
b. 
Maximum nonresidential area 50% of total floor area.
c. 
Nonresidential use limited to the first or main floor.
d. 
Maximum five nonresidential workers or employees allowed to occupy nonresidential area at any one time.
2. 
Separation and Access. Each live/work unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, halls, and/or the public street sidewalk; and the access to each unit shall be clearly separate from other live/work units or other uses within the structure.
3. 
Facilities to Accommodate Commercial Activities. A live/work unit shall be designed to accommodate commercial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial facilities used for the same work activity.
4. 
Integration of Living and Working Space. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit and not separated from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or other similar private spaces.
5. 
Mixed Occupancy Buildings. If a building contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable building and safety code requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Building Official.
F. 
Operating Requirements.
1. 
Occupancy. A live/work unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator. Living and work space shall not be occupied separately.
2. 
Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for any person not living in the unit or as a residential space for any person not working in the same unit.
3. 
Business License Required. At least one occupant of each live/work unit shall maintain a current City of Mill Valley business license.
4. 
Notice to Occupants. The owner or developer of any building containing live/work units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial properties in the applicable zone.
5. 
Nonresident Employees. Up to two persons who do not reside in the live/work unit may work in the unit unless this employment is prohibited or limited by the AUP. The employment of three or more persons who do not reside in the live/work unit may be permitted subject to AUP approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity.
6. 
Client and Customer Visits. Client and customer visits to live/work units are permitted subject to any applicable conditions of the applicable AUP, to ensure compatibility with adjacent commercial uses, or adjacent residentially-zoned areas or uses.
G. 
Changes in Use. After approval, a live/work unit shall not be converted to entirely residential use unless authorized through AUP approval. AUP approval shall require that the Planning Director or appointee first finds that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants.
H. 
Required Findings. The approval of live/work unit shall require that the review authority first make all of the following findings, in addition to all findings required for AUP approval:
1. 
The proposed use of each live/work unit is a bona fide commercial activity consistent with subsection C (Limitations on Use); and
2. 
The establishment of live/work units will not conflict with nor inhibit commercial uses in the area where the project is proposed; and
3. 
Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial uses where all adjacent land is zoned for commercial uses. If there is adjacent residentially-zoned land, the proposed changes to the building will make the commercial building being converted more compatible with the adjacent residential area.
(Ord. 1368, 4/20/2026)