Chapter 20.30 — HOUSING OVERLAY ZONING DISTRICTS

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)

CHAPTER 20.36
C-L DISTRICTS—LIMITED COMMERCIAL DISTRICTS

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

2. 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 commercially-zoned 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

The General Commercial districts provide commercial uses intended to serve both neighborhood and regional uses, and include larger shopping centers and commercial developments. Development in these zones may include a variety of commercial and office functions and residential uses above the first floor.

A. Alto Center. The Alto Center area accommodates commercial and office land uses while
providing mixed-use and residential opportunities at densities of 17 DU/acre to 29 DU/
acre. The area is mainly zoned General Commercial (C-G) and hosts large-lot commercial
areas with adjacent pockets of higher density residential in accordance with the adopted
Land Use Map. Upper-floor stepbacks are not required in this zone.

B. Redwood Highway. The Redwood Highway area accommodates General Commercial (C-
G) uses while also providing higher density residential in accordance with the adopted
Land Use Map. The area features large-lot developments in close proximity to Highway
101 which host a variety of commercial and office functions. The development standards
for Redwood Highway allow for slightly higher FAR and lot coverage than the Alto Center
character area while also not requiring stepbacks for three-story structures. A variety of
housing types are permitted both by-right and conditionally in this area.

C. Miller Avenue "Gateway." The Miller Avenue Gateway area includes both General
Commercial (C-G) and Neighborhood Commercial (C-N) parcels at the transition from
neighborhood commercial portions of Miller Avenue "Main Street" down to the Miller
Avenue "Marsh" residential district. This area will continue its current development pattern
and accommodate housing types with a density range in accordance with the adopted Land
Use Map.
(Ord. 1278 § 13, July 18, 2016)

The following uses are permitted provided they do not occupy more than 1,500 square feet of floor area (exclusive of storage and non-public areas) and provided that the use is entirely enclosed within a building unless an outdoor dining area or outdoor merchandise permit is obtained in accordance with the provisions of Chapter 20.65:

1. Art galleries and interior decorating and photography studios;

2. Automotive part stores;

3. Barber and beauty shops;

4. Bookstores;

5. Card and stationery shops;

6. Catalogue sales with warehouse facilities not exceeding an additional 1,500 square feet;

7. Chamber of Commerce offices and community service organizations;

8. Cleaners without processing facilities on-site;

9. Clothing and shoe stores;

10. Computer, video, radio, TV and other electronic equipment—rental, sales and service
stores;

11. Copying, fax, postal box and packaging facilities;

12. Dressmaking, millinery, sewing, shoe repair and tailor shops;

13. Drug and variety stores;

14. Emergency shelters, which, notwithstanding the restriction set forth above, may occupy
more than 1,500 square feet of floor area (exclusive of storage and non-public areas), if
necessary to offer the services contemplated by this chapter;

Sections 65660-65668.

15. Florists;

16. Furniture and home furnishing stores;

17. Hardware, paint and art supply stores;

18. Hobby, toy and bike shops;

19. Jewelry, watch and clock sales and repair;

20. Linen, yarn, yardage, drapery and window covering stores;

21. Luggage stores;

22. Music shops;

23. Optical sales;

24. Pet and pet supply stores (not including kennels);

25. Photographic supply and processing shops;

26. Plumbing and appliance supplies and service;

27. Political campaign offices;

28. Professional and administrative offices located on other than the street level;

29. Public utility offices;

30. Real estate offices;

31. Sporting goods stores;

32. Travel agencies;

33. One or two commercial amusement devices. Commercial amusement device means any game, including, but not limited to, video or electronic games, available for temporary hire
on the premises as a form of entertainment;

35. Home occupations (subject to Section 20.60.250);

36. Mixed-use, with all floor area on the ground floor that directly abuts Camino Alto, East
Blithedale, Miller Avenue, Throckmorton or Redwood Highway Frontage Road shall
consist of nonresidential uses permitted by this chapter, or entryways (for businesses and/
or residences). Ground floor space that abuts a rear yard may be used for commercial space,
shared space (such as restrooms, mail rooms, courtyards or storage) or residential use;

37. Multi-family residential, in the following situations only:

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

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

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

38. Any other use which, in the opinion of the Planning Director, is of the same general
character as those listed above.
(Ord. 1106 § 1, April 20, 1992; Ord. 1203 § 2, May 16, 2005; Ord. 1264 § 20, November 3,
2014; Ord. 1278 § 13, July 18, 2016; Ord. 1351, 5/6/2024; Ord. 1354, 9/16/2024)

The following uses are permitted subject to the securing of a conditional use permit or by obtaining an outdoor dining area or outdoor merchandise display permit in accordance with the provisions of Chapter 20.65:

A. Automotive repair facilities;

B. Bakeries;

C. Banks and automatic bank machines not in conjunction with a bank;

D. Bars;

E. Car wash facilities;

F. Coffee shops and cafés;

G. Collection facilities for recyclable materials or donations to non-profit organizations;

H. Cookie and candy stores;

I. Dance or exercise studios;

J. Delicatessens;

K. Food stores;

L. Gasoline stations;

M. Ice cream and yogurt shops;

N. Liquor stores;

O. Meeting facilities;

P. Professional and administrative office uses located at street level;

Q. Restaurants (sit down and take-out);

R. All other commercial, administrative, professional and light industrial uses not otherwise
prohibited, including those uses specified in Section 20.40.020 which occupy more than
1,500 square feet of floor area (exclusive of storage and non-public areas) and those which
are conducted at least partially outside unless an outdoor dining area or outdoor
merchandise display permit is obtained in accordance with the provisions of Chapter 20.65;

S. Buildings occupied by two or more independent retail specialty shops where each shop
does not have separate and direct customer access to the street;

T. Division of an existing retail space with at least 4,000 square feet of floor area (exclusive
of storage and non-public areas) into two or more smaller retail spaces. In addition to the
finding specified in Chapter 20.64 of this title, the Commission must also find that the loss
of the particular large commercial space will not adversely affect the opportunity to retain
a mix of commercial uses within the community;

U. (Reserved)

V. (Reserved)

W. Live-work units, with work space on the ground floor;

X. The conversion of an automobile service station to a self-serve only station or the addition
of a minimarket or car wash; and

Y. All businesses seeking to provide three or more commercial amusement devices. In
addition to the guidelines set forth in Chapter 20.64 of this title, relative to conditional use
permits, the Planning Commission shall review each application for a use permit according
to the following criteria:

1. Noise generation;

2. Traffic from employees, customers and clients, and availability of parking spaces for
both vehicles and bicycles:

a. One vehicular parking space shall be provided for every five commercial amusement devices,

b. One on-site bicycle space shall be provided for every two commercial
amusement devices. Bicycle parking shall be in bicycle racks or stands and shall
not obstruct required exits. Bicycle parking may be required inside buildings if
no acceptable outside area exists on site;

3. Hours of operation;

4. Proximity to schools;

5. Supervision;

6. Potential for serving alcoholic beverages;

7. Loitering; and

8. Comments from the Police Department.

Z. The addition of "off-sale," "beer and wine" or "general" liquor sales to any existing or
otherwise permitted use.

AA. Wireless telecommunications facilities as further outlined in Chapter 20.73.
(Ord. 1106 § 2, April 20, 1992; Ord. 1203 § 3, May 16, 2005; Ord. 1264 § 21, November 3,
2014; Ord. 1278 § 13, July 18, 2016; Ord. 1304 § 1, September 6, 2018; Ord. 1351, 5/6/2024)

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.

2. Yard, Exterior. There shall be no exterior yard required, except where the frontage in
the block is partially in an R district or the property is subject to an established official
plan line, then the exterior yard of the R district or the official plan line, whichever is
more restrictive, shall apply.

3. Yard, Interior. There shall be no interior yards required, except that where the
boundary of a commercially zoned lot abuts on any R district, that yard shall not be
less than as required in such R district.

4. Hours of Operation. Except as otherwise set forth herein with respect to emergency shelters, the hours of operation for all commercial uses abutting R districts shall
be limited to between the hours of 8:00 a.m. and 8:00 p.m. A request to allow
commercial activities to exceed the 8:00 a.m. to 8:00 p.m. hours of operation shall
be considered by the Planning Commission only after a public hearing. Applications
for extended hours should be filed on a form prescribed by the Planning Commission
and shall be accompanied by the reasons for the modifications. The request shall be
noticed as per Section 20.60.200.

B. Development standards for mixed-use developments and multi-family residential
authorized by Chapter 20.30 shall comply with Chapter 20.48.
(Ord. 820 § 3; Ord. 888 § 1, March 21, 1977; Ord. 1264 § 22, November 3, 2014; Ord. 1278
§ 13, July 18, 2016; Ord. 1351, 5/6/2024)

A. Shelter Capacity. An emergency shelter for homeless persons shall contain no more than 20 beds and shall serve no more than 20 persons nightly.

B. Parking. On-site parking for shelter users shall include one space for each employee on the
maximum staffed shift. Employees include persons directly employed by the shelter, as
well as on-site staff, independent contractors, and volunteers.

C. Lighting. External lighting shall be sufficient to provide illumination and clear visibility to
all outdoor areas, with minimal shadows. The lighting shall be stationary and designed,
arranged and installed so as to confine direct rays onto the premises and to direct light away
from adjacent structures and public rights-of-way. External lighting shall be of an intensity
compatible with the neighborhood.

D. On-Site Waiting and Intake Areas. An interior waiting and intake area shall be provided.
This area must contain a minimum of 200 square feet, but should be designed to
accommodate the maximum number of person(s) served (as identified in subsection A),
when feasible. An exterior waiting area or queuing area shall be provided which contains a
minimum of 10 square feet per bed provided at the facility. Said exterior area shall not be
located within or block the public right-of-way. The management plan outlined in
subsection (G)(4) shall establish hours in which persons are permitted to line up in the
waiting area for admission to the shelter, and will require monitoring of the waiting area by
the shelter provider to avoid any public nuisance.

E. Security. Security personnel shall be provided during operational hours whenever clients
are on the site. A security plan shall be submitted to the City prior to issuance of a
certificate of occupancy.

F. Concentration of Uses. No more than one emergency shelter shall be permitted within a
radius of 300 feet of another emergency shelter.

G. Emergency Shelter Operations. The agency or organization operating the emergency
shelter shall comply with the following requirements:

1. Hours of Operation. Clients shall only be on-site and admitted to the facility between
5:00 p.m. and 8:00 a.m.

2. Length of Stay. Each emergency shelter resident shall stay for no more than 90 days

(cumulative) in a 365-day period. Extensions up to a total stay of 180 days in a
365-day period may be granted by the shelter provider if no alternative housing is
available.

3. On-Site Staff. At least one manager shall be on-site during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off-site. The manager must be accompanied by one supporting staff member for every 15 beds occupied in the facility. 4. Management Plan. Prior to commencing operation, the shelter operator shall provide a written management plan to the Planning and Building Director for approval. The management plan shall include: primary contact information for the facility, hours of operation, admission hours and intake process, staff training, neighborhood outreach and privacy, security, queuing and/or loitering regulations, noise control, resident counseling and treatment, maintenance plans, residency and guest rules, procedures, staffing needs, and other regulations, as appropriate, or as requested by the Planning and Building Director. 5. Annual Report. The provider shall provide an annual report of the use of the facility and determination of compliance with the City's development standards to the Planning and Building Director annually based on the start date of the said emergency shelter. (Ord. 1264 § 23, November 3, 2014; Ord. 1278 § 13, July 18, 2016; Ord. 1354, 9/16/2024)

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

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 multi-family 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

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 by-right 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.

ASSESSOR PARCEL NUMBER (APN)
028-014-18 028-013-17 028-061-31
028-014-19 028-013-01 028-061-33
028-014-20 028-064-02 028-061-35
028-014-15 028-064-03 028-061-07
028-016-02 028-064-09 028-063-18
028-016-03 028-064-11 028-056-09
028-016-18 028-061-04 028-056-16

ASSESSOR PARCEL NUMBER (APN)
028-013-09 028-061-22 028-056-05
028-013-20 028-061-08 028-056-04
028-013-19 028-061-14 028-056-03
028-013-12 028-061-13 028-056-02
028-013-13 028-061-25 028-012-12
028-013-06 028-061-27 028-012-08
028-013-18 028-061-29 028-012-07
028-012-06

(Ord. 1278 § 15, July 18, 2016)