Chapter 20.60 — GENERAL PROVISIONS AND EXCEPTIONS

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

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

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

B. Definitions.

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

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

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

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

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

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

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

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

   2. The fence will be structurally sound;

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

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

   G. Additional Findings Required to Approve Any Fencing Located in a Public Right-of-Way. In addition to the findings specified above, the following additional findings must be made in approving any application for fencing located within a public right-of-way: 1. The portion of the public right-of-way being enclosed by the proposed fence is not anticipated to be needed for any public use; 2. The fence will enclose the minimum amount of the right-of-way necessary to accomplish the intended purpose; 3. The proposed location of the fence will still allow an adequate area for pedestrians to walk off the edge of the traveled way; 4. The fence will not obstruct access to public improvements and utilities; 5. The fence will not eliminate existing or potential parking spaces within the public right-of-way; and 6. The Department of Public Works has indicated its intention to issue a Revocable Encroachment Permit under Chapter 11.16 of this Code.

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

   I. Vegetation. The controls on fencing contained in this section shall not apply to native or landscape vegetation. However, the City may trim or remove or require the adjacent property owner to trim or remove any landscape vegetation located on a public right-of- way if the vegetation adversely affects public safety or restricts reasonable use of the right- of-way. (Ord. 1123 § 7, August 2, 1993; Ord. 1182 § 6, April 2, 2002)

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

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

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

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

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

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

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

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

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

B. Lot Coverage Requirements. In addition to the main structure, the amount of lot coverage
resulting from any accessory building or structure shall be taken into account in
determining whether a property is in compliance with the applicable lot coverage
limitations set forth by the specific zoning on the property. No more than three accessory
structures are permitted on any property excluding below grade swimming pools, and
carports and garages which are necessary to satisfy applicable parking requirements for the
specific zoning on the property.

C. Height Requirements. Except as permitted herein, the height of an accessory structure or
building, as measured in accordance with the provisions of Section 20.08.050 of the Mill
Valley Municipal Code, shall not exceed 15 feet except that an accessory structure
constructed above a new or existing parking structure may be increased pursuant to the
provisions contained in Chapter 20.90 of this title. Notwithstanding the foregoing, a garage
or carport which is necessary to satisfy applicable parking requirements for the specific
zoning on the property shall be subject to the following height limitations:

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

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

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

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

Percentage of Slope in Percentage of Slope in
Front 35 Feet Front Setback in Feet Front 35 Feet Front Setback in Feet
10% or less 15′ 27 to 28% 8′
11 to 13% 14′ 29 to 31% 7′
14 to 15% 13′ 32 to 34% 6′
16 to 18% 12′ 35 to 37% 5′
19 to 20% 11′ 38 to 39% 4′
21 to 23% 10′ 40% or more 3′
24 to 26% 9′

(Ord. 1182 § 6, April 2, 2002)

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

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

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

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

E. The gross floor area for the purpose of determining the number of required parking spaces
shall be the total floor area of all buildings devoted to the particular use involved, exclusive
of floor area permanently allocated for parking or loading spaces.

F. For any use, 25% of the required parking spaces may be for compact cars.

G. When there is a change or expansion of a commercial use which is presently nonconforming because it does not satisfy parking space requirements, and additional parking spaces cannot reasonably be provided on the premises, no additional parking spaces or payments in lieu thereof shall be required so long as the changed or expanded use requires the same or fewer parking spaces than the immediately preceding use. The determination whether a changed or expanded use requires additional parking spaces shall be based upon a calculation of the net increase, if any, in the number of required parking spaces attributable to the changed or expanded use as compared to the number of required parking spaces attributable to the immediately preceding pre-existing uses on the site. If feasible, additional parking spaces shall be provided on site. If a change or expansion of a use results in an increased number of required parking spaces and the additional parking spaces cannot reasonably be provided on the site, then a parking variance shall be required. If approved, the parking variance may be conditioned upon a requirement that the applicant make payments in lieu of parking for the additional spaces pursuant to Section 20.60.095. This section shall not apply to any use which has been abandoned or discontinued as defined in Section 20.60.140.

H. Off-street parking spaces shall be provided for specific uses and buildings in the following
numbers:

I. For existing commercial uses that cannot reasonably provide additional parking on site, the
Director of Planning and Building may permit existing commercial parking spaces to be
converted to required accessible parking spaces or access aisles, even if the conversion
results in fewer parking spaces than required under this chapter.

1. Motor vehicles and The number of required parking spaces shall be
trailers, sales, service and determined at the issuance of conditional use permit
leasing
2. Banks 1 space for every 200 sq. ft. of gross floor area
3. Bowling alleys 4 spaces for each lane plus 1 space for every 300 sq. ft.
of gross floor area for accessory uses
4. Churches 1 space for each 5 seats in auditorium
5. Dwellings, single family 2 spaces plus 1 space for guest parking when on-street
parking is not available along the immediate frontage
of the property, and 1 space for each roomer. One of
these may be of compact car size

6. Residential second units 1 space for units 700 sq. ft. or less, 2 spaces for units 701 sq. ft. to 1,000 sq. ft. in addition to the parking required for the primary unit 7. Dwellings, multiple 2 parking spaces per dwelling unit plus 1/4 of a parking family space for each unit for guest parking when on-street parking is not available along the immediate frontage of the property. In development of more than 4 units, the guest parking shall be provided on the site. With the following exceptions: a. Lots 25 feet in width or less shall not be required to provide guest parking. b. Parking requirements for a multi-family efficiency unit shall require 1 parking space. 8. Funeral establishments 4 spaces for each parlor or 1 space for each 50 sq. ft. of chapel space, whichever is greater 9. Furniture and appliance 1 space for every 450 sq. ft. of gross floor area stores 10. Hospitals 1 space for each 4 beds, plus 1 space for every staff member, plus 1 space for each 3 employees on maximum shift 11. Lodging and rooming 1 space for each bedroom or dwelling unit houses 12. Motels and hotels 1 space for each separate guest room having its own access door, either to the outside or to an interior public corridor 13. Libraries, museums 1 space for every 500 sq. ft. of gross floor area 14. Business and professional 1 space for every 225 sq. ft. of gross floor area offices, including real estate and medical/dental offices 15. Food stores 1 space for every 200 sq. ft. of gross floor area 16. Private clubs, lodges, The number of off-street parking places required shall union headquarters be determined at the time of approval of the conditional use permit. In determining the required number of parking spaces, the Planning Commission should consider, among other things, the following: a. the extent of the physical improvements proposed or existing on the property, if any; b. the types of activities proposed and the hours and days when the activities will take place; c. the number of parking spaces already existing in the area and the impact of the use on the existing parking; and d. the frequency of activities. 17. Restaurants and bars 1 space for each 100 sq. ft. of gross floor area 18. Drive-in and take-out food The number of off-street parking spaces required shall establishments be determined at the time of approval of conditional use permit 19. Rest homes and 1 space for each 4 beds, plus 1 space for each 3 staff convalescent or nursing members, plus 1 space for each 3 employees on homes maximum shift 20. Retail stores or shops 1 space for each 250 sq. ft. of gross floor area 21. Schools 1 space for each classroom plus 1 space for every 100 sq. ft. of auditorium space 22. Theaters, arenas and 1 space for each 4 seats auditoriums with fixed seats 23. Assembly halls, dance and 1 space for every 100 sq. ft. of floor area used for exhibition halls and assembly space skating rinks, without fixed seats 24. Warehouses and 1 space for each 3 employees on maximum shift wholesale 25. Other uses not specifically listed above shall furnish parking spaces as required by the Planning Commission. In determining the off-street parking space requirements for said uses, the Planning Commission shall use the above requirements as a general guide and shall determine the minimum number of parking spaces required to avoid undue interference with the public use of streets and alleys. 26. More parking spaces may be required as a condition of any conditional use permit or master plan approval when the Planning Commission finds that characteristics of a specific use require more parking, to relieve a critical shortage of curb space, to facilitate the free flow of traffic or to reduce a hazard to public safety.

(Ord. 611; Ord. 752 § 1; Ord. 859 § 1; Ord. 898 § 1; Ord. 961 §§ 1, 2, and 3, June 2, 1980; Ord. 1168 § 1, September 7, 1999; Ord. 1188 § 14, June 2, 2003; Ord. 1209, November 21, 2005; Ord. 1278 § 17, July 18, 2016)

Where it can be demonstrated that the reasonable and practical development of property precludes the provision of required off-street parking, the Planning Commission may permit the requirements thereof to be satisfied in all areas zoned CG, CN and PA by the payment to the City of a sum equivalent to the estimated, normal, current cost to the City of providing required parking spaces to serve the contemplated use. Any off-street parking satisfied in this manner shall run with the land and any subsequent change of use which requires more parking shall require subsequent action to satisfy the additional parking requirement. No refund of such payments shall be made when there is a change to a use requiring less parking. Prior to issuance of a building permit and/or business license, the applicant shall either deposit the in lieu payment in one lump sum or agree to a payment schedule.

The maximum amount of payment for each required parking space shall be fixed by resolution adopted from time to time by the City Council. Funds derived from such payments shall be deposited by the City in a special fund, and, unless the applicant consents otherwise, shall be used and expended exclusively for the purpose of planning, designing, acquiring and developing off-street parking facilities located, insofar as practical, in the general vicinity of the property for which the in-lieu payments were made. A request for permission to make such payment in lieu of providing off-street parking shall be included with the variance application.

When a variance is granted from all or a portion of the off-street parking requirements of this title, such variance may be granted upon the condition that the applicant make payment to the City in accordance with the provision of this section. (Ord. 743 § 1; Ord. 805 § 1; Ord. 836 § 1; Ord. 852 § 1; Ord. 932 § 1; Ord. 961 § 4, June 2, 1980; Ord. 1168 § 2, September 7, 1999)

Loading space off the street right-of-way, in addition to any required parking area, shall be required as follows:

A. Retail stores, supply houses, warehouses, wholesale establishments, manufacturing or
industrial establishments, and similar uses: One space for each establishment and not less
than one space for each 10,000 square feet of gross area (ground or floor) used for the listed
or related uses;

B. Hotels, hospitals and public or semi-public buildings where large amounts of goods are
received or shipped: One space for each establishment;

C. In any case where the use involves the standing of vehicles, such as a service station or
drive-in operation, no structure shall be located closer to a street than will permit space for
the standing of vehicles off the street and adequate space for traffic movements.

The lawful use of land and structures which existed at the time of the adoption of this title on December 19, 1956, although such uses do not conform to the regulations herein specified for the district in which the lot or structure is located, may be continued provided that such use shall not be enlarged nor increased nor extended to occupy a greater area than that occupied by such use at the time of the adoption of this title and further provided that such use is not conducted in a manner constituting a public nuisance. A nonconforming structure or nonconforming area of a structure shall remain within the same occupancy classification as defined by the most recent version of the California Building Code. Intensifying the building or structure's occupancy (e.g., from a non-habitable space to a habitable space) shall require compliance with all applicable provisions of the Zoning Ordinance.

If such use or occupancy is abandoned or discontinued for a continuous period of one year, the

subsequent use of such land or structure shall be in conformity with the regulations specified by this title for the district in which such lot is located. Temporary cessation of use for periods of time less than one year or where a property owner can demonstrate that he or she has diligently been attempting to lease the space shall not be regarded as an abandonment or discontinued use. If, not later than one year following cessation of use, the property owner applies for and thereafter diligently pursues necessary permits and approvals to authorize continuation of the use, the use shall not be regarded as abandoned or discontinued.

If a nonconforming commercial building is located in a residential district and still has economic life as a commercial building, the Planning Commission may, through the conditional use

permit procedure, allow other commercial uses which, in its opinion, are similar in nature. The Commission must find that the proposed use will not be detrimental to the existing residential area, and shall limit the permit for a period no longer than the useful economic life of the building.

Parking space requirements for re-establishment of nonconforming uses following abandonment or discontinuation of those uses shall be the same as for newly established uses pursuant to Sections 20.60.090(A)—(F) and (G) of this title. (Ord. 1277 § 4, June 6, 2016)

A. Replacement After Demolition.

1. Voluntary Demolition. If more than: (a) 50% of the exterior roof structure; or (b) 50%
of the exterior walls (exclusive of siding and/or sheathing); or (c) 50% of the
combined total area of the exterior roof structure and exterior walls (exclusive of
siding) of a nonconforming building or structure is voluntarily demolished within any
period of 24 months, said nonconforming building or structure, shall be reconstructed
or replaced only in compliance with all applicable provisions of this Zoning
Ordinance.

2. Involuntary Demolition. If more than: (a) 75% of the exterior roof structure; or (2)
75% of the exterior walls (exclusive of siding); or (c) 75% of the combined total area
of the exterior roof structure and exterior walls (exclusive of siding) of a
nonconforming building or structure is involuntarily demolished within any period of
24 months, said nonconforming building or structure shall be reconstructed or
replaced only in compliance with all applicable provisions of this Zoning Ordinance
with the exception that nonconforming buildings or structures that exceed the floor
area ratio (FAR) limitations shall be allowed to be rebuilt to the square footage
existing prior to the involuntary demolition, but must conform to all other
development standards.

B. Minor Remodel. A nonconforming building may undergo a minor remodel including
normal maintenance and repairs, painting, interior and exterior wall surface repair, window
and roof repair, and fixture replacement, provided that the additions and alterations and/or
repairs comply with all applicable provisions of this Zoning Ordinance.

C. Exceptions.

1. Seismic Upgrades. Reconstruction required to reinforce masonry structures shall be
permitted, provided the retrofitting is limited exclusively to compliance with
earthquake safety standards.

2. Building Code Upgrades. Reconstruction necessary to comply with the Building
Code shall be allowed, provided the reconstruction is limited exclusively to
compliance with earthquake or Building Code safety standards, as identified in other
applicable Building Code requirements, including state law (e.g., Title 24, California
Code of Regulations, etc.).

3. Floodplain Upgrades. Modifications to a building to minimally comply with the City's
Floodplain Management Ordinance shall be permitted without the need of a variance
except when the modification would exceed the height limitations.

4. Voluntary Code Upgrades. Improvements to bring a building further into compliance with adopted Building Codes shall be allowed, provided the retrofitting is limited to code upgrades and does not include other alterations or upgrades. (Ord. 1277 § 6, June 6, 2016)

   § 20.60.160. (Reserved)

Nothing contained in this title shall be deemed to require any change in the planned construction, or designated use of any building for which a building permit has properly been issued in accordance with the provisions of the ordinance then effective, and upon which actual construction has been started prior to the effective date of any provision of this title, provided that in all such cases actual construction shall be diligently carried on until completion of the building.

Application may be made for "Planned unit development approval," called P.U.D. approval, for any district under the following provisions and conditions:

A. Purpose. The purpose of planned unit development approval is to allow diversification in
the relationships of various buildings and structures, and open spaces in planned building
groups and in the allowable heights of said buildings and structures, to allow variation in
lot sizes; to encourage comprehensive site-planning productive of optimum adaptation of
development to the land, while insuring that the intent of this title in requiring adequate
standards related to the public health, safety, and general welfare shall be observed.

B. Limitation of Development and on Issuing Building Permits. After application for a P.U.D.
approval, no development of the land involved shall be permitted, nor shall any building
permit be issued for any structure to be located within the limits of the development until
the applicant has filed written notice with the Commission that he or she is withdrawing his
or her application for P.U.D. approval.

C. Minimum Area. The minimum area of a P.U.D. shall be not less than four acres of
undeveloped property, and/or property which may be redeveloped, but in no event may it
comprise less than the entire contiguous property under one ownership.

D. Fee. Application for P.U.D. approval shall be made by the owner or his/her agent on a form
prescribed by the City and shall be accompanied by a fee in an amount established by
resolution to be adopted by the City Council.

E. Drawings, Plans and Information. Drawings and plans shall accompany the application and
shall comprise a general development plan covering the entire area of the P.U.D. as defined
in subsection C of this section and showing uses, dimensions and locations of proposed
structures, areas to be reserved for vehicular and pedestrian circulation, parking, public
uses such as schools and playgrounds, landscaping, and open spaces, and except as
provided below, architectural drawings and plot plans demonstrating the design and
character of the proposed uses and the physical redesign and character of the proposed uses
and the physical relationship of the uses. The Planning Commission may require the
submission of additional plans, data and information.

1. No architectural drawings and plot plans shall be required in any single family
residential district; provided that the Planning Commission at its discretion may
require submission of said drawings and plans prior to approval of the P.U.D.

2. In any multiple family, commercial, professional office or unclassified district, no architectural drawings need accompany the original application and the Planning Commission may give partial approval of the P.U.D. on this basis, but no building permit shall be issued, nor any construction commenced unless and until the drawings have been considered and approved by the Planning Commission and full approval of the P.U.D. secured. 3. Where completed drawings are considered, planned unit development approval shall be noticed as provided for in Section 20.60.200.

   F. Public Hearings. At least one public hearing shall be held on each application.

   G. Findings. In order to approve a planned unit development, the Commission shall find the following: 1. That construction on the project will begin within a reasonable period of time from the date of full approval and will be completed within a reasonable period of time. 2. That the proposed development substantially conforms to the general or master plan or to any later adopted precise plan or otherwise governing policy by the City Council. 3. That all residential development will constitute an environment of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will result in an intensity of land utilization no higher than, and standards of open spaces at least as high as permitted, or as otherwise specified, for the district in which this development occurs. 4. That all commercial development will create no traffic congestion, will not interfere with any projected improvements, has provided for proper entrances and exits along with proper provisions for internal traffic and parking, and that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent and surrounding existing or prospective development. 5. That the development of an harmonious, integrated whole justifies exceptions, if such are required, to the normal requirements of this title, and that the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations.

H. Action by Commission and City Council. The Planning Commission may recommend to the City Council approval, conditional approval or denial of an application for a P.U.D. Upon receipt of the report of the action of the Planning Commission, the City Council, after public hearing, may affirm, modify or reverse the decision of the Planning Commission.

1. In approving any P.U.D. the conditions imposed by the Planning Commission may
include, but are not limited to: The time within which a project must begin and be
completed, a list or a limit of variances permitted, changed boundaries of the project
uses permitted and specification of minimum development standards.

2. Application for and approval of a P.U.D. wherein variances from the standard
regulations are approved or wherein uses normally requiring use permits are
permitted, shall be deemed to be in compliance with all the necessary procedures for
securing or granting a variance or use permit.

I. Development Subject to Conditions. Any P.U.D., as authorized, shall be subject to all
conditions imposed, and shall be excepted from other provisions of this title only to the
extent specified in the approval, and in the case of a P.U.D. in which architectural review
has not been required, the applicable district regulations shall apply.

J. Duty of Building/Zoning Code Inspector. Following the approval of a P.U.D., the Building/

Zoning Code Inspector shall ensure that development is undertaken and completed in
conformance with the Commission's or Council's approval.

K. Extensions. Extensions of time limitations may be granted by the Commission upon finding
that no change of conditions has occurred in relation to the property since the approval and/
or that the approval is still valid with respect to any changed conditions. Application for an
extension must be received by the clerk of the Planning Commission not less than 30 days
prior to the expiration date. Additional conditions may be imposed by the Commission in
granting any extension of time.

L. Compliance. Following approval of a P.U.D., no development or use of the land, or of any
building, shall be permitted, nor shall any building permit be issued for any structure to be
located within the limits of the development, except in strict accordance with the approved
P.U.D. and all conditions attached thereto.
(Ord. 788 § 10; Ord. 910 § 1, May 15, 1978; Ord. 1182 § 6, April 2, 2002)

Any parcel of land with an area and/or an average width of less than the minimum required by the particular district which was under one ownership at the time of the adoption of this title, which owner thereof owned or has owned no adjoining land, or which parcel is shown as a lot on any subdivision map which is hereafter recorded in the office of the County Recorder of the County after approval of the map by the City Council in the manner provided by law may be used as a building site for one one-family dwelling by the owner of such parcel of land or by his or her successor in interest; provided that all other regulations for the district, as prescribed in this title, shall be complied with.

Unless otherwise specified, notice of public hearing shall be given by the mailing of a notice to all persons, shown on the last equalized assessment roll, as owning real property within 300 feet of the property which is the subject of the application. Such notice shall be mailed at least 10 calendar days prior to the date of the public hearing. The notice shall contain a general description of the proposal, including its location, and shall include the time, date and place of the hearing. In addition to these notice requirements, notice of public hearing may also be provided to the general public as specified by resolution adopted by the City Council. Failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds to invalidate the City's action on the item for which the notice was given. (Ord. 1041 § 8, September 3, 1985; Ord. 1163, January 19, 1999)

A. Definition. "Home occupation" is as an accessory use of a dwelling unit for business activities permitted by subsection B.

B. Permitted Home Occupations. Home occupations are permitted in residential districts with
a business license (See Chapter 5.08, Business Licenses) if they meet the following
standards:

1. The business shall be clearly incidental and secondary to the use of the dwelling for
dwelling purposes.

2. The use is conducted entirely within a dwelling and is carried on exclusively by the
inhabitants of the dwelling.

3. The use does not change the character of the dwelling or adversely affect the uses
permitted in the residential district.

4. The use creates no additional traffic and requires no additional parking spaces.

5. No persons are employed other than that necessary for domestic purposes.

6. There is no indoor or outdoor use or storage of materials, equipment, or supplies,
other than that necessary for domestic purposes.

All applicants for home occupation business licenses must submit a signed
declaration acknowledging review of these standards prior to issuance of a license.

C. Prohibited Home Occupations. Prohibited home occupations shall include, but are not
limited to, clinics, barber shops and cosmetology establishments.
(Ord. 1182 § 6, April 2, 2002)

All landscape plans subject to review by the City shall comply with the latest adopted water conservation ordinance of the Marin Municipal Water District. Prior to final approval of any landscape plan, the applicant shall provide written confirmation to the City that the Water District has approved the plan. (Ord. 1116, December 21, 1992)