Mill Valley Municipal Code Ch. 20.69 Zoning Amendments

This chapter provides for the amendment of zoning boundaries (rezone) whenever public necessity, convenience and general welfare require. No amendment to provisions of this Zoning Ordinance shall be made unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan.

(Ord. 1368, 4/20/2026)

Zone boundary amendments may be initiated by the City Council, the Planning Commission, the Zoning Administrator (Director of Planning and Building) or by an application of one or more owners of property affected by the proposed amendment. An application made by one or more owners shall be accompanied by a fee as established by resolution of the City Council from time to time hereinafter enacted.

(Ord. 1368, 4/20/2026)

An application for a zoning amendment shall be accompanied by maps, drawings, and data necessary to demonstrate that the proposed amendment is in conformance with the General Plan, and that public necessity, convenience and general welfare require or permit the adoption of the proposed amendment. An accurate legal description and map of the land and any pertinent existing buildings shall be submitted with the application. The map shall include the following information:

A. All parcels of land, any parts of which are closer than 500 feet to any part of the property proposed to be rezoned.

B. Names and last known addresses of the recorded legal owners of all properties shown on the map.

C. Existing streets, streets proposed by an officially adopted plan of the City of Mill Valley and all surface drainage channels.

D. Existing zoning of all land within 500 feet of the property proposed to be rezoned.

(Ord. 1368, 4/20/2026)

The Director of Planning and Building shall make an investigation of the proposed zoning amendment and prepare a report based on the investigation to be submitted to the Planning Commission and/or City Council.

(Ord. 1368, 4/20/2026)

For proposed amendments subject to Planning Commission review in accordance with Section 20.69.010, the Planning Commission shall hold a public hearing in accordance with this section.

A. Notice of Public Hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Mill Valley at least 10 days prior to said public hearing, and by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Marin County as owning property within 500 feet of the boundaries of the property that is the subject of the hearing. If the proposed zoning amendment affects the permitted use of real property, notice of the hearing shall be published in a newspaper of general circulation in the City of Mill Valley and mailed to the owners of properties within 500 feet of the boundaries of the property that is the subject of the hearing at least 20 days prior to the hearing.

B. Action by the Planning Commission at Conclusion of Hearing. If, at the conclusion of the hearing, the Planning Commission finds the amendment to be in conformance with the General Plan and consistent with the public necessity, convenience, and general welfare, it may recommend amendment of this Ordinance. The recommendation shall be by resolution, by a majority vote of the total members present, including any member disqualified to vote for reason of conflict of interest. Denial of an application shall terminate the proceedings unless the decision is appealed to the City Council as provided below or the amendment was initiated by the City Council.

C. Modification by Planning Commission. After a public hearing, the Planning Commission may modify any proposed amendment if it deems such modification necessary or desirable in light of the required findings set forth in subsection B of this section. If the Planning Commission makes a modification it must provide its reasoning, along with a statement as to the initial proposal, to the City Council.

(Ord. 1368, 4/20/2026)

The recommendation of the Planning Commission shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearings, and all data submitted with the application.

(Ord. 1368, 4/20/2026)

The City Council shall hold public hearings in accordance with this section to consider both proposed amendments subject to Planning Commission review and amendments for which Planning Commission review is not required in accordance with Section 20.69.010.

A. Notice of Public Hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Mill Valley, at least 10 days prior to said public hearing, and by mailing postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the last adopted tax roll of Marin County as owning property within 500 feet of the boundaries of the property that is the subject of the hearing.

B. Action by the City Council at Conclusion of Hearing. If, at the conclusion of the hearing, the City Council finds the amendment to be in conformance with the findings specified in Section 20.69.080, the City Council may adopt the amendment.

(Ord. 1368, 4/20/2026)

In order to amend the Ordinance, the City Council shall find the following:

A. That the proposed amendment is in general conformity with the General Plan and any applicable plans; and

B. That the public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment.

(Ord. 1368, 4/20/2026)

In case an application for an amendment to the Zoning Ordinance is denied, said application shall not be eligible for reconsideration for one year subsequent to such denial, except that a new application affecting or including all or part of the same property that is determined by the Director of Planning and Building to be substantially different from the application denied, or an application denied without prejudice, may be eligible for consideration within one year of the original application.

(Ord. 1368, 4/20/2026)