Mill Valley planning commissioners debate new administrative permit and size thresholds to speed business openings

Mill Valley Planning Commission held a study session July 22 to review a draft commercial code update that would consolidate commercial regulations into a revised Chapter 20.40, add modern land-use categories and definitions, and create a lower-level Administrative Use Permit (AUP) intended to shorten timelines and reduce fees for many business changes.

Daisy Allen, senior planner, presented the staff's draft, saying the existing code often forces businesses that exceed a 1,500-square-foot threshold into conditional use permits (CUPs) that cost about $8,000 and take at least two months. Allen said the draft would remove the universal 1,500-square-foot trigger, replace it with use- and district-specific thresholds, codify commonly applied conditions via a "Good Neighbor" performance standard, and centralize commercial rules in Chapter 20.40 while placing new definitions in Chapter 28.

The AUP would be an administrative review by the planning director, with the director's decision appealable to the Planning Commission. Allen and Director Kelly said the AUP is not intended to eliminate CUPs for high-impact uses but to streamline approvals for lower-impact or clearly compatible businesses. "We're introducing an administrative use permit process for certain use types," staff said, and "the director determination would be appealable to the planning commission."

Commissioners focused most of their discussion on size thresholds and downtown character. Staff…