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Planning commission backs commercial code update, asks City Council to reconsider downtown size threshold
Summary
The Planning Commission recommended adoption of a comprehensive commercial regulations update that creates an administrative use permit tier, tightens some downtown protections and sets food-truck rules, while asking the City Council to reconsider requiring a CUP for downtown uses between 3,005 and 5,000 sq ft.
The Mill Valley Planning Commission voted unanimously to recommend that City Council adopt a package of updates to the city's commercial regulations (proposed Chapter 20.40 and revisions to Chapter 20.64) that would modernize land-use tables, introduce an Administrative Use Permit (AUP) tier to streamline some small-business approvals, and add new definitions and standards for uses such as food trucks, live-work units and indoor recreation.
Senior planner Daisy Allen summarized the proposed ordinance changes, including guidance that one food truck in a commercial district would require an AUP while more than one would trigger a conditional use permit, updates to hours of operation (6 a.m. to 10 p.m.) and an extension of temporary-use permit durations to six months with a possible 30-day director extension. Allen said the changes were developed after study sessions and City Council direction. "The chapter provides more differentiation among zone districts," Allen said, and staff recommended the ordinance as consistent with the General Plan and exempt from CEQA. Commissioners raised concerns about whether easing some thresholds would make downtown vulnerable to formula (chain) businesses; staff and the director said a focused formula-retail policy was not in the current scope and would require a separate ordinance.
After discussion and spot-checking downtown footprint data, the commission moved to recommend the ordinance to Council but asked that the city council reconsider requiring a CUP for uses between 3,005 and 5,000 square feet in the CD (downtown) district to preserve more scrutiny on a small number of large downtown spaces. The commission also emphasized that the good-neighbor policies, noise ordinances, and code enforcement remain tools for neighbors to raise concerns when a use is permitted administratively. Jim Welty of the Mill Valley Chamber spoke in support of staff's approach and encouraged flexibility to attract larger restaurants.
