Mill Valley council affirms approval of controversial club

The Mill Valley City Council upheld the approval of a controversial private club proposed for downtown that has drawn ire from neighbors.

The council voted unanimously on Monday to uphold the Planning Commission’s Oct. 24 decision to approve the new club, called Treehouse MV, at the former Bank of America building at 60 Throckmorton Ave.

The developers plan to convert the three-story building into a membership-based restaurant, bar and event space. The renovated building would feature a bar and restaurant on the first floor, meeting space on the second floor and a rooftop deck.

An appeal was filed by former mayor Kenneth Wachtel, who argued the business was not in line with the city’s diversity, equity and inclusion policy or the general plan; that it should be required to provide off-street parking; and that the business needed to fully commit to a shuttle service.

“I appealed this decision not only because I believe the Planning Commission got it wrong, but because I believe this is such an important issue to our community that this should be your decision as our elected officials,” Wachtel said. “The fact that an application can be approved does not mean it you should approve it.”

Daisy Allen, a city planner, said the DEI plan does not apply when reviewing non-residential designs or conditional use permits applications.

She said land use codes do not require private clubs to have a numeric parking requirement and are set following a conditional use permit, which reviews parking in the surrounding area, the types of activities occurring in the business, and the frequency of the business hours.

The council included conditions in its decision. The project must offer valet service during large events or meetings that occur before 7 p.m. to ease nearby parking demand, and the business will be required to have a shuttle service for at least one year, after which its use and effectiveness will reviewed.

Trash must be kept inside and pest control will be employed; a door manager will regulate occupancy; and after a year, the business will report how many memberships are income-based or donated.

Mill Valley residents filled up the council chambers to express their support for, or frustration with, the project. Resident John Pearce said he felt that the council’s questions were framed in support of the project, and did not accurately reflect the public’s concerns.

“We’re here today because the idea of a for-profit, private club in the heart of our city in the most iconic remaining building in downtown is antithetical to what Mill Valley’s about,” Pearce said. “All the conversation about community and about building connection and meeting people, it’s nonsense.”

Mayor Urban Carmel said there was a lot of misunderstanding about the purpose of the diversity, equity and inclusion policy. Carmel said that in general, if the project fits within the general plan, it can be approved.

“That’s the whole point we were trying to make last night,” Carmel said on Tuesday.

Many public comments were centered around parking, specifically the effect on the nearby Mill Valley Market. The club is not required to provide off-street parking, according to city code. The plans do call for a valet service and a shuttle.

Carmel said that after the appeal was filed, he and other councilmembers met with representatives of the Mill Valley Market and Sweetwater Music Hall to talk about what could be done to ease concerns, prompting the suggestion that the council require valet and shuttle service as conditions of approval.

Carmel referenced plans for the Mill Valley Lumber Yard, which was once a controversial business application. He recalled that residents were especially concerned about noise.

“People have a hard time imagining anything different from what they have today,” Carmel said. “I think the Treehouse is falling into that same problem, but who would want an empty building instead of a business that employs people?”

Wachtel argued that the fear of an empty building is not a good enough reason to approve the project, saying it lacked “proper stewardship” or long-term planning.

Some residents took issue with the parking and central location of the building. Resident Susan Hirsch said the parking allowance would set a dangerous precedent for future businesses and said it was unfair to businesses that have had to meet city parking requirements.

“I’m not against their business, I think it’s a great idea in theory, I’m just against it in this location,” Hirsch said. “Their parking requirements are in clear violation of Mill Valley variance and I think it’s kind of outrageous to give them a freebie because they’re private.”

Resident Sarah Davis said the community was not giving the project developers enough credit. She said the business will increase foot traffic to local businesses, too.

“I think we need more magical thinking,” Davis said. “What if we had hope that these individuals could create a space that was equitable and inclusive? They’ve talked about public nights, they’ve talked about different art and cultural public events where everyone can be included. Give them a chance to implement.”

“A private club in the heart of our small town would be out-of-character with our history and community, and would dramatically increase usage of our limited public parking spaces,” resident Roland Cline wrote to the council.

“I think Treehouse is a viable option for a space where there is no other viable business interest,” resident Jeffrey Krischer said.

Carmel and the developer pointed out that the building is not well suited for other uses, such as retail or a restaurant. Carmel said even if their business fails, the building will have had a costly remodel done to make it better suited for future occupants.

Andrew Reeder, a representative of the building’s owner, Spruce CRE, said the company did not receive any other application to rent the building in the past two years. He said they will take on a “significant capital improvement” to the property.

“I think it’s going to work really well,” Carmel said. “I think this is going to be an iconic building and iconic business model, in Mill Valley.”