The general provisions and exceptions are incorporated into the zoning title to provide a listing and explanation of provisions and exceptions which are common to more than one or, all zoning districts. The provisions contained herein are to be considered applicable to all zoning districts unless otherwise indicated, the same as if they were separately included under each zoning district.

(Ord. No. 1379 C.S., § 20, 2-19-2014; Ord. 1328 C.S., § 4 (part), 2006.)

In addition to the requirements of this Title all proposed use changes and/or construction shall be subject to the provisions of Title 20 of this code. As provided therein, the potential environment impact of a proposed use change and/or construction project is required to be evaluated prior to a final determination as to the acceptability of a proposed use, whether listed as a permitted or conditional use in the zoning regulations or not. A decision must be reached as to the applicability of the Environmental Quality Act to a proposed use change and/or construction project and, if applicable, as to the potential environmental impacts of the proposed use change and/or construction project prior to any decisions as to the acceptability of the proposed use change and/or construction project.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.1.)

Each application made for a building permit to construct or alter the exterior of a structure shall be subject to architectural and site design review by the Planning Division prior to issuance of the permit, except for Accessory Dwelling Units consistent with Chapter 22.43 or as provided below relative to the R and RR Single-Family Residential Districts.

This section and Sections 22.34.040 through 22.34.070 shall apply to applications for building permits in the R and RR districts only when one or more of the following conditions exist:

A.

The permit site is an undeveloped parcel adjoining one or more additional undeveloped parcels under the same ownership, as shown on the current Tax Assessor's rolls. "Adjoining" for purposes of this section and Sections 22.34.030 through 22.34.070 includes parcels separated by public rights-of-way, including streets and nonexclusive easements.

B.

The permit site is located in a visually significant area. "Visually significant" areas are those labeled as "visually significant hilltops and ridges," "visually significant hillsides," "visually significant riparian vegetation" and "visually significant skyline vegetation" on the map entitled "visual environment" within the open space and conservation element of the 1973 General Plan, as amended.

C.

The permit site is located within a seismic or geologic hazard area. A permit site shall be considered as located within a seismic or geologic hazard area if it appears to lie on a fault trace or on "slopes, 20 to 30 percent having high landslide susceptibility" or on "slopes over 30 percent in grade" as identified on the map entitled seismic and geologic hazards within the open space and conservation element of the General Plan.

D.

The natural grade of the permit site under the proposed structure has an average slope of ten percent or greater. The method for computing slope shall be specified in Section 22.12.170.

(Ord. 845 C.S., 1976: Ord. 822 C.S. § 2 (part), 1975; prior code § 10,114.2(a).)

(Ord. No. 1447, § 8, 7-19-2023)

Complete site plans and elevations shall be submitted to the Planning Department showing all proposed structural development, the relationship of existing structures and all other proposed improvements. Such drawings shall be considered by the Planning Director in an endeavor to insure that the architecture and general appearance of the site, structures and grounds will be in keeping with the character of the neighborhood, will not be detrimental to the orderly and harmonious development of the City, and reflect City development policies and goals. The Planning Director may, at any time, withhold action and refer the, matter directly to the Board of Adjustments.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.2(b).)

The Community Development Director shall not approve any Design Review application unless the proposed design and use conforms with the following criteria and standards by:

A.

Complying with all other applicable provisions of the Martinez Municipal Code involving the physical development of buildings, structures and property, including use restrictions;

B.

Providing desirable surroundings for occupants as well as for neighbors. Emphasis is placed upon exterior design with regard to height, bulk, and area openings; breaks in the facade facing on a public or private street; line and pitch of the roof; and arrangement of structures on the parcel;

C.

Having a harmonious relationship with existing and proposed neighboring developments avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted;

D.

Using a limited palette of exterior colors; those colors must be harmonious and architecturally compatible with their surrounding environment;

E.

Using a limited number of materials on the exterior face of the building or structure. In addition, all interior surfaces normally visible from public property shall be finished;

F.

Having exterior lighting appropriately designed with respect to convenience, safety, and effect on occupants as well as neighbors;

G.

Effectively concealing work areas, both inside and outside of buildings, in the case of non-residential facilities;

H.

Undergrounding all utility boxes unless it can be shown that they can be effectively screened from the view of the general public;

I.

Designing the type and location of planting with respect to the preservation of specimen and landmark trees, water conservation as set forth in Chapter 22.35, and maintenance of all planting;

J.

Establishing a circulation pattern, parking layout and points of ingress and egress (both vehicular and pedestrian), designed to maximize pedestrian safety and convenience and to minimize traffic congestion resulting from the impediment of vehicular movement. When applicable, access for handicapped individuals should be considered;

K.

Ensuring that all signs be designed so that they are in scale with the subject development, and will not create a traffic hazard. Emphasis is placed upon the identification of the use or building rather than the advertising of same;

L.

Substantially preserving views from nearby properties where this can be done without severe or undue restrictions on the use of the site, balancing the property rights of the applicant and the affected property owner(s).

The Community Development Director may attach conditions, including requirements for dedications and offsite improvements, to the approval of any Design Review application when necessary to assure compliance with this section. Approval of Design Review shall expire in one year, in the same manner as set forth in Section 22.40.120 for use permits.

(Ord. 1208 C.S. § 1, 1993; Ord. 1195 C.S. § 1, 1993; Ord. 1043 C.S. § I, 1985.)

The applicant may appeal a decision of the Planning Director to the Board of Adjustments in writing, within 10 days of the rendering of the decision. The Board of Adjustments shall review the staff decision within 45 days of receipt of said appeal and may affirm, modify or reverse the findings of the Planning Director.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.2(c).0)

A.

Within 10 days of an action taken by the Board of Adjustments, the applicant may appeal the decision in writing to the Planning Commission. The appeal shall be made in a form prescribed by the Planning Commission and filed with the Planning Department. The Planning Commission may affirm, modify or reverse a decision of the Board of Adjustments.

B.

The Planning Commission shall hear the matter de novo. Design review approval shall require a majority vote of the members of the Planning Commission voting on the matter. A tie vote shall have the legal effect of denying design review approval.

(Ord. 1275 C.S. § 1, 2000; Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.2(d).)

A.

Within 10 days of an action taken by the Planning Commission, the applicant may appeal the decision in writing to the City Council. The appeal shall be made in a form prescribed by the Council and filed with the City Clerk. The City Council may affirm, modify or reverse a decision of the Planning Commission.

B.

The City Council shall hear the matter de novo. Design review approval shall require a majority vote of the members of the City Council voting on the matter. A tie vote shall have the legal effect of denying design review approval.

(Ord. 1275 C.S. § 2, 2000; Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.2(e).)

Sign regulations for all zoning districts in the City shall be as prescribed in Title 16 of this Code.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.3.)

Fences, walls and hedges not exceeding 6 feet in height shall be permitted, except that they may not exceed 3 ½ feet in height within a required front yard area, with the following exceptions:

A.

In the R Residential Districts, on a site having a natural downslope of 20% or more in the required front yard, a fence, wall or hedge not exceeding 6 feet in height shall be permitted in the front yard;

B.

In the R, I and PA districts, fences, walls and hedges shall not exceed 3 ½ feet in height anywhere within 50 feet within a street intersection;

C.

In the C Commercial Districts, fences, walls and hedges shall not exceed 3 ½ feet anywhere within 15 feet of a street intersection.

D.

Chain link fences shall only be permitted in the HI district, except as provided for by a variance granted administratively without a public hearing. The variance shall be granted if Staff makes the variance findings provided in Section 22.44.070(A).

E.

Fences and walls placed directly on or adjacent to one or more other fences and walls shall not exceed a combined height of six feet. Fences and walls are considered separate structures and may each be up to six feet tall provided that a minimum separation distance equal to or greater than the height of the shorter structure exists.

(Ord. No. 1448, § 10, 9-27-2023; Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.4.)

Upon application, or on its own initiation, the City Planning Commission may add a use to the list of permitted uses prescribed in Sections 22.16.040 through 22.16.070, 22.18.030 and 22.18.040 of this Title if the Commission makes the following findings that:

A.

The addition of the use to the list of permitted uses will be in accord with the purposes of the district in which the use is proposed;

B.

The use will be an appropriate addition to the list of permitted uses because the use has the same basic characteristics as the uses permitted in the district;

C.

The use will not be detrimental to the public health, safety or welfare;

D.

The use will not adversely affect the character of any district in which it is proposed to be permitted;

E.

The use will not create more vehicular traffic than the volume normally created by any of the uses permitted in the district;

F.

The use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the uses permitted in the district.

When a use has been added to a list of permitted uses in accord with the procedures prescribed in this section, the use shall be deemed to be listed as a permitted use in the appropriate section, and shall be added to the text of this section of this Title when it is next published.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.5.)

A.

No site or structure shall be used or designated for use for any purpose or in any manner other than in conformity with regulations for the district in which the site or structure is located.

B.

No structure are shall be erected and no existing structure or use shall be moved, altered or, enlarged except in conformity with the regulations for the district in which the structure or use is located.

C.

No yard or other open space surrounding any structure or use shall be used, encroached upon or reduced in any manner except in conformity with the regulation for the district in which the yard or open space is located.

D.

No site held in one ownership at that time of the adoption of this Title or at any time thereafter shall be reduced in any manner below the minimum area, frontage, width or depth prescribed for the district in which the site is located.

(Ord. 822, C.S. § 2 (part), 1975: prior code § 10,114.6.)

No yard space provided about any structure in compliance with the regulation for the district in which it is located shall be deemed to provide a yard space for any other structure, and no yard on one site shall be deemed to provide a yard space for a structure on any other site.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.8.)

Editor's note— Ord. No. 1469, § VII, adopted April 2, 2025, repealed § 22.34.140, which pertained to coverage—measurement and derived from Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.9.

A.

Required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site; provided, that where an official plan line has been set by action of the City Council or any other duly authorized agency or official, required yards shall be measured from the official plan line, and no provision of this Title shall be construed to permit a structure or use to extend beyond such line; and provided further, that where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

B.

On a site which is not rectangular or approximately rectangular in shape, required yards shall be measured in the manner prescribed by the Board of Adjustments.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.10.)

A.

Architectural features including sills, chimneys, cornices and eaves may extend into a required side yard or a space between buildings not more than 18 inches and may extend into a required front or rear yard not more than 6 feet.

B.

Open, unenclosed, uncovered balconies, porches, platforms, stairways and landings placed, no part of which is more than 6 feet above the surface of the ground, may extend into a required yard or space between buildings not more than 6 feet.

C.

Open, unenclosed, uncovered metal fire escapes may project into any required yard or space between buildings not more than 3 feet.

D.

Swimming pools shall be permitted in any yard except a required front yard. No pump or filter installation shall be located less than 5 feet from a side property line or the rear property line of a reversed corner lot.

E.

Fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open space, subject to the limitation prescribed in the district regulation.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.11.)

A.

Method of Measurement. To limit the height of structures and to encourage conformity with the natural grade upon which they are place; the height of a structure shall be measured vertically from any point of the surface of the ground covered by the structure directly over said point. For residential sites (and other sites at the option of the Planning Commission) exceeding 10% existing natural slope for the portion of the site covered by the proposed structure, height shall be measured from the original natural grade.

B.

Exceptions to Maximum Height Limitations.

1.

The Planning Commission may consider requests for exceptions to a zoning district's maximum height limitation by use permit (Chapter 22.40 et seq.).

2.

Towers, spires, cupolas, chimneys, penthouses, water tanks, flagpoles, monuments, scenery lofts, transmission towers, fire towers and similar structures and necessary mechanical appurtenances covering not more than 10% of the ground area covered by the structure, may be erected to a height not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located. Utility poles and towers shall not be subject to the height limits prescribed in the district regulations. Radio and television aerials may be erected to a height not more than 50 feet above the height limit prescribed by the regulations for the district in which the site is located.

(Ord. 1335 C.S. § 4, 2007: Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.12.)

All landscaped areas or nonstructural site development elements other than parking, required under use permits, variances or PUD permits, shall be subject to the provisions of this section. Nonstructural site development elements shall include but are not limited to: lighting needed for safety purposes, sprinkler systems, walkways, stairs, ramps, benches, screens, fences, walls or any structure for which a building permit is not required.

A.

Installation Performance Bond. When landscaping and/or nonstructural site development elements, other than parking are required as a condition of approval, as prescribed in this title, a performance bond, surety bond or cash deposit, in the amount of 100 percent of the estimated cost of materials and installation, shall be posted prior to the issuance of any building permit.

B.

Maintenance of Landscaped Areas. A landscaped area provided in compliance with the regulations prescribed in this title shall be planted with materials suitable for screening and enhancement of the facility, and plant materials shall be replaced as needed to maintain the site in at least the condition shown on the approved landscape plan. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed and/or otherwise maintained as may be prescribed by the Planning Department. Performance bonds in the amount of one hundred percent (100%) of the replacement cost of the landscaping may be required to be posted to guarantee the continued maintenance of required landscaping, for up to a 10-year period, when determined by the Board of Adjustments or Planning Commission to be appropriate or necessary because of the important role of landscaping as a part of the approved overall design concept.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.13.)

A.

A dog fanciers' dog license shall be obtained from Contra Costa County animal control only after issuance of a conditional use permit and only in the following land use districts: Residential Districts, except R-1.5 and R-2.5; Commercial Districts; Industrial Districts; Environmental Conservation Districts. Dog fancier's conditional use permits shall not be granted on sites of less than 20,000 square feet. Dog fancier's permits shall limit the number of dogs over six months of age permitted on the site to 4, except that in Residential Districts requiring 20,000 square feet or more minimum lot sizes, the maximum number of dogs permitted shall be fixed by the Board of Adjustments as a condition in granting of a conditional use permit. All dogs maintained by dog fanciers shall be confined on the premises or trained and exercised under the owner's control and shall be enclosed in a building during the hours of darkness.

B.

Compliance. All dog fanciers within the City shall comply with the regulations of this section within 12 months of the effective date of the ordinance codified herein by the following means:

1.

Dog fanciers who cannot comply with these provisions due to inadequate site area, improper zoning or other reasons shall not be permitted to renew their yearly dog fanciers' license through Contra Costa County animal control at the expiration of the current license, and the use shall be abandoned thereon.

2.

Dog fanciers who can comply with these provisions shall do so through the obtaining of a conditional use permit prior to renewal of their yearly dog fanciers' license through Contra Costa County animal control at the expiration of the current license.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.14.)

A.

No person shall establish, maintain or operate in the City any rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel or for the exportation or importation, or sale of earth fill without first obtaining a land use permit from the Board of Adjustments after due notice and hearing under the procedures set forth in Chapter 22.40 of this Title.

B.

The Board of Adjustments may approve an application for a quarry or a crushing plant if, on the basis of the application and the evidence submitted, the use will not be nor is likely to become a public nuisance, or will be dangerous or detrimental to the public peace, health, safety or general welfare.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.15.)

On the Planning Commission's recommendation, the City Council may impose conditions on the zoning reclassification of property. These conditions shall be those only which the Council determines, after considering the Commission's recommendations, to be necessary to avoid circumstances inimical to the public health, safety or general welfare, or to fulfill public needs reasonably expected to result from the allowable uses and/or development; and the conditions shall be reasonably related to the necessities of each case considering all the relevant facts.

Further, these conditions shall relate to special problems of the property if rezoned, such as water supply, sewers, utilities, drainage, grading or topography, access, pedestrian or vehicular traffic, or proposed physical developments affecting nearby properties.

The ordinance reclassifying the property shall not be operative until the conditions have been satisfied, or assurance provided by way of contract (with adequate surety), as found and declared by Council resolution.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,114.16.)

For retail stores exceeding 90,000 square feet of gross floor area, no more than 5% of the total sales floor shall be devoted to the sale of non-taxable merchandise.

(Ord. 1296 § I, 2002.)

A.

Homeless shelters, emergency may be located within areas of the SC—Service Commercial District or the LI- Light Industrial District, and with the following development and performance standards:

1.

On-site management and on-site security shall be provided during all hours when the emergency shelter is in operation at a ratio of 1 staff member for every 15 persons utilizing the shelter. One office or cubicle intake area per 10 clients shall be maintained. An indoor onsite waiting area of no less than 275 square feet shall be provided.

2.

External lighting shall be provided for security purposes as a minimum average of 3 foot candles at ground level. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the surrounding area.

3.

The development may provide 1 or more of the following specific common facilities for the exclusive use of the residents and staff:

a.

Central cooking and dining room(s).

b.

Recreation room.

c.

Counseling center.

d.

Child care facilities.

e.

Other support services.

4.

Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area. On-site parking spaces shall be provided as required by Section 22.36.070.A.11, Parking—Miscellaneous Use Table.

5.

A refuse storage area shall be provided that is completely enclosed with masonry walls not less than 5 feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel. The refuse enclosure shall be accessible to refuse collection vehicles.

6.

The agency or organization operating the shelter shall comply with the following requirements:

a.

Temporary shelter shall be available to residents for no more than 180 days in a calendar year. No individual or household may be denied emergency shelter because of an inability to pay.

b.

Staff and services shall be provided to assist residents to obtain permanent shelter and income.

c.

The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

7.

No emergency homeless shelter shall be located within 300 feet of another emergency homeless shelter site.

8.

The facility shall obtain and shall at all times maintain good standing with any and all Federal, State, County and City licenses as required by each such agencies for the owner(s), operator(s), and/or staff on the proposed facility.

9.

The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) shall not exceed 30 persons.

B.

Homeless shelters, ongoing are subject to the same requirements for emergency homeless shelters in Subsection A above, with the exception of 22.34.230.A.9, as maximum occupancy is to be established by use permit.

(Ord. No. 1379 C.S., § 21, 2-19-2014)

A.

Application. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Requests for reasonable accommodation shall be submitted with the planning application form (no fee) and with a letter to the Planning Division Director and shall contain the following information:

1.

The applicant's name, address and telephone numbers.

2.

Address of the property for which the request is being made.

3.

The name of the property owner and owner's written consent or signature on planning application form.

4.

The current actual use of the property.

5.

The basis for the claim that the person(s) is considered disabled under the fair housing laws.

6.

The zoning code ordinance provision, regulation or policy from which reasonable accommodation is being requested.

7.

Why the reasonable accommodation is necessary to make the specific property accessible to the person(s).

8.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the reasonable accommodation.

9.

Other relevant supportive information as requested by the Planning Division Director or his or her designee, consistent with fair housing laws.

B.

Decision. Planning Division Director or his or her designee shall render a decision in writing within 30 days after the application is complete, and shall approve, approve with conditions or deny the application based on the findings in Subsection C.

C.

Findings. The Planning Division Director or his or her designee shall approve the application, with or without conditions, if the following findings are made:

1.

The housing will be used by a disabled person;

2.

The requested accommodation is necessary to make specific housing available a disabled person;

3.

The requested accommodation would not impose an undue financial or administrative burden on the City; and

4.

The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

D.

Appeal. An appeal of the decision by the Planning Division Director or his or her designee may be made pursuant to the appeal procedures in Section 22.06.050.

E.

Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval (including but not limited to: design review, variance, conditional use permit, rezoning, general plan amendment, etc.), then the applicant shall file the information required by Subsection A together for concurrent review with the application for discretionary approval.

(Ord. No. 1379 C.S., § 22, 2-19-2014)