Martinez City Zoning Code

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.

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.

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.

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.

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

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;

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

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

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;

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

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

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

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;

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;

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;

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).

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.

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.

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.

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.

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

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

In the C Commercial districts, fences, walls and hedges shall not exceed three and a half feet anywhere within 15 feet of a street intersection.

The following fence and wall materials shall be prohibited: barbed wire, razor wire, chain link, corrugated metal, and unfaced concrete block or cinder block, except that chain link fences shall 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).

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.

In all C Commercial districts, where the property line of a site adjoins property in a R Residential or PA Professional and Administrative Office district, a solid masonry wall or board fence six feet in height shall be located on the property line.

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;

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;

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

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

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

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.

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.

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.

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.

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.

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.

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.

Sills, chimneys, cornices and eaves, planter boxes and wall-mounted lighting may extend into a required side yard or a space between buildings not more than 24 inches.

Bay windows and balconies at any vertical elevation may extend 30 inches or less inches into a required yard or space between buildings.

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

Open, unenclosed, covered porches and architectural arcades, if adjacent to building entry and if no part of which is more than 15 feet above finished grade, may extend six feet or less into a required yard or space between buildings.

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

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

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.

Ground-mounted mechanical equipment, including, but not limited to, HVAC units, generators, and other similar structures, may project into a required side or rear yard setback provided it does not exceed four feet in height and is located no closer than three feet from any rear or side property line. All ground-mounted mechanical equipment shall be subject to the provisions set forth in Chapter 8.34 (Noise Control). All ground-mounted equipment shall be located closer to the primary structure on the subject property than to the property line.

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.

Exceptions to maximum height limitations.

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.

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.

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.

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:

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.

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.

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:

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.

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:

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.

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

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.

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.