This chapter establishes a procedure to allow minor and major exceptions from specified regulations in the Martinez Municipal Code.

(Ord. No. 1463, § XVIII, 10-23-2024)

A.

Minor Exceptions. A minor exception to the development standards listed in Table 22.45.020(A) shall be approved if the Planning Manager or designee can make the findings identified in Section 22.45.040(A). If a minor exception is requested as part of another planning application, then the minor exception will be considered by the review authority reviewing the planning application in question.

Table 22.45.020(A) - Minor Exceptions

B.

Major Exceptions. An exception beyond the maximum permitted deviations listed in Table 22.45.020(A) may be permitted through participation in the Development Incentives and Community Benefits Program, pursuant to the regulations found in Chapter 22.81 (Development Incentives and Community Benefits Program). A major exception, beyond what is permitted by the Development Incentives and Community Benefits Program, may be approved by the Planning Commission or Zoning Administrator if the project participates in the Development Incentives and Community Benefits Program and if the Planning Commission or Zoning Administrator can make the findings identified in both Section 22.45.040(A) and Section 22.45.040(B).

(Ord. No. 1463, § XVIII, 10-23-2024)

Applications for exceptions shall be completed, filed, and processed in accordance with this chapter. Applications for exceptions shall be accompanied by a completed Standard Planning Application Form, on file with the Planning Division, accurate scale drawings, and all applicable fees in accordance with the currently adopted fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in Section 22.45.040.

(Ord. No. 1463, § XVIII, 10-23-2024)

A.

Minor exceptions may be granted consistent with the procedures set forth in Section 22.45.030 and subject to the following findings:

1.

The project will substantially comply with the Zoning Ordinance and the purpose and intent of the zoning district where the property is located.

2.

The project will not pose a detrimental impact to the site, adjacent properties, or neighborhood.

3.

The project will otherwise comply with applicable Zoning Ordinance and Building Code standards and requirements.

B.

Major exceptions are subject to the following additional findings:

1.

A greater deviation from the development standard than is otherwise permitted by a minor exception will allow for a higher quality of architectural design and site planning.

2.

The project will contribute to the economic vitality of the area by creating new businesses, creating jobs, creating significant housing, or otherwise enhancing the attractiveness of the surrounding neighborhood.

(Ord. No. 1463, § XVIII, 10-23-2024)

Within ten days following the date of a decision of the review authority, the decision may be appealed to the Zoning Administrator or Planning Commission, as applicable, by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Planning Division and shall be filed with the City Clerk. The appeal shall state specifically wherein the project approval or denial is not supported by the evidence in the record.

(Ord. No. 1463, § XVIII, 10-23-2024)

An exception shall lapse and shall become null and void one year following the date on which the exception becomes effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced on the site, or a certificate of occupancy is issued by the Building Inspector for the site or structure which was the subject of the exception application. An exception may be renewed for an additional period of one year, provided that prior to the expiration of one year from the date when the exception originally became effective, an application for renewal of the exception is made. The Planning Manager or designee may grant or deny an application for renewal of an exception.

(Ord. No. 1463, § XVIII, 10-23-2024)

An exception granted subject to a condition or conditions of approval shall be revoked if the condition or conditions are not satisfied.

(Ord. No. 1463, § XVIII, 10-23-2024)

Following the denial or revocation of an exception application, no application for the same or substantially the same exception on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the exception.

(Ord. No. 1463, § XVIII, 10-23-2024)