Martinez City Zoning Code

This Title may be amended by changing the boundaries of any district or by changing any district regulation, off-street parking or loading facilities requirements, general provision, exception or other provision thereof in accord with the following procedure as set out in this Chapter.

In accordance with the requirements of State law, zoning ordinances and zoning district boundaries shall be consistent with the City General Plan. The various land uses authorized by the ordinance shall be compatible with the objectives, policies, general land uses and programs specified therein. For any amendment or change in district boundaries, the Planning Commission shall make a finding that the amendment or change in a district boundary is consistent with the General Plan.

The City Planning Commission shall hold at least one public hearing on each application for a change in district boundaries, and on each proposal for a change in district boundaries, or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this Title initiated by the Commission or the City Council within forty-five (45) days of the date when the application was filed or the proposal was initiated. Notice of the public hearing shall be given not less than ten (10) days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the City and in such other manner as may be prescribed by the City Planning Commission.

At the public hearing, the City Planning Commission shall review the application for a change in a district boundary or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provisions of this Title and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives prescribed in Section 22.02.010 of this Title.

The Zoning Administrator shall make an investigation of the application for a change in a district boundary or a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this Title, and shall prepare a report thereon which shall be submitted to the City Planning Commission.

Within forty-five (45) days following the public hearing, the City Planning Commission shall make a specific finding as to whether the change in the district boundary or of the district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this Title is required to achieve the objectives prescribed in Section 22.02.010. The Commission shall transmit a report to the City Council recommending that the application be granted or denied, or that the proposal be adopted or rejected, together with one copy of the application, resolution of the Commission, or request of the Council, the scale drawing of the site and the surrounding area, and all other data filed therewith, the minutes of the public hearing, the report of the Zoning Administrator and the findings of the Commission.

A change in a district boundary shall be indicated on the zoning map with a notation of the date and number of the ordinance amending the map.

Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

All territory annexed to the City shall be placed in the U Undesignated District, unless prezoned in accordance with the intent of the General Plan, until duly amended by the Planning Commission in conformance with this Chapter. The Planning Commission may, at any time deemed appropriate, make a study of the annexed territory and initiate a change of zone compatible with the General Plan and the objectives prescribed in Section 22.02.010 of this Title. The owner of annexed property, or the authorized agent of the owner, may initiate similar action at any time by filing an application for a change in district, as prescribed in Section 22.46.020.

Upon the granting of an application for a change in a district boundary, the owner of the property affected shall proceed with the construction of building or buildings on the property which was subject of the Planning Commission's action. Substantial progress shall be made by the owner during the one-year period immediately following the granting of the change in district boundaries. At any time prior to the end of this one-year period, the owner may apply for an extension of the period herein provided for. In no event shall an extension be granted for a period longer than one year.