The purpose of this Chapter is to establish objective standards and regulations to govern the development of qualified Senate Bill No. 9 subdivisions and development projects on single-family residential zoned properties within the City of Martinez. The establishment of these regulations will result in the orderly subdivision and development of qualified Senate Bill No. 9 (2021) ("SB 9") projects while ensuring that the new units are consistent with the character of the City and do not create any significant impacts with regards to public infrastructure or public safety. The regulations are established to implement the requirements under California Government Code Sections 65852.21 and 66411.7. In the event of any conflict or inconsistency between this Section and State law or other Sections in the Municipal Code, the more permissive regulations shall prevail.

(Ord. No. 1447, § 12, 7-19-2023; Ord. No. 1433 C.S., § 2, 12-15-2021)

For purposes of this Chapter, the following definitions apply:

A.

"Dwelling unit" includes an ADU, JADU, a primary dwelling unit, and a SB 9 dwelling unit.

B.

"Conservation easement" means restrictive covenants that run with the land and bind upon successive owners that protects against future development such as preservation of open space, scenic, riparian, historical, agricultural, forested, or similar conditions. Open space and riparian easements are included in this definition.

C.

"Existing dwelling unit" means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than 50 percent of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50 percent of the exterior wall framing has been removed is considered a new dwelling for purposes of this Article.

D.

"Panhandle" means the narrow strip of land on a flag lot, typically less than 30 feet in width, that provides access to a public or private road.

E.

"Private road" means a road, way, or street in private ownership and under private maintenance, not offered for dedication as a public road, way, place, or street, which affords the principal means of access to three or more lots or parcels which do not have frontage on a public street.

F.

"SB 9 dwelling unit" or "SB 9 unit" means a dwelling unit that is developed using the provisions in this article and the provisions identified in California Government Code Sections 65852.21 and 66411.7.

G.

"Single-family residential zone" means a zoning district in which one family residence is a permitted use and is limited to the following zoning districts: R-6.0, R-7.5, R-10, R-15, R-20, R-40, R-65, R-80, R-100, and RR.

(Ord. No. 1433 C.S., § 2, 12-15-2021; Ord. No. 1447, § 12, 7-19-2023)

The following parcels are not eligible for a subdivision under this article:

A.

Any parcel which is not located in a single-family residential zone, as defined by this Chapter.

B.

Any parcel that was established through a prior exercise of a subdivision as provided for in this Chapter.

C.

Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this Article. For the purposes of this Chapter, "any person acting in concert" with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner.

D.

Any parcel located within an historic district or included on the State Historic Resources inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a City of Martinez or Contra Costa County landmark or historic property or district pursuant to a City of Martinez or Contra Costa County ordinance.

E.

Any parcel where the subdivision would require the demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very-low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

4.

Housing that has been occupied by a tenant in the last three years.

F.

Any parcel fully encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

G.

Any parcel that is designated prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland and Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure.

H.

Any parcel containing wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993), that would prevent the development of the parcel.

I.

Any parcel within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to parcels that have been excluded from specific hazard zones by actions of the City pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

J.

Any parcel with a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

K.

Any parcel within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by the FEMA. However, a subdivision and/or development project may be located on a parcel described in this subsection if: (1) the parcel is otherwise eligible for approval under the provisions of this Chapter, and (2) the project applicant is able to satisfy all applicable federal qualifying criteria demonstrating either of the following are met:

1.

The site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City.

2.

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

L.

Any parcel within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the subdivision and/or development project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

M.

Any parcel containing habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(Ord. No. 1447, § 12, 7-19-2023; Ord. No. 1433 C.S., § 2, 12-15-2021)

The following objective standards and regulations apply to all subdivisions under this Chapter:

A.

A Parcel Map and a Subdivision Application shall be submitted to the City for all proposed subdivisions.

B.

The subdivision shall create no more than two new parcels of approximately equal area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than 1,200 square feet in area.

C.

Existing parcels shall be split approximately perpendicular to the longest contiguous property line.

D.

The subdivision shall not result in a new parcel with an average width that is less than the average width of the original parcel. Any panhandle on a flag lot shall not be used to calculate the average width. However, this requirement shall be waived if the subdivision applicant demonstrates that it would prohibit a subdivision that otherwise meets the requirements of subsection (b).

E.

The front parcel line of any newly created parcel shall be the parcel line that is closest to or parallel to the public or private road that serves the parcel.

F.

A 25-foot-wide panhandle (for a flag lot) or an ingress/egress easement shall be provided for all new parcels that do not have direct frontage on a public or private road. Driveway access to the new parcels shall be shared unless the new driveways are a minimum of 100 feet apart.

G.

Easements for access and public and private utilities shall be provided for any newly created parcel that does not front on a public or private street.

H.

Separate utility meters shall be provided for each parcel prior to recordation.

I.

All newly created parcels shall be connected to public sewer.

J.

No setbacks shall be required for an existing structure on the parcel from a proposed property line.

K.

The subdivision is subject to all impact or development fees related to the creation of a new parcel.

L.

Upon receipt of a subdivision application using the provisions of this chapter, the City shall notify all owners and occupants within a 500-foot radius from the subject parcel that a parcel map has been filed with the City.

M.

A note on the parcel map and a recorded deed restriction in a form approved by the City Attorney's Office shall be applied to all newly created parcels indicating that the parcel was split using the provision of this Chapter and that no further subdivision of the parcels is permitted.

N.

Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit stating that the applicant intends to reside in one of the proposed or existing primary dwelling units or SB 9 units for three years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the Revenue and Taxation Code.

(Ord. No. 1447, § 12, 7-19-2023; Ord. No. 1433 C.S., § 2, 12-15-2021)

The following objective standards and regulations apply to all new development on a parcel located within a single-family zone, as defined by this chapter, including primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached to the primary dwelling, that are developed under the provisions of this Chapter on a parcel that is not being subdivided:

A.

Where permitted. The following development is permitted on the parcel:

1.

An existing primary dwelling unit and a new construction SB 9 unit; or

2.

Two new construction SB 9 units on a vacant lot; or

3.

An existing primary dwelling units, one ADU or one JADU; or

4.

Lot with Multiple-Family Dwelling, either:

a.

Up to two detached ADUs; or

b.

At least one ADU converted from non-habitable portions of the existing primary structure that are not within the living space of a dwelling unit (e.g., basement, attic, garages storage room). The maximum number of ADUs converted from portions of the existing primary structure that are not within the living space of a dwelling unit shall not exceed 25 percent of the total number of existing dwelling units on the lot.

B.

Floor area. The maximum floor area of any new dwelling unit developed under SB 9 shall be 850 square feet. Basements and bunkers are not permitted.

C.

Lot coverage. The maximum lot coverage shall be that assigned to the zoning district in which the development will be located.

D.

Setbacks.

1.

The minimum setback for any new SB 9 dwelling unit shall be 40 feet from the front parcel line and four feet from the side and rear parcel lines.

2.

Notwithstanding subsection (c) above, no setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.

E.

Height. The maximum height of any new dwelling unit developed under SB 9 shall be 16 feet. The maximum height of ADUs shall be consistent with Section 22.43.070.

F.

Parking. One uncovered parking space, located a minimum of 40-feet from the front parcel line and 30 feet from the side and rear parcel lines, is required for each dwelling unit, except where:

1.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Subsection (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

2.

When there is a car share vehicle facility, as defined herein, located within one block of the subject property.

3.

As provided in Section 22.43.080 for ADUs/JADUs.

G.

Fire wall. A solid (no openings) one-hour rated fire wall is required between any SB 9 unit and the primary dwelling unit or an ADU.

H.

Driveway. Driveway access to all new units shall be compliant with the City's standard details and specifications for driveways and turnarounds.

I.

Owner occupancy.

1.

The owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner will reside in either the primary dwelling unit or an SB 9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit's Certificate of Occupancy and closing of all construction permits pertaining to the parcel.

2.

No dwelling unit shall be rented for a period of less than 31 days and cannot be occupied as a short-term rental unit.

3.

An SB 9 dwelling unit may be rented separately from the primary dwelling unit.

J.

Utilities. All newly created dwelling units shall be connected to public water and separately metered, and to public sewer.

K.

Fees. Development projects pursuant to this Section shall be subject to all impact or development fees related to the development of a new dwelling unit.

(Ord. No. 1433 C.S., § 2, 12-15-2021; Ord. No. 1447, § 12, 7-19-2023)

The following objective standards and regulations apply to all development on a parcel that has been subdivided or subdivided under the provisions of this Chapter:

A.

Where permitted. No more than three dwelling units may be permitted on a parcel that has been subdivided under the provisions of this Chapter. The following development is permitted on the parcel:

1.

A primary dwelling unit and an SB 9 limit; or

2.

Two SB 9 units; or

3.

If there is an existing primary dwelling unit, ADU, and JADU on the property, then no further development is permitted for that property.

B.

Floor area. The maximum floor area (MFA) permitted on each lot shall be 1,700 square feet.

Exception: If there is an existing primary dwelling unit on the parcel, then the floor area of the existing dwelling unit cannot be increased, and any SB 9 dwelling unit shall not exceed 850 square feet.

C.

Setbacks and floor area. The minimum setback for any new primary dwelling unit or SB 9 dwelling unit shall be 40 feet from the front property line and four feet from the side and rear property lines and the maximum combined floor area for all dwelling units on the property shall be 1,700 square feet. Basements and bunkers are not permitted.

Exception: No setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.

D.

Height. The maximum height of all new SB 9 dwelling units shall be 16 feet. If there is an existing primary dwelling on the parcel then then the maximum height of the existing residence cannot be increased. The height of ADUs shall be consistent with Section 22.43.070.

E.

Parking. All parking required for an existing primary dwelling on the parcel shall be retained. One parking space, located a minimum of 40-feet from the front property line and 30 feet from the side and rear property lines, is required for each new dwelling unit. The parking space shall be at least ten feet wide by 20 feet deep. In order to allow access to fire and emergency response vehicles, no structure shall be closer than three feet to the driveway or access easement.

Exception: An onsite parking space is not required for new dwelling units where:

1.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

2.

When there is a car share vehicle facility, as defined herein, located within one block of the subject property.

3.

As provided in Section 22.43.080 for ADUs/JADUs.

F.

Fire wall. If the two SB 9 dwelling units are a duplex on a parcel, a solid one-hour fire wall between the units is required. In addition, a deed restriction in a form approved by the City Attorney's Office shall be recorded stipulating that the duplex shall be maintained as two separate units.

G.

Deed restriction. If the parcel is fully developed with the number of units permitted under Subsection (a) above, then the applicant or property owner shall record a deed restriction in a form approved by the City Attorney's Office stipulating that no further development of the parcel is permitted.

H.

Driveway. Driveway access to all new units shall be compliant with the City's standard details and specifications for driveways and turnarounds.

I.

Owner occupancy.

1.

If the proposed dwelling units are developed subsequent to a subdivision completed pursuant to this Chapter, the owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner intends to reside in either the primary dwelling unit or an SB 9 unit on the parcel for three years from the issuance of a Certificate of Occupancy for the SB 9 dwelling unit and closing of all construction permits pertaining to the parcel. Owner occupancy requirements related to ADUs/JADUs shall comply with Section 22.43.120.G.

2.

No dwelling unit shall be rented for a period of less than 31 days and cannot be occupied as a short-term rental unit.

3.

An SB 9 dwelling unit may be rented separately from the primary dwelling unit.

J.

Utilities. All newly created dwelling units shall be connected to public water utilities and sewer.

k.

Fees. Any development constructed in accordance with this Section shall be subject to all impact or development fees related to the development of a new dwelling unit.

(Ord. No. 1447, § 12, 7-19-2023; Ord. No. 1433 C.S., § 2, 12-15-2021)

All SB 9 dwelling units shall be reviewed and approved without discretionary review or a hearing. ADUs/JADUs proposed as SB 9 dwelling units shall also comply with the applicable design requirements provided in Chapter 22.43. As part of the Community Development Department's ministerial approval, the following objective design requirements shall be confirmed:

A.

The design of the dwelling unit shall be as follows:

1.

For a detached unit, the exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

2.

For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.

B.

Exterior wall colors and materials shall have a light reflectivity value (LRV) of 50 or less and roof materials shall have a light reflectivity value (LRV) of 40 or less.

C.

Exterior building lighting shall be fully shielded and downward-facing and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code.

D.

All new dwelling units are required to have fire sprinklers, subject to Section 22.43.120 subsection (E) of this Municipal Code.

E.

All portions of the SB 9 dwelling unit, including eave overhangs and other projections, shall meet the required setbacks as set forth in this Chapter.

F.

No roof decks are permitted on SB 9 dwelling units.

G.

New or modified detached dwelling units shall be separated from any other dwelling unit or building by ten feet to prevent the spread of fire. Building separation requirements related to ADUs/JADUs shall comply with Section 22.43.060.

H.

Structures, except ADUs and JADUs, shall not be located in the following locations:

1.

In areas encumbered by a recorded easement, including but not limited to, public utility easements, conservation easements, access easements, pedestrian pathway easements and open space easements;

2.

In areas within 25 feet of the top of a creek bank;

3.

In areas within the critical root zone of any protected tree as defined in Section 8.12.020A.1.a. of this Code. Review and approval of an arborist report prepared by a licensed or consulting arborist is required if a structure is proposed within the critical root zone of a protected tree;

4.

Areas with slopes greater than 30 percent.

Exception: ADUs and JADUs shall comply with Sections 22.43.020, 22.43.050, and 22.43.060.

I.

All electrical and utility services to a new dwelling unit shall be undergrounded.

J.

Notwithstanding the foregoing subsections, any development or design standards that physically precludes an SB 9 dwelling unit from being 850 square feet in floor area shall be waived.

(Ord. No. 1447, § 12, 7-19-2023; Ord. No. 1433 C.S., § 2, 12-15-2021)

All applications for lot splits and new development using this Chapter shall be ministerially approved without public hearings or discretionary review.

(Ord. No. 1447, § 12, 7-19-2023; Ord. No. 1433 C.S., § 2, 12-15-2021)

The City Council may establish and set by resolution all fees and charges, consistent with Government Code Sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this Chapter.

(Ord. No. 1447, § 12, 7-19-2023; Ord. No. 1433 C.S., § 2, 12-15-2021)