Martinez City Zoning Code

The City Council declares that the City, through the City Planning Commission and the City Council, is engaged in developing a master plan of streets and specific plans for streets within the City for the purpose of assuring ample transportation facilities for the present and future; that the magnitude of the undertaking precludes such plans being completed in their entirety in time to fully guide the rapid development occurring within the City; that the surveys, hearings, map preparation and requirements of law governing such matters necessitate such detailed plans being developed progressively; that to conserve the public interest and to assure economies and public safety and welfare, it is imperative that necessary rights-of-way for streets within the City be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or make impractical the retention or creation of thoroughfares, adequate in alignment, dimensions and vision clearance to serve the public needs, safety and welfare; that to deal effectively with the practical problem thus presented; it is necessary to establish certain minimum building line setbacks on a City-wide basis.

Whenever a specific plan for a street, based upon the master plan, has been adopted by the City Council, a copy of the specific plan, sufficient to accurately indicate the location of the street on parcels of land to be traversed or otherwise occupied by the street when constructed, shall be given to the Director of Building Inspection and Housing Development by the City Clerk.

Before issuing a building permit, the Director of Building Inspection and Housing Development or his authorized deputy, shall examine the specific plan. If he finds that the building or structure proposed to be erected will be within the boundaries of the specific plan, or within the setback lines of the existing zoning regulations affecting the land as measured from the boundaries of the specific plan, he shall grant the permit if the cost of the proposed building or structure is $500.00 or less. Otherwise, he shall refuse the permit and notify the applicant for the permit of the reason for refusal.

Any person aggrieved by the refusal of a building permit may appeal to the City Board of Appeals. The Board of Appeals shall grant the permit only if all of the following are true: