In addition to the purposes prescribed in Sections 22.02.010, 22.12.020 and 22.12.320 of this title, the D Overlay District (Exhibit "A") is included in the zoning regulations to achieve the following purposes:

A.

To recognize the existing higher density development of detached and attached units, duplexes, triplexes and multifamily units on lots generally ranging from 4,000 to 6,000 square feet in some areas of the downtown residential district and that single family development in these areas may be inappropriate;

B.

To provide a transition between these higher density developments and adjacent single family residences;

C.

To promote the stability and viability of existing residential neighborhoods in the downtown area and maintain the small town, character and historic setting of Downtown Martinez;

D.

To encourage future infill development of vacant and under utilized land that reinforces existing architectural styles and at a density to support higher quality development;

E.

To encourage the renovation and rehabilitation of existing housing that will enhance the existing downtown neighborhoods;

F.

To encourage the consolidation of lots to provide flexibility and innovative design solutions that improve the use of space to accommodate a variety of dwelling options near the downtown commercial district.

(Ord. 1230 C.S. § 1, 1996.)

The permitted uses in the D District shall be the permitted uses of each individual residential zone district which has been combined with the overlay zone.

(Ord. 1230 C.S. § 1, 1996.)

The conditional uses in the D District shall be the conditional uses of each individual residential zone district which has been combined with the overlay zone. In addition, with a use permit, the following increases in density from the individual residential zone or exceptions from the zoning requirements may be permitted:

A.

Properties may be developed to meet the R-1.5 density standards in the R-2.5 District and the R-2.5 density standards in the R-3.5 District;

B.

Properties.

1.

Adjoining, on one or both sides, parcels with existing multiple family residential structures; or

2.

With multiple family residential structures across the street for more than one half of the entire block frontage;

may be developed as multi-family projects at the average density (rounded off to the nearest whole unit) of the two adjoining properties or the average density (rounded off to the nearest whole unit) of the properties across the street and adjoining properties together, whichever is greater.

C.

A front yard setback of 10 feet may be permitted for the main structure, if the Planning Commission can make the finding that it would be consistent with and not detrimental to the existing development in the neighborhood.

D.

A minimum of one covered parking space per unit may be approved with a use permit, if the Planning Commission can make the findings that:

1.

One parking space per unit would be sufficient for the proposed development;

2.

There would be sufficient overflow street parking; and

3.

Reducing the parking standards would not be detrimental to the neighborhood.

E.

The Planning Commission shall make the following additional findings in granting a use permit under this section:

1.

That the residential development will complement and be compatible with the existing residential community and reflect the historic ambiance of the downtown residential district,

2.

That the architecture, landscaping and site plan of the residential development will result in a significantly better environment than otherwise would have occurred under the existing zone district requirements.

(Ord. 1230 C.S. § 1, 1996)

The required distances between structures, minimum site area, frontage, width and depth of the site, usable open space shall be those of the R Residential zone with which the D overlay district is combined, namely those specified in Section 22.12.100, 22.12.110, 22.12.190, 22.12.230, 22.33.050, 22.12.250 stat.

(Ord. 1230 C.S. § 1; 1996; Ord. 1247 C.S. § 1, 1997.)

With a use permit, the following increases in density of the individual residential zone district specified below with which the D Overlay District is combined may be permitted

Averaging the Number of Allowed Units—A fraction of a unit shall be rounded up so it equals one unit.

(Ord. 1247 C.S. § 1, 1997.)

The maximum site area covered by structures shall be 45%.

(Ord. 1230 C.S. § 1, 1996)

A.

The minimum front yard shall be the average of the two sides adjoining properties to a maximum required of 20 feet except, as permitted with a use permit (see 22.13.030 C.).

B.

The minimum distance between garage door (roll-up door required) and the sidewalk shall be 15 feet or the average of the existing garages adjacent to the property. A carport may be 10 feet behind the sidewalk.

C.

Exceptions:

1.

All exceptions noted in Section 22.12.220.

(Ord. 1230 C.S. § 1, 1996.)

The minimum side yard shall be 5 feet for a one-story structure up to 12 feet high, 10 feet for a two-story structure and one-story structure over 12 feet high. On a corner lot, the minimum street side yard setback shall be 10 feet.

(Ord. 1230 C.S. § 1, 1996)

The minimum rear yard shall be 15 feet subject to the following exception:

Rear yard areas may be averaged on a single site to obtain the required 15-foot rear yard not more than fifty percent (50%) of the width of the structure may extend closer than 15 feet to the rear property line, nor shall any portion of the structure extend closer than 10 feet to the rear property.

(Ord. 1230 C.S. § 1, 1996)

The maximum height of structures shall be the average height of buildings on adjacent properties of two stories (maximum of 25 feet, whichever is higher) above the 100-year flood plain except in the R-1.5 and R-2.5 districts and for development under the R-2.5 standards where two stories over concealed parking (maximum of 30 feet) shall be permitted.

(Ord. 1230 C.S. § 1, 1996)