Chapter 22.02 — GENERAL PROVISIONS

This Zoning Title is adopted to protect and to promote the public health, safety, peace, comfort, convenience, prosperity and general welfare of the public, and for the following more particularly specified objectives:

• A. To implement the objectives of the General Plan in all its elements, through the provision of a precise plan consistent with the General Plan, to guide, control and regulate the maintenance, change, growth and development of the City;

• B. To foster a harmonious, convenient, workable relationship among land uses;

• C. To promote the stability of existing land uses which conform to the General Plan and to protect them from inharmonious influences and harmful intrusions;

• D. To ensure that public and private lands ultimately are used for the purposes which are most appropriate and beneficial from the standpoint of the City as a whole;

• E. To prevent excessive population densities and overcrowding of the land with structures;

• F. To foster the provision of adequate off-street parking and loading facilities;

• G. To facilitate the appropriate location of community facilities and institutions;

• H. To preserve the natural beauty of the City's site. (Prior code § 10,102.0; Ord. 822 C.S. § 2, 1975)

This Title shall consist of a zoning map designating certain districts and a set of regulations controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the areas and dimensions of sites, and requiring the provision of off-street parking and off-street loading facilities in the districts. (Prior code § 10,102.1; Ord. 822 C.S. § 2, 1975)

In their interpretation and application, the provisions of this Title shall be held to minimum requirements. No provision of this Title is intended to repeal, abrogate, annul, impair or interfere with any other existing provisions of the ordinances of the City, except as is specifically repealed herein, provided that where this Title imposes a greater restriction on the use of land or structures, or the height or bulk of structures, or requires greater open spaces about structures, or greater areas or dimensions of sites than is imposed or required by any other existing provisions, this Title shall control.

This Title is not intended to abrogate, annul, impair or interfere with any deed restriction, covenant, easement or other agreement between parties provided that when this Title imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open spaces about structures, or greater areas or dimensions of sites than is imposed or required by deed restriction, covenant, easement or other agreement, this Title shall control.

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City of Martinez, CA § 22.02.030

MARTINEZ CODE

§ 22.02.050

(Prior code § 10,102.2; Ord. 822 C.S. § 2, 1975)

This Title shall apply to all property except public streets, railroad rights-of-way, towers and poles and underground facilities for providing gas, water, oil, electricity or telephone and telegraph service, whether owned by private persons, firms, corporations or organizations, by the United States of America or any of its agencies, by the State or any of its agencies or political subdivisions, by any city or county, including the City of Martinez, or any of its agencies, or by any authority or district organized under the laws of the State; provided further, that the route for all proposed transmission lines shall be submitted to the Planning Commission for review and recommendation prior to acquisition of rights-of-way.

(Prior code § 10,102.3; Ord. 822 C.S. § 2, 1975)

The Community and Economic Development Director, Planning Manager, or designee shall have the authority to interpret and apply the provisions of this Title as necessary to carry out its purposes and objectives when the requirements of this Title are unclear. In exercising such authority, the Community and Economic Development Director, Planning Manager, or designee may consider any relevant factors, including but not limited to the intent and purpose of this Title, applicable laws and regulations, and the specific circumstances of each case. Such interpretations shall be in writing.

(Ord. No. 1447, § 3, 7/19/2023)

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City of Martinez, CA