Title 22

Chapter 22.75

Martinez Zoning Code · 2026-06 edition · ingested 2026-07-06 · Martinez

RESIDENTIAL DEVELOPMENT IN COMMERCIAL DISTRICTS

§ 22.75.010. Purpose.

The purpose of this chapter is provide objective development standards for mixed-use and multifamily residential development, transitional housing, and supportive housing in zoning districts where office, parking, and/or retail are a principally permitted use, to implement the provisions of state law as reflected in Cal. Gov't. Code §§ 65852.24 and 65912.100, et seq., to facilitate new residential development consistent with the General Plan, and ensure sound standards of public health and safety.

(Ord. No. 1474, 7/16/2025)

§ 22.75.020. Residential project eligibility.

  • A. A Housing Development Project proposed pursuant to the provisions of Housing Accountability Act (Cal. Gov't. Code § 65852.24) may be either of the following:

    1. A project with multifamily residential units only; or

    2. A mixed-use development consisting of residential and non-residential retail, commercial, or office uses, where at least 50% of the square footage of the new construction associated with the project is designated for residential use and none of the square footage is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel.

  • B. A Housing Development Project proposed pursuant to the provisions of the Affordable Housing and High Road Jobs Act (Cal. Gov't. Code § 65912.100, et seq.) is a project consisting of any of the following uses:

    1. Multifamily residential uses only;

    2. Mixed-use developments consisting of residential and non-residential uses where at least two-thirds of the square footage is designated for residential use; or

  1. Transitional housing or supportive housing.

(Ord. No. 1474, 7/16/2025)

§ 22.75.030. Permitted zoning districts.

A Housing Development Project that complies with the provisions of this chapter shall be a permitted use in any of the following zoning districts:

  • A. Neighborhood Commercial District (NC).

  • B. Central Commercial District (CC).

  • C. Service Commercial District (SC).

  • D. Professional and Administrative Office District (PA).

  • E. Research and Development District (RD).

  • F. Downtown Transition District (DT).

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City of Martinez, CA

ZONING

§ 22.75.030

§ 22.75.040

  • (Ord. No. 1474, 7/16/2025)

§ 22.75.040. Qualified residential development in commercial districts subject to the…

  • A. Criteria. A Housing Development Project shall meet all the following:

    1. Size. Not proposed on a site that is larger than 20 acres, unless the site is a regional mall of less than 100 acres, as defined in Cal. Gov't. Code § 65912.101.

    2. Adjacent industrial uses. Not proposed to be on or adjoined to a site where more than one-third of the gross floor area is dedicated and permitted as industrial use or designated for industrial use in the General Plan.

    3. Sustainable Community Strategy. Consistent with Plan Bay Area or an applicable and approved sustainable community strategy or alternative plan, as defined in Cal. Gov't. Code § 65080.

  • B. Development standards. A Housing Development Project shall meet all the following criteria:

    1. Density. The Housing Development Project shall propose a residential density that meets or exceeds 30 dwelling units per acre.

    2. Objective design and development standards. All other objective design and development standards applicable to the Housing Development Project shall be either:

      • a. Existing eligible zoning district. The objective zoning standards, objective subdivision standards, and objective design review standards for the existing zoning designation for the site if the existing zoning allows residential use at a density greater than 30 dwelling units per acre.

      • b. Closest eligible zoning district parcel. The objective zoning standards, objective subdivision standards, and objective design review standards for the closest parcel to the site that allows residential use 30 dwelling units per acre or greater. Zoning districts that meet this criterion include the following:

        • i. R-1.5 Residential zoning district;

        • ii. Central Commercial zoning district;

        • iii. Professional and Administrative Office zoning district; and

        • iv. Downtown Transition zoning district.

    3. Commercial tenant notice and relocation assistance requirements. If the Housing Development Project is proposed on a site where there are commercial tenants at the time of submission of the application for the Housing Development Project, then the Applicant shall comply with all applicable requirements of Cal. Gov't. Code § 65852.24(c).

    4. Labor requirements. The Applicant shall comply with all applicable requirements of Cal. Gov't. Code §§ 65852.24(b)(8) and (b)(9).

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City of Martinez, CA

MARTINEZ CODE

§ 22.75.040

§ 22.75.040

  1. No short-term rentals. The Applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney or designee, which shall run with the land and provide for a requirement that any dwelling units on the site may be rented or leased only for a period longer than 30 days. The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant.

agreement in the form prescribed by the City Attorney or designee, which shall run with the land and provide for a requirement that any dwelling units on the site may be rented or leased only for a period longer than 30 days. The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant.

  • C. Application procedures. A Housing Development Project shall meet all the following criteria:

    1. Application Requirements. An application for a Housing Development Project shall include all the following information and materials required for an application, as applicable:

      • a. Existing eligible zoning district. Design review and tentative map (if applicable) for a multifamily residential development proposed pursuant to the existing zoning designation for the site if the existing zoning allows residential use at a density greater than 30 dwelling units per acre; or

      • b. Closest eligible zoning district parcel. Design review and tentative map (if applicable) for a multifamily residential development proposed pursuant to the zoning designation for the closest parcel to the site that allows residential use at 30 dwelling units per acre or greater. Zoning districts that meet this criteria include:

        • i. R-1.5 Residential zoning district;

        • ii. Central Commercial zoning district;

        • iii. Professional and Administrative Office zoning district; and

        • iv. Downtown Transition zoning district.

      • c. Density bonus. If the Housing Development Project is requesting any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Chapter 22.80 (Density Bonus), then the Housing Development Project shall demonstrate compliance with all the requirements of this chapter and Chapter 22.80.

    2. Application review. The Planning Division shall process, review, and make a final determination on an application for a Housing Development Project in accordance with the procedures applicable to either:

      • a. Existing eligible zoning district. The existing zoning designation for the site if the existing zoning allows residential use at a density greater than 30 dwelling units per acre; or

      • b. Closest eligible zoning district parcel. The zoning designation for the closest parcel to the site that allows residential use at 30 dwelling units per acre or greater. Zoning districts that meet this criterion include:

        • i. R-1.5 Residential zoning district;

        • ii. Central Commercial zoning district;

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City of Martinez, CA

ZONING

§ 22.75.040

§ 22.75.050

  • iii. Professional and Administrative Office zoning district; and

  • iv. Downtown Transition zoning district.

  • (Ord. No. 1474, 7/16/2025)

§ 22.75.050. Qualified mixed-income residential development in commercial districts…

  • A. Criteria. The Housing Development Project shall meet all the following:

    1. Size. Not proposed on a site that is larger than 20 acres, unless the site is a regional mall of less than 100 acres, as defined in Cal. Gov't. Code § 65912.101.

    2. Commercial corridor. The site on which the Housing Development Project is proposed abuts a commercial corridor and has a minimum of 50 feet of frontage along the commercial corridor.

    3. Adjoining urban uses. Proposed on a site where at least 75% of the site adjoins parcels developed with urban uses.

    4. Non-proximity to industrial uses. Not proposed to be or adjoined to a site where more than one-third of the square footage of the site is dedicated to industrial use, excluding:

      • a. Power substations or utility conveyances such as power lines, broadband wires, and pipes;

      • b. A use where the only source permitted by a district is an emergency backup generator; or

      • c. Self-storage for the residents of a building

    5. Environmental hazards. Proposed on a Site that satisfies the requirements of Cal. Gov't. Code §§ 65913.4(a)(6)(B) through (a)(6)(K).

    6. Fire zones. Not permitted on a site located within a very high fire hazard severity zone where that site is vacant at the time the Housing Development Project application is submitted.

    7. Restricted sites. Not proposed on a site that is currently governed by any of the following:

      • a. Mobilehome Residency Law (codified at Cal. Civ. Code § 798, et seq.);

      • b. Recreational Vehicle Occupancy Law (codified at Cal. Civ. Code § 799.20, et seq.);

      • c. Mobilehome Parks Act (codified at Cal. Health & Safety Code § 18200, et seq.); or

      • d. Special Occupancy Parks Act (codified at Cal. Health & Safety Code § 18860, et seq.).

    8. Restricted demolition of existing uses. Not proposed on a site that would require the demolition of any of the following:

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City of Martinez, CA

MARTINEZ CODE

§ 22.75.050

§ 22.75.050 

  - a. Housing subject to recorded covenant, ordinance, or law that restricts rents to levels affordable to moderate-, low-, very low-, or extremely low-income households; 

  - b. Housing that has been occupied by tenants in the last 10 years, excluding manager's units; or 

  - c. A historic structure that was placed on a national, state, or local historic register.

  1. Previous residential development. The Housing Development Project is not proposed on a site that would require the demolition of housing that has been occupied by tenants within the past 10 years, excluding any manager's units.

  2. Existing residential development. The Housing Development Project is not proposed on a site that currently contains one to four dwelling units or on a site that is vacant and zoned for four or fewer units.

  3. Neighborhood Plans. For a Housing Development Project proposed on a site in a neighborhood plan, including the Downtown Specific Plan, the neighborhood plan shall permit multifamily housing development on the site.

  4. Tribal resources. For a Housing Development Project proposed on a site that is vacant at the time that the application is submitted, the site shall not contain tribal resources, as defined in Cal. Pub. Res. Code § 21074, that could be affected by the Housing Development Project that were found pursuant to a consultation as described in Cal. Pub. Res. Code § 21080.1 and the effects of which cannot be mitigated pursuant to the process in Cal. Pub. Res. Code § 21080.3.2.

  • B. Development standards. The Housing Development shall comply with all the following:

    1. Multifamily residential development. The Housing Development Project must propose to construct at least five residential dwelling units.

    2. Location of housing. Any proposed Housing Development Project shall not be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.

    3. Density. The Housing Development Project shall propose a residential density that meets or exceeds the density in Table 22.75.050(B)(3) below and shall be calculated prior to any density bonus which is consistent with the State Density Bonus Law.

==> picture [376 x 150] intentionally omitted <==

----- Start of picture text -----
Table 22.75.050(B)(3) — Qualified Mixed-Income Residential Development
Density Requirements
Site Density
Site < one acre 30 dwelling units/acre
Site > one acre and Commercial Corridor right-of-way < 40 dwelling units/acre
100 feet
Site > one acre and Commercial Corridor right-of-way > 60 dwelling units/acre
100 feet
Site within one-half-mile of a Major Transit Stop 80 dwelling units/acre
----- End of picture text -----

  1. Height. The height for the proposed Housing Development Project shall not exceed

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City of Martinez, CA

ZONING

§ 22.75.050

§ 22.75.050

the greater of the following:

  • a. The maximum height permitted by the current zoning designation for the site, regardless of whether that height limit is applicable to residential, commercial, or other type of development.

  • b. For a site on a commercial corridor with a right-of-way width of less than 100 feet: 35 feet.

  • c. For a site on a commercial corridor with a right-of-way width equal to or greater than 100 feet: 45 feet.

  • Setbacks. The site shall meet the following setbacks:

  • a. For the portion of the site that fronts the commercial corridor, no setback shall be required except that any parking which is provided must be set back at least 25 feet from the property line. Notwithstanding the foregoing, on the ground floor of the Housing Development Project, any building(s) must abut the commercial corridor within 10 feet of the property line for at least 80% of the frontage.

or the portion of the site that fronts the commercial corridor, no setback shall be required except that any parking which is provided must be set back at least 25 feet from the property line. Notwithstanding the foregoing, on the ground floor of the Housing Development Project, any building(s) must abut the commercial corridor within 10 feet of the property line for at least 80% of the frontage.

  • b. For street side setbacks, any building(s) must abut the side street within 10 feet of the property line for at least 60% of the frontage.

  • c. For any portion of the site that abuts an adjoining parcel that also abuts the same commercial corridor, no setbacks shall be required unless the adjoining parcel contains a residential use that was constructed prior to September 28, 2022, in which case the requirements of subsection B.5.d of this section shall apply.

  • d. For any portion of the site that does not abut the commercial corridor, a side street, or an adjoining parcel that also abuts the same commercial corridor as the site, but abuts a parcel that contains a residential use, the ground floor of the Housing Development Project shall be set back 10 feet from the property line. Starting with the second floor of the Housing Development Project, each subsequent floor shall be stepped back in an amount equal to seven feet multiplied by the floor number from the ground floor. For the purposes of this subsection, the ground floor is the first floor.

  • e. For any portion of the site that does not abut the commercial corridor, a side street, or an adjoining parcel that also abuts the same commercial corridor as the site, but abuts a parcel that does not contain a residential use, the Housing Development Project shall be set back 15 feet from the property line.

  1. Parking. No off-street vehicle parking shall be required. However, the Housing Development Project shall comply with any applicable bicycle parking requirements, electric vehicle supply equipment-installed parking spaces, or parking spaces that are accessible to persons with disabilities for new multifamily residential or nonresidential development as imposed by the existing zoning district for the site.

  • Affordable housing requirement.

  • a. Rental Housing. A Housing Development Project that, proposes to construct rental units shall, for a period of 55 years, provide either:

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City of Martinez, CA

MARTINEZ CODE

§ 22.75.050

§ 22.75.050 

  - i. 8% of the units in the Housing Development Project at an affordable rent for very low-income households and 5% of the units in the Housing Development Project at an affordable rent to extremely low-income households; or 

  - ii. 15% of the units in the Housing Development Project at an affordable rent to very low- and/or low-income households.

  • b. For sale housing. A Housing Development Project that proposes to construct for sale units shall, for a period of 45 years, provide either:

    • i. 15% of the units in the Housing Development Project at an affordable housing cost to very low- and/or low-income households; or

  • ii. 30% of the units in the Housing Development Project at an affordable housing cost to moderate-income households.

    • c. Deed restriction. The City shall require the Applicant pursuant to this section to record a deed restriction ensuring that the required affordable units are rented to eligible households at affordable housing cost or affordable rent for the length of the applicable term. A similar deed restriction shall also apply to the sale of affordable units and that such units must be owner-occupied.

    • d. Characteristics of affordable units. The affordable units in the Housing Development Project shall have the same proportion of units of each bedroom and bathroom type as the above moderate-income units, shall be equitably distributed, and shall have the same type of quality of appliance, fixtures, and finishes as the above moderate-income units. The occupants of the affordable units in the Housing Development Project shall also have the same access to the common entrances and common areas and amenities, including common outdoor space, parking, storage, and other facilities, of the Housing Development as the occupants of the above moderate-income units.

  1. Hazardous materials review. The Applicant shall complete a Phase I Environmental Assessment (as defined in Cal. Health & Safety Code § 78090) and any subsequent environmental review and remediation required by Cal. Gov't. Code § 65912.123(f).

  2. Commercial tenant notice and relocation assistance requirements. If the Housing Development Project is proposed on a site where there are commercial tenants at the time of submission of the application for the Housing Development Project, then the Applicant shall comply with all applicable requirements of Cal. Gov't. Code § 65912.124(i).

  3. Labor requirements. The Applicant shall comply with all applicable requirements of Cal. Gov't. Code § 65912.130. In addition to the foregoing, a Housing Development Project that proposes to construct at least 50 units shall comply with the requirements of Cal. Gov't. Code § 65912.131, including, but not limited to, the requirement that the Applicant for the Housing Development Project shall submit a report demonstrating compliance with the requirements of Cal. Gov't. Code §§ 65912.131(b) and (c) to the Community and Economic Development Director or designee, on a monthly basis while construction contracts on the Housing Development are being performed. All staff time associated with compliance review

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City of Martinez, CA

ZONING

§ 22.75.050

§ 22.75.060

and monitoring shall be subject to an hourly rate as set forth in the City's Fee Schedule.

  1. Projects near freeways. Any Housing Development Project within 500 feet of a freeway shall provide the following:
  - a. The building(s) shall have a centralized heating, ventilation, and airconditioning system. 

  - b. The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.

  • c. The building(s) shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 16. 

    - d. The air filtration media shall be replaced at the manufacturer's designated interval. 

- e. The building(s) shall not have any balconies facing the freeway.
    1. Regional mall sites. A Housing Development Project proposed at a Regional Mall Site shall meet all of the following additional requirements:
    - a. The average size of a block does not exceed three acres; 

- b. At least 5% of the site is dedicated to outdoor space; and 

- c. For the portion of the site that fronts a street that is newly created by the project and is not a commercial corridor, the building shall abut within 10 feet of the street for at least 60% of the frontage.

    1. Conversion of non-residential to residential. For any Housing Development Project that includes the conversion of an existing building(s) for non-residential use to residential use, the provision of additional common outdoor space beyond what is required for the existing project site shall not be required.

    2. Other development standards. All other objective design and development standards shall be either:

    - a. The objective development standards, objective subdivision standards, and objective design review standards for the closest zone to the site that allows multifamily residential use at the residential density applicable to the Housing Development Project pursuant to subsection (B)(3) of this section; or 

- b. If no zone exists in the City that allows residential development at the density determined pursuant to subsection (B)(3) of this section, then the objective development standards, objective subdivision standards, and objective design review standards for the zone in the City that allows the greatest density prior to the grant of any applicable density bonus.

  • (Ord. No. 1474, 7/16/2025)

§ 22.75.060. Qualified affordable residential development in commercial districts…

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City of Martinez, CA

MARTINEZ CODE

§ 22.75.060

§ 22.75.060

  • A. Criteria. The Planning Division shall determine if a Housing Development Project meets all the following requirements:

    1. Adjoining urban uses. At least 75% of the site adjoins parcels developed with urban uses.

    2. Not adjoining industrial uses. Not proposed to be or adjoined to a site where more than one-third of the square footage is dedicated to industrial use, excluding:

      • a. Power substations or utility conveyances such as power lines, broadband wires, and pipes;

      • b. A use where the only source permitted by a district is an emergency backup generator; or

      • c. Self-storage for the residents of a building.

    3. Environmental hazards. Satisfies the requirements of Cal. Gov't. Code §§ 65913.4(a)(6)(B) through (a)(6)(K).

    4. Fire zones. Not within a very-high fire severity zone where that site is vacant at the time that the application for the Housing Development Project is submitted.

    5. Restricted sites. Not proposed on a site that is currently or was previously governed by any of the following:

      • a. Mobilehome Residency Law (codified at Cal. Civ. Code § 798, et seq.);

      • b. Recreational Vehicle Occupancy Law (codified at Cal. Civ. Code § 799.20, et seq.);

      • c. Mobilehome Parks Act (codified at Cal. Health & Safety Code § 18200, et seq.); or

      • d. Special Occupancy Parks Act (codified at Cal. Health & Safety Code § 18860, et seq.).

    6. Neighborhood plans. For a Housing Development Project proposed on a site in a neighborhood plan, including the Downtown Specific Plan, the neighborhood plan shall permit multifamily housing development on the site.

    7. Tribal resources. For a Housing Development Project proposed on a site that is vacant at the time that the application is submitted, the site shall not contain tribal resources, as defined in Cal. Pub. Res. Code § 21074, that could be affected by the Housing Development Project that were found pursuant to a consultation as described in Cal. Pub. Res. Code § 21080.1 and the effects of which cannot be mitigated pursuant to the process in Cal. Pub. Res. Code § 21080.3.2.

  • B. Development standards. The Housing Development Project shall comply with all the following:

    1. Multifamily residential development. Propose to construct at least five residential dwelling units.

    2. Location of housing. The units in the Housing Development Project shall not be

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City of Martinez, CA

ZONING

§ 22.75.060

§ 22.75.060

located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.

  1. Affordable housing. 100% of the units, excluding any manager's unit or units in a Housing Development Project proposed pursuant to this section shall be dedicated for rent to very low- and/or low-income households at an affordable rent or for sale to very low- and/or low-income households at an affordable cost, with a requirement for owner-occupancy.

  2. Deed restriction. Any rental units in the Housing Development Project shall be subject to a recorded deed restriction for a period of 55 years. Any owner-occupied units in the Housing Development Project shall be subject to a recorded deed restriction for a period of 45 years. A similar deed restriction shall also apply to the sale of affordable units and that such units must be owner-occupied.

  3. Density. The Housing Development Project shall propose a residential density that meets or exceeds 30 dwelling units per acre.

  4. Hazardous materials review. The Applicant for the Housing Development Project shall complete a phase I Environmental Assessment (as defined in Cal. Health & Safety Code § 78090) and any subsequent environmental review and remediation required by Cal. Gov't Code § 65912.113(c).

  5. Labor requirements. The Housing Development Project shall comply with all applicable requirements of Cal. Gov't. Code § 65912.130. In addition to the foregoing, a Housing Development Project that proposes to construct at least 50 units shall comply with the requirements of Cal. Gov't Code § 65912.131, including, but not limited to, the requirement that the Applicant for the Housing Development Project shall submit a report demonstrating compliance with the requirements of Cal. Gov't. Code §§ 65912.131(b) and (c) to the Community and Economic Development Director or designee, on a monthly basis while construction contracts on the Housing Development Project are being performed. All staff time associated with compliance review and monitoring shall be subject to an hourly rate as set forth in the City's Fee Schedule.

  6. Projects near freeways. Any Housing Development Project within 500 feet of a freeway shall provide the following:

    • a. The building(s) shall have a centralized heating, ventilation, and airconditioning system.

    • b. The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.

    • c. The building(s) shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 16.

    • d. The air filtration media shall be replaced at the manufacturer's designated interval.

    • e. The building(s) shall not have any balconies facing the freeway.

  7. Conversion of non-residential to residential. For any Housing Development Project

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City of Martinez, CA § 22.75.060

MARTINEZ CODE

§ 22.75.070

that includes the conversion of an existing building(s) for non-residential use to residential use: 

  - a. Outdoor space. The provision of additional common outdoor space beyond what is required for the existing project site shall not be required.

  • b. Density. Shall not be subject to any density limitation, unless the Housing Development Project includes additional new square footage that is more than 20% of the overall square footage of the original structure. 

    - c. Impact fees. If a Housing Development Project demolishes or changes an existing structure, the amount of impact fees shall be offset to account for the demolition or change in use so that the amount of the fee is attributable to the development's incremental impact on public facilities or services.
    1. Other development standards. All other objective zoning standards, objective subdivision standards, and objective design review standards applicable to the Housing Development Project shall be either:
    - a. The objective zoning standards, objective subdivision standards, and objective design review standards for the existing zoning designation for the site if the existing zoning allows multifamily residential use; or 

- b. The objective zoning standards, objective subdivision standards, and objective design review standards for the closest parcel to the site that allows residential use at 30 dwelling units per acre or greater.

  • (Ord. No. 1474, 7/16/2025)

§ 22.75.070. Application procedures for all qualified residential development utilizing…

Housing Development Projects under Sections 22.75.050 and 22.75.060 shall be subject to the following application procedures:

  • A. Ministerial review. An application for a Housing Development Project proposed pursuant to Sections 22.75.070 through 22.75.100 shall be reviewed ministerially by the Planning Division without a public hearing, except as provided in subsection D of this section, and shall be approved if all the criteria in this chapter are met.

  • B. Review timeframes.

    1. Consistency review. The Planning Division shall determine whether a Housing Development Project is consistent or is not consistent with the objective design and development standards within the following timeframes:

      • a. Within 60 days of initial submittal if the project contains 150 or fewer housing units.

      • b. Within 90 days of initial submittal if the project contains more than 150 housing units.

      • c. Within 30 days of submittal of any development proposal that was resubmitted to address written feedback.

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City of Martinez, CA

ZONING

§ 22.75.070

§ 22.75.070

  1. Approval timing. The Planning Division shall be required to approve a Housing Development Project that has been determined as consistent with the objective design and development standards within the following timeframes:

    • a. Within 60 days if the project contains 150 or fewer housing units.

    • b. Within 90 days if the project contains more than 150 housing units.

  • C. Application requirements. The application shall include the required fee and the following minimum information:

    1. Design review and tentative map. Design review and tentative map for one of the following, as applicable:

      • a. NC, SC, and RD zoning districts. For eligible multifamily residential development proposed on sites with a NC, SC, or RD zoning district, design review and tentative map requirements of the closest zone to the site that allows multifamily residential use that permits at least 30 dwelling units an acre shall apply.

      • b. R-1.5, CC, PA, and DT zoning districts. For eligible multifamily residential development proposed on sites with a R-1.5, CC, PA, or DT zoning district, design review and tentative map requirements for the existing zoning designation for the site shall apply.

    2. Past and existing uses. A description that the project site is compliant with the restrictions under Sections 22.75.050(A)(8), (A)(9), (A)(10), and/or (A)(11), as applicable.

    3. Affordable housing plan and monitoring. An affordable housing plan describing how the project will satisfy affordable housing requirements. The affordable housing plan shall include an explanation of the proposed mechanism by which the Applicant will fund ongoing monitoring and compliance with the affordability requirements for the affordable units in the Housing Development project throughout the term of affordability.

and monitoring. An affordable housing plan describing how the project will satisfy affordable housing requirements. The affordable housing plan shall include an explanation of the proposed mechanism by which the Applicant will fund ongoing monitoring and compliance with the affordability requirements for the affordable units in the Housing Development project throughout the term of affordability.

  1. Tribal resources. If the site is vacant, documentation sufficient to demonstrate that site does not contain tribal resources that could be affected by the Housing Development Project that were found pursuant to a consultation and the effects of which cannot be mitigated.

  2. Additional requirements for mixed-income projects.

    • a. Covenant. A commitment to record, prior to the issuance of the first building permit, a land use restriction or covenant for the required affordable units providing that the housing shall remain affordable, pursuant to the specifications of Section 22.75.050B.7, for either 55 years for rental units or 45 years for-sale units. All for-sale units shall be owner-occupied.

    • b. Affidavit. If any existing housing is proposed to be altered or demolished, then the property owner shall sign an affidavit, in the form approved by the City Attorney or designee, stating that none of the conditions listed in Section 22.75.050A.9 and A.10 exist and shall provide a comprehensive history of the

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City of Martinez, CA § 22.75.070

MARTINEZ CODE

§ 22.75.070

occupancy of the units to be altered or demolished for the past 10 years, on a form prescribed by the Planning Manager, or designee.

  1. Density bonus. Whether the Housing Development Project is requesting any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Chapter 22.80 (Density Bonus). If so, the Housing Development Project shall demonstrate compliance with all the requirements of Chapter 22.80, including submission of a density bonus report.

  • D. Design review. The Housing Development Project shall be required to comply with the objective design criteria provided in Chapter 22.51B or 22.51C, whichever is applicable, as determined by the Planning Commission prior to a final determination of the application by the Planning Manager.

  • (Ord. No. 1474, 7/16/2025)

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City of Martinez, CA