Martinez Municipal Code § 22.51A.050 Objective design and development standards for all SB 9 dwelling units

Note: Former Ch. 22.51A, Objective Standards and Regulations for Qualified Senate Bill 9 Subdivisions and Development Projects, derived from Ord. No. 1433; Ord. No. 1447; and Ord. No. 1473, was repealed by Ord. No. 1488, 6/24/2026.

The purpose of this Chapter is to establish objective standards and regulations to govern the development of qualified 2021 Senate Bill No. 9 ("SB 9") subdivisions and development projects on single-family residential zoned properties within the City. SB 9 requires ministerial approval of certain housing development projects consisting of no more than two attached or detached primary units in a single-family residential zone, the subdivision of a parcel in a single-family residential zone into two parcels, or a combination of both, which satisfies the requirements of Government Code Section 65852.21 and/or Section 66411.7. 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 Chapter and State law or other Chapters in the Municipal Code, the more permissive regulations shall prevail.

(Ord. No. 1488, 6/24/2026)

For purposes of this Chapter a "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-7.0, R-7.5, R-10.0, R-12.0, R-15.0, R-20.0, R-40.0, R-65.0, R-80.0, R-100.0, and any RR zoning district.

(Ord. No. 1488, 6/24/2026)

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

A. Any parcel which is not located in a single-family residential zone, as defined by this Chapter or Chapter 21.70 (Small Lot Subdivisions).

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 an adjacent parcel using the provisions in this Chapter. 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.

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

D. 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-, very low-, extremely low-, or acutely 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.

E. 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 of Division 3 of the Fish and Game Code Section 2800 et seq.), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.

F. 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.

G. 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.

H. 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 state responsibility area, as defined in Government Code Section 4102. 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.

I. 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 Health and Safety Code Section 25356, 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.

J. 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 44 CCR Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I 44.

K. 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 44 CCR Section 60.3(d)(3).

L. 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. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 of Division 3 of the Fish and Game Code Section 2050 et seq.), or the Native Plant Protection Act (Chapter 10 of Division 2 of the Fish and Game Code Section 1900 et seq.).

(Ord. No. 1488, 6/24/2026)

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

A. The applicant shall prepare a Parcel Map and Legal Description consistent with the requirements provided in Section 21.42.060, and any associated application to the Planning and Engineering Divisions.

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. 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.

D. Separate utility meters and connections shall be provided for each parcel.

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

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

G. The City shall notify all property owners within a 300-foot radius from the subject parcel upon a determination by the City that a subdivision application using the provisions of this Chapter is deemed complete.

H. A note on the parcel map and a recorded deed restriction in a form approved by the City Attorney's Office or designee 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.

I. 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 dwelling 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 Revenue and Taxation Code Sections 402.1 and 214.15.

(Ord. No. 1488, 6/24/2026)

All newly created SB 9 dwelling units shall comply with the following objective design and development standards:

A. Lot Coverage. The maximum lot coverage shall be consistent with the zoning district in which the development will be located, unless it would preclude an SB 9 dwelling unit from being at least 800 square feet in floor area.

B. Setbacks.

1. Front Yards. Front yard setbacks for any new SB 9 dwelling unit shall be consistent with the zoning district in which the development will be located, unless it would preclude an SB 9 dwelling unit from being at least 800 square feet in floor area.

2. Side and Rear Yards. Setbacks for any new SB 9 dwelling unit shall be a minimum of four feet from the side and rear parcel lines.

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

C. Height. The maximum height of any new SB 9 dwelling unit shall be consistent with the zoning district in which the development will be located. The maximum height of ADUs shall be consistent with Chapter 22.43 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

D. Parking. One uncovered or covered parking space per SB 9 dwelling unit shall be required, except where:

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

2. When there is a designated pick-up or drop-off location for car share vehicles located within one block of the subject property.

E. Accessory Dwelling Units and Junior Accessory Dwelling Units. ADUs/JADUs proposed as part of SB 9 application shall comply with Chapter 22.43 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

F. Driveway. Driveway access to all new SB 9 dwelling units shall be compliant with the City's standard details and specifications for driveways and turnarounds and Chapter 22.36 (Off-Street Parking and Loading Facilities).

G. Rentals.

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

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

H. 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.

I. New or modified detached dwelling units shall be separated from any other dwelling unit or building by five feet to prevent the spread of fire, unless it would preclude an SB 9 dwelling unit from being at least 800 square feet in floor area. Building separation requirements related to ADUs/JADUs shall comply with Section 22.43.060.

J. SB 9 dwelling units 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, and pedestrian pathway easements; or

2. In areas that extend into a creek bank.

K. All electrical and utility services to all new dwelling units shall be undergrounded consistent with Chapter 13.28 (Underground Utility Installation).

L. Notwithstanding the foregoing subsections, any design or development standards that physically preclude an SB 9 dwelling unit from being 800 square feet in floor area shall be waived.

M. For existing dwelling units using an onsite wastewater treatment system, the applicant shall complete a percolation test within the last five years, or, if the percolation test has been recertified, within the last 10 years.

(Ord. No. 1488, 6/24/2026)

The following objective standards and regulations apply to all new development on a parcel located within a single-family residential zone on a parcel that is not being subdivided:

A. Primary Units. Parcels not being subdivided shall be permitted the following quantity of primary units:

1. An existing primary dwelling unit and one new attached or detached construction SB 9 dwelling unit; or

2. Two total new attached or detached construction SB 9 dwelling units on an undeveloped lot.

B. Accessory Dwelling Units. Parcels not being subdivided shall be permitted the following quantity of ADUs and JADUs:

1. If the parcel only has one existing primary dwelling unit on the lot, one ADU and one JADU.

2. If the applicant proposes two total attached or detached construction SB 9 primary dwelling units, no ADUs or JADUs shall be permitted.

(Ord. No. 1488, 6/24/2026)

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

A. Primary Units. Each subsequent lot resulting from a parcel that has been subdivided shall be permitted up to two new attached or detached construction SB 9 dwelling units.

B. Accessory Dwelling Units.

1. If an applicant proposes to subdivide and create a new parcel consistent with this Chapter and proposes two primary units at the resulting parcel, no ADUs or JADUs shall be permitted on the new parcel.

2. If the applicant proposes to subdivide and create a new parcel consistent with this Chapter and proposes only one primary unit at the resulting parcel, one ADUs or one JADU shall also be permitted.

(Ord. No. 1488, 6/24/2026)

All applications for subdivisions and SB 9 dwelling units using this Chapter shall be ministerially approved or denied within 60 days from the date of a completed application, without public hearings or discretionary review. If denied, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(Ord. No. 1488, 6/24/2026)

All fees and charges for applications consistent with this Chapter shall be set forth in the City's User Fee Schedule.

(Ord. No. 1488, 6/24/2026)

All references to State statutes include successor provisions.

(Ord. No. 1488, 6/24/2026)