Martinez Municipal Code Ch. 15.55 Residential Amnesty Program for Unpermitted Dwelling Units

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Editor's note: Originally enacted as Ch. 15.50; renumbered because that chapter was already used.

This Chapter establishes standard procedures and protocols used to determine the condition of and the steps necessary to legalize existing unpermitted single-family dwelling, multi-family dwelling, accessory dwelling unit ("ADU"), or junior ADU ("JADU"), and herein referred to collectively as any "dwelling unit." Notwithstanding any other law, the City shall not deny a permit for an unpermitted dwelling unit, except where provided in this Chapter. This Chapter is not intended to provide amnesty to any unpermitted additions or conversions which do not constitute a new independent dwelling unit as defined in Chapter 22.04 and/or California Health and Safety Code Section 17958.1.

(Ord. No. 1469, § IV, 4/2/2025)

This Chapter applies to any unpermitted dwelling unit if the dwelling unit was constructed or converted before January 1, 2025.

(Ord. No. 1469, § IV, 4/2/2025)

The City may deny a request to legalize an unpermitted dwelling unit if the dwelling unit is deemed "substandard" according to Health and Safety Code Section 17960.

(Ord. No. 1469, § IV, 4/2/2025)

The City shall not deny a Certificate of Health and Safety Compliance for an ADU or JADU that is in violation of California building standards or does not comply with any state or local regulations related to dwelling units, other than Health and Safety Code Section 17960.

Unpermitted single-family and multi-family dwelling units shall still be subject to applicable requirements provided in Title 22 - Zoning.

(Ord. No. 1469, § IV, 4/2/2025)

The property owner applying for amnesty pursuant to Section 15.55.060 to legalize an unpermitted dwelling unit shall not be required to pay impact fees or connection or capacity charges except where utility infrastructure is required to comply with Health and Safety Code Section 17920.3.

(Ord. No. 1469, § IV, 4/2/2025)

The City is prohibited from penalizing an applicant for having an unpermitted dwelling unit and the City must approve necessary permits to correct noncompliance with applicable health and safety standards. However, if an unpermitted dwelling unit is determined upon inspection, outlined in Section 15.55.070.C, to be a substandard structure pursuant to Health and Safety Code Section 17920, then the property owner may request up to five years from said inspection to correct any discrepancies or violations. Further, the City shall suspend and shall not open any code enforcement cases regarding the noncompliance during the requested five-year period, provided the applicant makes a good-faith effort towards achieving compliance, as determined by the Chief Building Official or designee.

(Ord. No. 1469, § IV, 4/2/2025)

Interested parties seeking amnesty through this Chapter shall be offered two pathways to legalize an unpermitted dwelling unit.

A. Apply for a building permit and receive a certificate of occupancy. Applicants utilizing this pathway must meet all the applicable requirements provided in this Title, Title 22 - Zoning, and all requirements of the California Building Code, in addition to Health and Safety Code Section 17920. If the project meets all requirements, then the Chief Building Official or designee shall grant a Certificate of Occupancy for the dwelling unit; or

B. Apply for a certificate of health and safety compliance. Applicants who pursue a Certificate of Health and Safety Compliance are only required to meet the requirements of Health and Safety Code Section 17920. If the project meets all requirements, then the Chief Building Official or designee shall grant a Certificate of Health and Safety Compliance for the dwelling unit. A Certificate of Health and Safety Compliance is a finding by the Chief Building Official or designee that a dwelling unit built without building permits and inspections pursuant to the requirements of the Uniform Building Code meets minimum safety requirements for occupancy; this finding is not equivalent to a building permit or "as built" building permit and does not entitle the property owner to a separate Certificate of Occupancy.

(Ord. No. 1469, § IV, 4/2/2025)

If an applicant is applying to legalize an unpermitted dwelling unit pursuant to Section 15.55.060, then the applicant shall be required to:

A. When pursuing a Certificate of Occupancy:

1. Application and fee. Complete and submit a Building Permit application and pay applicable fees in accordance with the currently adopted fee schedule. The Building Permit application should include, but not be limited to:

a. Site plan;

b. Floor plans;

c. Interior elevations;

d. Exterior elevations;

e. Building sections; and

f. Details demonstrating specific code compliance requirements such as fire-resistant rating of a wall.

2. Inspections. Schedule an inspection with the Building Division to inspect the subject dwelling unit for compliance with applicable building, health, and safety standards. If the inspector finds noncompliance with applicable standards, then the inspector shall provide recommendations necessary to obtain a Certificate of Occupancy. Upon scheduling of the inspection with the City, property owner and/or applicant is obligated to correct any discrepancies deemed by the inspector to be violations to building, health, and/or safety codes in a timely manner, as indicated by State Law. Property owners and/or applicants are also obligated to legalize the dwelling unit, but can apply for a five-year delay of enforcement of non-health and safety code-related violations. The delay allows applicants up to five years to remedy the non-health and life safety violations before being subject to code enforcement to complete the legalization process.

3. Certificate issuance. The applicant shall schedule follow-up inspections with the Building Division to confirm all noncompliance issues identified in Subsection A.2 have been resolved. If the inspector determines the dwelling unit complies with all applicable building, health, and safety standards, then the Chief Building Official or designee shall grant a Certificate of Compliance.

B. When pursuing a Certificate of Health and Safety Compliance:

1. Application and fee. Complete and submit an Unpermitted Dwelling Unit Amnesty Application and an applicable Building Permit application(s), and pay applicable fees in accordance with the currently adopted fee schedule.

2. Dwelling unit documentation. Provide proof the unpermitted dwelling unit was constructed or converted before January 1, 2025. Proof is at the discretion of the Planning Manager or designee and can generally include, but not limited to:

a. Utility bills;

b. Property tax bills;

c. Dated lease or rental agreement;

d. Rental receipts;

e. Contractor bills;

f. Dated communication between the landlord and tenant(s) showing the unit was rented;

g. Written affidavits from neighbors, former owners, or former tenants;

h. Photos or videos of the completed unit or unit under construction, if the photos or videos can be dated with time stamps or other context clues;

i. Sales or Multiple Listing Service records that reference the unit; or

j. Building construction materials and technologies.

3. Inspections. Schedule an inspection with the Building Division to inspect the subject dwelling unit for compliance with applicable building, health, and safety standards. If the inspector finds noncompliance with applicable standards, then the inspector shall provide recommendations necessary to obtain a Certificate of Health and Safety Compliance. Upon scheduling of the inspection with the City, the property owner and/or applicant is obligated to correct any discrepancies deemed by the inspector to be violations to building, health, and/or safety codes in a timely manner, as indicated by State Law. Property owners and/or applicants are also obligated to legalize the dwelling unit, but can apply for a five-year delay of enforcement of non-health and safety code-related violations. The delay allows applicants up to five years to remedy the non-health and life safety violations before being subject to code enforcement to complete the legalization process.

4. Certificate issuance. The applicant shall schedule follow-up inspections with the Building Division to confirm all noncompliance issues identified in Subsection B.3 have been resolved. If the inspector determines the dwelling unit complies with all applicable building, health, and safety standards, then the Chief Building Official or designee shall grant a Certificate of Health and Safety Compliance.

(Ord. No. 1469, § IV, 4/2/2025)

In the event a corrective action is identified as part of the inspection of the unpermitted dwelling, prior to making any repairs, the property owner shall complete a Tenant Habitability and Relocation Plan describing how they will maintain habitability for the tenant and any adjacent units while repairs are being performed. In the event a corrective action or an imminent life-threatening hazard is identified and requires a tenant to be temporarily relocated, the plan shall also include details about how the property owner will assist with temporary relocation, which must include offering an available unit at the same rent (if the property owner owns other properties within Central Contra Costa County as provided by the Contra Costa Transportation Authority), paying for moving expenses to both the temporary housing and back to the subject dwelling unit, and providing to pay for the cost of temporary housing in excess of their current monthly rent for the full duration of the relocation. The property owner must also agree to continue renting to the existing tenant after repairs are complete with reasonable limits on rent increases for that tenant, as provided by the California Tenant Protection Act.

(Ord. No. 1469, § IV, 4/2/2025)

Upon granting of a Certificate of Occupancy or Certificate of Health and Safety Compliance, applicants shall be prohibited from renting the subject dwelling units for a period of less than 31 days and cannot be used or occupied as a short-term rental unit.

(Ord. No. 1469, § IV, 4/2/2025)