Martinez Municipal Code Ch. 21.70 Small Lot Subdivisions

The purpose of this chapter is to provide standards and procedures for the approval of subdivisions and residential development projects of ten or fewer residential units on urban lots under five acres in single-family and multifamily zoning districts to comply with the provisions of Government Code Sections 65852.28, 65913.4.5, and 66499.41. Use of this chapter does not affect the underlying zoning designation of any parcel.

(Ord. No. 1468, § III, 1/15/2025)

The City shall approve, without discretionary review or public hearing, a tentative, final, or parcel map, and the modification thereof, for a residential development that meets all the following requirements:

A. Lot Requirements.

1. Zoning. The lot is zoned for multifamily residential development or is vacant and zoned for single-family residential development.

a. If zoned for multifamily residential development, then the lot shall be no larger than five acres and is substantially surrounded by qualified urban uses. "Substantially surrounded" and "qualified urban use" shall have the same meaning as defined in Public Resources Code Section 21072 and Section 21159.25, paragraph (2), subdivision (a), respectively.

b. If vacant and zoned for single-family residential development, then the lot shall be no larger than 1.5 acres and is substantially surrounded by qualified urban uses. "Substantially surrounded" and "qualified urban use" shall have the same meaning as defined in Public Resources Code Section 21072 and Section 21159.25, paragraph (2), subdivision (a), respectively.

2. Lot creation. The lot was not established pursuant to this chapter or pursuant to Government Code Section 66411.7.

3. Site limitations. The lot is not located on any of the following sites, which are defined in California Government Code Section 66499.41(a)(9):

a. Prime farmland or farmland of statewide importance.

b. Wetlands.

c. High fire hazard severity zone.

d. Hazardous waste site.

e. Earthquake fault zone.

f. 100-year flood zone.

g. Regulatory floodway.

h. Conservation land.

i. Habitat for protected species.

j. Land under conservation easement.

B. Resulting parcels and residential units.

1. The newly created parcels shall be no smaller than 600 square feet in multifamily zoning districts and no smaller than 1,200 square feet in single-family zoning districts.

2. The proposed subdivision shall result in ten or fewer parcels, and the residential development project on any lot subdivided under this chapter shall contain ten or fewer residential units.

C. Ownership structure.

1. Housing units on the subdivided lot shall be one of the following:

a. Constructed on fee simple ownership lots;

b. Part of a common interest development;

c. Part of a housing cooperative, as defined in Civil Code Section 817;

d. Constructed on land owned by a community land trust meeting the criteria outlined in Government Code Section 66499.41(a)(4)(D); or

e. Part of a tenancy in common, as described in Civil Code Section 685.

2. Nothing in this chapter prevents or prohibits the rental of units created pursuant to this chapter.

D. Housing element compliance.

1. If the parcel is identified in the Inventory of Residential Sites in the City's Housing Element for the current planning period, then the development shall result in at least as many units as projected for that parcel in the Housing Element.

2. If the parcel is identified to accommodate any portion of the City's share of the regional housing need for low-, very low-, acutely low-, or extremely low-income households, then the development project shall result in at least as many low-, very low-, acutely low-, or extremely low-income units as projected in the Housing Element.

3. If the parcel is not identified in the Inventory of Residential Sites in the City's Housing Element, then the development must result in at least 66 percent of the maximum allowable density of the applicable zoning district or 19.8 units per acre, whichever is greater.

E. Floor area. The average total floor area for any individual residential unit shall not exceed 1,750 square feet of net habitable area, as defined in Government Code Section 66499.41(a)(6).

F. Demolition or alteration prohibition. The development project shall not require the demolition or alteration of any of the following types of existing housing unit(s):

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low-, very low-, acutely low-, or extremely low-income.

2. Housing that is subject to any form of rent or price control.

3. Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

4. Housing on a parcel where the owner of residential real property has exercised the owner's rights under Government Code Chapter 12.75 of Division 7 of Title 1 and withdrawn accommodations from rent or lease within 15 years before the date the property owner submits an application.

G. Site limitations. The lot is not located on sites listed in Section 21.70.020(A)(3).

H. Zoning and subdivision law conformance. The subdivision conforms to all applicable objective requirements of the Subdivision Map Act and Government Code Section 65852.28.

I. Public utilities access. The newly created parcels will be served by public utilities.

(Ord. No. 1468, § III, 1/15/2025)

A. A residential development project is not required to comply with the following:

1. Minimum size, width, depth, or dimensions of individual parcels beyond those established in this chapter.

2. Formation of a homeowners' association, except as required for maintenance of common space and/or by the Davis-Stirling Common Interest Development Act.

(Ord. No. 1468, § III, 1/15/2025)

Accessory dwelling units, junior accessory dwelling units, and Senate Bill 9 urban lot splits are not permitted on parcels created pursuant to this chapter.

(Ord. No. 1468, § III, 1/15/2025)

The Planning Division shall ministerially consider applications under this chapter without discretionary review or a public hearing. The Planning Division shall approve or deny an application for a tentative, parcel, or final map within 60 days from receipt of a completed application. If no decision is made within 60 days, then the application is deemed approved.

(Ord. No. 1468, § III, 1/15/2025)

The Planning Division may deny an application for a tentative, parcel, or final map if written finding(s) are made, based on a preponderance of the evidence, that the project would cause a specific, adverse impact, pursuant to Government Code Section 65589.5, subdivision (d), paragraph (2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. If the Planning Division denies an application, then it shall provide a written explanation to the applicant within 60 days of receiving the completed application. This explanation shall include a full set of comments detailing any defective or deficient items and how they may be remedied.

(Ord. No. 1468, § III, 1/15/2025)

A. Application Process. An applicant shall submit an application, along with the application fee, for a residential development on a lot that has been subdivided under this chapter and meets the requirements set forth in this section.

B. Objective Standards for Development.

1. The Planning Division may impose objective zoning standards, objective subdivision standards, or objective design and development standards associated with the underlying zoning district for a residential development, or to the design or improvement of a parcel, but shall not conflict with any standards set forth in this chapter.

2. The Planning Division shall not impose any objective zoning, subdivision, design, or development standard that:

a. Physically precludes the development of a project at the density specified by the General Plan or Housing Element.

b. Imposes a building separation requirement between units created under this chapter in excess five feet, or imposes rear or side setbacks from existing neighboring parcels in excess of four feet.

c. Requires parking spaces be enclosed or covered.

d. Imposes parking requirements in excess of or more stringent than one uncovered parking space per residential unit.

e. Imposes a floor area ratio standard less than:

i. 1.0 for residential development projects consisting of three to seven units.

ii. 1.25 for residential development projects consisting of eight to 10 units.

(Ord. No. 1468, § III, 1/15/2025; Ord. No. 1488, 6/24/2026)

A. Building permit issuance. A building permit for one or more residential units that are part of a residential development project consisting of ten or fewer units on a lot proposed to be subdivided pursuant to this chapter shall be issued by the Building Division if the applicant has met the following requirements:

1. The applicant has received tentative map approval or parcel map approval for the subdivision in accordance with the standards set forth in this chapter.

2. The applicant has submitted a building permit application that the Chief Building Official or designee has deemed complete pursuant to Government Code Section 65913.3, subdivision (b).

B. Conditions for permit issuance. The Building Division may condition the issuance of a building permit on the applicant submitting proof, to the satisfaction of the Chief Building Official or designee, of a recorded covenant and agreement enforceable by the City. This covenant and agreement must state that the applicant and the applicant's successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.

C. Permit issuance based on map approval. The Building Division may require security to ensure the faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval. The security amount shall be determined by the Chief Building Official or designee and shall not exceed 300 percent of the total estimated cost of the improvements or the acts to be performed. The security may be provided in one of the following forms, as determined by the Chief Building Official or designee:

1. Bond or bonds issued by one or more duly authorized corporate sureties.

2. An instrument of credit from a state, federal, or local government agency when such an agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security. Alternatively, the security may be provided by one or more financial institutions subject to state or federal regulation, pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or by a letter of credit issued by such a financial institution.

D. Denial of building permit. Notwithstanding the provisions of this section, the Building Division may deny the issuance of a building permit if the Chief Building Official or designee makes a written finding, based on a preponderance of the evidence, that the project would cause a specific, adverse impact, pursuant to Government Code Section 65589.5, subdivision (d), paragraph (2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

E. Subdivision improvements. No certificate of occupancy shall be issued until all subdivision improvements identified in the tentative or parcel map have been completed and approved by the Chief Building Official or designee.

(Ord. No. 1468, § III, 1/15/2025)