California ADU rules · Contra Costa County

Can I Build an ADU in Martinez?

Yes — you can build an ADU in Martinez. California's statewide ADU law requires every city, including Martinez, to approve a qualifying accessory dwelling unit by right, plus a junior ADU (JADU) on a single-family lot. What varies city to city are the local specifics below.

Figures below reflect Martinez's adopted ADU ordinance layered on California state law.

Can you build one?

ADUs allowed

CA state law

Yes — by right

ADUs and JADUs are allowed by right in all residential and mixed-use zones; ministerial approval, no hearing.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Units on a single-family lot

Local rule

1 detached ADU + 1 attached ADU + 1 JADU (up to 3 units)

Allows both 1 detached and 1 attached ADU plus 1 JADU per single-family lot.

§ 22.43.030

Units on a multifamily lot

Local rule

Up to 8 detached ADUs (not to exceed number of existing units) + conversions (>=1 or 25% of units) + 1 additional attached/detached ADU; for proposed multifamily, up to 2 detached ADUs + 1 additional attached/detached ADU

Local rules specify higher detached ADU count and additional attached/detached ADU.

§ 22.43.030

Junior ADU (JADU)

CA state law

Allowed

Up to 500 sq ft, within the walls of an existing single-family home (single-family lots only).

Cal. Gov. Code § 66333 (junior ADUs)

Size & height

Max detached ADU size

Local rule

1,200 sq ft

Local cap is 1,200 sq ft, excluding garage area; non-State Exempt ADUs must be smaller than primary dwelling.

§ 22.43.040(B)(1)

Max attached ADU size

Local rule

1,200 sq ft or 50% of primary dwelling, whichever is less (except State Exempt ADUs, which must allow at least 800 sq ft)

Local rule sets both a 1,200 sq ft cap and a 50% of primary dwelling limit.

§ 22.43.040(B)(1)

Guaranteed minimum size

CA state law

800 sq ft

An 800 sq ft ADU must be allowed regardless of FAR/lot-coverage caps; a city also cannot cap an attached ADU below 850 sq ft (1,000 for 2+ bedrooms).

Cal. Gov. Code § 66321 (size minimums & height)

Max JADU size

CA state law

500 sq ft

Cal. Gov. Code § 66333 (junior ADUs)

Max height

CA state law

16 ft

16 ft baseline; cities must allow 18 ft within ½ mi of a major transit stop or where the primary dwelling is two-story, and 20 ft on a lot with a multistory multifamily building.

Cal. Gov. Code § 66321 (size minimums & height)

Setbacks

Side setback

CA state law

4 ft

A city cannot require more than 4 ft side or rear setback; conversions of existing structures are exempt.

Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Rear setback

CA state law

4 ft

Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Front setback

CA state law

No front setback may block the mandatory 800 sq ft / 16-ft / 4-ft-setback ADU; otherwise per base zone

Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Separation from main house

Local rule

5 ft

Non-State Exempt ADUs require 5 ft separation from other structures; State Exempt ADUs may be closer with fire rating.

§ 22.43.060

Parking

Parking required

Local rule

Up to 1 space

1 off-street space per ADU; JADUs exempt. Tandem/compact allowed. Multiple local exemptions.

§ 22.43.080

Transit parking exemption

CA state law

Yes — no parking required near transit & for conversions

No parking may be required within ½ mi walking distance of transit, in a historic district, for an ADU within an existing structure, within one block of car-share, or in certain permit-parking areas.

Cal. Gov. Code § 66322 (ADU parking; § 66334 covers JADU parking)

Garage-conversion replacement parking

CA state law

Not required

When a garage/carport is demolished or converted to build an ADU, replacement parking cannot be required.

Cal. Gov. Code § 66314 (local ordinance standards)

Approval, timeline & cost

Approval path

CA state law

Ministerial (by right)

No public hearing or discretionary design review for a qualifying ADU.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Approval timeline

Local rule

30 days

30 days for preapproved plans; otherwise, state 60-day timeline applies.

§ 22.43.160

Owner-occupancy

Local rule

Only for a JADU

Owner-occupancy required only for JADUs with shared sanitation.

§ 22.43.120(H)

Impact-fee waiver

CA state law

Waived under 750 sq ft

An ADU of 750 sq ft or less pays no impact fees (the 750 sq ft threshold itself is exempt under § 66311.5); larger ADUs pay fees proportional to the primary dwelling. JADUs (≤ 500 sq ft) are exempt.

Cal. Gov. Code § 66311.5 (impact fees: none for an ADU ≤ 750 sq ft or JADU ≤ 500 sq ft)

Permits required

CA state law

Building permit

Only a ministerial building permit — no conditional use permit or discretionary design review for a qualifying ADU.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Martinez-specific factors that can change the answer

State law sets the floor, but these local conditions often decide whether a specific parcel works.

Sprinkler and fire rating requirements

Sprinklers required if primary dwelling is sprinklered; fire-rated construction required if ADU is <5 ft from another structure.

Geotechnical report for slopes >30%

Geotechnical report required for ADUs on slopes greater than 30%.

Historic Overlay District

No special replacement parking or demolition notice unless in Historic Overlay District.

Martinez allows both 1 detached and 1 attached ADU plus 1 JADU per single-family lot, with a 1,200 sq ft cap and specific separation and height rules. Local fire, hillside, and historic overlay requirements may apply.

Frequently asked questions

Can I build an ADU in Martinez?

Yes. California's statewide ADU law requires Martinez to approve a qualifying accessory dwelling unit ministerial (by right), plus a junior ADU (JADU) on a single-family lot.

How big can an ADU be in Martinez?

A detached ADU of at least 1,200 sq ft must be allowed, and an ADU of 800 sq ft can never be zoned out by floor-area or lot-coverage limits. A JADU can be up to 500 sq ft.

What are the setback requirements for an ADU in Martinez?

Side and rear setbacks are limited to 4 ft. No front setback may block the mandatory 800 sq ft / 16-ft / 4-ft-setback ADU; otherwise per base zone.

Is parking required for an ADU in Martinez?

Up to 1 space. No parking can be required within ½ mile of transit, for conversions, or for units inside the primary home. When a garage is converted, replacement parking is not required.

How long does ADU approval take in Martinez?

A complete application must be acted on within 30 days, with ministerial (by right) — no public hearing or discretionary design review for a qualifying ADU.

Do I have to live on the property to build an ADU in Martinez?

Owner-occupancy: only for a jadu. ADUs under 750 sq ft are also exempt from impact fees.

Sources

  • Martinez Municipal Code Chapter 22.43 (Ord. No. 1485, 3/18/2026)
  • § 22.43.030
  • § 22.43.040(B)(1)
  • § 22.43.060
  • § 22.43.080
  • § 22.43.160
  • § 22.43.120(H)
  • § 22.43.120(F)
  • § 22.43.120(L)
  • § 22.43.080(C)
  • Cal. Gov. Code §§ 66310–66342 (ADU Law)
  • HCD 2025 Accessory Dwelling Unit Handbook
  • Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)
  • Cal. Gov. Code § 66333 (junior ADUs)
  • Cal. Gov. Code § 66321 (size minimums & height)
  • Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)
  • Cal. Gov. Code § 66322 (ADU parking; § 66334 covers JADU parking)
  • Cal. Gov. Code § 66314 (local ordinance standards)
  • Cal. Gov. Code § 66311.5 (impact fees: none for an ADU ≤ 750 sq ft or JADU ≤ 500 sq ft)

Last updated 2026-06-25. This is an AI-assisted summary of Martinez's ADU rules, drawn from its published ordinance and California ADU law — general information, not legal advice, and it may be incomplete or out of date. Verify the controlling rule for your specific parcel with Martinez Planning before relying on it.

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