Local zoning · Martinez

Martinez — Variances and Exceptions

Q: What is the difference between a variance and a minor exception in Martinez?

A variance under § 22.44 is for dimensional relief based on practical difficulty or unnecessary physical hardship and is decided by the Board of Adjustments; it cannot change permitted uses. A minor exception under § 22.45 provides limited, enumerated numeric deviations (see Table 22.45.020(A)) and is approved administratively if the “substantially complies / no detrimental impact” findings are met.

Variances and Exceptions under the Martinez local zoning and planning code, with the controlling citations.

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

Martinez addresses both variances (traditional relief from dimensional/regulatory standards) and exceptions (minor/major deviations and programmatic exceptions) in separate chapters of the Zoning Ordinance. Variances are processed through the Board of Adjustments with specific hardship findings, while Exceptions (minor and major) are an administrative/discretionary pathway tied to the city's Development Incentives and Community Benefits Program and other chapters. See the controlling procedures and findings in § 22.44 (Variances) and § 22.45 (Exceptions) for the legal test and process.

Note: where the ordinance refers to development standards that might trigger a variance/exception (setbacks, height, FAR, lot coverage, parking, etc.), those base standards are found in the district chapters and the Development Standards chapter; for example see § 22.12 for residential district dimensional tables.

Important internal links (first mention only):

For site parking rules see the city’s parking rules.
Exceptions and modifications frequently interact with the city's development standards.
Many discretionary actions trigger design review.
ADU requests often rely on the ADU chapter and its exception clause; see ADUs.
Several exceptions arise within overlay districts.
California construction standards remain governed by the California Building Standards Code.

What the Martinez Code says (core rules and findings)

Variances are governed by Chapter 22.44. A variance may be granted only for specified physical/dimensional regulations (fences/walls, lot area, frontage, coverage, front/rear/side yards, height, distance between structures, off‑street parking/loading) and cannot be used to change use regulations. The Board of Adjustments must make classic hardship/practical difficulty findings (e.g., literal enforcement would cause unnecessary physical hardship; exceptional circumstances apply; grant does not confer special privileges; not detrimental to public health/safety) before approval. See § 22.44.020 and § 22.44.070.
Applications and public notices for variances: a written application with detailed drawings, supporting statement, and fee is required; a public hearing must be scheduled and mailed notice given within the timeframe in § 22.44.030 and § 22.44.040. Variances lapse after one year unless a building permit is issued or construction commences; renewal is possible. See § 22.44.030, § 22.44.040, and § 22.44.120.
Exceptions are handled separately in Chapter 22.45. The chapter distinguishes Minor Exceptions (limited deviations listed in Table 22.45.020(A)) and Major Exceptions (larger departures, sometimes allowed through the Development Incentives and Community Benefits Program). Minor exceptions are approved if the Community & Economic Development Director (or designee) or the reviewing authority can make the findings in § 22.45.040(A); major exceptions require additional findings in § 22.45.040(B) and may be linked to Chapter 22.81 incentives. See § 22.45.010–§ 22.45.040.
Application and lapse rules for exceptions mirror variance practice: complete application with plans and fees is required, exceptions lapse after one year unless building activity begins, and exceptions may be renewed or revoked per § 22.45.030 and § 22.45.060–.070.
Special exception rules appear in other chapters (e.g., wireless telecomm exceptions in § 22.39.130, development-fee waivers/adjustments in § 22.55.120, and density‑bonus waivers/modifications in § 22.80). Where a topic sits in its own chapter the exception process and findings in that chapter apply in addition to the general exception/variance rules.

Table — Quick reference: common relief types and the code reference

Relief type	Typical limit or test (decision‑relevant)	Reviewing authority	Code Reference
Minor Exception (height, setback, coverage, FAR, fences)	Small deviations — e.g., up to 5 ft height (primary structures) or 10 ft / 25% setback reduction (whichever less) per Table 22.45.020(A)	Community & Economic Development Director / Planning Manager or reviewing permit authority	§ 22.45.020
Major Exception (beyond minor limits)	Must show design benefit / economic vitality; often tied to Development Incentives	Planning Commission or Zoning Administrator	§ 22.45.020(B) and § 22.45.040(B)
Variance (dimensional/hardship)	Hardship/practical difficulty findings; not for changes in use	Board of Adjustments (with appeal routes)	§ 22.44.020 / § 22.44.070
Parking variances	Additional findings about traffic and on‑street parking impacts required	Board of Adjustments	§ 22.44.070(B)
Fee adjustment / waiver	Developer must prove fee imposition violated law or project infeasibility for affordable housing	Community Development Director (appealable)	§ 22.55.120
Density‑bonus waivers/mods	Must follow state density bonus rules; findings on feasibility and impacts required	Deciding body for the project (may be administrative)	§ 22.80.050–.060

District-by-district breakdown (how variances/exceptions map to districts)

Below are the primary districts where most homeowner and small‑project variance/exception requests occur. Each subsection shows the district purpose, typical permitted uses, key dimensional standards that commonly trigger a variance/exception request, and where the district is applied in Martinez.

R-1.5 (Multifamily / higher‑density residential)

Purpose / typical uses: Reserve areas for single‑family and multifamily residential development; permits multifamily up to larger building sizes in this district. Permitted uses include single‑family dwellings, multifamily as allowed by table, ADUs, accessory uses, limited home occupations. See § 22.12.080.
Key dimensional standards: Rear yard typically 20 ft (reducible to 10 ft with development incentive) and side yards 5 ft; height up to 2.5 stories / 30 ft in R‑1.5; maximum site coverage 75%; see § 22.12.240, § 22.12.260, § 22.12.210.
Where used: Citywide residential neighborhoods; higher intensity multifamily corridors. Verify parcel zoning with the city map. Variance/exception use: common for setback reductions or height exceptions (ADU rooflines, additions). See minor exception caps in § 22.45.020.

R-2.5

Purpose / typical uses: Medium density residential; allows single family and select multifamily (see table in § 22.12.080).
Key dimensional standards: Rear yard 25 ft (may reduce with incentives), side yard 5 ft, height typically up to 2.5 stories/30 ft, coverage 65%; see § 22.12.240, § 22.12.260, § 22.12.210.
Where used: Residential areas less dense than R‑1.5. Exceptions commonly requested for setbacks and lot coverage for additions or granny units. See Exception chapter § 22.45.

R-3.5

Purpose / typical uses: Lower multifamily scale than R‑1.5; allows two‑unit buildings and multifamily where appropriate. Permitted uses and unit limits are in § 22.12.080.
Key dimensional standards: Coverage 50%, side yard 5 ft, usable outdoor space minimum per unit 500 sq ft, height limits per § 22.12.260.
Where used: Smaller multifamily pockets; variance/exception requests commonly address usable outdoor space, setbacks, or parking requirements. Parking variances must meet the additional parking findings in § 22.44.070(B).

RR / Rural Residential and Agricultural (RR, A)

Purpose / typical uses: Preserve lower‑density and agricultural land uses; allow certain agricultural operations, stables, and single‑family dwellings. See § 22.10.010 and Alhambra Valley variants § 22.29 for AV districts.
Key dimensional standards: Large minimum lot sizes and larger setbacks; coverage and lot‑area standards appear in district tables (e.g., § 22.12.210). Varied exceptions may be available for agricultural accessory structures under chapter exceptions.

C (Commercial / Central Commercial) and PA (Professional & Administrative Office)

Purpose / typical uses: C: retail, services, restaurants; PA: office and transitional uses that buffer residential and commercial districts. Permitted uses are listed in § 22.16 and § 22.14.
Key dimensional standards: Height limits, yard/landscaping standards, and parking requirements are district‑specific; many commercial projects use the Exceptions chapter for design‑related departures (particularly height and roofline exceptions) under § 22.45. See also central commercial allowances under Section 22.75 for housing in commercial districts.

LI / HI — Industrial districts

Purpose / typical uses: Provide for manufacturing, tech, logistics, and related uses in appropriate areas. See § 22.18.
Key dimensional standards: Performance standards tied to noise, air quality, and setbacks; variances where operations create unique constraints are evaluated under the variance findings. See § 22.44 and the district performance standards in § 22.18.

Practical note: Most district chapters cross‑reference the general provisions and exceptions in Chapter 22.34, so always confirm whether a use or dimensional standard has a district‑specific exception or additional finding.

How the findings differ: Variance vs Exception (plain comparison)

Variance (Board of Adjustments): factual hardship/practical difficulty standard focused on unique physical characteristics of the property (size, shape, topography). Cost alone is not sufficient. Variances explicitly cannot change permitted uses. The Board must make the five classic findings in § 22.44.070.
Minor Exception (Administrative): limited, quantified relief from numeric development standards (e.g., small height or setback reductions) if the director/reviewing authority can make the “substantially complies / not detrimental” findings in § 22.45.040(A). Major Exceptions require showing a public/design benefit and economic vitality in addition to the minor findings in § 22.45.040(B).
Special program waivers: Fee adjustments or density‑bonus waivers use separate chapters and statutory tests (e.g., Government Code for density bonus). See § 22.55.120 and § 22.80 for the separate standards and appeal routes.

Checklist (what an applicant must supply)

Completed Standard Planning Application form and payment of applicable fee. § 22.45.030 / § 22.44.030.
Accurate, to‑scale site plans and elevation drawings showing existing and proposed conditions, setbacks, lot lines, grading, parking, and ingress/egress per application requirements. § 22.44.030.
A written narrative addressing the required findings (variance: hardship/practical difficulty; exception: substantial compliance and no detrimental impacts; major exception: additional public/design benefits). § 22.44.070 / § 22.45.040.
Evidence for any specialized findings (parking impact surveys for parking variances; economic feasibility documentation for density bonus waivers). § 22.44.070(B) / § 22.80.050–.060.
If requesting fee adjustments/waivers provide legal/technical support comparing the challenged fee to the technical report and law. § 22.55.120.
Be prepared for public notice, hearing, and the appeal windows (10–45 day timeframes depending on step). § 22.44.040, § 22.45.050.

Risks & Ambiguities

Issue	Why it matters	What to verify
Variance vs Exception pathway	Using the wrong application process wastes time and fee and can lead to denial	Confirm whether the relief sought is one of the numeric deviations listed for a minor exception (Table 22.45.020(A)) or is a dimensional standard that requires a variance under § 22.44.020. Verify with the jurisdiction.
ADU size/placement conflicts	ADU chapter contains its own exception allowances and limitations that interact with exceptions	Check § 22.43.130 (ADU exceptions) and whether the ADU exception is the right vehicle rather than a variance; ADU exceptions may allow deviations consistent with that chapter.
Parking relief needs extra findings	Parking variances require additional traffic/parking impact findings to avoid street congestion	For parking variances, the Board must make added findings in § 22.44.070(B); provide traffic/parking evidence.
Program‑linked exceptions (Development Incentives)	Major exceptions tied to incentives require showing public benefits and meeting Chapter 22.81 rules	If requesting a major exception under the Development Incentives program, follow § 22.45.020(B) and the incentives chapter; also document public/design benefits.
Fee waiver/adjustment statutory tests	Fee waivers are a legal claim that the fee was improperly adopted or makes a project infeasible	For IM fee adjustments see § 22.55.120; legal/technical backup and timeliness (60 days filing limit) are critical.
Lapse and renewal timing	Approvals expire if permits/CO not obtained within 1 year	Variances and exceptions lapse after 1 year unless construction commences or a building permit is issued; plan timing accordingly. § 22.44.120, § 22.45.060.

Plain-English Summary

If your project needs a small numeric break (like a few feet off a setback or a modest height allowance), file for a Minor Exception under § 22.45 and show it won't hurt neighbors or undermine the zoning purpose; if your property has unique physical constraints (rocky slope, odd shape) you’ll likely need a Variance under § 22.44, which requires showing practical difficulty or hardship. Both routes need drawings, a written explanation that addresses the specific findings, and follow strict timelines; appeals and lapse rules apply.

Source References

Martinez Municipal Code, Chapter 22 — Variances (Chapter 22.44) — § 22.44.020, § 22.44.030, § 22.44.040, § 22.44.070, § 22.44.120. (Downloaded from https://ecode360.com/MA6944)
Martinez Municipal Code, Chapter 22 — Exceptions (Chapter 22.45) — § 22.45.010–§ 22.45.060 (including Table 22.45.020(A) Minor Exceptions and § 22.45.040 Findings) . (Downloaded from https://ecode360.com/MA6944)
Martinez Municipal Code — Wireless telecomm exceptions § 22.39.130.
Martinez Municipal Code — Fee adjustment/waiver (Impact Mitigation fees) § 22.55.120.
Martinez Municipal Code — Density Bonus waivers and required findings § 22.80.050–.060.
Martinez Municipal Code — Residential district permitted uses and dimensional standards (e.g., § 22.12.080, § 22.12.210, § 22.12.230–.260).
Martinez Municipal Code — Professional/Office and Commercial district chapters § 22.14, § 22.16, and Industrial § 22.18.

Sources

Retrieved passages

CBC § 22.45.020 (Chapter and) High relevance
CBC § 22.45.030 (§ XVIII) High relevance
Martinez Zoning Code (§ 22.39.120) High relevance
Martinez Zoning Code (§ 22.44.060.) High relevance
Martinez Zoning Code (§ 22.55.120) High relevance
Martinez Zoning Code (Title is) High relevance
Martinez Zoning Code (§ 22.44.120.) High relevance
Martinez Zoning Code (§ 22.46.070.) High relevance
Martinez Zoning Code (§ 10) Medium relevance
Martinez Zoning Code (Section 22.12.220.) Medium relevance
Martinez Zoning Code (§ 1) Medium relevance
Martinez Zoning Code (Chapter 22.81) Medium relevance
Martinez Zoning Code (§ 10) Medium relevance
Martinez Zoning Code (Section 22.43.080.) Medium relevance
Martinez Zoning Code (§ 10) Medium relevance
Martinez Zoning Code (§ 22.12.240) Medium relevance

Cited sections

Official Martinez code library

Frequently asked questions

What is the difference between a variance and a minor exception in Martinez?

A variance under § 22.44 is for dimensional relief based on practical difficulty or unnecessary physical hardship and is decided by the Board of Adjustments; it cannot change permitted uses. A minor exception under § 22.45 provides limited, enumerated numeric deviations (see Table 22.45.020(A)) and is approved administratively if the “substantially complies / no detrimental impact” findings are met.

How do I apply for a variance in Martinez and what must be in the application?

File a written application to the Board of Adjustments on the prescribed form with accurate scaled site/elevation drawings, a narrative explaining the precise variance requested and the practical difficulty or hardship, and the required fee. Application content and notice/hearing timing are set out in § 22.44.030–.040.

What findings must be proved for a variance?

The Board must find (among other things) that strict enforcement would cause practical difficulty or unnecessary physical hardship, the circumstances are unique to the property, granting the variance won’t grant special privileges or harm public health/safety, and the applicant is deprived of privileges enjoyed by other properties in the district. See § 22.44.070.

Can I get a setback reduction for an ADU through an exception?

ADUs have their own exception language and allowances in the ADU chapter; the ADU exceptions may permit departures otherwise disallowed—see § 22.43.130 for ADU exceptions and then § 22.45 for general exception procedure. Verify whether the ADU chapter provides the relief before pursuing a general variance.

If I need relief for parking, what extra tests apply?

Parking variances require the standard variance findings plus additional findings about current and anticipated traffic volumes, the absence of on‑street parking impacts, and safety; these added tests are listed in § 22.44.070(B). Be prepared to provide parking/traffic evidence.

How long does an approved variance or exception remain valid?

Both variances and exceptions lapse one year after they become effective unless a building permit is issued and construction begins or a certificate of occupancy is issued; a one‑year renewal may be available. See § 22.44.120 and § 22.45.060.

Can I appeal a decision on a variance or exception?

Yes. Variance decisions by the Board of Adjustments may be appealed to the Board of Appeals and further to City Council within the timeframes in § 22.44.080–.100; exception decisions have appeal procedures as stated in § 22.45.050. Appeals require filing on prescribed forms and stating the errors alleged.

Are there special rules for major exceptions tied to incentive programs?

Yes—major exceptions beyond the minor exception caps may be approved through participation in the Development Incentives and Community Benefits Program (Chapter 22.81). Approvals require the findings in § 22.45.040(B) demonstrating design benefit or economic/community vitality. Verify with the jurisdiction about concurrent incentive program application requirements.

Ask about any Martinez property

Get a cited, plain-English answer on Martinez zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial