A. Aesthetics. The design of the ADU and/or JADU shall be as follows:
1. For a detached ADU, the exterior materials and design shall match the design of any existing primary unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials an d roof pitch. The Community and Economic Development Director, Planning Manager, or designee may determine without the requirement for a public hearing or a public review process that similar materials and design substantially comply with this requirement.
2. For an attached ADU, the exterior materials, windows, and other architectural features shall match the existing structure by employing the same building form, exterior wall materials, color tones, window design, door and window trims, roofing materials and roof pitch. The Community and Economic Development Director, Planning Manager, or designee may determine without the requirement for a public hearing or a public review process that similar materials, windows, or other architectural features substantially comply with this requirement.
B. Lighting. Exterior building lighting shall be fully shielded and downward -facing and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code.
C. Utility connections. All electrical and utility services to a new dwelling unit shall be undergrounded.
22.43.100. Ingress and egress.
A. ADUs and JADUs shall have an independently accessible entrance that does not require passage through the primary residence.
B. With the exception of JADUs that do not include separate sanitation facilities, attached ADUs shall not be allowed a connecting doorway or other permanent ingress or egress between the primary dwelling and the ADU.
C. Unless it would preclude the development of a Statewide Exemption ADU, an exterior stairway proposed to serve an ADU or JADU on a second story or higher shall not be visible from the public right -of-way. Access to a first story dwelling by stairs or ADA accessible ramp may be permitted in the front of the primary dwelling.
D.C. A JADU created entirely through conversion of an existing permitted structure is allowed a physical addition of no more than 150 square feet and shall be limited to accommodating ingress and egress consistent with the remainder of this Chapter.
22.43.110. Privacy.
The following privacy standards shall apply to all Non-State Exempt ADUs:
A. Windows. ADUs that do not meet the setback requirements that would apply to a primary dwelling in the same district shall require windows on the second story or above that face neighboring property lines to:
1. Be clerestory with a minimum sill height of six feet above the subject interior floor elevation; or
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2. Have frosted or opaque glass and not be operable except as required for an ingress/egress requirement pursuant to the California Residential Code.
B. Balconies and decks. Balconies and decks attached to ADUs shall comply with the setback requirements that apply to a primary dwelling in the same district.
22.43.120. General requirements.
A. Compliance with building codes. All ADUs and JADUs shall comply with all applicable requirements of the building code as adopted and enforced at time of submitting a complete application. In cases where an ADU or JADU is to be created through the reconfiguration of a portion of an existing single -family dwelling, both the secondary and primary dwelling shall be upgraded to comply with such building code requirements, which include but is not limited to noise separation between units sharing common walls, emergency egress and heating/ventilation requirements, as required by the Chief Building Official or designee.
B. Final Building Permit. A Final Building Permit for an ADU/JADU shall not be permitted before a Final Building Permit is issued for the respective primary dwelling, unless the ADU is constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025 , if the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency, and the ADU has been issued construction permits and passed all required inspections.
B.C. Permanent foundation. A permanent foundation shall be required for all attached and detached ADUs and for any ADU or JADU created entirely through conversion to the existing structure with a physical addition.
C.D. Public utilities and services. ADUs shall be served by public water and sewer and shall have access to an improved public street.
D.E. Required facilities. With the exception of JADUs, all attached or detached ADUs must include:
1. Independent facilities for living, sleeping, cooking, and sanitation.
2. A kitchen area containing a refrigerator, sink, and permanently installed cooking appliance, which must include at least a fixed stovetop.
3. A fully plumbed bathroom including sink, shower, and toilet.
4. If a permitted JADU does not include a separate bathroom, the JADU must include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
E.F. Fire sprinklers. All newly constructed or converted ADUs are required to have automatic residential fire sprinklers consistent with California Residential Code Section R313.2, unless the existing primary structure was constructed prior to the requirement f or automatic residential sprinkler system. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
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F.G. Windows. Detached ADUs with a wall(s) located closer than five feet to a primary dwelling shall not include any openings such as windows or doors on the subject wall(s).
G.H. Occupancy. ADUs and JADUs may be rented separately from the primary dwelling—Dwellings with ADUs do not require owner occupancy of either the primary dwelling or ADU. Dwellings with JADUs require owner occupancy of either the primary dwelling or the JADU if the JADU has shared sanitation facilities with the existing structure, but shall not be required if the JADU has separate sanitation facilities or the owner is another governmental agency, land trust, or housing organization. No ADU or JADU shall be rent ed for a period of less than 31 days and cannot be occupied as a short-term rental unit.
H.I. Conveyance. ADUs may be separately conveyed as condominiums under the following requirements.
1. Non-Profit Conveyance: The involvement of qualified nonprofit housing organizations consistent with California Government Code Sections 65852.2 and 65852.26Section 66341.
2. Private Conveyance: An attached ADU may be conveyed separately from a primary dwelling via a private transaction with implementation of a condominium plan. The conveyance of the ADU shall also comply with Government Code Section 65852.266341, the Subdivision Map Act (Division 2 (commencing with Section 66410)), and all objective requirements of Martinez Municipal Code Title 21.
I.J. Common sanitation facilities. JADUs are permitted to have common sanitation facilities with the primary dwelling. Any JADU with common sanitation facilities shall have interior access to the primary dwelling.
J.K. Protected trees. Where an ADU is proposed within the dripline of a protected tree, as defined in Section 8.08.044, an arborist report prepared by a licensed arborist shall be required and all ensuing recommendations shall be followed.
K.L. Hillside properties. For areas with slopes greater than 30 percent, the preparation of a geotechnical investigation report shall be required and all ensuing recommendations shall be followed.
22.43.130. Exceptions.
A. Exceptions may be granted. The Zoning Administrator may grant an exception to height, size, setback, sight distance, building separation, parking, ingress and egress, privacy, and design standards consistent with the procedures set forth in Section
22.06.020 and subject to the following findings:Chapter 22.45 (Exceptions):
1. The project will substantially comply with the Zoning Ordinance and the purpose and intent of the zoning district where the property is located.
2. The project will not pose a detrimental impact to the site, adjacent properties, or neighborhood.
3. The project will otherwise comply with applicable Zoning Ordinance standards and requirements.
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B. Limitations of this section. Consistent with California Government Code Section 65852.266323, this Section shall not preclude or impede the development of any Statewide Exemption State Exempt ADU and in compliance with all other local development standards.
22.43.140. ADU bonus program.
A. Applicability. Applicants that are proposing to deed -restrict an ADU to the following affordability levels are eligible for the bonuses described below:
1. Moderate-Income, deed-restricted: Provide affordability between 80 to 120 percent of area median income with affordability restrictions in place for 55 years.
2. Lower-Income, deed-restricted: Provide affordability at less than 80 percent of area median income with affordability restrictions in place for 35 years.
B. Bonuses. The Community and Economic Development Director, Planning Manager, or designee shall approve the following exceptions:
1. For ADU(s) consistent with the affordability requirements outlined in subsection A:
a. If the project is located in within a Transit Priority Area, defined by California Public Resources Code Section 21099(a)(7) as an area within one-half mile of a major transit stop that is existing or planned, the applicant shall be allowed one additional unrestricted ADU for every deed-restricted ADU with no limits so long as the respective amount of deed-restricted ADUs is provided, subject to space limitations and compliance with other standards and requirements of this chapter. b. If the project is not located within a Transit Priority Area, the limit shall be one deed-restricted and one additional unrestricted ADU, for a maximum of threefour ADUs.
2. Waiver from another development standard listed in this chapter that would otherwise make development of a deed-restricted ADU infeasible.
C. Requirements. Property owners shall work with the City and Housing Authority of the County of Contra Costa (HACCC) to establish an affordable housing program, which at a minimum shall establish tenant eligibility, income verification and reporting requirements, and procedures for when a tenant's income raise beyond income limits.
22.43.150. Application requirements.
An application for an ADU or JADU shall be allowed with a building permit. In addition to the normal building permit submittal requirements, a completed application must include, at a minimum:
A. Site plan.
1. Drawn to scale.
2. Dimensions of the perimeter of parcel on which the proposed dwelling will be located.
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3. Indicate the location and dimensioned setbacks of all existing, proposed, and adjacent structures abutting the project site.
4. Data on the floor space of the existing structure(s) and proposed unit.
5. All easements, building envelopes, and special requirements of the subdivision as shown on the final map and improvement plans shall be included.
6. Provide average slope calculations for the project site.
7. Calculations indicating the square footage of the structure and the lot, including calculations on the plan for the percentage of lot area covered by the foundation of the existing and proposed dwelling units.
B. Floor plans.
1. Each floor and room shall be dimensioned, and the resulting floor area calculation included.
2. The use of each room shall be identified.
3. The size and location of all windows and doors shall be clearly depicted.
C. Elevation views.
1. Provide north, south, east, and west elevations.
2. Show all heights for all existing and proposed structures on site. Height shall be calculated as the vertical distance of a building at any point, within a given plane, from finished grade to the top of the roof or parapet walls.
3. Show all openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, and materials.
4. For ADUs and/or JADUs that include modifications to the exterior of the primary structure or new construction, provide elevations showing all openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing primary structure and the proposed unit.
22.43.160. Review and approval authority.
A. Application to be administratively approved. All ADUs and JADUs require a building permit. The building permit will be reviewed for compliance with applicable building codes, California Government Code Section 65852.2 and 65852.22 Sections 66310 through 66342 , and development and design standards from this Section. If an application to create an ADU or JADU is submitted as part of a project that requires discretionary review, a Building Permit shall not be issued for the ADU or JADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired.
B. Approval of preapproved ADU. The City shall approve or deny an application for an ADU ministerially within 30 days if the proposed ADU plans utilize either preapproved project plans provided on the City's website or if the plans are identical to a separate and previously approved application.
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C. Approval of unit does not permit land division. Approval of an ADU or JADU shall not be deemed to be a division of land for purposes of California Government Code Section 66410 et seq. or Title 21 of the Municipal Code, nor shall the administrative approva l above entitle the applicant to either: (a) such a division of land; or (b) to have each of the dwelling units on the parcel separately assessed for property tax purposes.
22.43.170. Amnesty for unpermitted ADUs and JADUs.
See Chapter 15.55 (Residential Amnesty Program for Unpermitted Dwelling Units) for regulations related to legalizing unpermitted dwelling units.
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URGENCY ORDINANCE NO. ___
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARTINEZ APPROVING ZONING TEXT AMENDMENTS TO AMEND CHAPTERS 22.04 (DEFINITIONS), 22.43 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS), AND 22.84 (EXCEPTIONS) TO REFLECT RECENT UPDATES TO
STATE LAW AND FEEDBACK FROM THE CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT RELATED TO ACCESSORY DWELLING UNIT
REGULATIONS
WHEREAS, The State regulates accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) through Government Code Sections 66310 through 66342 by which each local agencies are required to comply; and
WHEREAS, Government Code Section 66323 requires local agencies to ministerially approve applications for any applicable State Exempt ADUs; and
WHEREAS, Government Code Section 66326 requires that local agencies submit a copy of their adopted ADU/JADU ordinances to the California Department of Housing and Community Development (“HCD”) within 60 days after adoption; and
WHEREAS, the City of Martinez (the “City”) provided HCD with copies of the adopted AOrdinances on August 14, 2023, June 12, 2024, March 27, 2025, April 4, 2025, and December 15, 2025; and
WHEREAS, the City received a letter from HCD , dated January 6, 2026 , that cites inconsistencies with State law, as determined by HCD; and
WHEREAS, the City strives to comply with all applicable State laws and is proposing to amend ADU regulations based on direction from HCD; and
WHEREAS, the City seeks to also add clarifications to the City’s regulations related to State Exempt ADUs, exceptions, the ADU Bonus Program, and sightline distance requirements; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Text Amendments on March 18, 2026, at which time all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein above set forth and used its independent judgement to evaluate the project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES ORDAIN AS 295
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FOLLOWS:
SECTION I. The recitals above are true and correct and incorporated herein by reference.
SECTION II. FINDINGS.
Pursuant to Martinez Municipal Code (“MMC”) Section 22.46.020 and Government Code Section 36937(b), the City Council hereby finds the Zoning Text Amendments are consistent with the General Plan 2035 and all applicable Specific Plans in that they are necessary to comply with State law.
The immediate adoption of this Urgency Ordinance is necessary to comply with State law, to facilitate housing production, and to provide clarity between State and local regulations.
SECTION II: ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”), together with State Guidelines require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to the CEQA, the City Council hereby finds the proposed Ordinance is exempt from the requirements of the CEQA pursuant to Public Resource Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, which exempts the adoption of an ordinance regarding ADUs to implement provisions of Government Code Sections 65852.2 and 65852.22 (which have since been replaced by Government Code Sections 66310 through 66342).
SECTION III: IMPLEMENTATION
Section 22.04.030 in Chapter 22.04 (Definitions) of the MMC is hereby amended to modify the following definition:
Accessory dwelling unit, state exempt.
A "state exempt ADU" is an ADU or JADU consistent wit h Government Code Section 66323.
State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a State Exempt ADU.
SECTION IV: IMPLEMENTATION
Chapter 22.43 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the MMC is hereby amended to reflect direction from HCD as follows:
22.43.010. Intent.
This Chapter is intended to comply with State Law (including, but not limited to, California Government Code Sections 66310 through 66342), by allowing accessory dwelling units (ADU) and junior accessory dwelling units (JADU) through ministerial review, subject to meeting the objective design and development standards prescribed below. In the event of any conflict or inconsistency between this Chapter and State law or other Sections in the Municipal Code, the more permissive regulations shall prevail.
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22.43.020. Where permitted.
A. Any ADU may be permitted:
1. On any lot zoned for a residential use, or any non -residentially zoned lot which is currently occupied with a single-family dwelling or multifamily dwellings.
2. On any lot zoned or occupied by a religious institution, as defined in Chapter 22.04.
B. ADUs shall not be located in the following locations:
1. In areas encumbered by a recorded easemen t, including but not limited to, public utility easements, conservation easements, access easements, pedestrian pathway easements and open space easements; or
2. In areas that extend into a creek bank.
22.43.030. Quantity of units.
The following number of ADU s and JADUs shall be the maximum number of accessory units permitted on lots subject to this Section.
A. Lot with one single -family dwelling unit: one detached ADU, one attached ADU, and one JADU.
B. Lot with more than one legal, conforming single -family dwellin g unit: one detached ADU, one attached ADU, and one JADU.
C. Lot with existing multifamily dwellings:
1. Up to eight detached ADUs, but shall be limited to the number of existing multifamily dwelling units on the lot;
2. At least one ADU converted from non -habitable portions of the existing primary structure that are not within the living space of a dwelling unit (e.g., basement, attic, garages, storage room) or the non-residential portions of a mixed-use building. The maximum number of ADUs shall not exceed 25 per cent of the total number of existing dwelling units on the lot; and
3. One additional attached or detached ADU subject to the development standards provided in this Chapter.
D. Lot with a proposed multifamily dwelling unit: up to two detached ADUs and o ne additional attached or detached ADU subject to the development standards provided in this Chapter.
E. Lot with religious institution: up to three ADUs, subject to the following exceptions:
1. When a lot contains a religious institution and a single -family and/or mult ifamily dwelling, the maximum number of ADU(s) permitted shall be associated with only one of the uses, whichever permits more.
2. When a religious institution occupies multiple lots, only one of these lots shall be eligible for the ADU(s).
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22.43.040. Unit size.
A. Minimum size. An ADU/JADU shall be a minimum of 150 square feet or the size necessary to accommodate an efficiency unit as defined by California Health and Safety Code Section 17958.1, whichever is greater.
B. Maximum size.
1. ADU. The total floor area of an attached or detached ADU shall not exceed 1,200 square feet, excluding any garage area. Non-State Exempt ADUs shall have a floor area smaller than the primary dwelling. In no case shall an ADU attached to the primary dwelling exceed 50 percent of the existing primary dwelling square footage, except a State Exempt ADU shall be permitted.
2. JADU. The total floor area of a JADU shall not be more than 500 square feet of interior living space, excluding any shared sanitation facility within the primary dwelling structure.
C. Conversion restrictions. A JADU created entirely through conversion of an existing permitted structure is allowed a physical addition of no more than 150 square feet and shall be limited to accommodating ingress and egress, subject to all other a pplicable provisions of this Chapter. The conversion of an existing permitted accessory structure or a portion of an existing primary structure to an ADU is not subject to unit size requirements.
D. Lot coverage and floor area ratio. Newly constructed ADUs sh all be exempt from the maximum lot coverage or floor area ratio allowed in the zoning or overlay district.
22.43.050. Setbacks.
A. Front. Both attached and detached Non -State Exempt ADUs shall be subject to the same front setback requirements as the primary dwelling.
B. Side. A setback of no less than four feet from the side lot line shall be required for either an attached or detached ADU.
C. Rear. A setback of no less than four feet from the rear lot line shall be required for either an attached or detached ADU.
D. Expansion of converted existing structures. The first floor of an existing permitted structure which has setbacks of less than four feet and is planned for conversion into an ADU can be expanded, so long as the expansion does not result in additional encroachment into the required setbacks.
E. Architectural features. Architectural features including sills, eave overhangs, awnings, and cornices may extend into a required setback or space between buildings not more than 18 inches.
22.43.055. Sight Distance.
Both attached and detached ADUs shall not encroach within the sight distance area, as established by the California Department of Transportation Highway Design Manual, Chapter 400, Section 405, to protect the health and safety of the public. 298
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22.43.060. Building separation.
A. Non-State Exempt ADU. For any detached ADU which does not qualify as a State Exemption ADU, the distance between the ADU and any other structures shall be at least five feet.
B. State Exempt ADU. Detached ADUs located closer than five feet to any other structures without an automatic residential fire sprinkler system shall be subject to a minimum of one-hour fire-resistance rating and shall comply with all California Building Code and California Fire Code fire-rating requirements.
22.43.070. Height.
Building height shall be measured as the vertical distance from any point on the natural grade, to the topmost point of the building immediately above.
A. Detached ADU.
1. New construction. A maximum height of 18 feet for a new detached ADU shall be permitted. An additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit shall also be permitted.
2. Addition to an existing detached structure. An ADU which results in an addition to an existing detached structure that is not the primary dwelling shall have a maximum height of 25 feet or the height limitation associated with the primary dwelling, whichever is lower.
B. Attached ADU. A maximum height of 25 feet or the height limitation associated with the primary dwelling, whichever is lower, shall be permitted for an ADU that is attached to a primary dwelling.
22.43.080. Parking.
A. Minimum parking. A minimum of one independently usable off -street parking space shall be provided for each ADU , which shall be provided in addition to the required parking for the primary residential dwelling(s), except as outlined in Subsections C and D. No parking is required for a JADU.
B. Parking design. This space need not be covered, and shall comply with all development standards set forth in Chapter 22.36 (Off-Street Parking and Loading Facilities), except the space may be compact and/or uncovered. A tandem parking space may also be used to meet the parking requirement for an ADU, providing such space will not encumber access to a required parking space for the primary single-family dwelling.
C. Replacement parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU or JADU, no parking rep lacement spaces for the primary residence shall be required. Any other required off-street parking spaces shall be maintained for the primary residence, and may be located in any configuration on the same lot as the ADU, including, but not limited to, as c overed spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the building permit application for the accessory dwelling unit and issued at the same time. The applicant 299
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is not required to provide written notice or post a placard for the demolition of a detached garage, that is to be replaced with an accessory dwelling unit, unless the property is located within the Historic Overlay District or another architecturally and historically significant historic district.
D. Parking exceptions. Off -street parking shall not be required for an ADU in any of the following instances:
1. The ADU has no bedroom (such as a studio unit or efficiency unit).
2. The ADU is located within one-half mile walking distance of public transit, including various means of transportation that charge set fees, run on fixed schedules, and are available to the public.
3. The ADU is located within the Historic Overlay District or another architecturally and historically significant historic district.
4. The ADU is part of the proposed or existing primary dwelling or an accessory structure.
5. When on-street parking permits are required but not offered t o the occupant of the ADU.
6. When there is a designated pick-up or drop-off location for car share vehicles located within one block of the ADU.
7. The ADU is consistent with affordability requirements outlined in Section 22.43.140.
8. When a building permit application for an ADU is submitted with a building permit application to create a new single -family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed under these parking exceptions.
22.43.090. Design standards.
The following design standards shall apply to all Non-State Exempt ADUs:
A. Aesthetics. The design of the ADU and/or JADU shall be as follows:
1. For a detached ADU, the exterior materials and design shall match the design of any existing primary unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch. The Community and Economic Development Director, Planning Manager, or designee may determine without the requirement for a public hearing or a public review process that similar materials and design substantially comply with this requirement.
2. For an attached ADU, the exterior materials, windows, and other a rchitectural features shall match the existing structure by employing the same building form, exterior wall materials, color tones, window design, door and window trims, roofing materials and roof pitch. The Community and Economic Development Director, Planning Manager, or designee may determine without the requirement for a public 300
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hearing or a public review process that similar materials, windows, or other architectural features substantially comply with this requirement.
B. Lighting. Exterior building lighti ng shall be fully shielded and downward -facing and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code.
C. Utility connections. All electrical and utility services to a new dwelling unit shall be undergrounded.
22.43.100. Ingress and egress.
A. ADUs and JADUs shall have an independently accessible entrance that does not require passage through the primary residence.
B. With the exception of JADUs that do not include separate sanitation facilities, attached ADUs shall not be allowed a connecting doorway or other permanent ingress or egress between the primary dwelling and the ADU.
C. A JADU created entirely through conversion of an existing permitted structure is allowed a physical add ition of no more than 150 square feet and shall be limited to accommodating ingress and egress consistent with the remainder of this Chapter.
22.43.110. Privacy.
The following privacy standards shall apply to all Non-State Exempt ADUs:
A. Windows. ADUs that d o not meet the setback requirements that would apply to a primary dwelling in the same district shall require windows on the second story or above that face neighboring property lines to:
1. Be clerestory with a minimum sill height of six feet above the subje ct interior floor elevation; or
2. Have frosted or opaque glass and not be operable except as required for an ingress/egress requirement pursuant to the California Residential Code.
B. Balconies and decks. Balconies and decks attached to ADUs shall comply with t he setback requirements that apply to a primary dwelling in the same district.
22.43.120. General requirements.
A. Compliance with building codes. All ADUs and JADUs shall comply with all applicable requirements of the building code as adopted and enforced at time of submitting a complete application. In cases where an ADU or JADU is to be created through the reconfiguration of a portion of an existing single -family dwelling, both the secondary and primary dwelling shall be upgraded to comply with such buildin g code requirements, which include but is not limited to noise separation between units sharing common walls, emergency egress and heating/ventilation requirements, as required by the Chief Building Official or designee.
B. Final Building Permit. A Final Building Permit for an ADU/JADU shall not be permitted before a Final Building Permit is issued for the respective primary dwelling, unless the ADU is constructed in a county that is subject to a proclamation of a state of emergency 301
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made by the Governor on or after February 1, 2025, if the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency, and the ADU has been issued construction permits and passed all required inspections.
C. Permanent foundation. A permanent foundation shall be required for all attached and detached ADUs and for any ADU or JADU created entirely through conversion to the existing structure with a physical addition.
D. Public utilities and services. ADUs shall be served by public water and sewer and shall have access to an improved public street.
E. Required facilities. With the exception of JADUs, all attached or detached ADUs must include:
1. Independent facilities for living, sleeping, cooking, and sanitation.
2. A kitchen area containing a refrigerator, sink, and permanently installed cooking appliance, which must include at least a fixed stovetop.
3. A fully plumbed bathroom including sink, shower, and toilet.
4. If a permitted JADU does not include a separate bathroom, the JADU must include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
F. Fire sprinklers. All newly constructed or converted ADUs are required to have automatic residential fire sprinklers consistent with California Residential Code Sect ion R313.2, unless the existing primary structure was constructed prior to the requirement for automatic residential sprinkler system. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
G. Windows. Detached ADUs with a wall(s) located closer than five feet to a primary dwelling shall not include any openings such as windows or doors on the subject wall(s).
H. Occupancy. ADUs and JADUs may be rented separately from th e primary dwelling .
Dwellings with ADUs do not require owner occupancy of either the primary dwelling or ADU. Dwellings with JADUs require owner occupancy of either the primary dwelling or the JADU if the JADU has shared sanitation facilities with the exis ting structure, but shall not be required if the JADU has separate sanitation facilities or the owner is another governmental agency, land trust, or housing organization. No ADU or JADU shall be rented for a period of less than 31 days and cannot be occupi ed as a short - term rental unit.
I. Conveyance. ADUs may be separately conveyed as condominiums under the following requirements.
1. Non-Profit Conveyance: The involvement of qualified nonprofit housing organizations consistent with California Government Code Section 66341.
2. Private Conveyance: An ADU may be conveyed separately from a primary dwelling via a private transaction with implementation of a condominium plan. The conveyance of the ADU shall also comply with Government Code Section 66341, 302
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the Subdivision M ap Act (Division 2 (commencing with Section 66410)), and all objective requirements of Martinez Municipal Code Title 21.
J. Common sanitation facilities. JADUs are permitted to have common sanitation facilities with the primary dwelling. Any JADU with common sanitation facilities shall have interior access to the primary dwelling.
K. Protected trees. Where an ADU is proposed within the dripline of a protected tree, as defined in Section 8.08.044, an arborist report prepared by a licensed arborist shall be required and all ensuing recommendations shall be followed.
L. Hillside properties. For areas with slopes greater than 30 percent, the preparation of a geotechnical investigation report shall be required and all ensuing recommendations shall be followed.
22.43.130. Exceptions.
A. Exceptions may be granted. The Zoning Administrator may grant an exception to height, size, setback, sight distance, building separation, parking, ingress and egress, privacy, and design standards consistent with the procedures set forth in Chapter 22.45 (Exceptions):
B. Limitations of this section. Consistent with California Government Code Section 66323, this Section shall not preclude or impede the development of any State Exempt ADU and in compliance with all other local development standards.
22.43.140. ADU bonus program.
A. Applicability. Applicants that are proposing to deed -restrict an ADU to the following affordability levels are eligible for the bonuses described below:
1. Moderate-Income, deed-restricted: Provide affordability between 80 to 120 percent of area median income with affordability restrictions in place for 55 years.
2. Lower-Income, deed-restricted: Provide affordability at less than 80 percent of area median income with affordability restrictions in place for 35 years.
B. Bonuses. The Community and Economic Development Director, Planning Manager, or designee shall approve the following exceptions:
1. For ADU(s) consistent with the affordability requirements outlined in subsection A:
a. If the project is located in within a Transit Priority Area, defined by California Public Resources Code Section 21099(a)(7) as an area within one-half mile of a major transit stop that is existing or planned, the applicant shall be allowed one additional unrestricted ADU for every deed-restricted ADU with no limits so long as the respective amount of deed-restricted ADUs is provided, subject to space limitations and compliance with other standards and requirements of this chapter. b. If the project is not located within a Transit Priority Area, the limit shall be one additional unrestricted ADU, for a maximum of four ADUs.
2. Waiver from another development standard listed in this chapter that would otherwise make development of a deed-restricted ADU infeasible. 303
URGENCY ORDINANCE NO. ____
C. Requirements. Property owners shall work with the City and H ousing Authority of the County of Contra Costa (HACCC) to establish an affordable housing program, which at a minimum shall establish tenant eligibility, income verification and reporting requirements, and procedures for when a tenant's income raise beyond income limits.
22.43.150. Application requirements.
An application for an ADU or JADU shall be allowed with a building permit. In addition to the normal building permit submittal requirements, a completed application must include, at a minimum:
A. Site plan.
1. Drawn to scale.
2. Dimensions of the perimeter of parcel on which the proposed dwelling will be located.
3. Indicate the location and dimensioned setbacks of all existing, proposed, and adjacent structures abutting the project site.
4. Data on the floor space of the existing structure(s) and proposed unit.
5. All easements, building envelopes, and special requirements of the subdivision as shown on the final map and improvement plans shall be included.
6. Provide average slope calculations for the project site.
7. Calculations indicating the square footage of the structure and the lot, including calculations on the plan for the percentage of lot area covered by the foundation of the existing and proposed dwelling units.
B. Floor plans.
1. Each floor and room shall be dimensioned, and the resulting floor area calculation included.
2. The use of each room shall be identified.
3. The size and location of all windows and doors shall be clearly depicted.
C. Elevation views.
1. Provide north, south, east, and west elevations.
2. Show all heights for al l existing and proposed structures on site. Height shall be calculated as the vertical distance of a building at any point, within a given plane, from finished grade to the top of the roof or parapet walls.
3. Show all openings, exterior finishes, original an d finish grades, stepped footing outline, roof pitch, and materials.
4. For ADUs and/or JADUs that include modifications to the exterior of the primary structure or new construction, provide elevations showing all openings, exterior 304
URGENCY ORDINANCE NO. ____
finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing primary structure and the proposed unit.
22.43.160. Review and approval authority.
A. Application to be administratively approved. All ADUs and JADUs require a buildin g permit. The building permit will be reviewed for compliance with applicable building codes, California Government Code Sections 66310 through 66342, and development and design standards from this Section. If an application to create an ADU or JADU is submitted as part of a project that requires discretionary review, a Building Permit shall not be issued for the ADU or JADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired.
B. Approval of preapproved ADU. The City shall approve or deny an application for an ADU ministerially within 30 days if the proposed ADU plans utilize either preapproved project plans provided on the City's website or if the plans are identical to a separate and previously approved application.
C. Approval of unit does not permit land division. Approval of an ADU or JADU shall not be deemed to be a division of land for purposes of California Government Code Section 66410 et seq. or Title 21 of the Municipal Code, nor shall the administrati ve approval above entitle the applicant to either: (a) such a division of land; or (b) to have each of the dwelling units on the parcel separately assessed for property tax purposes.
22.43.170. Amnesty for unpermitted ADUs and JADUs.
See Chapter 15.55 (Residential Amnesty Program for Unpermitted Dwelling Units) for regulations related to legalizing unpermitted dwelling units.
22.43.180. Successor provisions.
All references to State statutes include successor provisions.
SECTION V: IMPLEMENTATION
Chapter 22.45 (Exceptions) of the MMC is hereby amended to modify Section 22.45.020 (Applicability) to clarify exceptions for ADUs as follows:
22.45.020 Applicability.
D. Minor Exceptions. A minor exception to the development standards listed in Table
22.45.020(A) shall be approved if the Community and Economic Development Director, Planning Manager, or designee can make the findings identified in Section 22.45.040A.
If a minor exception is requested as part of another planning application, then the minor exception will be considered by the review authority reviewing the planning application in question.
Table 22.45.020(A) – Minor Exceptions
Type of Exception Maximum Deviation Permitted with Minor Exception 305
URGENCY ORDINANCE NO. ____
Building Height Up to a maximum of five feet above the existing limitation, as measured from the base flood elevation for primary
structures and up to two feet for accessory structures
Fence or wall height Up to a maximum of two feet above the existing limitation, and all portions of fence or wall taller than six feet must be lattice or similar open style of material
Required setbacks Up to a maximum of 10 feet or 25% of the normally required setback, whichever is less
Floor area ratio (“FAR”) Up to a maximum of 0.1 FAR or 500 square feet above the existing limitation, whichever is greater
Lot coverage Up to a maximum of 10% or 500 square feet above the existing limitation, whichever is greater
Distance between structures Up to a maximum of zero feet separation between structures on the same lot
Lot size Up to a maximum of 10% below the existing requirement Lot width or depth Up to a maximum of 10% below the existing requirement Sign Size Up to a maximum of 20% above the existing limitation Accessory Dwelling Units Exceptions to height, size, setback, sight distance, building separation, parking, ingress and egress, privacy, and design standards, consistent with this Chapter and Section
22.43.130 (Exceptions).
E. Major Exceptions. An exception beyond the maximum permitted deviations listed in Table 22.45 .020(A) may be permitted through participation in the Development Incentives and Community Benefits Program, pursuant to the regulations found in Chapter 22.81 (Development Incentives and Community Benefits Program). A major exception, beyond what is permi tted by the Development Incentives and Community Benefits Program, may be approved by the Planning Commission or Zoning Administrator if the project participates in the Development Incentives and Community Benefits Program and if the Planning Commission or Zoning Administrator can make the findings identified in both Sections 22.45.040A and B.
SECTION VI. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this urgency ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or 306
URGENCY ORDINANCE NO. ____
phrases of this urgency ordinance, or its application to any other person or circumstance. The City Council of the City of Martinez hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
SECTION VII. EFFECTIVE DATE
This urgency ordinance shall become effective immediately upon its adoption.
SECTION VIII. PUBLICATION
Upon adoption of this Urgency Ordinance by no less than four -fifths (4/5) vote of the City Council, the Mayor shall sign and the City Clerk shall attest to the passage of this Urgency Ordinance. Within fifteen days after adoption, the City Clerk shall publish a summary of this Urgency Ordinance with the names of those City Councilmembers voting for and against the Urgency Ordinance in a newspaper of general circulation published and circulated in Martinez.
Within fifteen days after adoption, the City Clerk shall publish a summary of this urgency ordinance with the names of those City Councilmembers voting for or against the urgency ordinance in a newspaper of general circulation published and circulated in the City of Martinez.
APPROVED: ___________________________
Brianne Zorn, Mayor
ATTEST: __________________________
Kat Galileo, City Clerk
* * * * *
I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly passed and adopted at a regular meeting of the City Council of the City of Martinez, held on the 18th day of March, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
KAT GALILEO, CITY CLERK
307
URGENCY ORDINANCE NO. ____
CITY OF MARTINEZ
Approved as to form:
__________________________
Teresa L. Highsmith, City Attorney
308
Public Comment for City Council
To submit comments to the City Council please complete the form details below.
Your comments will be initially received by the City Clerk, who will prepare and forward each comment to the City Council for review and consideration.
Comments must be submitted by 12pm the day of the meeting.
For assistance or questions, please contact the City Clerk's Office at (925) 372-3512. * Name
Cathie Justus
Company/Organization (If Applicable)
**SKIPPED**
Meeting schedules and agendas are available here: www.cityofmartinez.org/government/meetings-and-agendas * City Council Meeting Date
03/18/2026 12:00 AM
* Agenda Item # or Topic
1 * Comments
It is now March and we have not heard the results of the survey that was supposed to be ready by January. Right now on y court which is Glacier Court, we have 9 cars parked on our court of which all 9 people are playing pickleball. This is getting out of hand and the players are not abiding by the signs or the rules of the courts. Please let me know the results of the survey and also how you are going to control this parking on our court. Thank you Additional Comments
**SKIPPED**
Page | 1
Outlook
Hidden Valley Pickleball Courts
From Sarah Sinisi <[email protected]>
Date Sat 3/14/2026 4:33 PM
To CityClerk <[email protected]>
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I would like to submit a public comment in the event I am unable to log into the meeting on Wednesday.
As a homeowner who lives very close to the courts, I continue to experience the disturbing and disruptive noise coming from the pickleball courts.
While there has been some relief from the changes to playing days and hours, the courts remain a nuisance. Parking continues to be an issue, and the noise itself is especially difficult because it echoes. As if the sound from the courts were not enough on its own, we end up hearing every pop and every yell twice. People also continue to jump the fence and play on off days, leaving nearby residents in the position of having to police the courts ourselves. When the police are called, response times are understandably slow, as there are clearly other calls that take priority. It is frustrating, and honestly embarrassing, to have to keep calling, but I will continue to fight to get some peace back in my home.
The public comments on social media have also been disheartening. Many of them are negative toward the homeowners, with people suggesting that we should move or that we should not have chosen to live next to a park. The reality is, when I moved here 12 years ago, this park was not what it is today.
Reading the latest staff report provided some validation that nearby residents are not exaggerating, complaining without reason, or making these impacts up. I hope the City will hold itself responsible and accountable for the chaos this project has created. I also hope the City will take equal responsibility for remedying the situation and supporting the residents and taxpayers who are being affected by it and move the courts to a more suitable location.
Sarah Sinisi
Outlook
Hidden Valley Sport Courts – Pickleball. Back to Tennis Centric From Max DuNova <[email protected]>
Date Mon 3/16/2026 8:02 AM
To CityClerk <[email protected]>
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Hello Martinez City Clerk,
I would like to put in a thought that tennis has been an unnecessary victim due to the pickleball craze. The tennis court has been my go to court to play at for many years since my family first moved here in 2006.
There were never any problems with the surrounding community when just tennis was involved, now that the court is only one and has restricted hours it saddens me that I can’t utilize the wonderful area in which I have so many fond memories of and that brings me so much joy.
If we could please open up the tennis court during normal hours, continue making that area tennis centric, and ban all pickleball play on the court I think that would be a great resolution to the situation and would be much appreciated by the local neighborhood and local tennis community. I've talked to many folks around that area and this opinion isn't just mine but seems to be the overarching consensus. I won't be able to make the city council meeting due to another commitment I have, but I would appreciate it if my opinion is shared at the meeting.
Best,
Max
Public Comment for City Council
To submit comments to the City Council please complete the form details below.
Your comments will be initially received by the City Clerk, who will prepare and forward each comment to the City Council for review and consideration.
Comments must be submitted by 12pm the day of the meeting.
For assistance or questions, please contact the City Clerk's Office at (925) 372-3512. * Name
Steve MacDonald
Company/Organization (If Applicable)
**SKIPPED**
Meeting schedules and agendas are available here: www.cityofmartinez.org/government/meetings-and-agendas * City Council Meeting Date
03/18/2026 12:00 AM
* Agenda Item # or Topic
13 * Comments
Hidden Valley Pickleball Courts total closure, is in fact, a 1.7 million dollar, City of Martinez, FAILURE. Who's held accountable for this blunder, the tax payers? "Over the past year, the City has made numerous efforts to address neighborhood concerns" Correct, neighbors concerns, but not the opposite side of that coin, nothing has been done to even try to mitigate the problem for the PB players concern. We went from 84 hours of play, to 16 hours of play, that's called compromise on the PB players side. The City of Martinez has made NO effort to compromise the situation. The last meeting we suggested removing the green sound proofing on the west side, that all residents agree makes the noise worse. Of course it does, it's the TOTAL WRONG material needed for sound mitigation. What you have there is sound ricochet material not sound ABSORBING material, another $3k-5k blunder by the City of Martinez. Who is held accountable for that? The bottom-line is you, The City of Martinez, have buckled to one man's crusade to close these courts, Jason Garry. This man complains everyday, makes false allegations of parking problems and anything he can think up. You've rendered ALL that property the Pickleball courts are on, USELESS to the citizens of Martinez. Who's taking accountability for that? Are you going to use our tax dollars to fix your problem? So you have a decision, find compromise, yeah some noise to deal with, but it can't be all one-sided, which it is. Without compromise you and you alone have created a 1.7 MILLION dollar FAILURE and voters will not forget that, I promise you that. Suggestion; current hours, but reduce all day Wednesday, to 8am-1pm, there's another 7 hours of reduction. That gives evening play to Tuesday night only 1-8pm. Better than nothing! Additional Comments
**SKIPPED**
Page | 1
Public Comment for City Council
To submit comments to the City Council please complete the form details below.
Your comments will be initially received by the City Clerk, who will prepare and forward each comment to the City Council for review and consideration.
Comments must be submitted by 12pm the day of the meeting.
For assistance or questions, please contact the City Clerk's Office at (925) 372-3512. * Name
Jason Garry
Company/Organization (If Applicable)
**SKIPPED**
Meeting schedules and agendas are available here: www.cityofmartinez.org/government/meetings-and-agendas * City Council Meeting Date
03/18/2026 7:00 PM
* Agenda Item # or Topic
13 * Comments
Dear Mayor Zorn, Vice Mayor Malhi, and City Councilmembers, The City’s continued operation of the Hidden Valley Pickleball Courts is a knowing and indefensible failure of leadership. For over a year, you have had clear, repeated notice of ongoing violations, safety hazards, and substantial harm to adjacent residents—and yet you have chosen to do nothing meaningful to stop it. Since February 28, 2025, nearby homeowners have endured relentless after-hours activity, trespassing, blocked emergency access, dangerous overcrowding, excessive impulsive noise, and escalating confrontations requiring police response. These are not isolated issues; they are the direct and predictable result of placing a high-impact facility next to homes and refusing to control it. You cannot claim ignorance. Complaints, police reports, and public testimony have documented these conditions in detail. The September resolution has proven ineffective, and unenforced restrictions are meaningless. Continuing to operate this facility despite overwhelming evidence of harm is not oversight—it is willful disregard for the residents you are elected to protect. This situation is not fixable through half- measures. The facility is fundamentally incompatible with its location. Each day it remains open prolongs the disruption and increases the City’s legal exposure for maintaining a known nuisance. Residents have reached their limit. We demand: • Immediate closure of the Hidden Valley Pickleball Courts; and • Permanent prohibition of pickleball activity at this location. Anything less is a continuation of the same failure that has already gone on far too long. Pass tonight’s resolution. Homeowners have endured 13 months of unnecessary and avoidable harm. It is important to acknowledge our rights to enjoyment of property. These pickleball courts completely infringe upon our rights. Pass this resolution tonight. Sincerely, Jason Garry Homeowner, Lakeside Court Additional Comments
**SKIPPED**
Page | 1
Public Comment for City Council
To submit comments to the City Council please complete the form details below.
Your comments will be initially received by the City Clerk, who will prepare and forward each comment to the City Council for review and consideration.
Comments must be submitted by 12pm the day of the meeting.
For assistance or questions, please contact the City Clerk's Office at (925) 372-3512. * Name
Jason Garry
Company/Organization (If Applicable)
**SKIPPED**
Meeting schedules and agendas are available here: www.cityofmartinez.org/government/meetings-and-agendas * City Council Meeting Date
03/18/2026 7:00 PM
* Agenda Item # or Topic
13 * Comments
Dear Mayor Zorn, Vice Mayor Malhi, and Councilmembers, The City’s continued operation of the Hidden Valley Pickleball Courts is reckless, indefensible, and deeply disrespectful to the residents forced to live beside it. For over a year, City officials have had repeated, documented knowledge of violations, safety hazards, and substantial harm to adjacent homeowners. Yet the courts remain open. This is not oversight—it is a conscious decision to allow a known problem to continue. Since February 28, 2025, residents have endured chronic after-hours activity, fence-jumping and trespass, blocked residential and emergency access, overcrowding, excessive impulsive noise, confrontations, and repeated police response. These are not isolated incidents—they are the predictable result of placing a high-impact recreational facility directly beside private homes and failing to control it. City leadership cannot claim lack of notice. Complaints, police reports, written correspondence, and public testimony have repeatedly documented these conditions. Despite this, the nuisance continues unchecked, reflecting a clear disregard for residents’ rights, safety, and well-being. The September resolution has failed. Restrictions without enforcement are meaningless. Incremental measures have not worked and will not work. The problem is structural: this facility is improperly sited and fundamentally incompatible with the neighborhood. The City has a legal obligation to abate known nuisance and dangerous conditions. That obligation is being ignored. Each additional day the courts remain open prolongs the disruption and compounds the harm. Residents will not continue to tolerate this. We demand immediate closure of the Hidden Valley Pickleball Courts and a permanent prohibition of pickleball at this location. Anything less will fail to resolve the ongoing harm. Please pass tonight’s resolution as homeowners have waited long enough. Sincerely, Jason Garry Homeowner, Lakeside Court Additional Comments
This is an issue of property owners rights being infringed upon. Pickleball is a complete nuisance and an unreasonable sound so close to homes. Please pass tonights Resolution and give homeowners their peace and rights back.
Page | 1
Public Comment for City Council
To submit comments to the City Council please complete the form details below.
Your comments will be initially received by the City Clerk, who will prepare and forward each comment to the City Council for review and consideration.
Comments must be submitted by 12pm the day of the meeting.
For assistance or questions, please contact the City Clerk's Office at (925) 372-3512. * Name
David D
Company/Organization (If Applicable)
**SKIPPED**
Meeting schedules and agendas are available here: www.cityofmartinez.org/government/meetings-and-agendas * City Council Meeting Date
03/18/2026 12:00 AM
* Agenda Item # or Topic
13 * Comments
I am a resident of Martinez who lives close to the pickleball courts. Since the renovation there has been a large increase in noise/traffic/crowds in and around my neighborhood. I urge the city council to consider reducing the open hours for the courts. It has improved since the new hours have been established but I feel a further reduction is warranted.
Additional Comments
**SKIPPED**
Page | 1
Outlook
Hidden Lakes Pickleball - Agenda Item March 18
From Eric Tate <[email protected]>
Date Wed 3/18/2026 12:18 AM
To CityClerk <[email protected]>
Cc Brianne Zorn <[email protected]>; Greg Young <[email protected]>; Jay Howard <[email protected]>; Satinder S. Malhi <[email protected]>; Debbie McKillop <[email protected]>
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Letter to Martinez City Council
Addressing Pickleball Noise Concerns at Hidden Lakes Pickleball Courts Martinez City Council
525 Henrietta Street
Martinez, CA 94553
Dear Members of the Martinez City Council,
I am writing to you about the ongoing noise concerns associated with the Hidden Lakes Pickleball courts. As both a passionate pickleball player and an advocate for community harmony, I would like to share my background in pickleball and offer constructive solutions to help address the complaints raised by local residents.
My Pickleball Background
As the USA Pickleball Ambassador for Concord, CA, I have been deeply committed to growing the local pickleball community and fostering a welcoming environment for both new and seasoned players. Since 2016, I have organized and run scheduled play sessions at Willow Pass Park, ensuring that players have consistent opportunities to enjoy the sport. For nearly a decade, I have rented courts from the City of Concord—specifically, 10 courts on Tuesdays, 12 courts on Wednesdays, and 10 courts on Thursdays—providing structured, reliable access for pickleball enthusiasts throughout the region. My dedication to the sport and to the Concord community continues to drive my efforts to promote pickleball and support its ongoing success.
I began playing pickleball at the Hidden Lakes Courts in about 2014, on the two tennis courts with pickleball lines and temporary nets, at the time it was the only place to play in the evening for someone that worked during the day. I enjoy playing both recreationally and competitively. My experience spans a variety of local leagues, tournaments, and community events. I have also served as a volunteer coach, helping newcomers learn the game, and have collaborated with fellow enthusiasts to promote a positive playing environment. Through my involvement, I have developed a deep respect for both the sport and the neighborhoods that host our courts.
Understanding the Noise Issue
I am aware that pickleball, with its distinctive paddle and ball sounds, can be disruptive to those living nearby, especially when games are played early in the morning or late into the evening. I take these concerns seriously and believe it is important to find a balance between supporting active recreation and preserving the peace for Martinez residents.
Proposed Solution
I understand that I am involving myself extremely late in this process, but I always assumed that there would be a reasonable solution achieved by all concerned parties. I would like to suggest that the pickleball paddle and ball noise can be eliminated by requiring quiet equipment and the parking can be managed with scheduled, organized play. By providing an onsite organizer to enforce equipment, sportsmanship and proper pickleball etiquette most of the issues will be resolved immediately. It is hard to keep the excitement level down after a great rally but making players aware of their surroundings can help. I would like to work with the City and the neighbors to have some trial sessions as described:
· Quiet equipment supplied for all participants, requiring the use of quieter paddles and balls, which significantly reduce noise levels.
· Limiting the number of players: Starting with only 16 players and expanding to a maximum of 32 so that there are not players waiting and having conversations closer to homes. · Enforce sportsmanship, kindness, and respect. Players that are rude, loud, or obnoxious will not be welcome.
· Enforce parking requirements: Work with the City and neighborhood to identify appropriate parking areas for the scheduled time of day.
· Education: Start each session with a reminder about noise etiquette and educate players about respectful play to help maintain a quieter atmosphere.
My Commitment to the Community
I am eager to work alongside the City Council, court users, and residents to develop and implement these strategies. My experience in pickleball gives me insight into both the needs of players and the importance of maintaining neighborhood tranquility. I would welcome the opportunity to participate in future discussions or committees focused on this issue.
Thank you for considering my perspective and suggestions. I am confident that, together, we can ensure the Hidden Lakes Pickleball courts remain a valuable community asset while respecting the needs of all Martinez residents.
Sincerely,
Eric Tate
5605 Bettencourt Dr. Clayton, CA
[email protected]
(925) 852-1086 Mobile
1 Kat Galileo
From: Pete Sciarretta <[email protected]>
Sent: Wednesday, March 18, 2026 11:41 AM
To: CityClerk
Subject: Pickleball
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Please keep
The public pickleball courts open ! Pickleball is the fastest growing sport in America. It provides a healthy acƟvity, fresh air, for players of all ages.
The city of MarƟnez has spent so much money (1.7M) to build these courts. It would be a waste to close them.
When I play at MarƟnez , I frequently stop by and have lunch there and do addiƟonal shopping. It’s a win/win for MarƟnez
Please keep the courts open or at the very least make a compromise.
Thank you
Pete SciarreƩa
Benicia
Sent from my iPhone
1 Kat Galileo
From: Kris <[email protected]>
Sent: Wednesday, March 18, 2026 11:33 AM
To: CityClerk; Brianne Zorn
Subject: Hidden Valley Sports Courts
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3/18/2026
To: Mayor Zorn, Vice Mayor Howard and the City Council,
I am wriƟng to you to encourage keeping the pickleball courts at Hidden Valley. I have aƩended the meeƟngs and been surprised how decisions have been made. I have not seen informaƟon from a sound study for these courts. Was a company hired and did the public get the informaƟonal report? I had spoken to Debbie MarƟnez from the RecreaƟon Department 9/22/25, about sound products that were never menƟoned at your meeƟngs. I tried sending her email the informaƟon about Soundproof acousƟc fencing. This product would greatly help these courts and the neighbors. Did she bring it to your aƩenƟon?
Johnson Rancho in Roseville has many more courts and homes close by and has this product in their fencing, Accoustafencing/Accoustablock which drasƟcally changes the sound. Did any of you travel there to experience this product? Did your sound engineers ever talk to the city about these products? John Dara the Facility Manager installed these. Try talking to him, 916-782-2600.
The city of MarƟnez was advised before starƟng these new courts to build in a different locaƟon. You did not heed the warning from the experienced players that live in MarƟnez, Karen Siemson and Carolyn Daniels. We all knew them and played with them at Hidden Valley for years.
You, the city, also made a decision to put the pickleball courts up front at this locaƟon because one household objected.
If you had kept them at the back of this locaƟon, the sounds would have been less objecƟonable and more easily fixed with sound proof barriers.
Up front near all the homes, was your bad decision, to help one person.
At the meeƟng in September 2025, you decided what hours to use for these courts. You did not ask the players what hours are you usually playing? You decided to use later hours when residents are home from work. Almost every pickleball facility is busy in the mornings, empty in aŌernoons, busy in the evenings if they have lights. You could have stopped play at 6 pm, but did not.
I see the Vice Mayor has construcƟon experience, did he give his experƟse to this project? Puƫng up one green wind screen which was NOT a sound screen only made the situaƟon worse for the residents, as it pushed the noise toward their homes! Who decided on one lousy screen! The City obviously got zero advice when they did this.
These beauƟful courts were built with care and knowledge of safety for players. If only the City had used the same amount of care in planning this project for their residents.
2 So much can sƟll be done to remedy this project! Fundraising can be done to pay for soundproofing, hours can be changed to help too. The city has done zero to mange this beauƟful faculty, why? What did you expect would happen without oversight?
Do not close this facility, you have not done your jobs.
I’ve been playing since 2012, helped raise funds to have courts built in Walnut Creek, ran the club there for years, without any problems from neighbors nearby. I’ve helped other ciƟes get courts built and advised other clubs. I’ve played at Hidden Valley for years and years. I’ve never seen a sadder situaƟon than this.
Sincerely,
Kris Hunter
USA Pickleball Ambassador
925-998-4743
Sent from my iPad
C I T Y O F M A R T I N EZ1
Pickleball Use Update and Recommendation
City Council
March 18, 2026
C I T Y O F M A R T I N EZ2
• Provide background on pickleball use
at Hidden Valley Sport Courts
• Summarize neighborhood feedback
and operational experience
• Share staff recommendation and
next steps
Purpose of Presentation
C I T Y O F M A R T I N EZ3
• Hidden Valley pickleball
courts opened in late
February 2025 drawing
local and regional visitors
to the neighborhood.
• Funded predominantly
through one-time
federal grant during COVID-
era.
Background
C I T Y O F M A R T I N EZ4
• Persistent pickleball paddle and ball noise
• Increases in traffic and on-street parking
congestion
• Noise from player gatherings and
extended play periods
• General impacts to quality of life to a
residential area.
Background
C I T Y O F M A R T I N EZ5
• The renovation expanded the site from 2 tennis courts to 8 pickleball courts • Courts located within 50–100 feet of residential homes • Courts were constructed with partial sound blankets on the Redwood Drive side Site Context
C I T Y O F M A R T I N EZ6
• Avoiding courts adjacent
to two-story homes
• Requiring 300–600+ ft setback
from residential areas
Emerging Planning Standards
C I T Y O F M A R T I N EZ7
Adopted as of September 2025
• Sunday: 9:00 a.m. to 1:00 p.m.
• Tuesday: 4:00 p.m. to 8:00 p.m.
• Wednesday: 8:00 a.m. to 8:00 p.m.
Current Hours
*Revised from 7 days a week
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Current Signage
C I T Y O F M A R T I N EZ9
Actions Taken to Address Impacts
• Two trial periods with revised operating hours
• Installation of court signage and parking
advisories
• Volunteer Pickleball Ambassador Program
• Ongoing site monitoring by staff
• Evaluation of security camera feasibility
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Actions Taken to Address Impacts
• Engagement with the public and Parks,
Recreation, Marina & Arts Commission
• Significant community input on
potential noise mitigation options
• Engineering Division evaluated
multiple new sound barrier solutions,
all with a high cost
• Independent acoustical expert
engaged to assess feasibility of
mitigation options
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Tracked since mid-September with updated
court hours and restrictions.
• 10 calls total
• 7 of the 10 were regarding pickleball
play during non-operational hours
• 3 miscellaneous, like unlocked locks
• Dozens of email complaints into the
Community and Recreation Services
Division.
Calls for Service to Martinez Police Department
C I T Y O F M A R T I N EZ12
Resident Survey Feedback
• Survey mailed out to 500+ square foot
radius in November
• Slightly 200+ addresses received the mailer
• Slightly over 100 neighbors took the survey
A is within 100' of the courts
B is within ~ 220' of the courts
C is within 600' of the courts
D is either outside of the Zone or preferred
not to answer
C I T Y O F M A R T I N EZ13
Resident Survey Feedback
Three core sentiment questions:
1. Has the court activity affected your sleep, relaxation, work- from-home, or neighborhood experience?
2. How would you describe the overall impact of court noise on your daily life?
3. Do you believe the pickleball courts should be permanently closed?
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Resident Survey Feedback
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Resident Survey Feedback
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Resident Survey Feedback
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Problem Statement
• Nearby residents continue to
report quality of life impacts
• Reduced hours have limited
access, leading players to seek
courts in neighboring
communities
• Significant City resources have
been expended over the past
year
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Objective Decision Framework
• Sunk Cost - The tendency to continue investing in something based on past time, effort, or money already spent.
• Sense of Loss - Both neighbors and players feel they are losing something, which makes this issue more emotional.
• “One More Fix” Thinking - There may be hope another adjustment will solve the problem, despite many attempts already.
Right Place, Right Use
This recommendation is about whether this is the right location for pickleball.
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Key Findings
Despite extensive efforts by staff and the pickleball community, challenges persist:
• Proximity to homes remains a primary constraint
• No feasible noise mitigation without full enclosure (top and sides) • Potential litigation risk creates ongoing long -term legal costs • Sound travels up and over barriers, limiting partial solutions • Park hours and rules are difficult to enforce without dedicated staffing Recommendation: Adopt a resolution discontinuing pickleball play at Hidden Valley Sport Courts.
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Next Steps
Evaluate alternative locations through:
• Park System Master Plan
Consider:
• Appropriate setbacks
• Site design and buffering
• Emerging standards and practices in other cities
Plan for the future of the Hidden Valley Pickleball Courts during the upcoming Capital Improvement Program planning process.
C I T Y O F M A R T I N EZ1
Umbrella License for Community Events
City Council
March 18, 2026
C I T Y O F M A R T I N EZ2
Conduct a public hearing and adopt a resolution:
1. Authorizing community event organizers to obtain
an “Umbrella Business” license for Community
Events
2. Amend User Fee Schedule to add a Processing Fee
3. Determine CEQA Exemption (PRC 21080(b)(8),
Guidelines 15273(a)
2 Recommendation
C I T Y O F M A R T I N EZ3
• Municipal Code requires business license for all
businesses
• Non-profits generally exempt
• Gap: Vendors at events not clearly addressed
• Current issues:
o Burden on small vendors & food trucks
o Barrier to participation
o High administrative workload
3 Background
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• Event organizer obtains one umbrella license
• Covers all vendors (for-profit & non-profit) during event • Recommended fee: $100 per event
• Supported by:
o Martinez Chamber of Commerce
o Downtown Martinez & Co.
• Aligns with Goal E: Vibrant, active, and welcoming
downtown
Benefits
• Removes barriers for vendors
• Simplifies administration
• Encourages more community events
4 Umbrella License Model
C I T Y O F M A R T I N EZ5
Conduct a public hearing and adopt a resolution:
1. Authorizing community event organizers to obtain
an umbrella business license for community
events.
2. Amending the City’s User Fee Schedule to add a
permit processing fee for the proposed umbrella
business license and determining the project is
statutorily exempt pursuant to Public Resources
Code Section 21080(b)(8) and CEQA Guidelines
Section 15273(a).
5 Recommendation
Questions
Umbrella License Community Events
CITY OF MARTINEZ1
Urgency Ordinance – Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations
City Council
March 18, 2026
CITY OF MARTINEZ2
Policy Context
California Accessory Dwelling Unit Regulations: The State regulates ADUs and JADUs through Government Code Sections 66310 through 66342.
Government Code Section 66323: Requires local agencies to ministerially approve applications for any applicable “State Exempt ADUs”:
• Attached ADU, no more than 800 square feet or 50 percent of the primary home, no taller than 25 feet
in height, and no less than four-foot side and rear yard setbacks. • Detached ADU, no more than 800 square feet, with four-foot s ide and rear yard setbacks. New construction are limited to 18 feet. Additions to existing structures are limited to 25 feet. • Attached JADU converted from the existing space of a single-family dwelling that is no more than 500 square feet.
Government Code Section 66326:
• Requires local agencies submit a copy of their adopted ADU/JADU ordinance to HCD within 60 days. • HCD may submit written findings to the local agency as to whether the ordinance complies. • If determined does not comply, then local agency can either amend their ordinance or adopt a resolu
tion explaining why the local agency believes the existing ordinance complies.
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ADU Ordinances Sent to HCD
Staff sent the City’s ADU regulations to HCD after every adopted ordinance that amended ADU regulations, including on:
• August 14, 2023 (Ordinance No. 1447)
• June 12, 2024 (Ordinance No. 1458)
• March 27, 2025 (Ordinance No. 1463)
• April 4, 2025 (Ordinance No. 1469)
• December 15, 2025 (Ordinance No. 1474 and 1480)
On Janua
ry 6, 2026, the City received a response from HCD in response to the December 2025 submission.
On January 29, 2026, the City formally responded to HCD acknowledging their letter, proposing amendments, and asking for additional clarifications.
On February 2, 2026, City staff met with HCD to discuss our proposed amendments and resolve any outstanding questions.
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HCD Comments and Proposed Amendments
1. Statutory Numbering: Pr eviously, most of the prominent State ADU regulations were included in Government Code Sections 65852.2, 65852.22, and 65852.26. However, Senate Bill (“SB”) 477 modified these Sections and reorganized them into Government Code Sections 66310 through 66342.
2. Recent State Law: HC D cited several recent State laws that needed to be incorporated into the ADU regulations, specifically:
1. Assembly Bill (“AB”) 130 (effective June 30, 2025)
2. AB 462 (effective October 10, 2025)
3. AB 1154 (effective January 1, 2026)
4. SB 9 (effective January 1, 2026)
5. SB 543 (effective January 1, 2026)
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HCD Comments and Proposed Amendments
3. Unit Allowance:
a. Lot with one or more single-family d welling
i. Existing: Up to one ADU total (either attached or detached) and one JADU. (up to 2 total) ii. Amended: Up to one attached ADU, one detached ADU, and one JADU. (up to 3 total) b. Lot with an exist ing multifamily dwelling
a. Existing: Up to eight detached ADUs, respective of the number of multifamily units OR ADUs
converted from non-habitable areas up to 25 percent of the existing multifamily units. (up to 8+ total)
b. Amended: Up to eight detached ADUs, respective of the number of multifamily units, ADUs conve
rted from non-habitable areas up to 25 percent of the existing multifamily units, and one additional ADU. (up to 9+ total)
c. Lot with a prop osed multifamily dwelling
a. Existing: Up to two detached ADUs. (2 total)
b. Amended: Up to two detached ADUs and one additional ADU. (3 total) CITY OF MARTINEZ6
HCD Comments and Proposed Amendments
4. Front Setbacks: State law prohibits local agencies from enforcing front yard setbacks on State Exempt ADUs. The City’s existing regulations currently allows State Exempt ADUs in front setback areas, but specifies that non-State Exempt ADUs are subject to the front yard setback regulations associated with the underlying zoning district. The City’s existing regulations are consistent with State law and no amendments are necessary.
5. Stories/Height: Staf
f implemented the City Council’s prior recommendation that detached ADUs either be a one-story structure or a second-story addition to an existing structure to preserve adjacent neighbors’ privacy. However, HCD has determined local agencies are not permitted to restrict stories on ADUs – only height. As such, staff propose to remove these restrictions.
6. Parking Exceptions: Stat
e law provides that ADUs are exempted from having a dedicated parking space under several criteria. HCD determined one clarification to an existing criteria was needed and one criteria was missing. While not substantive changes, staff propose to amend the parking exemptions to reflect these requirements.
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HCD Comments and Proposed Amendments
7. Visibility: Stat e law only allows local agencies to impose certain objective standards on non-State Exempt ADUs. The existing ADU regulations prohibit exterior staircases from being visible from the right-of-way; however, HCD determined that this requirement was not objective and needed to removed. As such, staff propose to remove this standard to reflect this requirement.
8. Owner Occupancy: The Cit y’s existing ADU regulations require owner occupancy of dwellings with JADUs of either the primary dwelling or JADU in most circumstances. However, State law provides a new exemption to this requirement if the JADU has independent sanitation facilities. As such, staff propose to amend these regulations to reflect this requirement.
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Staff-Initiated Amendments
1. State Exempt ADUs: The exis ting ADU regulations inconsistently use the terminology “Statewide Exemption ADU” and “State Exempt ADU”. Staff propose to amend the City’s regulations to use this term consistently.
2. Exceptions: The exis ting ADU Chapter includes findings to allow for exceptions to some development standards. However, the City has since adopted a dedicated Chapter in the Zoning Ordinance for Exceptions for all development projects, including ADUs. As such, staff propose to remove the findings from the ADU Chapter and strictly rely on the findings from the dedicated Exceptions Chapter.
3. Sightline Distance Requirements: The C
ity is unable to enforce front yard setbacks on State Exempt ADUs. However, State law does allow for exceptions if a standard would present a hazard to health and safety. HCD determined the City can prohibit ADUs which conflict with objective sightline distance requirements.
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Staff-Initiated Amendments
4. Additional ADUs for Bonus Program and Religious Institutions: State l aw now permits an additional ADU, for a total of up to three ADUs/JADUs, on properties with a single-family dwelling. As such, staff are recommending to update some of our other discretionary ADU programs to account for this additional ADU for consistency:
a. ADU Bonus Program: The ADU Bonus Program allows Applicants that are proposing to deed- restrict an ADU for affordable housing, up to one additional ADU for a total of three ADUs in areas not located within a Transit Priority Area. Staff propose to update these regulations so they now would allow up to four ADUs, including the bonus ADU. b. Religious Institutions: The City
allows lots with religious institutions up to two ADUs. Staff propose to update these regulations so they would now be permitted up to three ADUs.
CITY OF MARTINEZ10
Conduct a public hearing and adopt an Urgency Ordinance approving Zoning Text Amendments to amend Chapters 22.04 (Definitions), 22.43 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and 22.84 (Exceptions) to reflect recent updates to State law and feedback from the California Department of Housing and Community Development related to accessory dwelling unit regulations.
Recommendation
Questions?
Brandon Northart, AICP, Associate Planner
[email protected]
CITY OF MARTINEZ1
Municipal Code Amendments – Condominium Conversion
Restrictions
City Council
March 18, 2026
CITY OF MARTINEZ2
What is a Condominium Conversion?
The conversion of rental units from single ownership to an ownership in which the residential units may be sold individually.
Examples include:
• Conversion of a rental ADU
• Conversion of rental duplex
• Conversion of rental multifamily development
Typica
lly, these types on conversions are regulated to ensure the preservation of rental housing and the protection of their tenants.
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Background
MMC Chapter 21.56 (Regulations for the Conversion of Rental Units to Condominiums): Originally adopted in 1979 and currently regulates condominium conversions in Martinez. 2023-2031 Housing Element Program 11 (Zoning Ordinance Amendments): Requires the City to consider adopting revisions to the City’s Condominium Conversion regulations.
Metropolitan Transportation Commission (“MTC”) Transit Oriented Communities (“TOC”) Policy:
Voluntary program from MTC that includes policy requirements to be eligible for some discretionary funding. Includes adopting a Condominium Conversion Regulations consistent with their standards.
Planning Commission: On February 24, 2026, the Planning Commission reviewed the regulations and recommended the City Council approve the proposed Ordinance.
CITY OF MARTINEZ4
1. Findings: Adds “findings” to assist future decisionmakers with reasons to either approve or deny
condominium conversion requests.
2. Tenant Notification Requirements: Requires notifications at every stage of a conversion, includin
g a Notice of Intent to Convert, Notice of Application to Convert, Notice of Conversion Approval, Notice of Right to Purchase, and Notice to Vacate.
3. Tenant Relocation Assistance Plan: Requires property owners to create a “Tenant Reloc
ation Assistance Plan” that outlines how they will address relocation fees, assist with temporary relocation, right-to-return stipulations, and rent adjustments.
Proposed Regulations
CITY OF MARTINEZ5
4. Inclusionary Housing Requirements: Reinforces the City’s existing Inclusionary Housing Requir
ements where 11 or more units are proposed for conversion.
5. Replacement Requirements: Provide replacement rental units at a one-to-one ratio or with an in-lieu fee for conversion projects where 11 or more rental units are proposed to be converted.
6. Approval Authority: Cla
rifies that conversion projects that have 10 or fewer units proposed for conversion can be approved by the Zoning Administrator, and by the Planning Commission when 11 more units are proposed for conversion.
7. Design and Construction Standards: Requir
es converted units to comply with applicable
building and safety standards in the Residential Code, as determined by the Chief Building Official, based on an inspection, rather than the current standards that may not be feasible such as changes to storage area or private outdoor space.
Proposed Regulations
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Conduct a public hearing, waive the reading, and introduce an Ordinance approving amendments to the Martinez Municipal Code by repealing Chapter 21.56 (Regulations for the Conversion of Rental Units to Condominiums) in its entirety and replacing it with Chapter 21.56 (Condominium Conversion) to update regulations to be consistent with State law and Metropolitan Transportation Commission’s Transit Oriented Communities Policy.
Recommendation
Questions?
Brandon Northart, AICP, Associate Planner
[email protected]