Can I split my lot under SB 9 in Martinez?

Martinez's code: At least 1,200 square feet. (§ 22.51A.040); The applicant signs and records an affidavit to live in one of the units for 3 years from approval. (Does not apply if the applicant is a community land trust or qualified nonprofit.) (§ 22.51A.040).

Lot splits under SB 9 in Martinez: the local rules

Martinez code What Martinez's code adds
How the lot may be divided	Neither new parcel may be smaller than 40% of the original parcel area. § 22.51A.040 · code text The subdivision shall create no more than two new parcels of approximately equal area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
Minimum new lot size	At least 1,200 square feet. § 22.51A.040 · code text In no instance shall any resulting parcel be smaller than 1,200 square feet in area.
Setbacks	At least 4 feet from side and rear parcel lines. Applies: Applies to side and rear parcel lines. § 22.51A.050 · code text Setbacks for any new SB 9 dwelling unit shall be a minimum of four feet from the side and rear parcel lines. No setback required. Applies: Applies to an existing structure, or a new SB 9 unit built in the same place as an existing structure. § 22.51A.050 · code text No setback is required for an existing structure or a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.
Standards	Lot coverage follows the zoning district, unless that would keep an SB 9 unit under 800 square feet. Applies: Applies to all new SB 9 units. § 22.51A.050 · code text The maximum lot coverage shall be consistent with the zoning district in which the development will be located, unless it would preclude an SB 9 dwelling unit from being at least 800 square feet in floor area. Front setbacks follow the zoning district, unless that would keep an SB 9 unit under 800 square feet. Applies: Applies to new SB 9 units. § 22.51A.050 · code text Front yard setbacks for any new SB 9 dwelling unit shall be consistent with the zoning district in which the development will be located, unless it would preclude an SB 9 dwelling unit from being at least 800 square feet in floor area. Same maximum height as the zoning district. Applies: Applies to new SB 9 units. § 22.51A.050 · code text The maximum height of any new SB 9 dwelling unit shall be consistent with the zoning district in which the development will be located. The maximum height of ADUs shall be consistent with Chapter 22.43 (Accessory Dwelling Units and Junior Accessory Dwelling Units). At least 5 feet between a new or modified detached unit and any other dwelling or building. Applies: Waived if it would prevent an SB 9 unit of at least 800 square feet. § 22.51A.050 · code text New or modified detached dwelling units shall be separated from any other dwelling unit or building by five feet to prevent the spread of fire, unless it would preclude an SB 9 dwelling unit from being at least 800 square feet in floor area. No more than 2 new parcels of about equal area. Applies: Applies to the subdivision. § 22.51A.040 · code text The subdivision shall create no more than two new parcels of approximately equal area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. No further subdivision is allowed. Applies: Applies to the newly created parcels. § 22.51A.040 · code text A note on the parcel map and a recorded deed restriction in a form approved by the City Attorney's Office or designee shall be applied to all newly created parcels indicating that the parcel was split using the provision of this Chapter and that no further subdivision of the parcels is permitted. Any standard that would prevent an 800-square-foot SB 9 unit is waived. § 22.51A.050 · code text Notwithstanding the foregoing subsections, any design or development standards that physically preclude an SB 9 dwelling unit from being 800 square feet in floor area shall be waived.
Owner occupancy	The applicant signs and records an affidavit to live in one of the units for 3 years from approval. Applies: Does not apply if the applicant is a community land trust or qualified nonprofit. § 22.51A.040 · code text Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit stating that the applicant intends to reside in one of the proposed or existing primary dwelling units or SB 9 dwelling units for three years from the date of the approval of the subdivision.
Parking	1 covered or uncovered parking space per SB 9 unit. § 22.51A.050 · code text One uncovered or covered parking space per SB 9 dwelling unit shall be required, except where: No parking space required. Applies: Applies within a half-mile walk of a high-quality transit corridor or a major transit stop. § 22.51A.050 · code text The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155, Subsection (b), or a major transit stop. No parking space required. Applies: Applies when a car share pick-up or drop-off spot is within 1 block. § 22.51A.050 · code text When there is a designated pick-up or drop-off location for car share vehicles located within one block of the subject property.

Lot splits under SB 9 in Martinez

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