"We Are Building": City Council Pledges to Make Affordable Housing a Reality as it Adopts Revised Housing Element
Council members embrace need for higher height limits; chickens, bees, trees regulations are fine-tuned; another extension in Old Train Depot talks for new museum; and the most read posts of 2023
After years of abysmal failure in bringing affordable housing to Martinez, City Council members vowed to make sure this time is different as they signed off on a revised 2023-2031 Housing Element at their Dec. 20 meeting that will guide the city’s growth over the next eight years.
And grow it will, Councilman Satinder Malhi said. “It is long past time. Martinez is growing, folks.”
In a meeting that was dominated for the first two hours with the latest outrage over continuing hazardous materials incidents at PBF Energy’s refinery, Malhi made a plea for aggressive action on housing that largely matched the passion he expressed earlier in calling out PBF officials for the series of refinery incidents that have shaken the community.
He connected the two issues in expressing hope that 2024 will feature a lot more talk about housing in the council chamber and a lot less about refinery accidents.
“Next year, when we’re done dealing with environmental disasters hopefully, we can actually turn our attention to the existential crisis of our time, which is the lack of housing,” he said. “I’m not going to sit here and let this (Housing Element) collect dust…
“We are building.”
Collect dust is what’s basically happened with previous Housing Elements in the city, which did little more than list targets for housing growth at various income levels with little to no action toward meeting them — a scenario that has been repeated throughout a state gripped by a housing crisis that has exacerbated homelessness and led to population declines as families flee the escalating cost of living.
State legislation passed in recent years has steadily stripped away the power of cities such as Martinez to drag their feet on housing development with no risk of consequences, and the city — like others up and down the Golden State — was forced to make several revisions to the initial draft of its Housing Element to meet state demands designed to provide the incentives to attract developers and stimulate growth.
Malhi put a particular focus on creating “workforce” housing so that members of the Z and millennial generations have the same opportunities “to plant some roots in this community like many of us did.”
Saying that “the era of NIMBY politics in our city must come to an end,” Malhi warned that the city risks losing even more local control over future growth if it doesn’t move aggressively to implement the 31 programs contained in the Housing Element and get shovels into the ground.
“We can do it in a responsible way, using a balanced approach, using whatever vestiges of local control the state has still afforded us,” he said. “But if we continue to drag our feet, we’re going to lose that control and they’re going to come in here and build for us.
“I want to get stuff done now. It’s time.”
Planning Manager Michael Cass, who led the development of the mammoth 379-page document, echoed that sentiment, saying the city has already begun implementing various programs in the plan, even before it’s certified by the state, with the goal of seeing tangible changes in the city’s housing picture within the first three years of the eight-year cycle.
“The state is watching, so we will be closely monitoring to make sure that we stay in conformance and are implementing the plan that is before you,” he said.
The Housing Element revision that received the most focus during the late-night discussion was the state’s requirement that it raise the development height limit for various zones of the city from two stories to three stories, to achieve a density goal for affordable housing of 30 units per acre. Cass, however, said the change was not as significant as it appeared, as density bonus laws already allow developers to go above height limits.
“There are already channels to do that now,” he said. “It’s just making that process easier.”
Acknowledging that there’s traditionally “been a lot of heated debate in this council chamber about height,” longtime council member Debbie McKillop said she nevertheless wanted to “encourage upward growth.”
“We’re a community that doesn’t have a lot of open area to build, so where we can build, we should build, and it should be higher.”
Councilman Jay Howard, a carpenter by trade, noted that the height of projects is a key incentive in convincing developers to build. “You talk to contractors … and they talk about only being willing to do development if they can get into the third and fourth floor, because that’s where they make money, or fifth floor. If they’re not going to make money, they’re not going to come to town.
“I do really appreciate the historical value of our town, but like you said, we’ve got to build up.”
Malhi made clear, however, that in encouraging upward growth, he wasn’t calling for “Walnut Creek-style, 10-, 20-story condo towers in the downtown. That’s not our vision.” He argued that four- or five-story developments can be built with facades and features that preserve the historic attributes of the area.
Other changes required by the state in Martinez’s revised plan include provisions related to emergency shelters and manufactured housing, fair housing laws, and reduced parking requirements.
Mayor Brianne Zorn raised the issue of the “builder’s remedy,” which has been in effect since February when the city failed to adopt its Housing Element by the state-mandated deadline, giving developers the ability to circumvent the city’s regulatory and zoning standards for affordable housing projects if they so choose.
She said the fact that no developers have taken advantage of the “builder’s remedy” suggests that Martinez is not currently a place where they want to build. She asked Cass whether he believed the incentive programs in the Housing Element will change that dynamic.
Cass noted that while the majority of items in the Housing Element reflected state mandates designed to address what is a statewide crisis, city staff had met with members of the local development community and incorporated their feedback into the plan. He also said that there are already signs of progress, with the city issuing more housing permits in 2023 than it has in any of the past eight years, with projections to issue more permits still in each of the next two years.
“We’re expecting to do a significantly better job in this cycle than we did in the past cycle,” he said.
That will be a low bar to clear. In the Housing Element cycle for 2015-2023, Martinez permitted only 105 of 469 housing units that it was assigned in its Regional Housing Needs Allocation. All but one of those units were at the above-moderate-income level; none were in the extremely low- or low-income categories — a fact that wasn’t lost on Zorn in putting the recent progress in context.
“Our numbers were so bad before that anything is better than practically zero, but yes, that’s great,” she said of the positive recent trend in new housing unit permits, many of which have been in the form of Accessory Dwelling Units (ADUs).
Martinez is expected to create a total of 1,345 housing units during the 2023-31 cycle, 551 of which are supposed to be in the low- or very low-income categories.
The presentation and discussion of the Housing Element can be viewed on the council meeting video at the following link starting at the 3:04:44 mark: https://martinez.granicus.com/player/clip/2140?view_id=9&redirect=true&h=6d4a93f05d33ec47ad96c09aa59c8802
In stark contrast to the hours of impassioned public comment over the refinery issues earlier in the meeting, only two people spoke during public comment on the Housing Element: myself and the Rev. Deborah White of Grace Episcopal Church, which is hoping to partner with the city on making some of its property available for affordable housing. For those interested, our comments can be heard starting at the 3:54:30 mark of the video.
At 11:10 p.m., the council adopted the Housing Element by a 4-0 vote (Mark Ross recused himself because of a conflict of interest regarding a property he owns that could be affected by plan) and agreed to send it to the state Department of Housing and Community Development for certification.
The plan can be found at the following link:
The following two items were written by freelance writer Tom Lochner
Chickens, bees and trees regulations
By Tom Lochner
The City Council on Dec. 20 fine-tuned its regulations governing chickens, bees and trees, with a view to making them clearer, as well as more welcoming to beekeeping and chicken-raising, after some animated feedback from residents. The trees component of the regulations, meanwhile, advanced without much discussion.
The proposed ordinance merges two Martinez Municipal Code chapters related to trees: chapters 8.08 and 8:12. The former regulates trees and shrubs on public property; the latter addresses the preservation, protection and removal of trees on private property. Chapter 8:12 aims to balance protection of trees with private property rights and property development, in the interest of public health, safety and welfare as well as scenic beauty.
"Trees provide soil stability, improve drainage conditions, provide habitat for wildlife and provide aesthetic beauty and screening for privacy," the "Purpose" section of the Trees on Private Property chapter reads in part. "Trees are a vital part of a visually pleasing, healthy environment for the City of Martinez." Municipal Code Chapter 8.12 is at https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2332578/Attachment_C_-_Existing_Chapter_8.12.pdf .
The ordinance also would remove the "protected tree" designation from the Coast Red Elderberry, and remove the Coast Redwood from the list of recommended trees. The Coast Redwood is on a Planning Division list of a dozen discouraged trees due to fire hazards, invasive species, or other impacts.
The Planning Division list includes 40 Recommended Replacement Trees: seven in "confined" spaces and 33 in "spaces greater than 7 feet," which means a clearance of more than 7 feet in any direction from the trunk of the tree to ensure there is room for the tree's canopy at maturity. The list of recommended and discouraged trees is at https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2332576/Attachment_A_-_Tree_List.pdf .
Additionally, protected trees would be measured going forward by diameter rather than circumference. The proposed ordinance also would "establish a standardized tree replacement ratio of one 15-gallon replacement tree" for each removed protected tree 24 inches or less in diameter, and two 15-gallon replacement trees for each removed protected tree more than 24 inches in diameter. It would also allow payment of an in-lieu fee; the amount is proposed to be set in the next update of the User Fee Schedule, expected to go before the council in March.
Beekeeping currently is not permitted in Martinez except in agricultural-zoned districts, which hasn't kept some residents from doing it anyway. Proposed zoning amendments would make beekeeping legal and establish standards, in recognition of its positive effects.
"Beekeeping is a sustainable practice that benefits the environment and provides essential benefits to humans such as insect pollination of approximately one-third of the human diet (the majority of which is done by bees)," a staff report states. "The regulations would provide residents with guidance and best practices for beekeeping, including limits on the number of apiaries allowed as well as standards to follow when considering their location."
The city staff consulted with the Mt. Diablo Beekeepers Association in the drafting of the proposed regulations, which distinguish between "beehive" and "apiary" (a place where beehives, usually more than one, are kept). Previously, the two terms were sometimes used interchangeably.
A maximum of four beehives would be allowed on lots of 5,000 to 10,000 square feet; six, from 10,001 to 20,000 square feet; eight, from 20,001 to 40,000 square feet; 10, from 40,001 to 200,000 square feet; and 40 on lots of more than 200,000 square feet. Additionally, one nucleus – essentially a smaller hive with bees in different stages of development – would be allowed for each beehive.
Hive size would be a maximum of 6 square feet in surface and a maximum of 6 feet high; beehives could be stacked, up to a cumulative height of 6 feet. A flyway barrier must be installed between a beehive and the property line shared with an adjacent residence. Also, there must be a fresh water source comfortably accessible to the bees.
Hives could be located in backyards, side yards or on roofs; at a minimum of 25 yards from public rights-of-way or private streets; and closer to the beehive lot's primary residence than the primary structure of adjacent parcels.
The city staff consulted with the 4H Club over proposed chicken regulations, which would continue the current prohibition against roosters that is designed to protect surrounding residents from excessive noise and potential nuisance.
Current zoning limits the number of chickens to 20 on lots of 20,000 square feet to an acre; there is no defined maximum for lots larger than an acre. Chicken raising is not permitted in districts zoned R-1.5, R-2.5 and R-3.5.
A Zoning Text Amendment proposed to the City Council by Planning Department officials on Dec. 20 had called for a limit of four chickens on lots between 4,000 and 10,000 square feet in area; eight chickens on lots between 10,001 and 20,000 square feet; 16 on lots 20,001 to 40,000 square feet; and the maximum number of 20 chickens on lots larger than 40,000 square feet. The limits would apply to residential as well as agricultural districts.
But Councilwoman Debbie McKillop, who said she raises chickens on her property, suggested higher limits, and other council members agreed. The proposed ordinance was amended to change the limits to eight chickens on lots between 4,000 and 10,000 square feet in area, and 12 chickens on lots between 10,001 and 20,000 square feet.
Mayor Brianne Zorn said that someone in an agricultural zoning district who may want to raise more chickens than the proposed limits could apply for a conditional use permit. Planning Manager Michael Cass noted that few agricultural parcels in the city are large, and that larger ones are mostly in unincorporated areas outside of the city's jurisdiction.
Existing regulations mandate 3 square feet of space per chicken; the proposed new regulations specify that the 3-square-foot minimum space applies to chicken coops.
The council approved the introduction of the new regulations by a 5-0 vote. It will come up for final approval at the Jan. 17 City Council meeting. If approved, it would take effect Feb. 17.
Old Train Depot negotiations
By Tom Lochner
The City Council granted the Martinez Historical Society what could be a final, 120-day extension of an exclusive negotiating agreement over the Old Train Depot with a view to turning it into a regional culture and tourism attraction at a crossroads between downtown and the waterfront.
At the same time, the council agreed to allocate $50,000 from the Cultural Impact Fund to the Old Train Depot Capital Improvement Project, in an apparent show of optimism that after years of little visible progress, a project may be taking shape.
Built in 1877, the station has seen much damage and renovation over the years. Situated at 401 Marina Vista Ave. along the south side of the Union Pacific Railroad tracks off the east side of Ferry Street, it last served as the city's Amtrak station until that function was relocated about 500 feet west to the present Intermodal Station at 601 Marina Vista Ave., which was completed in 2002. The concept of transferring the building to the historical society dates all the way back to the 1990s, when the Intermodal Station was proposed, according to a brief history contained in a business plan issued by the historical society in October.
It wasn't until May 2021 that the city signed an exclusive negotiating agreement with the historical society; that agreement has been extended four times, and is now set to expire on Dec. 31. Progress appears to have been slow, until a recent flurry of activity that began after the City Council in late March formed the Old Train Depot Negotiation Ad Hoc Subcommittee, which consists of Vice Mayor Mark Ross and Councilman Satinder Malhi.
On Oct. 20, the historical society issued the current business plan for a "Regional Museum and Exposition in a restored Old Train Station." It assumes a long-term lease of the city-owned property to the historical society at a nominal rent. The plan's objectives are: to "further the cultural and economic renaissance of downtown Martinez by transforming our Old Train Station into an historic and cultural destination for visitors from a broad geographic region:" provide a fundraising platform to restore and operate the building; and transfer custodianship to the historical society "while facilitating public access and use of the station with broad community involvement and support."
It envisions restoring the old station's approximately 5,200-square-foot first floor and reconfiguring upper levels of the structure. There would be an informational section at the entrance; one or several "visitor kiosks," some perhaps with digital features; museum space for traveling exhibits and interactive, "hands-on" exhibits; support facilities including a kitchen, bathrooms, janitorial space and storage areas; a museum store/gift shop; and a second-floor conference room. Also, perhaps, repositioning the historical society-owned executive train car alongside the station. One suggestion is to name the facility "Museum of the Carquinez Strait" in reflection of its intended regionality. The business plan envisioned is at https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2334697/Attachment_A_-_Train_Depot_Business_Plan.pdf .
On Oct. 30, consultant Alex Greenwood Group issued a "preliminary assessment" for the city, noting that it is "critical" to select the right use for the train station to provide an anchor to support adjacent downtown uses, and attract shoppers and visitors who will "create synergies with other downtown uses" while facilitating pedestrian traffic. Overall, the consultant praised the Oct. 20 business plan as "a vast improvement" over a previous version.
The plan sets a timeline of 15 months for construction, which the Greenwood Group says seems reasonable. The museum would remain closed to the public the following 24 months while fundraising continues and exhibits are set up – a timeline Greenwood describes as "extremely long" while suggesting it be carried out concurrently with the 15-month construction period. The consultant notes that the historical society does not seem to have had any contact with PG&E and Amtrak among other organizations that could impact the timeline.
The consultant's report also notes two projected cost estimates in the business plan: $1.5 million and $3 million; the former based on volunteer effort, the latter on professional contractors. Greenwood Group says, "We strongly recommend the accountability and ensured quality of a professional construction contractor," and that a $3 million conceptual budget, which is assumed to include a 15% to 25% contingency, seems reasonable (the society has received conceptual estimates for parts of the work from DeNova Homes and HP Build, the report notes). That conceptual budget does not, however, appear to include remediation, nor the planned relocation of the steam train from Waterfront Park and installation of an executive dining car, nor modifications to the adjacent parking lot and other site work, the consultant goes on to say.
The Historical Society notes in its Oct. 20 business plan that it has asked the city to remediate any hazardous materials issues; the Greenwood report mentions lead, asbestos and VOCs (Volatile Organic Compounds) as likely to be found on site.
The consultant's report says the business plan estimates for utilities, insurance, website operation, security and janitorial service appear reasonable, but that $170,000 a year for staffing — a director and two part-time staff members — is "significantly understated," and would more likely be between $290,000 and $410,000, including $120,000 to $210,000 for the director, at a museum that would collect less than $2.5 million in annual revenues.
Net revenue projections include $50,000 a year from the museum store, $25,000 for each of several large seasonal fundraising events, plus rent income from events and additional income from admissions and food sales. The Greenwood Group estimates the Old Train station could require as much as $200,000 a year in subsidies, and will need a professional outreach and marketing plan.
Some more work needs to be done on the processes and skills to choose, organize and set up exhibits. Also needing to be addressed is compliance with ADA (Americans with Disabilities Act) and other codes, and design problems that could result from the Old Train Depot's proximity to a busy rail line as well as to a Kinder Morgan pipeline, the consultant found. The consultant's assessment is at https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2334698/Attachment_B_-_Third_Party_Assesment_of_Business_Plan.pdf .
Mayor Brianne Zorn, expressing frustration at the slow pace of progress, said she didn't want to extend the exclusive negotiating period but that she was OK with the $50,000 transfer. Ross said he favored one more extension but that things will come to "a pretty hard and final stop if there isn't anything at the end of the rainbow, at the end of April." He noted that "simultaneously, we have to do our share as landlords, to remediate and fix it up." Meanwhile, he said, "they (the historical society) have got to show us where the grants are."
Malhi said he agreed with Ross, and while acknowledging the historical society's good work and the assistance of some community members, he said, "These conversations cannot continue indefinitely," and that if they don't come to fruition, "No hard feelings. We're just going to have to go and put out an RFP (Request for Proposals) and see what we can get.”
Councilwoman Debbie McKillop said, "I have no problem extending this a final time" and that she hopes the historical society can be successful in that time frame.
The vote was 4-1 to extend the exclusive negotiating period for four months, with Zorn voting no. The vote to transfer $50,000 to the Old Train Depot Capital Improvement Project was 5-0.
Happy New Year, and a look back at 2023
This marks the newsletter’s 91st and final post of 2023. Thanks to you all for making the first full year of Martinez News & Views such a rousing success. I’m looking forward to bigger and better things in 2024 (and hopefully fewer refinery incidents and no officer-involved shootings). I hope to have some news on the future of the newsletter to share with you before long.
The newsletter now boasts over 730 subscribers, 130 of whom are paid contributors. Not bad for a city our size!
Here is a look back at the five most viewed posts from 2023:
Refinery Dust 2.0: The More Things Change, The More They Stay The Same
What to Know About the Overnight Police Shooting Outside the Velvet Cannabis Dispensary
Speaking of the Velvet Cannabis shooting, it will be interesting to see whether city staff continue to broach the idea of eliminating the city’s requirement for 24/7 on-site security when the City Council returns to business in January, particularly in light of last week’s killing of an Oakland police officer while responding to an overnight dispensary burglary in that city.
The City Council was supposed to take up that matter, along with other proposed revisions to its Cannabis Ordinance, at its Dec. 20 meeting but chose to put off the matter when the meeting stretched to midnight. A staff report on the proposed changes noted that relatively few cities with retail cannabis dispensaries require around-the-clock on-site security. But in light of the fact that a burglary suspect in Martinez, and now a police officer in Oakland, have died during overnight dispensary burglary attempts in recent months, the question may be whether more cities should require this level of security (though Martinez’s ordinance required 24/7 on-site security at the time of the fatal shooting, the provision for some reason wasn’t enforced when police officials approved the security plans of the city’s two dispensaries). Something to watch out for in 2024.
Finally, today marks the final day of my 44-Mile Challenge in support of the Sandy Hook Promise Foundation, which does great school safety work throughout the nation, including with our own Martinez Unified School District (the 44 miles represent the number of children who die from gun violence in the United States each day). I’m happy to report that I’ve logged 55 miles this month, with one day to go!
If you’re interested in contributing to this fundraiser, visit my fundraiser page on Facebook or feel free to make a contribution directly to Sandy Hook Promise at https://www.sandyhookpromise.org/ I’m also matching all paid subscriptions received this month with donations to the fundraiser.
Happy New Year!
Claims that the Council members are concerned about the risk of losing even more local control over future growth ring hollow, because what did they do ... they accepted, without question, a height limit formula pulled out of the air by some unelected Housing and Community Development bureaucrat in Sacramento. The Housing Element is supposed to be OUR vision for how we want the city to develop. So, what does “12 feet for each 10 dwelling units per acre” look like? Is it a building that’s set back from the street or a vertical wall butted right up against the sidewalk? Does the building have underground parking? is it apartments built atop a first floor a parking garage? or do the residents park on the street? Are the units 700 sqft urban nooks... or 2,400 sqft four bedroom suites? By green lighting taller buildings without a clear vision of what those buildings will look like, and how they will blend into our community, the City Council has let us down.
Are they going to keep public comment to two minutes from now on, Craig? Also, I did not appreciate Satinder Mahli comment about NYMBIism nor yours about Pine Meadows. Satinder was appointed to that position because he is Siek and his behavior on PRMC showed he was not involved in what was going on in the City even in an immediate sense. Pine Meadows was not just about that park, which I agree went on and on and on and I was not part of it--but really about Measure I and F, which were about government transparency, honestly, and at its heart Democracy. We sacrificed for these ideals and we were not in the way of housing development--there were plenty of opportunity sites in the Downtown but Council wanted a very corrupt Redevelopment Scenario--one that denied our very history with help from the historic society; hence, the Berrellesa Palms lawsuit--and everything was done for the benefit of one property owner--not for the good of the people. We were not NIMBIs, we were political activists for some of the very best reasons. Way better reasons than a liquor store on every corner run by people who refuse to assimilate, which is far more detrimental to the citizens than a refinery could be.