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Martinez directs staff to update group-home definitions to meet state law, keeps CUPs for large unlicensed homes
Summary
Council instructed staff to amend local definitions so small group homes and small residential care facilities are permitted by right in residential zones, consistent with state statute; council declined to extend state-level HCD guidance to require large unlicensed group homes be permitted by right.
The Martinez City Council received a staff report Feb. 4 and directed staff to draft municipal-code amendments that bring local definitions of small group homes and small residential care facilities into alignment with state law. Planning Technician Bridal Tovar said the work stems from the city's housing element and HCD guidance, and staff presented maps showing where small and large group homes and residential-care facilities would be permitted by right or conditionally.
Tovar summarized state requirements: "State law requires small group homes and small residential care facilities to be permitted by right in all residential districts," and said the Department of Housing and Community Development (HCD) has advised that large group homes should also be permitted by right in single‑family zones, although Tovar said the city could not locate a statutory authority that compels that interpretation.
Several council members said they preferred to adopt only changes required by state statute and to preserve the conditional‑use permit process for large unlicensed group homes so that neighbors retain a public process. "I am very hesitant for us to go above and beyond what's required by law," one council member said, noting recent public frustration over proposed group-home sitings.
Direction: staff will prepare draft ordinance language to make small group homes and small residential care facilities allowed by right in all residential zones as required by state statute, and will not change current local rules for large unlicensed group homes at this time. Staff will bring draft regulations to the Planning Commission and then return to council for adoption.
Context: small group homes cover six or fewer unrelated persons; large group homes are seven or more. The item is part of the city's housing-element implementation work plan.
Next steps: staff to return with draft code amendments, Planning Commission review, and a council hearing on adoption.
