The following terms when used in this Chapter shall have the following respective meanings:

A.

"Community Development Director" shall mean the director of the City's department of community development or his/her authorized representative.

B.

"Developer" shall mean a person who has a legal or equitable interest in real property, and who applies for a development agreement for a project on that property pursuant to the procedures specified in this Chapter, and who executes and is bound by the terms of the development agreement.

C.

"Development agreement" shall mean a development agreement entered into between the City and a developer pursuant to Government Code Sections 65864-65869.5 and this Chapter.

D.

"Person" shall mean an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, tribunal or any other form of business or legal entity.

E.

"Project" shall mean the development project that is the subject of a development agreement.

(Ord. 1239 C.S. § 1, 1997.)

A.

The Community Development Director shall prescribe the form of each application, notice, and document required for the consideration and implementation of a development agreement.

B.

The Community Development Director may require a developer to submit such additional information and supporting data as the Community Development Director, City Council and/or other City agency considers necessary to properly process the application.

(Ord. 1239 C.S. § 1, 1997.)

The City Council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or approved under this Chapter, including annual reviews, and administration of approved development agreements.

(Ord. 1239 C.S. § 1, 1997.)

The Community Development Director shall require a developer to submit evidence of the nature of the developer's interest in the property and of the authority of the Developer to apply for the development agreement.

(Ord. 1239 C.S. § 1, 1997.)

Each application shall be accompanied by a proposed development agreement on the City's then standard form of development agreement, and shall include any specific proposals for changes in or additions to the language of the standard form. Any proposed development agreement shall contain the provisions required under this Chapter and shall also include any other relevant provisions which may be deemed necessary by the Community Development Director.

(Ord. 1239 C.S. § 1, 1997.)

A.

The Community Development Director shall review each application to determine whether it is complete and accurate. If the application is found to be incomplete or inaccurate, the Community Development Director shall reject the application and inform the applicant of the items necessary to properly complete the application. The Community Development Director shall reject any application where the development agreement clearly would be inconsistent with the general plan, any applicable specific plan, zoning or any other land use regulations applicable to the subject property. If the application for a development agreement is submitted in conjunction with an application for other land use approvals, the proposed development agreement shall be reviewed for consistency with the existing and, separately, the proposed land use approvals.

B.

If the Community Development Director determines that the application is complete and accurate, copies of the application shall be forwarded to each appropriate City department and after consultation with each department, and after performing all other tasks necessary to the processing of land use applications (including but not limited to, environmental review), the director shall prepare a staff report and recommendation to the Planning Commission.

(Ord. 1239 C.S. § 1, 1997.)

A.

A development agreement shall specify its duration, the permitted uses of the property thereunder, the density and/or intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

B.

A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but the mere inclusion of some shall not affect the developer's responsibility to obtain all land use approvals required by the Martinez Municipal Code.

C.

A development agreement may include conditions and restrictions imposed by the City with respect to the project including those conditions and restrictions proposed in an environmental impact report applicable to the project prepared and certified under the California Environmental Quality Act, and the City's regulations with respect thereto, in order to eliminate or mitigate adverse environmental impacts of the project.

D.

A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.

E.

If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

F.

All development agreements shall contain an indemnity and insurance clause requiring the developer to indemnify and hold the City harmless against claims arising out of the development process including any approvals granted in connection therewith, including all legal fees and costs.

G.

A development agreement is a contract that is negotiated and voluntarily entered into by City and developer and may contain any additional or modified conditions, terms or provisions agreed upon by the parties, including sanctions for failure to meet requirements.

H.

A development agreement may include conditions relating to financial guarantees for performance of obligations thereunder.

(Ord. 1239 C.S. § 1, 1997.)

All development agreements shall be considered at public hearings before the Planning Commission and the City Council. Notice of the Planning Commission's and the City Council's intention to consider adoption of a development agreement shall be given as provided in Section 22.56.130.

(Ord. 1239 C.S. § 1, 1997.)

After the hearing by the Planning Commission, the Planning Commission shall make a recommendation to the City Council. The recommendation shall include the Planning Commission's determination whether or not the proposed development agreement:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

B.

Complies with the zoning for the real property in question;

C.

Is consistent with and complies with the City's Subdivision Ordinance and State Subdivision Map Act, if applicable;

D.

Ensures provision of public facilities in a manner consistent with the City's general plan.

(Ord. 1239 C.S. § 1, 1997.)

Adopting of a development agreement is a legislative act and shall be approved by ordinance only after a public hearing before the City Council. The ordinance shall refer to and incorporate by reference the text of the development agreement.

(Ord. 1239 C.S. § 1, 1997.)

At the hearing, the City Council shall consider the Planning Commission's recommendation together with any additional public testimony, and may approve, disapprove or modify any recommendation of the Planning Commission. If public testimony is presented on an issue which was not considered by the Planning Commission, the City Council may, but need not, refer the issue back to the Planning Commission for further hearing and recommendations.

(Ord. 1239 C.S. § 1, 1997.)

If the City Council finds that the development agreement is consistent with the Martinez General Plan and any applicable specific plan, and that the agreement will promote the public health, safety and general welfare, it may, but is not required to, approve the development agreement.

(Ord. 1239 C.S. § 1, 1997.)

A.

The Community Development Director shall give notice of intention to consider adoption of a development agreement in addition to such other notices as may be required by law for other actions to be considered concurrently with the development agreement.

B.

The notice of intention shall contain:

1.

The time and place of the hearing;

2.

A general explanation of the matter to be considered including a general description of the area affected; and

3.

Other information required by specific provisions of this Chapter or which the Community Development Director considered necessary or desirable.

C.

The time and manner of giving notice is as specified in Government Code Section 65867 or applicable successor code provision. Such publication and mailing shall be done at least 10 days prior to any hearing.

D.

The Planning Commission may direct that notice of the public hearing to be held before it shall be given in a manner that exceeds the notice requirements prescribed by state law.

E.

The notice requirements referred to in this Section are declaratory of existing law. If state law is subsequently amended to prescribe a different notice requirement, notice shall be given in that manner.

(Ord. 1239 C.S. § 1, 1997.)

All the public hearings under this Chapter shall be conducted in accordance with the procedures and the time limits specified for the conduct of zoning hearings in accordance with the Municipal Code, except that hearings conducted under Section 22.56.150 are not to be held only before the City Council and noticed as such.

(Ord. 1239 C.S. § 1, 1997.)

A.

Time For and Initiation of Review. The City Council shall review the development agreement annually in order to ascertain the good faith compliance by the developer with its terms. The developer shall initiate the required annual review by submitting a written request at least 60 days prior to the review date specified in the agreement. The developer shall also provide evidence as determined by the City Council to demonstrate good faith compliance with the provisions of the development agreement.

B.

Public Hearing. The City Council shall conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof by substantial evidence of compliance is upon the developer.

C.

Findings Upon Public Hearing. The City Council shall determine upon the basis of substantial evidence whether or not the developer has, for the period under review, complied in good faith with the terms and conditions of the agreement.

D.

Procedure Upon Findings.

1.

If the City Council finds and determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

2.

If the City Council finds and determines on the basis of substantial evidence that the developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may without consent of the developer modify or terminate the agreement in accordance with the provisions of Section 22.56.160(b).

(Ord. 1239 C.S. § 1, 1997.)

A.

Modification or Termination by Mutual Consent. Any development agreement may be modified or terminated by mutual consent of the parties, but only in the manner provided in California Government Code Section 65868 which requires that any proposal to modify or cancel a development agreement be heard and determined in accordance with the procedures specified by this Chapter for approval of a development agreement.

B.

Modification or Termination after Non-Compliance. If, upon a finding under Section 22.56.150(d)(2), the City Council determines to proceed with modification or termination of the development agreement, the City Council shall give notice to the developer of its intention so to do after public hearing. The notice shall contain:

1.

The time and place of the hearing;

2.

A statement as to whether or not and in what respects the City Council proposes to terminate or to modify the development agreement;

3.

A statement of the reasons for the proposed modification or termination, and if any of said reasons constitute a breach of and/or an event of non-compliance with the development agreement, a statement of the terms of curing the default or remedying non-compliance and a reasonable time for the developer to effect said cure and/or meet the terms of compliance; and

4.

Other information which the City Council considers necessary to inform the developer of the nature of the proceeding.

The procedures specified in Section 22.56.160(a) shall govern proceedings conducted under Section 22.56.160(b).

C.

Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the developer and all interested parties shall be given an opportunity to be heard. After the public hearing, the City Council shall terminate or modify the development agreement, or rescind its finding of non-compliance or breach and issue a finding of compliance. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.

(Ord. 1239 C.S. § 1, 1997.)

A.

In the event that a development agreement should be terminated, all rights of the developer or successor in interest under the development agreement shall terminate. The City may, in its sole discretion, determine to retain any and all benefits, including reservations or dedications of land, and payment of fees, received by the City.

B.

Notwithstanding the above paragraph, any termination of the development agreement shall not prevent the developer from completing a building or other improvements authorized pursuant to a valid building permit, but the City may take any acting permitted by law to prevent, stop or correct any violation of law occurring after termination of the development agreement.

(Ord. 1239 C.S. § 1, 1997.)

All development agreements entail and consist of a separate procedure from other land use planning procedures and shall not take the place of the zoning ordinance, the general plan, conditional use permit, subdivision approval, building permit or any other city planning function. To the extent practicable, public hearings on a proposed development agreement should be held concurrently with the public hearings on related land use approvals.

(Ord. 1239 C.S. § 1, 1997.)

A.

Within 10 days after the ordinance approving the development agreement takes effect, the City Manager shall execute the development agreement on behalf of the City, and the City Clerk shall record the development agreement with the County Recorder.

B.

If the parties to the development agreement or their successors in interest cancel or modify the development agminates or modifies the development agreement as provided in Government Code Subsection 65865.1 and this Chapter for failure of the developer to comply in good faith with the terms or conditions of the development agreement, the City Clerk shall, after such action takes effect, record notice of such action with the County Recorder.

(Ord. 1239 C.S. § 1, 1997.)

The procedures for enforcement, modification or termination of a development agreement specified in this Section are non-exclusive. A development agreement may be enforced, modified or terminated by any manner otherwise provided by law or by the terms of the development agreement.

(Ord. 1239 C.S. § 1, 1997.)