The purpose of this chapter is to allow deviations from select development standards for development projects which provide community benefits, such as on-site affordable housing, contribution to funding programs, or construction of on- or off-site improvements.

(Ord. No. 1463, § XIX, 10-23-2024)

Use of the provisions of this chapter are optional. If the applicant chooses to use the provisions provided in this chapter, then the applicant shall waive their right to utilize California State Density Bonus Law provided in California Government Code Sections 65915 through 65918 and described in Chapter 22.80 (Density Bonus).

(Ord. No. 1463, § XIX, 10-23-2024)

A.

Project Types. The provisions provided in this chapter shall apply to the following project types:

1.

Multi-family residential projects.

2.

Non-residential projects, including, but not limited to, office, industrial, and commercial projects.

3.

Mixed-use projects.

B.

Exceptions. This chapter shall not apply to any of the following project types or within the following districts:

1.

Single-family district.

2.

Parks and Open Space Protection Overlay district.

3.

Agricultural Zoning district.

4.

Alhambra Valley district.

5.

Government Facilities Zoning district.

6.

Recreational Facilities Zoning district.

7.

Open Space Zoning district.

C.

Consistency with Other Requirements. In all cases, the potential development incentives available through this program must be consistent with the General Plan, applicable specific plans, and the Martinez Municipal Code.

(Ord. No. 1463, § XIX, 10-23-2024)

A.

General. Applicants shall select which of the available development incentives they would like to utilize and then based on the quantity of those requests, a corresponding number of community benefits shall be provided at a 1:1 ratio.

B.

Determination. To calculate the community benefit requirement for a potential project, an application should do the following:

1.

Determine the project site's zoning designation.

2.

Review the development standards in the respective zoning designation's chapter of this title and determine which of the development incentives are desired.

3.

Based on a ratio of one development incentive per one community benefit, determine how many community benefits are required.

4.

Select the respective amount of preferred community benefit(s), as provided in Section 22.81.060.

C.

Projects at Housing Element Opportunity Sites. Applicants proposing multi-family residential projects, affordable to very low-, low-, or moderate-income households, on Housing Element Opportunity Sites which meet both the envisioned density and affordable housing mix shall be entitled to use of all available development incentives and no additional community benefits are required.

(Ord. No. 1463, § XIX, 10-23-2024)

A.

Development Standards. Each applicable zoning district shall include a separate set of development standards which are only accessible to applicants opting into this program. These development standards (also referred to as "development incentives") shall be located in each zoning district's respective chapter of this title. The eligible development standards include:

1.

Height and stories increases.

2.

Setbacks reductions.

3.

Floor area ratio increases.

4.

Lot coverage increases.

5.

Private outdoor space reductions.

6.

Parking reductions for residential projects.

B.

Multi-Family or Mixed-Use Residential Projects - Density Bonus. Multi-family residential projects shall be allowed to exceed permitted residential density by providing affordable housing as specified in Table 22.81.050 below:

Table 22.81.050 - Density Bonus

1.

Residential density shall be rounded to the nearest whole number for base and bonus density calculations (e.g., fractions of one-half or greater shall be rounded up to the nearest whole number and fractions less than one-half shall be rounded down to the nearest whole number).

2.

The percentage of required affordable units shall be derived from the total amount of units from the base density associated with the underlying zoning requirements, rounded up to the nearest whole number (e.g., any faction shall be rounded up to the nearest whole number).

D.

Multi-Family or Mixed-Use Residential Projects - Development Incentive Credits. In addition to density, applicants who elect to provide affordable housing consistent with this chapter shall also be eligible for an unlimited amount of development incentives.

C.

Affordable Unit Requirements. Affordable residential dwelling units shall comply with the following requirements:

1.

All affordable units, exclusive of any manager unit(s), shall be subject to a recorded deed restriction, in a form and manner approved by the City Attorney and Planning Manager or designee(s) for at least the following periods of time:

a.

Fifty-five years for units that are rented.

b.

Forty-five-years for units that are owner occupied.

2.

All affordable units shall be comparable to the overall quality of construction to the market-rate units, including exterior appearance, and access to amenities. The number of bedrooms in the affordable units shall be comparable to the average number of bedrooms in the market-rate units, include comparable square feet by unit size, and the affordable units shall be reasonably dispersed within the project site.

3.

Any household that occupies an affordable unit must occupy that unit as its principal residence, unless otherwise approved in writing for rental to a third party for a limited period of time due to household hardship, as determined and approved by the City in advance.

D.

Exceptions.

1.

Development incentives shall be granted unless the deviation would result in a specific, adverse impact related to public health and safety as determined by the City.

2.

Projects located within the Affordable Housing Overlay district, Alhambra Avenue Overlay district, and Community Services Overlay district shall not be permitted additional density bonuses provided in this chapter. These projects are eligible for other development incentives, except for density.

(Ord. No. 1463, § XIX, 10-23-2024)

Applicants have the following available options to provide as community benefits to meet the required criteria set forth above:

A.

General Requirement. All community benefits must be in addition to any improvements required as a normal City, State, or federal standard; standard condition of approval; or environmental mitigation.

B.

Contribution to City-Funded Program.

1.

For every five percent of construction valuation, as determined by the Chief Building Official or designee, contributed to a City-funding program, the applicant shall be permitted one development incentive.

2.

As participation in the Community Benefits Program is optional for developers, the funds collected through this option are not considered impact fees (as defined by State law) and, therefore, are not subject to any State-imposed timelines for spending or restrictions for their use.

3.

Applicants may choose to contribute directly to any of the following programs:

a.

Affordable Housing Fund for the production, preservation, or protection of affordable housing.

b.

Waterfront Marina Fund for the implementation of the Waterfront Marina Trust Lands Use Plan.

C.

On-Site Community Benefits.

1.

For every three percent of construction valuation, as determined by the Chief Building Official or designee, provided as an on-site community benefit(s), the applicant shall be permitted one development incentive.

2.

The applicant assumes the full cost of building and the property owner(s) and their successors are responsible for maintaining and operating the on-site community benefit. The privately owned physical improvements shall be permanent, subject to a recorded covenant approved as to form by the City Attorney, and enforceable by the City.

3.

The applicant may propose the location and any other specifics of these improvements, subject to City approval.

4.

Applicants may choose to include any of the following on-site community benefits:

a.

Restoration or rehabilitation of historically significant structures of local, State, or federal importance, including, but not limited to, preparation of a Historic Resources Evaluation and implementation of any recommended measures.

b.

Leadership in Energy and Environmental Design ("LEED") certification from the United States Green Building Council or equivalent certification approved by the Planning Manager or designee.

c.

Publicly accessible, privately owned open space.

d.

Publicly available parking spaces within a new parking structure.

e.

Trail or open space easement for use by public.

f.

Public art subject to the City of Martinez's Public Art Policy (City Council Resolution 123-22).

g.

Implementation of Universal Design and Accessibility standards, as provided in Chapter 15.34 of the Martinez Municipal Code.

D.

Off-Site Community Benefits.

1.

For every three percent of construction valuation, as determined by the Chief Building Official or designee, provided as an off-site community benefit(s), the applicant shall be permitted one development incentive.

2.

All off-site improvements shall be constructed and maintained by the applicant and owned by the City.

3.

All off-site improvements shall be constructed within 500 feet of the proposed project parcel(s).

4.

The applicant may propose the precise location and any other specifics of these improvements, so long as they have a nexus to the proposed project as determined by the City.

5.

Applicants may choose to include any of the following off-site community benefits:

a.

Right-of-way improvements.

b.

Façade improvements.

c.

Utility undergrounding.

E.

Flexible Community Benefits.

1.

Should an applicant request to provide a community benefit not explicitly provided in this chapter, then the applicant may file for a request, subject to the City Council determining the community benefit is commensurate or greater than the community benefits outlined in this chapter.

2.

The applicant shall be permitted one development incentive for every three percent of project construction valuation, as determined by the Chief Building Official or designee, of the provided community benefit.

F.

Combining On-and Off-Site Community Benefits. In the event a proposed on-or off-site community benefit could be constructed without meeting the required three percent construction valuation threshold, additional community benefits shall be provided to fulfill the minimum community benefit requirements, subject to City approval.

Alternatively, in the event an applicant elects to contribute to a City-funded program instead of an on-or off-site community benefit to fulfill the minimum community benefit requirements, that missing difference must be equivalent to the five percent requirement.

(Ord. No. 1463, § XIX, 10-23-2024)

To grant a development incentive as prescribed in this chapter, the following findings must be made in addition to the findings required by Section 22.40.070:

A.

That the proposed project will provide community benefits sufficient to satisfy the requirements provided in this chapter.

B.

That the proposed community benefits for the project are significant and beyond what would otherwise be required for the project under applicable rules and regulations, conditions of approval, and/or environmental review mitigation measures.

C.

That the proposed community benefits for the project are acceptable and appropriate, and will provide tangible benefits to the community.

(Ord. No. 1463, § XIX, 10-23-2024)

A.

Review Authority. Applications requesting to use the provisions from this chapter shall be acted on by the respective review authority associated with the applicable requirements provided in Title 22, unless the applicant seeks use of a flexible community benefit.

B.

Duration of Entitlement. The entitlement of development incentives and community benefits shall be the same as the duration of the approval for the respective project.

C.

Application Requirements. Applicants requesting to use the provisions from this chapter shall submit the associated Planning Application with the following information:

1.

A list of requested development incentives, including any calculations related to density bonuses such as base unit density, number of bonus units, and number of affordable housing units.

2.

Selected community benefits from Section 22.81.060, including:

a.

Preliminary construction valuation in a manner determined by the Chief Building official or designee, if applicable.

b.

Preliminary materials and labor costs associated with any improvements used to secure development incentives, if applicable.

3.

Written response to findings described in Section 22.81.070.

4.

Completed Waiver of Rights to utilize State Density Bonus Law form.

D.

Fees. All fess associated with community benefits shall be paid prior to the issuance of a Building Permit.

E.

Environmental Review. The environmental review for any project proposing a community benefit that is integrated as a part of a project, that community benefit shall be adequately included as part of the project's environmental review process. If the proposed community benefit will be integrated off site and constructed separately, separate environmental review shall occur.

(Ord. No. 1463, § XIX, 10-23-2024)

TITLE 22 FOOTNOTES

1.

For statutory provisions pertaining to planning in general, see Gov. Code § 65000 et seq.; for provisions authorizing cities to regulate the use of land and buildings, see Gov. Code § 65850; for statutory provisions requiring a City to adopt a General Plan, see Gov. Code § 65300; for provisions regarding underground utilities see Ch. 13.28; for sign provisions, see Title 16, for environmental control, see Title 20.

2.

Flexibility provision permitting office and retail commercial to develop in C-R zones.