Martinez City Zoning Code

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

The waiver or reduction of the development standard would be contrary to state or federal law.

Site plan, drawn to scale, including building footprints, driveway(s), and parking layout;

A brief written description of the proposed housing development;

The zoning, general plan designations, and assessor's parcel number(s) of the project site;

The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms;

The total number of units proposed to be granted through the density bonus over and above the otherwise maximum density for the project site;

The total number of units to be made affordable to or reserved for sale, or rental to, extremely low-, very low-, low-, or moderate-income households, or senior citizens, or other qualifying households;

Calculations demonstrating the proposed project's consistency with applicable zoning density regulations and bonus percentages;

A written description of any requested incentives, concessions, waivers, or modification of development standards, or modified parking standards. For all incentives and concessions, except mixed-use development, the application shall include evidence deemed sufficient by the City that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall include evidence deemed sufficient by the City that the waiver or modification is necessary to make the housing units economically feasible and that the development standard from which a waiver or modification is requested will have the effect of precluding the construction of the housing development at the densities to which the applicant is entitled pursuant to this Chapter and with the concessions and incentives permitted by this Chapter; and

The proposed method of ensuring the continued availability of the density bonus units, consistent with Section 22.80.060;

If a density bonus is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions pursuant to Government Code Section 65915(g)(2)(A through H) are met; and

If a density bonus or incentive or concession is requested for a childcare facility pursuant to Government Code Section 65915(h), then the application shall show the location and square footage of the childcare facility and provide evidence that the community lacks adequate child care facilities.

If the density bonus is based all or in part on a donation of land, the conditions of Government Code Section 65915(g)(2)(A through H) are met.

If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, that the conditions included in Government Code Section 65915(h)(2)(A) and (B) are met.

If the incentive or concession includes mixed use development, the finding included in Government Code Section 65915(k)(2) are met.

If a waiver or modification of a development standard is requested, then the applicant has demonstrated, for each requested concession or incentive that such concession or incentive is necessary to make the housing units economically feasible and that the development standards from which a waiver or modification is requested will otherwise have the effect of precluding the construction of a housing development at the densities to which the applicant is entitled pursuant to this Chapter or with the concessions and incentives permitted by this Chapter. Consistent with Government Code Section 65915(a)(2), if additional and reasonable documentation is needed to support a request for a concession, incentive, or waiver, then the City may request additional analysis at the cost of the applicant.

The concession or incentive does not result in identifiable and actual cost savings to provide affordable housing costs or for rents for the targeted units, consistent with Government Code Section 65915.

The concession or incentive would have a specific adverse impact upon public health, safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to extremely low-, very low-, low-, or moderate-income households. For purposes of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to extremely low-, very low-, low-, or moderate-income households. For purposes of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

The waiver or modification would have an adverse impact on any real property listed in the California Register of Historical Resources.

A description of the residential development, including whether the housing units which qualify the housing development for a density bonus will be rented or owner-occupied;

The number, size, and location of the housing units which qualify the housing development for a density bonus;

Provisions and/or documents for resale restrictions, deeds of trust, right of first refusal, or rental restrictions;

Provisions for monitoring the ongoing affordability of the housing units which qualify the housing development for a density bonus, and the process for qualifying prospective resident households for income eligibility; and

Any additional obligations relevant to compliance with this Chapter.