Chapter 22.79 — DEVELOPMENT PHASING FACILITATION MEASURES

The purpose of this chapter is to provide facilitation measures for the phasing of large development projects that otherwise may not be feasible, without, at a minimum, an expansion of duration for phased entitlements.

(Ord. No. 1464, § IV, 10/23/2024)

The development phasing facilitation measures contained in this chapter are available to development projects in all zoning districts within the City, except for single-family residential projects. To take advantage of a development phasing facilitation measure, a project must have two or more distinct phases. A phase is defined as a portion of a development project planned and designed to be implemented and completed independently of other portions, with distinct timelines and construction sequences. Each phase shall include a coherent set of improvements and amenities, such as separate buildings, that can stand alone functionally and aesthetically. (Ord. No. 1464, § IV, 10/23/2024)

The following measures are provided to facilitate development phasing:

• A. An initial two-year duration for all planning entitlements for any phased project, rather than one year, except for projects approved subject to the Subdivision Map Act, which shall receive an initial three-year duration for all planning entitlements.

• B. The proportioning of impact fees by project phase, rather than paying all impact fees at the onset of the project.

• (Ord. No. 1464, § IV, 10/23/2024)

• A. The proportioning of impact fees by phase shall be determined by the City Engineer or designee.

• B. All required on-site and off-site improvements shall be completed with the first phase of any development taking advantage of development phasing facilitation measures, except as waived by the Community and Economic Development Director and the City Engineer, or designee(s) or specified in the conditions of approval adopted by the review authority.

• C. The maximum amount of time that can elapse between an approved final inspection of one phase of a project and building permit issuance for a subsequent phase of a project is one year. This time may be extended up to six months by the Community and Economic Development Director or designee upon the applicant demonstrating due diligence to obtain said permit.

• D. Projects with two phases have a maximum of six years to complete all phases. Projects with three or four phases have a maximum of eight years to complete all phases. Projects with five or more phases have a maximum of ten years to complete all phases. The maximum

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City of Martinez, CA

MARTINEZ CODE

§ 22.79.040

§ 22.79.080

time begins with the issuance of a building permit for the first phase. (Ord. No. 1464, § IV, 10/23/2024)

Applications for development phasing facilitation measures shall be completed, filed, and processed in accordance with this chapter. Applications for development phasing facilitation measures shall be processed concurrently with a discretionary planning application for development and cannot be applied for or granted in the absence of a proposed development. It is the responsibility of the applicant to provide documentation proving that the proposed development has distinct phases. The review authority required by the discretionary planning application shall review any application for development phasing facilitation measures, and shall grant such facilitation measures unless the review authority makes the findings outlined in Section 22.79.060.

(Ord. No. 1464, § IV, 10/23/2024)

• A. Development phasing facilitation measures as outlined in Section 22.79.030 shall be granted unless, on the basis of substantial evidence, the review authority makes either of the following findings:

  1. The facilitation measures would have a specific adverse impact (as defined in California Government Code Section 65623(a)(2)) upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, in the National Register of Historic Places, or in a local historic register and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. The facilitation measures would be contrary to state or federal law.

(Ord. No. 1464, § IV, 10/23/2024)

Within ten days following the date of a decision of the review authority, the decision may be appealed to the Zoning Administrator, Planning Commission, or City Council, as applicable, by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Planning Division, along with the applicable fee, and shall be filed with the City Clerk. The appeal shall state specifically wherein the project approval or denial is not supported by the evidence in the record.

(Ord. No. 1464, § IV, 10/23/2024)

Approved development phasing facilitation measures shall form part of the planning application with which they are associated and last only as long as the entitlement associated with the planning application and as specified in Section 22.79.030.A and 22.79.040.D. Any approved facilitation measures will terminate and become null and void upon the expiration of the entitlement unless a building permit is issued and construction is commenced on the site. Development phasing facilitation measures may be renewed pursuant to the approved conditions of approval for the project and in alignment with any extensions granted to the associated

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City of Martinez, CA

ZONING

§ 22.79.080

§ 22.79.090

entitlement. (Ord. No. 1464, § IV, 10/23/2024)

Development phasing facilitation measures granted subject to a condition or conditions of approval shall be revoked if the condition or conditions are not satisfied. The revocation process will be initiated by the Planning Manager or designee upon identifying non-compliance with the stipulated conditions. A notice of intent to revoke will be issued to the applicant, who will have an opportunity to remedy the non-compliance within a specified period. If the conditions remain unmet, the Planning Manager or designee shall finalize the revocation, and the incentives or facilitation measures shall be deemed null and void.

(Ord. No. 1464, § IV, 10/23/2024)

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City of Martinez, CA