Chapter 22.78 — LOT CONSOLIDATION INCENTIVES

The purpose of this chapter is to provide incentives for the consolidation of lots to facilitate and encourage denser, higher-quality development.

(Ord. No. 1464, § III, 10/23/2024)

The lot consolidation incentives contained in this chapter are available to development projects in all zoning districts within the City, except for single-family residential developments and developments in the Protected Open Space and Parks Overlay, Open Space zoning district, or Recreational Facilities zoning district. To take advantage of a lot consolidation incentive, the proposed development must take place on a lot which has been consolidated under this program and an application for development on the resulting parcel must be submitted concurrently with the lot consolidation.

(Ord. No. 1464, § III, 10/23/2024)

The following incentives are provided to incentivize lot consolidation:

• A. Waiver of the Planning Division's Lot Merger Fee.

• B. Expedited review of planning entitlement application, excluding environmental review and tribal consultation—90 days for residential projects with fewer than 75 units or for nonresidential projects measuring less than 50,000 square feet and 120 days for residential projects with 75 units or greater or for nonresidential projects measuring 50,000 square feet or greater. The review period for planning entitlements begins when an application is deemed complete by the Planning Division.

• C. A reduction in required private outdoor space, up to a maximum of 25 percent beneath the minimum requirement.

• D. An allowance for up to ten percent of all required off-street parking spaces to be converted to motorcycle and long-term bicycle parking spaces, rather than vehicular off-street parking spaces.

• E. An allowance for up to 50 percent of all required off-street parking spaces to be compact parking spaces.

• (Ord. No. 1464, § III, 10/23/2024)

Applications for lot consolidation incentives shall be completed, filed, and processed in accordance with this chapter. Applications for lot consolidation incentives 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 the proposed development takes place on a lot which has been consolidated. The review authority required by the discretionary planning application shall

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City of Martinez, CA

MARTINEZ CODE

§ 22.78.040

§ 22.78.080

review any application for lot consolidation incentives, and shall grant such incentives unless the review authority makes the findings outlined in Section 22.78.050. (Ord. No. 1464, § III, 10/23/2024)

• A. Lot consolidation incentives as outlined in Section 22.78.030 shall be granted unless, on the basis of substantial evidence, the review authority makes either of the following findings:

  1. The incentives 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 incentives would be contrary to state or federal law.

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

Approved lot consolidation incentives 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. Any approved incentives 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. Lot consolidation incentives may be renewed pursuant to the approved conditions of approval for the project and in alignment with any extensions granted to the associated entitlement.

(Ord. No. 1464, § III, 10/23/2024)

Lot consolidation incentives 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 shall be deemed null and void.

(Ord. No. 1464, § III, 10/23/2024)

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City of Martinez, CA