Article 11 — Procedure for Requesting a Reduction in the Minimum Lot Area in the Low…

If an owner of property claims that the application of the minimum lot area in the L-R-10 district as applied to that property deprives the owner of the economic use of the property to the extent that its application is a taking under either the state or federal constitution or both, the owner may request a reduction in the minimum lot area of the property to a size that would not deprive the owner of the economically viable use of the property. An owner, however, may not request a reduction in the minimum lot area that is less than the minimum lot area that applied to the property before the ten-acre minimum was imposed.

(Ord. 531 § 1, 2002)

An application requesting a reduction in the minimum lot area shall be on a form prescribed by the city and accompanied by a fee prescribed by city council resolution.

(Ord. 531 § 1, 2002)

An applicant for a reduction in the minimum lot area of ten acres shall provide the basis upon which the applicant believes the ten-acre minimum prevents the economically viable use of the property. The information shall include the following:

(a)

Basis for application.

(1)

Brief description of the property together with a map or plat;

(2)

Date of acquisition of the property;

(3)

Purchase price of the property;

(4)

General plan and zoning designations for the property at the time of acquisition; and

(5)

An explanation of how the application of the ten-acre minimum lot area would deprive the applicant of the economically viable use of the property.

(b)

Property information.

(1)

A map drawn to scale showing both the property for which the reduction in minimum lot area is requested and the property lines for the properties within 500 feet of the exterior boundary lines of the subject property;

(2)

A conceptual plan showing how the property could be developed in accordance with the ten-acre minimum lot area standard;

(3)

Names and mailing addresses for each person holding an interest in or encumbrance on the subject property including a lessee;

(4)

Copy of each recorded restriction and every document defining or affecting control or use of the property;

(5)

A map indicating all property owners within a 300-foot radius of the exterior boundaries of the subject property; and

(6)

A description and analysis of the alternate allowable uses under the L-R-10 zoning.

(c)

Economic data.

(1)

The dates and amounts of invested capital following acquisition of the property;

(2)

The description and amount of each assessment, if any, imposed upon the property for public improvements;

(3)

Actual and planned activities for the property with documentation as to their nature and timing;

(4)

The value of the parcel at the time the taking was said to have occurred;

(5)

The time period of the loss;

(6)

The portion of the property retaining economic use, if any;

(7)

The applicant's ability to carry out the uses and activities intended for the property;

(8)

The market conditions that created the opportunities that are prevented by the ten-acre minimum lot area standard; and

(9)

The reduced profits caused by the imposition of the ten-acre minimum lot area standard, including the assumptions underlying the estimates.

(d)

Additional information.

Such additional information as the city may request in order to take action on the request. The applicant shall cooperate with city requests for financial information regarding the property. Confidential business information provided by an applicant to the city shall remain confidential consistent with the requirements of the Public Records Act (Government Code § 6250 et seq.)

(e)

Consultants and experts.

The name, address and occupation of each consultant and expert providing information or in any way assisting in the preparation of the application shall be provided.

(Ord. 531 § 1, 2002)

The application shall be accompanied by and processed concurrently with an application requesting a amendment to the general plan and a change in zoning to the minimum lot area requested.

(Ord. 531 § 1, 2002)

The city may retain an economic consultant to evaluate the basis upon which the applicant claims that the minimum lot area standard deprives the owner of the economically viable use of the property. The applicant shall pay the fees for the retention of such consultant.

(Ord. 531 § 1, 2002)

The city shall give notice of the filing of an application to reduce the minimum lot area in the manner prescribed in section 6-210. The notice shall also fix the time and place of each hearing on the request as required by section 6-7227 and shall be given by posting and mailing as prescribed in section 6-211.

(Ord. 531 § 1, 2002)

The application shall be heard initially by the appeals hearing board after the giving of notice. The board shall, at the conclusion of the hearing, make its findings and recommendation and forward them to the planning commission for its consideration as part of the general plan amendment and zoning change request. The planning commission shall hold a hearing and make its findings and recommendation and forward them to the city council for its consideration as part of the general plan amendment and zoning change request. The city council is the decision-making body on the request. It shall hold a hearing and thereafter make its findings and decision.

(Ord. 531 § 1, 2002)

In acting upon an application, the hearing body shall consider among other matters, the following:

(a)

Characteristics of the property, including:

(1)

Size, shape and location;

(2)

Topography, geology and available information relating to soils;

(b)

Details of the applicant's acquisition of the property, including:

(1)

Date of purchase;

(2)

Purchase price;

(3)

Nature of title;

(4)

Activities planned for the use of the property at the time of acquisition;

(c)

General plan designation and zoning at time of acquisition;

(d)

Allowable uses at time of acquisition;

(e)

Present use of the property and duration of that use;

(f)

History of the land use of the property preceding acquisition, including:

(1)

Each general plan designation and zoning classification applied to the property;

(2)

Each use to which the property was put;

(g)

Fair market value of the property before the ten-acre minimum lot area was applied; and

(h)

Fair market value of the parcel after the ten-acre minimum lot area was applied.

(Ord. 531 § 1, 2002)

Each hearing body shall make its recommendation or decision, as the case may be, based on the evidence presented to it. The recommendation and decision shall be in writing with specific findings on the following:

(a)

What were the reasonable investment-backed expectations of the applicant; and

(b)

What was the economic impact of the application of the ten-acre minimum lot area on the subject property

The findings must be supported by substantial evidence in the record before the hearing body.

(Ord. 531 § 1, 2002)

The time limit for judicial review of the city council's decision on the application is governed by Code of Civil Procedure § 1094.6(b).

(Ord. 531 § 1, 2002)