Lafayette Municipal Code Art. 2 Notices, Hearings and Findings

The planning director shall give the notice of public hearing required by law. The form of the notice shall contain:

(a) The time and place of the hearing;

(b) A general explanation of the matter to be considered, including a general description of the area affected; and

(c) Other information the planning director considers necessary or desirable.

(Ord. 101 § 1 (part), 1973)

The notice requirement is as follows:

(a) For a public hearing on an application for rezoning, adoption of land use regulation authorized under Government Code Section 65850, approval of tentative subdivision map, approval of minor subdivision map, land use permit, or site plan and building elevations approval:

(1) Publication of a notice once at least ten calendar days before the hearing in a newspaper of general circulation published and circulated in the city;

(2) Posting at least ten calendar days before the hearing in at least three conspicuous places at a distance of not less than 100 feet apart and in close proximity to the exterior boundaries of the subject property; and

(3) Mailing notice postage prepaid and at least ten calendar days before the hearing to owners of property which is contiguous to the subject property, and to the owners of other property which, in the opinion of the planning director, is directly affected by the proposal. Failure of any property owner to receive notice shall not invalidate the proceedings. The planning director may use names and addresses either (A) from the last equalized assessment roll, (B) from other records of the assessor or tax collector as contain more recent addresses, or (C) as known to him as being more recent or current.

(b) For a public hearing on an application for a variance permit, the notice is by posting and mailing as required under subparagraphs (2) and (3) of subsection (a) of this section. Publication is not required.

(Ord. 101 § 1 (part), 1973)

The city council shall adopt rules governing the conduct of public hearings by the zoning administrator, the planning commission and the city council. Each may supplement the rules prescribed by the city council by adopting such additional rules as it determines necessary or convenient. The public hearing shall be conducted in accordance with the rules governing the conduct of hearings by the zoning administrator, the planning commission or the city council, as the case may be. Each person interested in the matter shall be given an opportunity to be heard. In each case the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal.

(Ord. 101 § 1 (part), 1973)

Before making its recommendation on the application for (1) change of land use district applicable to the subject property or (2) change in the text of land use regulations, the planning commission shall determine whether or not:

(a) The change proposed is consistent with the general plan and each element of it;

(b) In the case of a general land use regulation, the proposed change is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed; and with the regulations for other land use districts; and

(c) Community need is demonstrated for the change proposed.

(Ord. 101 § 1 (part), 1973)

(a) A variance is a modification of the requirements of zoning regulations as to lot area, lot coverage, width, depth, side yard, rear yard, setback, parking requirements, height of building, or other regulation affecting the size, shape or design of a lot or the placement of buildings on it. A variance may only be granted when:

(1) Because of special circumstances concerning the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same land use district;

(2) The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same land use district; and

(3) The variance substantially complies with the intent and purpose of the land use district in which the property is classified.

(b) The granting authority must make specific findings that each of the standards described in subsection (a) of this section is met before it may grant the variance.

(Ord. 101 § 1 (part), 1973)

(a) A land use permit is an authorization for a use consistent with other permitted uses in the applicable zoning district. It may be granted only after a public hearing and determination that the particular use sought is appropriate to the specific location. A land use permit may be granted only when the proposed land use:

(1) Is not detrimental to the health, safety and general welfare of the city;

(2) Will not adversely affect the orderly development of property within the city;

(3) Will not adversely affect the preservation of property values and the protection of the tax base within the city;

(4) Is consistent with the general plan and each element of it and will not adversely affect the policies and goals set forth in the general plan;

(5) Will not create a nuisance or enforcement problem within the neighborhood;

(6) Will not encourage marginal development within the neighborhood; and

(7) Is consistent with the purpose section of the zoning district in which it is located.

(b) The granting authority must make specific findings that each of these standards is met before it may grant the land use permit.

(Ord. 359 § 1 (C), 1987: Ord. 101 § 1 (part), 1973)

The findings necessary for approval of the tentative map for a subdivision or a minor subdivision map are the same as set forth in Section 6-215 for granting a land use permit. In addition, a tentative subdivision map and a minor subdivision map shall be denied approval if the approving authority makes any finding set forth in Business and Professions Code Section 11549.5.

(Ord. 101 § 1 (part), 1973)

The zoning administrator or the planning commission acting on the original application, and the planning commission or the city council acting on an appeal, may impose such reasonable conditions to (a) the approval of a tentative subdivision map, minor subdivision map or site plan and building elevations, or (b) the grant of a land use permit or variance, as it considers necessary to carry out the purpose and intent of this title and comply with the general plan and each of its elements. The conditions which may be imposed include but are not limited to dedication of right-of-way, construction of public facilities and other improvements, detailed plan approval, architectural standards, access controls, time limitation, phasing of improvements, planting and screening.

(Ord. 101 § 1 (part), 1973)

The city council may, pursuant to a written and recorded agreement between the city and all owners of record of the property, impose reasonable conditions to the land use reclassification of property, where it finds that the conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city.

(Ord. 101 § 1 (part), 1973)