Lafayette Municipal Code Art. 7 Procedures for the Granting of Exceptions Under This Chapter

This article governs the procedure for the grant of an exception under Sections 6-2023 and 6-2024. The provisions of Articles 1, 2 and 3 of Chapter 6-2 of this code (Sections 6-201 through 6-238) governing applications and permits apply to the grant of an a exception under this article to the extent those provisions are not inconsistent with this article.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

(a) The city shall prescribe the form of application requesting the grant of an exception under this chapter. The applicant shall be required to pay all costs of the city's processing of the application including verification of the information submitted and economic analysis.

(b) The applicant shall provide information that sets forth the basis upon which the applicant believes that the exception is necessary to provide the property with economically viable use. This information shall include each of the following:

(1) Basis for application.

(A) Date of acquisition of the property;

(B) Purchase price of the property; and

(C) An explanation of how the exception is necessary to avoid depriving the property of all economically viable use and the extent to which the exception is necessary to avoid an unconstitutional taking of property.

(2) Economic data: 6-2082

(A) Current market value of the property;

(B) Dates and amounts of invested capital following acquisition of the property;

(C) Description and amount of each assessment imposed upon the property for public improvements;

(D) Existing activities for the property;

(E) Planned activities for the property including the timing for development;

(F) Market value claimed if the exception is denied; and

(G) Portion of the property retaining economic use if the exception is not granted.

(3) 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.)

(4) 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.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The city shall give notice of the filing of an application in the manner prescribed by Section 6-211 and shall be given by posting and mailing as prescribed in Section 6-211(a), (2) and (3) of the Lafayette Municipal Code.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The planning commission shall act on the original application with the right of an aggrieved party to appeal the decision of the planning commission to the city council.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

In acting upon an application, the planning commission shall consider, among other matters, each of the following:

(a) Present use of the property and duration of that use, including:

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

(2) Each use to which the property was put;

(b) Fair market value of the property before the restriction that is the subject of the exception application imposed;

(c) Alternate uses that are available for the property; and

(d) The fair market value of the property if the exception is denied.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The planning commission shall make its decision based on the evidence presented to it. The decision shall be in writing with specific findings on the economic impact of the application of the restriction for which the exception is requested.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

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

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)