SPECIAL SET HEARING ON: PETITION FOR WRIT OF MANDATE

SET BY THE COURT

* TENTATIVE RULING: *

The Petition for a Peremptory Writ of Mandate compelling the City of Lafayette to either rescind Ordinance No. 641 or place on the ballot a properly qualified referendum is denied.

Factual Background

The instant Petition arises out of the proposed development of 3233 Deer Hill Road (the “Property”) in the City of Lafayette (the “City”). The facts relevant to disposition of the Petition are not disputed.

On August 19, 2015, the City adopted Resolution 2015-50 amending the general plan to change the land use designation of the Property from Administrative/Professional Office/Multifamily Residential to Low Density Single Family Residential (“LDSFR”). This general plan amendment was not challenged and the land use designation of the Property is LDSFR.

On September 14, 2015, the City approved Ordinance number 641, which, in part, rezoned the Property from Administrative/Professional Offices (“