| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 808Introduced by Senator CaballeroFebruary 21, 2025 An act to add Sections 46 and 1094.9 to the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTSB 808, as introduced, Caballero. Civil Actions: writs: housing development projects.Existing law sets forth an expedited procedure for judicial review of decisions by a local public agency regarding the issuance, revocation, suspension, or denial of a permit involving expressive conduct protected by the First Amendment to the United States Constitution, as specified.This bill would provide similar expedited judicial review for denials of permits or other entitlements for housing development projects or residential units at the trial and appellate level, as specified. The bill would require local agencies, upon the request of an applicant for a permit, to compile a record of its proceedings as they occur and to certify the record within 15 days of the service of a writ. The bill would require that a hearing be set no later than 45 days after the filing of the writ and that the court issue a decision no later than 30 days after the matter is submitted or 75 days after the writ was filed, whichever is earlier. The bill would require the temporary assignment of judicial officers to ensure the timelines are met.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 46 is added to the Code of Civil Procedure, to read:46. Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court.SEC. 2. Section 1094.9 is added to the Code of Civil Procedure, to read:1094.9. (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d).(b) For purposes of this section, the following definitions shall apply:(1) Housing development project has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit.(2) Applicant means a party that has submitted an application or requested a permit for a housing development project.(3) Public agency means a city, county, city and county, district, or other local authority.(4) Disapproves the housing development project means to disapprove the housing development project as defined in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code.(c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial.(d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.(1) An action brought by an applicant under this section shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate.(2) Upon request of the applicant, the local agency shall prepare the record of its proceedings concurrently with the local agencys proceedings.(A) This record of proceedings shall include, at a minimum, the local agencys decision, filings, notices, orders, transcripts of the local agencys administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit.(B) The local agency shall certify the record of proceedings no later than 15 days after a petition for writ of mandate is served.(C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.(3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed:(A) By the petitioner with the petition or petitioners points and authorities.(B) By the respondent with respondents points and authorities.(C) After payment of costs by the petitioner, or:(D) As otherwise directed by the court.If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.(4) An applicant bringing an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type:ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE. (5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date.(6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.(e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 808Introduced by Senator CaballeroFebruary 21, 2025 An act to add Sections 46 and 1094.9 to the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTSB 808, as introduced, Caballero. Civil Actions: writs: housing development projects.Existing law sets forth an expedited procedure for judicial review of decisions by a local public agency regarding the issuance, revocation, suspension, or denial of a permit involving expressive conduct protected by the First Amendment to the United States Constitution, as specified.This bill would provide similar expedited judicial review for denials of permits or other entitlements for housing development projects or residential units at the trial and appellate level, as specified. The bill would require local agencies, upon the request of an applicant for a permit, to compile a record of its proceedings as they occur and to certify the record within 15 days of the service of a writ. The bill would require that a hearing be set no later than 45 days after the filing of the writ and that the court issue a decision no later than 30 days after the matter is submitted or 75 days after the writ was filed, whichever is earlier. The bill would require the temporary assignment of judicial officers to ensure the timelines are met.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 808 |
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| 15 | 15 | | Introduced by Senator CaballeroFebruary 21, 2025 |
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| 17 | 17 | | Introduced by Senator Caballero |
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| 18 | 18 | | February 21, 2025 |
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| 20 | 20 | | An act to add Sections 46 and 1094.9 to the Code of Civil Procedure, relating to civil actions. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 808, as introduced, Caballero. Civil Actions: writs: housing development projects. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law sets forth an expedited procedure for judicial review of decisions by a local public agency regarding the issuance, revocation, suspension, or denial of a permit involving expressive conduct protected by the First Amendment to the United States Constitution, as specified.This bill would provide similar expedited judicial review for denials of permits or other entitlements for housing development projects or residential units at the trial and appellate level, as specified. The bill would require local agencies, upon the request of an applicant for a permit, to compile a record of its proceedings as they occur and to certify the record within 15 days of the service of a writ. The bill would require that a hearing be set no later than 45 days after the filing of the writ and that the court issue a decision no later than 30 days after the matter is submitted or 75 days after the writ was filed, whichever is earlier. The bill would require the temporary assignment of judicial officers to ensure the timelines are met. |
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| 29 | 29 | | |
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| 30 | 30 | | Existing law sets forth an expedited procedure for judicial review of decisions by a local public agency regarding the issuance, revocation, suspension, or denial of a permit involving expressive conduct protected by the First Amendment to the United States Constitution, as specified. |
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| 31 | 31 | | |
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| 32 | 32 | | This bill would provide similar expedited judicial review for denials of permits or other entitlements for housing development projects or residential units at the trial and appellate level, as specified. The bill would require local agencies, upon the request of an applicant for a permit, to compile a record of its proceedings as they occur and to certify the record within 15 days of the service of a writ. The bill would require that a hearing be set no later than 45 days after the filing of the writ and that the court issue a decision no later than 30 days after the matter is submitted or 75 days after the writ was filed, whichever is earlier. The bill would require the temporary assignment of judicial officers to ensure the timelines are met. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 46 is added to the Code of Civil Procedure, to read:46. Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court.SEC. 2. Section 1094.9 is added to the Code of Civil Procedure, to read:1094.9. (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d).(b) For purposes of this section, the following definitions shall apply:(1) Housing development project has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit.(2) Applicant means a party that has submitted an application or requested a permit for a housing development project.(3) Public agency means a city, county, city and county, district, or other local authority.(4) Disapproves the housing development project means to disapprove the housing development project as defined in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code.(c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial.(d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.(1) An action brought by an applicant under this section shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate.(2) Upon request of the applicant, the local agency shall prepare the record of its proceedings concurrently with the local agencys proceedings.(A) This record of proceedings shall include, at a minimum, the local agencys decision, filings, notices, orders, transcripts of the local agencys administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit.(B) The local agency shall certify the record of proceedings no later than 15 days after a petition for writ of mandate is served.(C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.(3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed:(A) By the petitioner with the petition or petitioners points and authorities.(B) By the respondent with respondents points and authorities.(C) After payment of costs by the petitioner, or:(D) As otherwise directed by the court.If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.(4) An applicant bringing an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type:ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE. (5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date.(6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.(e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 43 | 43 | | |
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| 44 | 44 | | SECTION 1. Section 46 is added to the Code of Civil Procedure, to read:46. Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court. |
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| 45 | 45 | | |
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| 46 | 46 | | SECTION 1. Section 46 is added to the Code of Civil Procedure, to read: |
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| 47 | 47 | | |
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| 48 | 48 | | ### SECTION 1. |
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| 49 | 49 | | |
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| 50 | 50 | | 46. Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court. |
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| 51 | 51 | | |
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| 52 | 52 | | 46. Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court. |
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| 53 | 53 | | |
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| 54 | 54 | | 46. Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court. |
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| 58 | 58 | | 46. Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court. |
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| 59 | 59 | | |
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| 60 | 60 | | SEC. 2. Section 1094.9 is added to the Code of Civil Procedure, to read:1094.9. (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d).(b) For purposes of this section, the following definitions shall apply:(1) Housing development project has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit.(2) Applicant means a party that has submitted an application or requested a permit for a housing development project.(3) Public agency means a city, county, city and county, district, or other local authority.(4) Disapproves the housing development project means to disapprove the housing development project as defined in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code.(c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial.(d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.(1) An action brought by an applicant under this section shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate.(2) Upon request of the applicant, the local agency shall prepare the record of its proceedings concurrently with the local agencys proceedings.(A) This record of proceedings shall include, at a minimum, the local agencys decision, filings, notices, orders, transcripts of the local agencys administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit.(B) The local agency shall certify the record of proceedings no later than 15 days after a petition for writ of mandate is served.(C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.(3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed:(A) By the petitioner with the petition or petitioners points and authorities.(B) By the respondent with respondents points and authorities.(C) After payment of costs by the petitioner, or:(D) As otherwise directed by the court.If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.(4) An applicant bringing an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type:ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE. (5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date.(6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.(e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. |
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| 62 | 62 | | SEC. 2. Section 1094.9 is added to the Code of Civil Procedure, to read: |
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| 64 | 64 | | ### SEC. 2. |
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| 66 | 66 | | 1094.9. (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d).(b) For purposes of this section, the following definitions shall apply:(1) Housing development project has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit.(2) Applicant means a party that has submitted an application or requested a permit for a housing development project.(3) Public agency means a city, county, city and county, district, or other local authority.(4) Disapproves the housing development project means to disapprove the housing development project as defined in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code.(c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial.(d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.(1) An action brought by an applicant under this section shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate.(2) Upon request of the applicant, the local agency shall prepare the record of its proceedings concurrently with the local agencys proceedings.(A) This record of proceedings shall include, at a minimum, the local agencys decision, filings, notices, orders, transcripts of the local agencys administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit.(B) The local agency shall certify the record of proceedings no later than 15 days after a petition for writ of mandate is served.(C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.(3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed:(A) By the petitioner with the petition or petitioners points and authorities.(B) By the respondent with respondents points and authorities.(C) After payment of costs by the petitioner, or:(D) As otherwise directed by the court.If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.(4) An applicant bringing an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type:ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE. (5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date.(6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.(e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. |
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| 68 | 68 | | 1094.9. (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d).(b) For purposes of this section, the following definitions shall apply:(1) Housing development project has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit.(2) Applicant means a party that has submitted an application or requested a permit for a housing development project.(3) Public agency means a city, county, city and county, district, or other local authority.(4) Disapproves the housing development project means to disapprove the housing development project as defined in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code.(c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial.(d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.(1) An action brought by an applicant under this section shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate.(2) Upon request of the applicant, the local agency shall prepare the record of its proceedings concurrently with the local agencys proceedings.(A) This record of proceedings shall include, at a minimum, the local agencys decision, filings, notices, orders, transcripts of the local agencys administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit.(B) The local agency shall certify the record of proceedings no later than 15 days after a petition for writ of mandate is served.(C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.(3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed:(A) By the petitioner with the petition or petitioners points and authorities.(B) By the respondent with respondents points and authorities.(C) After payment of costs by the petitioner, or:(D) As otherwise directed by the court.If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.(4) An applicant bringing an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type:ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE. (5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date.(6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.(e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. |
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| 69 | 69 | | |
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| 70 | 70 | | 1094.9. (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d).(b) For purposes of this section, the following definitions shall apply:(1) Housing development project has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit.(2) Applicant means a party that has submitted an application or requested a permit for a housing development project.(3) Public agency means a city, county, city and county, district, or other local authority.(4) Disapproves the housing development project means to disapprove the housing development project as defined in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code.(c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial.(d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.(1) An action brought by an applicant under this section shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate.(2) Upon request of the applicant, the local agency shall prepare the record of its proceedings concurrently with the local agencys proceedings.(A) This record of proceedings shall include, at a minimum, the local agencys decision, filings, notices, orders, transcripts of the local agencys administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit.(B) The local agency shall certify the record of proceedings no later than 15 days after a petition for writ of mandate is served.(C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.(3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed:(A) By the petitioner with the petition or petitioners points and authorities.(B) By the respondent with respondents points and authorities.(C) After payment of costs by the petitioner, or:(D) As otherwise directed by the court.If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.(4) An applicant bringing an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type:ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE. (5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date.(6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.(e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. |
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| 71 | 71 | | |
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| 72 | 72 | | |
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| 73 | 73 | | |
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| 74 | 74 | | 1094.9. (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d). |
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| 75 | 75 | | |
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| 76 | 76 | | (b) For purposes of this section, the following definitions shall apply: |
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| 77 | 77 | | |
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| 78 | 78 | | (1) Housing development project has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit. |
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| 79 | 79 | | |
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| 80 | 80 | | (2) Applicant means a party that has submitted an application or requested a permit for a housing development project. |
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| 81 | 81 | | |
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| 82 | 82 | | (3) Public agency means a city, county, city and county, district, or other local authority. |
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| 83 | 83 | | |
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| 84 | 84 | | (4) Disapproves the housing development project means to disapprove the housing development project as defined in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code. |
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| 85 | 85 | | |
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| 86 | 86 | | (c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial. |
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| 87 | 87 | | |
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| 88 | 88 | | (d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter. |
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| 89 | 89 | | |
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| 90 | 90 | | (1) An action brought by an applicant under this section shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate. |
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| 91 | 91 | | |
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| 92 | 92 | | (2) Upon request of the applicant, the local agency shall prepare the record of its proceedings concurrently with the local agencys proceedings. |
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| 93 | 93 | | |
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| 94 | 94 | | (A) This record of proceedings shall include, at a minimum, the local agencys decision, filings, notices, orders, transcripts of the local agencys administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit. |
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| 95 | 95 | | |
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| 96 | 96 | | (B) The local agency shall certify the record of proceedings no later than 15 days after a petition for writ of mandate is served. |
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| 97 | 97 | | |
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| 98 | 98 | | (C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record. |
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| 99 | 99 | | |
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| 100 | 100 | | (3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed: |
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| 101 | 101 | | |
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| 102 | 102 | | (A) By the petitioner with the petition or petitioners points and authorities. |
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| 103 | 103 | | |
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| 104 | 104 | | (B) By the respondent with respondents points and authorities. |
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| 105 | 105 | | |
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| 106 | 106 | | (C) After payment of costs by the petitioner, or: |
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| 107 | 107 | | |
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| 108 | 108 | | (D) As otherwise directed by the court. |
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| 109 | 109 | | |
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| 110 | 110 | | If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. |
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| 111 | 111 | | |
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| 112 | 112 | | (4) An applicant bringing an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type: |
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| 113 | 113 | | |
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| 114 | 114 | | ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE. |
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| 115 | 115 | | |
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| 116 | 116 | | (5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date. |
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| 117 | 117 | | |
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| 118 | 118 | | (6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier. |
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| 119 | 119 | | |
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| 120 | 120 | | (e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. |
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