California § 1094.9 - Notwithstanding any other provision of this chapter, an action or proceeding to r

§ 1094.9. Notwithstanding any other provision of this chapter, an action or proceeding to r

(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) “Applicant” means a party that has submitted an application or requested a permit for a housing development project. (2) “Department” means the Department of Housing and Community Development. (3) “Disapproves the housing development project” has the same meaning as described in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code. (4) “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. (5) “Local agency” means a city, county, city and county, district, or other local authority. (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 applicant, the Attorney General, or the department may bring any action under this section. The action 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, or notice from the department or the Attorney General, the local agency shall prepare the record of its proceedings concurrently with the local agency’s proceedings. (A) This record of proceedings shall include, at a minimum, the local agency’s decision, filings, notices, orders, transcripts of the local agency’s 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 parties shall meet and confer to certify the record of proceedings no later than 15 days after a petition for writ of mandate is served. Any disputed items shall be subject to a separate motion to be specially noticed on or before the date of the hearing on the writ petition, and in accordance with any local court rules. (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 petitioner’s points and authorities. (B) By the respondent with respondent’s 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) A petitioner who elects to bring 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 may request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to California Rules of Court Rule 2.812 and Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority.