Civil Actions: writs: housing development projects.
SB 808
California Bills
20250SB__080896CHP INTRODUCED 2025-02-21 AMENDED_SENATE 2025-05-23 PASSED_ASSEMBLY 2025-09-03 PASSED_SENATE 2025-05-28 ENROLLED 2025-09-05 CHAPTERED 2025-10-10 APPROVED 2025-10-10 FILED 2025-10-10 2025 SB CHP CHP 0 Introduced by Senator Caballero LEAD_AUTHOR SENATE Caballero
An act to add Sections and 1094.9 to the Code of Civil Procedure, relating to civil actions. civil actions 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 authorize a petitioner, the Attorney General, or the Department of Housing and Community Development to file a petition for writ of mandate under these provisions.
The bill would require a local agency, upon the request of an applicant or notice from the department or the Attorney General, to compile a record of its proceedings as they occur and to certify the record within days of the service of a writ. The bill would require that a hearing be set no later than days after the filing of the writ and that the court issue a decision no later than days after the matter is submitted or days after the writ was filed, whichever is earlier. The bill would authorize the temporary assignment of judicial officers to ensure the timelines are met.
MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section 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.
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) “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 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 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 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 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 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 calendar days after the matter is submitted or 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