Mediation and Resolution of Land Use Disputes

Cal. GOV § 66031

California Statutes

(

a) Notwithstanding any other provision of law, any action brought in the superior court relating to any of the following subjects may be subject to a mediation proceeding conducted pursuant to this chapter:

(1) The approval or denial by a public agency of any development project.

(2) Any act or decision of a public agency made pursuant to the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code).

(3) The failure of a public agency to meet the time limits specified in

Chapter 4.5 (commencing with

Section 65920), commonly known as the Permit Streamlining Act, or in the Subdivision Map Act (Division 2 (commencing with

Section 66410)).

(4) Fees determined pursuant to

Chapter 6 (commencing with

Section 17620) of Division of

Part 10.5 of the Education Code or

Chapter 4.9 (commencing with

Section 65995).

(5) Fees determined pursuant to the Mitigation Fee Act (Chapter 5 (commencing with

Section 66000),

Chapter 6 (commencing with

Section 66010),

Chapter 7 (commencing with

Section 66012),

Chapter 8 (commencing with

Section 66016), and

Chapter 9 (commencing with

Section 66020)).

(6) The adequacy of a general plan or specific plan adopted pursuant to

Chapter 3 (commencing with

Section 65100).

(7) The validity of any sphere of influence, urban service area, change of organization or reorganization, or any other decision made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with

Section 56000) of Title 5).

(8) The adoption or amendment of a redevelopment plan pursuant to the Community Redevelopment Law (Part 1 (commencing with

Section 33000) of Division of the Health and Safety Code).

(9) The validity of any zoning decision made pursuant to

Chapter 4 (commencing with

Section 65800).

(10) The validity of any decision made pursuant to

Article 3.5 (commencing with

Section 21670) of

Chapter of Part of Division of the Public Utilities Code. (

b) Within five days after the deadline for the respondent or defendant to file its reply to an action, the court may invite the parties to consider resolving their dispute by selecting a mutually acceptable person to serve as a mediator, or an organization or agency to provide a mediator. (

c) In selecting a person to serve as a mediator, or an organization or agency to provide a mediator, the parties shall consider the following:

(1) The council of governments having jurisdiction in the county where the dispute arose.

(2) Any subregional or countywide council of governments in the county where the dispute arose.

(3) Any other person with experience or training in mediation including those with experience in land use issues, or any other organization or agency that can provide a person with experience or training in mediation, including those with experience in land use issues. (

d) If the court invites the parties to consider mediation, the parties shall notify the court within days if they have selected a mutually acceptable person to serve as a mediator. If the parties have not selected a mediator within days, the action shall proceed. The court shall not draw any implication, favorable or otherwise, from the refusal by a party to accept the invitation by the court to consider mediation. Nothing in this

section shall preclude the parties from using mediation at any other time while the action is pending.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 66031
Date2011-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV66031.201069924

Mediation and Resolution of Land Use Disputes

Cal. GOV § 66031

California Statutes

Mediation and Resolution of Land Use Disputes

Cal. GOV § 66031

California Statutes

(

a) Notwithstanding any other provision of law, any action brought in the superior court relating to any of the following subjects may be subject to a mediation proceeding conducted pursuant to this chapter:

(1) The approval or denial by a public agency of any development project.

(2) Any act or decision of a public agency made pursuant to the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code).

(3) The failure of a public agency to meet the time limits specified in

Chapter 4.5 (commencing with

Section 65920), commonly known as the Permit Streamlining Act, or in the Subdivision Map Act (Division 2 (commencing with

Section 66410)).

(4) Fees determined pursuant to

Chapter 6 (commencing with

Section 17620) of Division of

Part 10.5 of the Education Code or

Chapter 4.9 (commencing with

Section 65995).

(5) Fees determined pursuant to the Mitigation Fee Act (Chapter 5 (commencing with

Section 66000),

Chapter 6 (commencing with

Section 66010),

Chapter 7 (commencing with

Section 66012),

Chapter 8 (commencing with

Section 66016), and

Chapter 9 (commencing with

Section 66020)).

(6) The adequacy of a general plan or specific plan adopted pursuant to

Chapter 3 (commencing with

Section 65100).

(7) The validity of any sphere of influence, urban service area, change of organization or reorganization, or any other decision made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with

Section 56000) of Title 5).

(8) The adoption or amendment of a redevelopment plan pursuant to the Community Redevelopment Law (Part 1 (commencing with

Section 33000) of Division of the Health and Safety Code).

(9) The validity of any zoning decision made pursuant to

Chapter 4 (commencing with

Section 65800).

(10) The validity of any decision made pursuant to

Article 3.5 (commencing with

Section 21670) of

Chapter of Part of Division of the Public Utilities Code. (

b) Within five days after the deadline for the respondent or defendant to file its reply to an action, the court may invite the parties to consider resolving their dispute by selecting a mutually acceptable person to serve as a mediator, or an organization or agency to provide a mediator. (

c) In selecting a person to serve as a mediator, or an organization or agency to provide a mediator, the parties shall consider the following:

(1) The council of governments having jurisdiction in the county where the dispute arose.

(2) Any subregional or countywide council of governments in the county where the dispute arose.

(3) Any other person with experience or training in mediation including those with experience in land use issues, or any other organization or agency that can provide a person with experience or training in mediation, including those with experience in land use issues. (

d) If the court invites the parties to consider mediation, the parties shall notify the court within days if they have selected a mutually acceptable person to serve as a mediator. If the parties have not selected a mediator within days, the action shall proceed. The court shall not draw any implication, favorable or otherwise, from the refusal by a party to accept the invitation by the court to consider mediation. Nothing in this

section shall preclude the parties from using mediation at any other time while the action is pending.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 66031
Date2011-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV66031.201069924