General Development Co., L.P. v. City of Santa Maria
136 Cal. Rptr. 3d 490
Cal. Ct. App.2012Background
- Developer applied for a 4.68-acre zone change in Santa Maria in June 2009.
- City Council denied the zone change on February 16, 2010 after a noticed hearing.
- Developer served the writ petition May 24, 2010, 97 days after the decision.
- Trial court sustained a demurrer, holding the petition time-barred under Govt. Code § 65009(c)(1)(B).
- The court reviews de novo on statutory construction; denial of a rezoning is a “decision” under § 65009(c)(1)(B).
- The appellate court affirmed the judgment and awarded costs to the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a rezoning is a “decision” under § 65009(c)(1)(B). | Developer argues denial is not a decision. | City contends denial is a decision within § 65009(c)(1)(B). | Yes; denial is a decision under the statute. |
| Whether the 90-day limit applies to denials as opposed to grants of rezoning. | Guru Nanak Sikh Society supports applying the limit to denials. | Statutory language governs; no grant-vs-denial distinction to defeat application. | 90-day limit applies to denials as decisions under § 65009(c)(1)(B). |
| How § 65009(c)(1)(B) should be construed to avoid superfluity while preserving legislative intent. | Construe to avoid rendering terms superfluous. | Literal reading is acceptable and consistent with purpose. | Statute should be read to promote certainty without rendering language superfluous. |
Key Cases Cited
- Guru Nanak Sikh Society v. County of Sutter, 326 F.Supp.2d 1128 (E.D. Cal. 2003) (statutory scope covers denials of zoning decisions under § 65009)
- Toso v. City of Santa Barbara, 101 Cal.App.3d 934 (Cal. App. 1980) (denial of rezoning can be a ‘decision’ for toll purposes)
- Hensler v. City of Glendale, 8 Cal.4th 1 (Cal. 1994) (compare 66499.37 and 65009 purposes; short limitations period)
- Travis v. County of Santa Cruz, 33 Cal.4th 757 (Cal. 2004) (short limitations period for local planning decisions; legislative purpose)
- Urban Habitat Program v. City of Pleasanton, 164 Cal.App.4th 1561 (Cal. App. 2008) (certainty and efficiency in zoning decisions)