Berkeley Municipal Code Ch. 2.96 Judicial Review of Final Decisions Made by the City in Quasi-Judicial…

The provisions of Code of Civil Procedure Section 1094.6, including but not limited to the requirement that any writ of mandate lawsuit be filed no later than the ninetieth day following the date on which a decision becomes final, are hereby adopted. (Ord. 6087-NS § 1, 1991)

The provisions of Code of Civil Procedure Section 1094.6 are applicable to the judicial review of any final administrative order or decision made in a quasi-judicial proceeding by and before any City board, council, commission and/or committee, including but not limited to the Zoning Adjustments Board, Design Review Committee, Housing Advisory Commission, Landmarks Preservation Commission, Planning Commission, or the City Council, as well as any final decision by the City Manager upon the recommendation of the Personnel Board. (Ord. 6087-NS § 2, 1991)

A decision in a quasi-judicial proceeding subject to this chapter shall be deemed to be final on the latest of the following events:

A. If there is no provision for reconsideration or appeal of the decision, the decision is final on the day it is made; or

B. If there is a provision for the reconsideration or appeal of the decision, the decision is final upon the expiration of the period during which such reconsideration or appeal can be sought; or

C. If there is a provision for reconsideration or appeal of a decision and such reconsideration or appeal is timely sought, the decision is final on the date that such reconsideration or appeal is rejected. (Ord. 6087-NS § 3, 1991)

If state or federal law provides for a statute of limitations of less than ninety days, such shorter limitations period shall be the applicable limitations period for the filing of any proceeding challenging any portion of a final quasi-judicial decision which is subject to this chapter. (Ord. 6087-NS § 4, 1991)

The City Clerk and the secretary of each board and commission subject to this chapter are hereby directed to include a notice of the ninety day statute of limitations for the filing of a mandamus lawsuit adopted by this chapter in the notice of findings or decision in a quasi-judicial proceeding subject to this chapter for all such decisions made on and after the effect date of this chapter. The City Clerk and the secretary of each board and commission subject to this chapter are hereby further directed to include the same notice of the ninety day statute of limitations in any agenda and/or meeting or hearing notice for any decision subject to this chapter. Said notice of the ninety day statute of limitations shall be substantially as follows:

NOTE: Any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the ninetieth day following the date on which such decision becomes final.

Any lawsuit or legal challenge which is not filed within that ninety day period will be barred. (Ord. 6087-NS § 5, 1991)