Chino Hills Municipal Code Ch. 1.24 Judicial Review of Administrative Decisions

A. As used in this chapter, the following terms shall have meanings as set forth in this section:

"Decision" means a decision subject to review pursuant to Section 1094.5 of the Code of Civil Procedure, suspending, demoting, or dismissing an officer or employee; revoking or denying an application for a permit, license, or other entitlement; or denying an application for any retirement benefit or allowance.

"Party" means an officer or employee who has been suspended, demoted, or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied.

B. Judicial review of any decision of the city of Chino Hills, its City Council, or any commission, board, officer, or agent of the city, may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this chapter.

C. Any such petition for a matter not involving a specific application or grievance shall be filed not later than the ninetieth (90th) day following the date on which the decision became final. Whenever a decision is made on a specific application, grievance, or property, any such petition shall be filed not later than the ninetieth (90th) day following the date of the notice to the applicant, person aggrieved, or property owner of the decision of the city, its Council, or any board, commission, officer, or employee of the city. Where there is no provision for reconsideration of the decision in any applicable provision of any statute, charter, or rule, for the purposes of this section the decision is final on the date it is made, or on the date of the notice of the decision to the applicant, grievant, or property owner. Where there is a specific provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided that, if reconsideration is sought pursuant to any such provision, the decision is final for the purposes of this section on the date that reconsideration is rejected. In making a final decision, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section.

D. The complete record of the proceedings shall be prepared by the city, or its commissions, boards, officers, or agents which made the decision. Upon written request, such record shall be delivered to the petitioner within ninety (90) days after the filing of the written request therefor. The city is authorized to recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include a transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearings officer, a final decision, all admitted exhibits in the possession of the city, or its commissions, boards, officers, or agents, all written evidence, and any other papers in the case.

E. If the petitioner files a request for a record as specified in subsection C of this section, within ten (10) days after the date the decision becomes final as provided above in subsection B of this section, the time within which a petition pursuant to Section 1094.5 of the Code of Civil Procedure may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or his or her attorney of record, if he or she has one.

F. The provisions of this section comply with requirements established by Section 1094.6 of the Code of Civil Procedure and prevails over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply.

(Ord. 91-05 § 2.50.010)

A. Any action or proceeding to attack, review, set aside, void, or annul any decision of matters listed in Sections 65901 and 65903 of the California Government Code of the state of California, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within ninety (90) days after the date of the notice of the legislative body's decision and the legislative body is served within one hundred twenty (120) days after the notice of the legislative body's decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity of any unreasonableness of that decision or of these proceedings, acts, or determinations.

B. The provisions of this section comply with the requirements established by Section 65009 of the Government Code of the state of California.

(Ord. 91-05 § 2.50.020)

A. In an action or proceeding to attack, review, set aside, void, or annul a finding, determination, or decision of the city made pursuant to Section 1.01.290 of the Chino Hills Municipal Code at a properly noticed public hearing, the issues raised shall be limited to those issues raised in the public hearing or in written correspondence delivered to the city prior to, or at the public hearing, except where the court finds either of the following:

1. The issue could not have been raised at the public hearing by persons exercising reasonable diligence; or

2. The body conducting the public hearing prevented the issue from being raised at the public hearing.

B. The City Clerk shall include in any public notice issued pursuant to Section 1.01.290, a notice substantially stating all of the following:

If you wish to challenge the (nature of the proposed action) in court, you will be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing.

C. The application of this subsection to causes of action brought pursuant to subsection E applies only to the final action taken in response to the notice to the City Clerk. If no final action is taken, then the issue raised in the cause of action brought pursuant to subsection E shall be limited to those matters presented at properly noticed public hearing or to those matters specified in the notice given to the City Clerk pursuant to subsection E, or both.

D. Except as provided in Section 1.24.010 of this code and subsection E, no action or proceeding shall be maintained in any of the following cases by any person unless the action or proceeding is commenced and service made on the legislative body one hundred twenty (120) days after the date of the notice of the legislative body's decision:

1. To attack, review, set aside, void, or annul the decision of the City Council (or Planning Commission as appropriate) to adopt or amend a general or specific plan. This subsection (D)(1) does not apply where an action is brought based upon the complete absence of a general plan or a mandatory element thereof, but does apply to an action attacking a general plan or mandatory element thereof on the basis that it is inadequate;

2. To attack, review, set aside, void, or annul the decision of the City Council to adopt or amend a zoning ordinance;

3. To determine the reasonableness, legality, or validity of any decision to adopt or amend any regulation attached to a specific plan;

4. Concerning any of the proceedings, acts, or determinations taken, done, or made prior to any of the decisions listed in subsections (D)(1), (D)(2), and (D)(3) of this section.

E. An action or proceeding shall be commenced and the legislative body served within two years after the accrual of the cause of action as provided in this subsection, if the action or proceeding meets both of the following requirements:

1. It is brought in support of the development of housing projects which meet the requirements for housing for persons and families with low or moderate incomes set forth in Section 65915 of the Government Code; and

2. It is brought with respect to actions taken pursuant to Article 10.6 (commencing with Section 65580) of the Government Code, Chapter 3 of that Division, pursuant to Section 65589.5, 65863.6, 65915, or 66474.2 or pursuant to Chapter 4.2 (commencing with Section 65913 of the Government Code). A cause of action brought pursuant to this subsection shall not be maintained until sixty (60) days have expired following notice to the City Clerk by the party bringing the cause of action, or his or her representative, specifying the deficiencies of the general plan, specific plan, or zoning ordinance. A cause of action brought pursuant to this subsection shall accrue sixty (60) days after notice is filed before the legislative body takes a final action in response to the notice, whichever occurs first. A notice or cause of action brought by one party pursuant to this subsection shall not bar filing of a notice and initiation of a cause of action by any other party.

F. Upon the expiration of the time limits provided in this section, all persons are barred from any further action or proceeding.

G. The provisions of this section comply with the requirements established by Section 65009 of the Government Code of the state of California.

(Ord. 91-05 § 2.50.030)

A. No action, inaction, or recommendation by the city, or its City Council, or any board or commission, or any of its administrative agencies or officials, on any matter shall be held invalid or set aside by any court of competent jurisdiction on the ground of improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, "error") as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedures, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown.

B. This section satisfies and complies with the requirements of Section 65010 of the Government Code of the state of California.

(Ord. 91-05 § 2.50.040)