San Luis Obispo County Municipal Code Ch. 1.09 Judicial Review of County Decisions

Pursuant to the provisions of Section 1094.6 of the Code of Civil Procedure, the provisions of said section are hereby made applicable to the decisions of all commissions, boards, officers and agents of the county, except where a limitation of actions is otherwise provided by this code.

(Ord. 2403 § 1 (part), 1989)

Judicial review of any decision subject to the provisions of this chapter and Code of Civil Procedure Section 1094.6 may be had only if the petition for judicial review is filed within ninety days after the decision becomes final; provided that, pursuant to the provisions of Section 1094.6(d) of the Code of Civil Procedure, if the petitioner files a request for the record within ten days after the date the decision becomes final, the time within which a petition for judicial review may be filed shall be extended to not later than the thirtieth 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 the petitioner has one.

(Ord. 2403 § 1 (part), 1989)

(a) As provided in said Section 1094.6, any person who requests preparation of the administrative record shall be responsible for payment of the actual costs for transcribing or otherwise preparing the record. Actual costs shall include, but not be limited to, the salary and fringe benefit rates of pay by the county to personnel for time consumed in preparing or obtaining a transcript and reproducing, assembling and compiling the transcript and exhibits, the unit cost (including prorated rental) of equipment utilized in reproduction, the cost of materials and supplies. The tape recording of a hearing shall be deemed to constitute the official transcript and arrangements for having a written transcript prepared when testimony has been tape-recorded or otherwise recorded shall be the responsibility of the party requesting said transcript. Each board, commission, officer, employee or agent whose decision will be subject to the limitations established by this chapter may, from time to time, by resolution in the case of such boards and commissions and by written order in the case of such officers, employees and agents, determine and promulgate unit costs of preparing the record.

(b) Before arranging for the preparation of a transcript or other records, the officer or employee responsible for preparation shall estimate the actual total cost. Preparation of the record shall not be commenced until the person requesting preparation of the record has deposited the full amount of the cost estimate.

(c) If the deposit exceeds the actual cost, the difference shall be refunded. If the actual cost exceeds the estimate, the difference shall be paid when the record is delivered.

(d) The limitation of action period shall not be extended pursuant to the provisions of Section 1094.6(d), or Section 1.09.020 above, beyond ninety days after the decision becomes final, unless the petitioner deposits pursuant to the provisions of subparagraph (b) above, the estimated actual total cost of preparing the transcript within ten calendar days after the petitioner has been furnished with the written estimate of such cost.

(e) Except as otherwise required by law, the time period for completion of the administrative record pursuant to Code of Civil Procedure Section 1094.6, Public Resources Code Section 21167.6 or any other provision of law shall not commence until said cost estimate has been deposited.

(Ord. 2675 § 1, 1994; Ord. 2403 § 1 (part), 1989)

Every written decision or notice thereof to which the provisions of this chapter and Section 1094.6 of the Code of Civil Procedure apply shall refer to and be accompanied by (by attachment) a copy of the provisions of this chapter.

(Ord. 2403 § 1 (part), 1989)