McCormick

In San Franciscans For Reasonable Growth v. City and County of San Francisco (1987) 189 Cal.App.3d 498 [ 234 Cal.Rptr. 527 ], we held that Public Resources Code section 21167.4 (hereinafter section 21167.4) triggers mandatory dismissal of a petition for writ of mandate under the California Environmental Quality Act (CEQA) on the motion of a party or the court’s own motion where the petitioner does not request a hearing within 90 days of filing the petition. (Id., at p. 504.)

In this case we are called upon to decide what constitutes sufficient compliance with the “request for hearing” requirement under section 21167.4. We also consider the availability of Code of Civil Procedure section 473 relief to a party who fell short of such compliance.

Background

Appellants herein are citizens seeking to challenge the environmental review conducted by the City and County of San Francisco (City) of a project which calls for the rezoning of the former site of Polytechnic High School for the purpose of demolishing the structures thereon and constructing a multi-unit low and middle income housing project in their place. Specifically, appellants contend that City’s board of…