Travis

Stephen D. Pahl, San Jose, Karen Kubala McCay, Pahl & Gosselin, for Amicus Curiae on behalf of Appellants.

Samuel Torres, Jr., County Counsel, Dwight L. Herr, Assistant County Counsel, for Defendant and Respondent and for Amicus Curiae on behalf of Respondent.

WUNDERLICH, J.

This case involves a challenge to Santa Cruz County's second dwelling unit ordinance. Proceeding by writ of mandate in the trial court, the petitioners asserted that the ordinance is preempted by state statute and that it is unconstitutional. The trial court denied the petition, chiefly on the ground that it was untimely. We will affirm.

Steven Travis (Travis) and Stanley M. Sokolow and Sonya Sokolow (the Sokolows) were petitioners below and are appellants here. The County of Santa Cruz (the County) is the respondent. At issue in this case is the validity of the County's Second Unit Ordinance (the Ordinance).

The Ordinance. The Ordinance was first enacted in December 1981, effective January 1982. It has been amended several times since then. As initially enacted, the Ordinance authorized a second dwelling unit of 640 square feet or less on those parcels large enough to qualify for two single family…