General Development Co., L.P. v. City of Santa Maria

We hold that an action challenging a legislative body’s decision to deny a zone change is subject to a 90-day limitations period set forth in Government Code section 65009, subdivision (c)(1)(B). 1 Section 65009, subdivision (c)(1) provides that “no action or proceeding shall be maintained ... by any person unless the action or proceeding is commenced and service is made on the legislative body within 90 days after the legislative body’s decision: [][]... [f] (B) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance.”

General Development Co., L.P. (Developer), appeals from a judgment of dismissal entered in favor of the City of Santa Maria (City) after the trial court ruled that Developer’s petition for writ of mandate was time-barred by section 65009, subdivision (c)(1)(B). We affirm.

Facts and Procedural History

In June 2009, Developer applied for a zone change for 4.68 acres of vacant land located at 1000 East Betteravia Road, Santa Maria. In January 2010, the City Planning Commission recommended that the city council approve the zone change. But on February 16, 2010, after a duly noticed public hearing,…