Challenge to general/specific plan, zoning ordinance, development agreement, variance, CUP or permit condition: commence AND serve legislative body within 90 days after decision
90 days after date of the legislative body's decision, under Cal. Gov. Code 65009(c)(1) (amended by Stats. 2024, ch. 270 (AB 2117), eff. Jan. 1, 2025).
Rule text
(c) (1) Except as provided in subdivision (d), 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 is made on the legislative body within 90 days after the legislative body’s decision:(A) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a general or specific plan. ... (B) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance. ... (E) To attack, review, set aside, void, or annul any decision on the matters listed in Sections 65901 and 65903, or to determine the reasonableness, legality, or validity of any condition attached to a variance, conditional use permit, or any other permit.
Calculate this deadline
Deadline
Thursday, February 4, 2027
- Trigger (Date of the legislative body's decision): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Gov. Code 65009(c)(1) (amended by Stats. 2024, ch. 270 (AB 2117), eff. Jan. 1, 2025)
(c) (1) Except as provided in subdivision (d), 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 is made on the legislative body within 90 days after the legislative body’s decision:(A) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a general or specific plan. ... (B) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance. ... (E) To attack, review, set aside, void, or annul any decision on the matters listed in Sections 65901 and 65903, or to determine the reasonableness, legality, or validity of any condition attached to a variance, conditional use permit, or any other permit.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- BOTH filing and service on the legislative body must occur within 90 days. Covers (A) general/specific plans (not a complete absence of a general plan or mandatory element), (B) zoning ordinances, (C) specific plan regulations, (D) development agreements, (E) 65901/65903 decisions (variances, CUPs, zoning board/board of appeals) and permit conditions, and (F) prior proceedings. Does not apply to actions under 65009(d) (affordable-housing actions on housing elements, 65863.6, 65913 et seq., 65915), which have accrual-based periods (see not_modeled). Housing element challenges have an additional 60-day window after HCD findings (planning_housing_element_after_hcd_findings_60_days). Separate CEQA limits (Pub. Res. Code 21167) may be shorter. Roll assumes CCP 12a applies to the last day; file early.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the legislative body's decision on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date of the legislative body's decision): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Notes
BOTH filing and service on the legislative body must occur within 90 days. Covers (A) general/specific plans (not a complete absence of a general plan or mandatory element), (B) zoning ordinances, (C) specific plan regulations, (D) development agreements, (E) 65901/65903 decisions (variances, CUPs, zoning board/board of appeals) and permit conditions, and (F) prior proceedings. Does not apply to actions under 65009(d) (affordable-housing actions on housing elements, 65863.6, 65913 et seq., 65915), which have accrual-based periods (see not_modeled). Housing element challenges have an additional 60-day window after HCD findings (planning_housing_element_after_hcd_findings_60_days). Separate CEQA limits (Pub. Res. Code 21167) may be shorter. Roll assumes CCP 12a applies to the last day; file early.
Related deadlines
- Housing element challenge: additional window, commence and serve within 60 days after HCD reports its findings (60 days after)
- Subdivision Map Act challenge: commence action and effect service of summons within 90 days after the decision (90 days after)
- Coastal Commission decision or action: petition for writ of mandate (CCP 1094.5) within 60 days after the decision becomes final (60 days after)
- Housing Accountability Act: file and serve petition within 90 days from effective date of local agency decision (alternative 1) (90 days after)
- Housing Accountability Act: file and serve petition within 90 days from expiration of the 65589.5(h)(5)(B) time periods (alternative 2) (90 days after)
- Action to enforce zoning consistency with general plan (Gov. Code 65860): commence AND serve legislative body within 90 days (90 days after)
- Mitigation Fee Act: protest fees, dedications or exactions within 90 days after imposition (or at approval) (90 days after)
- Mitigation Fee Act: action to set aside fees or exactions within 180 days after delivery of the agency's notice (180 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.