Action to enforce zoning consistency with general plan (Gov. Code 65860): commence AND serve legislative body within 90 days
90 days after date of enactment or amendment of the zoning ordinance, or of the local agency's failure to comply, under Cal. Gov. Code 65860(b) (amended by Stats. 2023, ch. 748 (AB 821), eff. Jan. 1, 2024).
Rule text
An action or proceeding shall not be maintained pursuant to this section by a person unless the action or proceeding is commenced and service is made on the legislative body within 90 days of any of the following:(1) The enactment of any new zoning ordinance.(2) The amendment of any existing zoning ordinance.(3) The failure of a local agency to comply with this section.
Calculate this deadline
Deadline
Thursday, February 4, 2027
- Trigger (Date of enactment or amendment of the zoning ordinance, or of the local agency's failure to comply): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Gov. Code 65860(b) (amended by Stats. 2023, ch. 748 (AB 821), eff. Jan. 1, 2024)
An action or proceeding shall not be maintained pursuant to this section by a person unless the action or proceeding is commenced and service is made on the legislative body within 90 days of any of the following:(1) The enactment of any new zoning ordinance.(2) The amendment of any existing zoning ordinance.(3) The failure of a local agency to comply with this section.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
- Only a resident or property owner in the city or county may sue (65860(b)); traditional mandamus (CCP 1084 et seq.). The gap description's 'general plan amendment' trigger is not in 65860(b): after a general plan amendment the zoning must be conformed 'within a reasonable time' (65860(c)(1)), and the 90-day clock runs from the agency's failure to comply, which is fact-dependent. AB 821: 180 days to amend zoning after receiving a qualifying development application (65860(c)(2)(A); agency duty, not modeled).
- 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 enactment or amendment of the zoning ordinance, or of the local agency's failure to comply on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date of enactment or amendment of the zoning ordinance, or of the local agency's failure to comply): 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
Only a resident or property owner in the city or county may sue (65860(b)); traditional mandamus (CCP 1084 et seq.). The gap description's 'general plan amendment' trigger is not in 65860(b): after a general plan amendment the zoning must be conformed 'within a reasonable time' (65860(c)(1)), and the 90-day clock runs from the agency's failure to comply, which is fact-dependent. AB 821: 180 days to amend zoning after receiving a qualifying development application (65860(c)(2)(A); agency duty, not modeled).
Related deadlines
- 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)
- 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)
- 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.