Can a city's failure to provide a written determination of completeness be interpreted as a violation of the requirement that the application is complete?

California, United States of America

The following excerpt is from Lewis v. City of Hayward (Soda), 173 Cal.App.3d 178, 218 Cal.Rptr. 391 (Cal. App. 1985):

In Edwards v. Steele (1979) 25 Cal.3d 406, 158 Cal.Rptr. 662, 599 P.2d 1365, our high court stated that even mandatory time limits should not be construed to eliminate rights of a nondefaulting party. (Id., at p. 412, 158 Cal.Rptr. 662, 599 P.2d 1365.) The record, as supplemented by the City's files, demonstrates that the City did not consider the applications to be complete and that it communicated this fact to the developers, but failed to follow statutory formalities regarding the timing of this communication. Although we do not condone this failure to strictly comply with the statutory requirement, we will not construe a violation of the requirement of a written determination of completeness in a manner which destroys the rights of a party not causing the violation. We proceed, therefore, to consider the constitutional challenge on its merits.

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