Chapter 21.61 — JUDICIAL REVIEW OF ZONING DECISIONS AND TIME LIMITATION

Any legally permitted action or proceeding to attack, review, set aside, void, annul, or seek damages or compensation for any city decision or action taken pursuant to this title or to determine the reasonableness, legality or validity of any condition attached thereto shall not be maintained by any person unless such action or proceeding is commenced and service effected within the time limits specified in Chapter 1.16 of this code and Section 65860 of the Government Code and Sections 21167 and 30801 of the Public Resources Code. Thereafter all persons are barred from commencing or prosecuting any action or proceeding or asserting any defense of invalidity or unreasonableness of such decision or of such proceedings, determinations or actions taken. For the purpose of this section, the terms "decision," "determination," "action taken" and "action taken pursuant to this code" shall include administrative, adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, proceedings or other action taken or authorized by this code. The provisions of this section shall not expand the scope of judicial review and shall prevail over any conflicting provisions and any otherwise applicable law relating to the subject matter. (Ord. 1216 § 2, 1979)

Whenever any zone or zone classification is declared invalid as applied to any specific property or properties by the final action of any court of competent jurisdiction, such property shall automatically be zoned L-C limited control and shall be subject to the provisions of Chapter 21.39 of this code without the necessity of any action by the city. (Ord. 9540 § 2, 1980)

The provisions of Public Resources Code Section 30800 et seq., shall apply to developments in the coastal zone in any case where no appeal has been filed from the decision of a local government on a development permit in the coastal zone (including decisions or nonappealable developments) or where an appeal has been filed but the Commission has determined not to hear the appeal, and where litigation has subsequently been commenced against the local government concerning its decision, the local government and plaintiff or petitioner shall promptly forward a copy of the complaint or petition to the Executive Director of the Commission. At the request of the local government (with the concurrence of the commission) or upon an order of the Commission, the

Executive Director shall request the Attorney General to intervene in such litigation on behalf of the Commission. Administrative remedies pertaining to coastal development permits are not deemed to have been exhausted unless all appeal procedures provided by the California Coastal Act and its regulations have been utilized.

(Ord. NS-365 § 19, 1996)