Huntington Beach City Zoning Code

Purpose. The purpose of this section is to implement the California Environmental Quality Act of 1970 (CEQA). This section shall apply to all permits or entitlements, not otherwise exempt, requiring discretionary action by the City. The City Council shall by resolution adopt policies, objectives, criteria, and procedures regulating environmental evaluation of public and private projects. This section and the provisions adopted by resolution provide the basic principles, objectives, criteria, procedures, and definitions to ensure consistent implementation of the California Environmental Quality Act.

Administration. The Director shall be responsible for:

Environmental Determination. Prior to any project approval, the discretionary body shall first act upon the negative declaration or the environmental impact report (EIR). The discretionary body acting on the project may adopt the negative declaration or may reject it and require an environmental impact report. The discretionary body may certify the environmental impact report or reject it, if deemed incomplete.

Mitigation Measures. Any feasible change or alteration to the project which avoids or substantially lessens the significant environmental impacts identified in the negative declaration or final EIR shall be incorporated as a condition of approval imposed on the project. The condition of approval shall also describe the time period and the manner in which the mitigation measure must be satisfied.

Monitoring and Reporting Program. The City requires a reporting or monitoring program be prepared to ensure compliance of mitigation measures during project implementation. The project applicant shall be responsible for ensuring completion of the program and shall submit to the City reports indicating the status of compliance. The City may obtain or require an independent analysis of any completed reports submitted as required by a mitigation measure. The cost of the analysis shall be paid by the project applicant.

Prior to the final inspection the monitoring program report shall be completed and accepted by the City. A separate report may be required for each phase of a project constructed in phases.

Appeal. Any decision of the committee may be appealed to the discretionary body which has original jurisdiction over approval of the project as provided in this Code. The appeal shall be heard prior to the discretionary body's action on the project.

Conditional use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.

Variances may be granted to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site.

Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structures, distances between structures, open space, off-street parking and off-street loading, and performance standards.

Temporary use permits may be granted for temporary use classifications and for other uses of temporary nature.

Waivers of certain development standards may be granted to improve project design, subject to limitations.

Neighborhood notification is a procedure that shall notify property owners and tenants within a 300-foot radius when no entitlement is required.

Public Hearing and Notice Required. The Planning Commission or Zoning Administrator shall hold a duly-noticed public hearing on an application for a conditional use permit or variance consistent with the requirements of Chapter 248.

Multiple Applications. When applications for multiple conditional use permits or variances on a single site are filed at the same time, the Director may schedule a combined public hearing.

Mandatory Denial. Failure to make all the required findings under subsection A or B of this section shall require denial of the application.

Make it consistent with the General Plan;

Protect the public health, safety, and general welfare; or

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

Time Limit. A conditional use permit or variance shall become null and void one year after its date of approval or at an alternative time specified as a condition of approval after its date of approval unless:

Transferability. The validity of a conditional use permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the Director for a transfer. No notice or public hearing on a transfer shall be required.

Discontinuance. A conditional use permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months.

Revocation. A conditional use permit that is exercised in violation of a condition of approval or a provision of this ordinance may be revoked, as provided in Section 249.06.

Extension of Time. A conditional use permit or variance may be extended by the Director for a one-year period without notice or public hearing, if the findings required by Section 241.10 remain valid.

Changed Plans. A request for changes in conditions of approval of a conditional use permit or variance, or a change to development plans that would affect a condition of approval shall be treated as a new application. A request for changes to plans which will not affect a condition of approval may be approved by the Director if the change is not substantial, use of property remains the same, the revision results in an improved development, and the density remains the same. Notice of the Director's approval shall be posted and distributed to the Planning Commission and the City Council within 48 hours of such decision.

New Application. If an application for a conditional use permit or variance is disapproved, no new application for the same, or substantially the same, conditional use permit or variance shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.

Application and Fee. A completed application form and the required fee shall be submitted to the Director. The Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use.

Director. The Director shall act on temporary uses held for four or fewer consecutive days that do not include live entertainment. The Director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for four or fewer consecutive days. Such uses shall be approved with a temporary activity permit.

Duties of the Zoning Administrator. The Zoning Administrator shall act on temporary uses held for more than four days or that include live entertainment. The Zoning Administrator shall approve, approve with conditions, or deny a complete application within a reasonable time.

Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds:

Conditions of Approval. In approving a temporary use permit, the Director or the Zoning Administrator may impose reasonable conditions necessary to:

Bond for Temporary Uses. A $500.00 cash bond shall be required to guarantee removal of any structure, clean up of site upon termination of the temporary use, and to guarantee maintenance of the property. A $1,000.00 cash bond shall be required for a subdivision sales office and each model home to guarantee compliance with all provisions of Titles 17 and 20 through 25.

Effective Date—Duration—Appeals. An approved temporary (conditional) use permit shall be effective 10 days after the date of its approval, unless appealed in accord with Chapter 248. The permit shall be valid for a specified time period not to exceed 30 days unless a longer period is granted by the Zoning Administrator. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within 48 hours. The Zoning Administrator may approve changes in a temporary use permit.

Standards Which Can Be Waived. An Administrative Permit by the Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he or she finds that such a waiver improves project design and does not exceed 10% deviation. No other standards shall be subject to this waiver provision.

Time Limit. A waiver shall become null and void six months after date of approval.

Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval.

Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or density. Also, projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, Coastal Development Permit, or subdivision approval) may not apply for waiver.

Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision.

Notification. Ten calendar days prior to submittal for a building permit or certificate of occupancy or approval for initial establishment of the use, the applicant shall notice property owners and tenants by first class mail.

Notice of application shall include the following:

Notice of Action. The Director's decision shall be made in writing with information regarding the appeal process and sent to the applicant and the City Council on the next business day and posted on the City's website.

Appeals. The Director's decision may be appealed in accord with Chapter 248.

Organization. The Board shall consist of five members interviewed by Council liaisons and approved by the City Council.

Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs, and architectural drawings in connection with any matter before the Board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal, or conditions necessary to approval, and may approve, disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project.

In making its determination, the Board shall review and consider:

The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the proposed development plan.

Any person, partnership, or corporation, or state or local government agency wishing to undertake development in the coastal zone shall obtain a Coastal Development Permit in accord with the provisions of this chapter, unless exempt or categorically excluded. Such permit must be issued prior to the start of development and shall be required in addition to any other permits or approvals required by the City.

All development within the coastal zone requires a Coastal Development Permit unless specifically exempted or excluded. After certification of the LCP, the City shall issue all Coastal Development Permits for development not located within the Coastal Commission's original permit jurisdiction. The Coastal Commission's original permit jurisdiction includes all tidelands, submerged lands, or public trust lands whether filled or unfilled unless the Coastal Commission has delegated original permit jurisdiction to the City for areas potentially subject to the public trust but which are determined by the Coastal Commission to be filled, developed, and committed to urban use pursuant to Section 30613 of the Coastal Act. Development located in the Coastal Commission's original permit jurisdiction requires approval of a Coastal Development Permit issued by the Coastal Commission in accordance with the procedure as specified by the California Coastal Act.

Application. Application shall be made to the Director of Community Development by letter if time allows, or in person or by telephone, if time does not allow. The information, to be reported at the time of the emergency or within three days after the emergency, shall include the following:

Limitations. The Director of Community Development shall not grant an emergency Coastal Development Permit for any development that falls within an area in which the Coastal Commission retains direct permit review authority, or for any development that is appealable to the Coastal Commission. In such areas and for such developments, a request for an emergency authorization must be made to the Coastal Commission.

In addition, a waiver for a coastal development emergency permit may be obtained from the Coastal Commission executive director for development that is required to protect life or public property in accordance with Section 30611 of the Coastal Act.

Noticing. The Director of Community Development shall provide notice of the proposed emergency action. The extent and type of the notice shall be determined on the basis of the nature of the emergency. If the nature of the emergency does not allow sufficient time for public notice to be given before the emergency work begins, the Director of Community Development shall provide public notice of the action taken, or being taken, as soon as is practical. Public notice of the nature of the emergency and the remedial actions to be taken shall be posted on the site in a conspicuous place and mailed to all persons the Director of Community Development has reason to know would be interested in such action and to the Coastal Commission.

Findings and Conditions. The Director of Community Development may grant an emergency Coastal Development Permit upon reasonable terms and conditions, which shall include an expiration date and the necessity for a regular permit application later, if the Director of Community Development finds that:

Expiration of Emergency Permit. An emergency permit shall be valid for 60 days from the date of issuance by the Director of Community Development. Prior to expiration of the emergency permit, the permittee must submit a regular Coastal Development Permit application for the development even if only to remove the development undertaken pursuant to the emergency permit and restore the site to its previous condition.

Report to City Council and Coastal Commission. The Director of Community Development shall report in writing and orally, the granting of an emergency permit to the City Council at its next scheduled meeting, and to the Coastal Commission. The report shall include a description of the nature of the emergency, the development involved, and the person or entity undertaking the development. Copies of the report shall be available at the meeting and shall be mailed to the Coastal Commission and to all persons requesting such notification of local coastal development decisions.

Existing Structures. Maintenance and alteration of, or addition to, existing structures provided the project does not involve any of the following:

Dredging of Navigation Channels. Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone pursuant to a permit from the United States Army Corps of Engineers is exempt.

Maintenance and Repair of Shoreline Protective Works. Repair or maintenance of shoreline protective works that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activity is exempt, except the following which are not exempt:

Utility Connections. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this chapter is exempt. The Director, where necessary, may impose reasonable conditions to mitigate any adverse impacts on coastal resources including but not limited to scenic resources.

Replacement of Destroyed Structures. The replacement of any structure, other than a public works facility, destroyed by natural disaster is exempt, provided such replacement structure conforms to applicable current zoning regulations, is designed and intended for the same use as the destroyed structure, does not exceed the floor area, height or bulk of the destroyed structure by more than 10%, and is sited in the same location on the same building site as the destroyed structure.

As used in this section:

"Bulk" means total interior cubic volume as measured from the exterior surface of the structure.

"Disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.

"Structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

Ongoing Repair and Maintenance by Public Agencies and Utilities. Ongoing routine repair and maintenance activities of public agencies and public utilities as described in "Repair, Maintenance and Utility Hook-Up Exclusions from Permit Requirements" adopted by the California Coastal Commission on September 5, 1978, are exempt; provided no new roads are constructed, grading or clearing an undisturbed area does not exceed 500 square feet, no trees exceeding 12 inches dbh are removed, or the height or bulk of an existing structure will not be altered.

Minor Developments and Miscellaneous Activities. Because the following activities do not constitute development as defined in Section 245.04(J), they are exempt from Coastal Development Permit requirements.

Permitted uses (excluding Section 245.08(A)) within RL, RM, RMH and RH districts which are consistent with the zoning provisions of this Code and do not require any discretionary review.

Municipal improvement projects of less than $50,000 in cost and only where such projects would not alter vehicular capacity of public streets or intersections by more than 10% (except traffic control devices such as stop signs or lights), would not alter on-or off-street parking that would decrease the number of spaces, and would not alter circulation patterns that would impair beach access.

Traffic control signing and minor roadway improvements including:

Minor accessory structures in conformance with applicable provisions of this Code.

At the time a CDP application is submitted, the Director shall determine whether a development project is:

Within five days of submitting a CDP application, the applicant or any other person who does not agree with the Director's determination may challenge the determination. If any interested party does not agree with the Director's determination, the matter shall be forwarded to the City Council at the earliest available regularly scheduled meeting to determine whether the project is categorically excluded, non-appealable, or appealable. If such challenge is not resolved and the determination remains disputed, the City shall notify the Coastal Commission (CC) Executive Director by telephone of the dispute/question and shall request the CC Executive Director's opinion. The CC Executive Director may either concur with the Council's determination or forward the request to the Coastal Commission for a final determination.

Provision of Notice Prior to Public Hearing. Notice shall be mailed at least 10 days before the public hearing on the project to the following:

Notice of Continued Public Hearings. If a decision of an appealable Coastal Development Permit is continued to a time that has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided in the manner prescribed by subsection B of this section.

Notice of Decision. On or before the seventh day following final City action, notice of the decision, including findings for approval and conditions (if any) on the project proposal, shall be mailed to the following:

Provision of Notice. Notice of developments shall be given at least 10 calendar days before the first public hearing in the following manner:

The City of Huntington Beach may waive the requirement for a public hearing on a Coastal Development Permit application for minor development only if both the following occur:

The notice provided pursuant to this subsection shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the City on a Coastal Development Permit application.

For purposes of this section, "minor development" means a development which the City determines satisfies all of the following requirements:

Finality of City Action. The City's decision on an application for a development shall not be deemed complete until:

Notice of Final Action. Within seven calendar days of the City completing its review and meeting the requirements of subsection A of this section, the City shall notify by first class mail the Coastal Commission, and any persons who specifically requested notice of such action.

Effective Date of City Action. The City's final decision on an application for an appealable development shall become effective on the 11th working day after the Coastal Commission has received notice of the completed City action in accordance with subsection B of this section unless either of the following occur:

Required Findings. A CDP application may be approved or conditionally approved only after the approving authority has made the following specific factual findings supporting the legal conclusion:

Action by the Zoning Administrator or Planning Commission to approve, conditionally approve, or deny any Coastal Development Permit may be appealed on or before the 10th working day following such action. Action by the Zoning Administrator may be appealed to the Planning Commission. Action by the Planning Commission may be appealed to the City Council. Appeals may be made directly to the Coastal Commission pursuant to Sections 13111 and 13573 of the California Code of Regulations for appealable development.

Action by the City Council on a Coastal Development Permit for appealable development may be appealed directly to the Coastal Commission pursuant to Sections 13111 and 13573 of the California Code of Regulations.

An appeal pursuant to this chapter may be filed only by the applicant for the Coastal Development Permit in question, an aggrieved person, or any two members of the Coastal Commission.

An appeal to the Planning Commission shall be filed with the Community Development Department. An appeal to the City Council shall be filed with the City Clerk. The appeal shall be accompanied by a fee set by resolution of the City Council and a statement of the grounds for the appeal.

Notice of the local appeal shall be given as set forth in Section 245.20 or 245.22 and shall be processed in accordance with the provisions of Section 248.20.

An appeal to the Coastal Commission shall be processed in accordance with the provisions of Sections 13110 through 13120 of the California Code of Regulations.

An applicant may propose that the City consider entering into a development agreement pursuant to Title 7, Chapter 4, Article 2.5 of the Government Code, commencing with Section 65864, by filing an application with the Department of Community Development. All agreement provisions are subject to modification or suspension as set forth in Title 7, Chapter 4, Article 2.5, of the Government Code, commencing with Section 65864.

The application shall be accompanied by the following:

Upon receipt of a complete application, the results of the environmental review, and the recommendations of the Department, the Planning Commission shall schedule a public hearing to determine whether the proposal conforms to the General Plan and, if the site of the development agreement is located within the coastal zone, to the Local Coastal Program. The Planning Commission hearing shall be scheduled within six months following receipt of a complete application, unless the City and the applicant mutually agree to a later date.

Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project. If the development project is located within the coastal zone, a Coastal Development Permit is required. If the site of the development agreement is in the coastal zone and the proposed development is inconsistent with the certified Local Coastal Program, the development agreement shall not become effective unless and until a Local Coastal Program amendment is approved and effectively certified by the Coastal Commission.

Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Planning Commission, the City Council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the same manner as set forth in Section 246.08.

If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.

After the public hearing is closed, the City Council shall approve, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the City Council makes the following findings:

Any approval of a proposed agreement shall authorize the Mayor and the City Manager to sign the agreement on behalf of the City, and shall become effective after 30 days following the second reading, unless a referendum is filed within that time.

All development agreements shall be reviewed by the Director at least once every 12 months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.

Prior to each review, the department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other matters the department wishes to bring to the Director's attention.

If the department review determines that all terms and conditions of the agreement have been met, and the Director concurs in writing, no further review shall be required.

If the department report recommends modification or termination of the agreement, or if the Director proposes to make such a recommendation to the City Council, he or she shall schedule a public hearing before the Planning Commission on the agreement if such modifications are major or involve land use changes. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 246.08. At such hearing the applicant shall have the burden of demonstrating his or her good faith compliance with the terms and conditions of the agreement. After closing the public hearing, the Planning Commission shall determine whether to recommend that the agreement be terminated or modified.

Upon receipt of the Director's or Planning Commission's recommendation, the City Council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 246.08. If, after the public hearing is closed, the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the City Council may modify or terminate the agreement. Any modification or termination is subject to the provisions of Section 246.18 of this chapter.

Scope. The Director shall set a date, time, and place for the public hearing and prepare a report to the Planning Commission on an application for a zoning amendment describing the area, standard or provision to be considered for change and, if warranted, proposing alternative amendments. The notice shall also state whether an amendment to the Local Coastal Program is required. The hearings will be held within 60 days after final environmental evaluation.

Notice of Hearing. Notice shall be given in accord with Chapter 248.

Before the Planning Commission makes its recommendation on an application for a change of zoning district applicable to a specific site or a change in the text of a zoning or subdivision provision or standard, it shall determine whether or not:

Prior to a change in the Coastal Conservation District (CC) classification, the following findings shall be made:

Hearing Date and Notice. Upon receipt of a Planning Commission recommendation for approval or conditional approval of an amendment to the zoning text or map, the City Clerk shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within a reasonable time of the date of filing of the Commission recommendation. The City Clerk shall give notice of such hearing in the manner prescribed as required by Chapter 248.

Council Decision. Prior to adoption of an ordinance, the Council shall make findings that the proposed amendment is consistent with the policies of the General Plan and the notice and hearing provisions of Chapter 248.

An amendment to the Local Coastal Program may be initiated by one of the following:

City Council Action on Amendments. The recommendation of the Planning Commission must be acted upon by the City Council. A public hearing on the amendment shall be conducted after first giving notice of the hearing pursuant to Section 13515 of the California Code of Regulations. The City Council may approve, approve with modifications, or disapprove any amendment.

City Council Submittal for Coastal Commission Action on Amendments. Any proposed amendment to the Local Coastal Program shall not take effect until it has been certified by the Coastal Commission. Any amendment approved by the City shall be submitted to the Coastal Commission in accordance with Sections 30512 and 30513 of the Public Resources Code. An amendment to this Local Coastal Program as certified by the California Coastal Commission shall not become effective after City Council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq. of the California Code of Regulations and also certified by the California Coastal Commission pursuant to Chapter 6, Article 2 of the California Coastal Act.

Fees. The City Council, by resolution, shall establish and from time to time amend a schedule of fees imposed for any amendment to the Local Coastal Program.

The date, time and place of the hearing;

A general explanation of the matter to be considered, including a general description of the area affected;

Other information which is required by statute or specific provision of this Code or which the Director considers necessary or desirable.

In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given, the body shall make findings to support its decision.

Subsection A of this section applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision. The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law.

Form. After hearing the evidence and considering the application, the reviewing body—i.e., the Zoning Administrator, Planning Commission, or City Council—shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision.

Time. The reviewing body shall formulate its written findings within five calendar days after the decision.

Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within five working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision.

Acceptance Is Applicant's Agreement. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions.

Notice of Appeal. A person desiring to appeal a decision shall file a written notice of appeal with the Director within the time required by Section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. This section shall not apply to any action which must be heard by the City Council whether or not an appeal from the Planning Commission is filed.

Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal.

Action on Appeal. The Director or City Clerk shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 248.02 and 248.04.

De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination that is being appealed.

Any person may appeal a decision, requirement or determination made by the Director in the administration of the zoning and subdivision ordinances not otherwise provided for in the individual titles of this Code. The Planning Commission shall hear the appeal in the first instance. The appeal shall be in writing, filed with the Director and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within 10 calendar days of the date of the action appealed.

The notice of appeal shall be in the form provided by subsections A and B of Section 248.20. The Director shall schedule the appeal for consideration by the Planning Commission within 30 calendar days and shall give the appellant 10 calendar days notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council.

A City Council member or a Planning Commissioner may appeal a decision of the Director, Design Review Board, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal.

The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body.

Duties of Director. Upon determination by the Director that there are reasonable grounds for revocation of conditional use permits, variance, development plan approval, or other discretionary approval authorized by this Code, a revocation hearing shall be set before the original hearing body.

Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation hearing.

Hearing. The Planning Commission or Zoning Administrator shall hear testimony of City staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. A public hearing may be continued to a specific date, time, and place without additional public notice.

Required Findings. The Planning Commission or Zoning Administrator shall revoke the permit upon making one or more of the following findings:

Decision and Notice. Within 10 days of the conclusion of the hearing, the Planning Commission or Zoning Administrator shall render a decision and the Director shall mail notice of the decision to the owner of the use or structure for which the permit was issued and to any other person who has filed a written request for such notice.

Effective Date—Appeals. A decision to revoke a discretionary permit shall become final 10 days after the date of the decision, unless appealed.

Rights Cumulative. The City's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

Civil Action. The City Attorney at the request of the City Council may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of Titles 20 through 25 of this Code, as provided by law.

Payment of any fine or penalty shall not relieve a person, firm, or corporation from the responsibility of correcting the condition consisting of the violation.

Notification of Violations. Whenever the Director determines that any property within the City is being maintained contrary to the provisions of this ordinance code, the Director shall give written notice ("notice to abate") to the owner, sent by certified mail to his or her last known address, stating the section(s) or standards being violated. Such notice shall set forth a reasonable time limit, in no event less than seven days, for correcting the violation(s).

Administrative Hearing to Correct Violations. In the event said owner shall fail, neglect or refuse to comply with the notice to abate, the Director shall require the Zoning Administrator to conduct an administrative hearing to ascertain whether abatement should be required.

Notice of Hearing. Notice of said hearing shall be mailed to the owner not less than 10 days before the time fixed for hearing. Failure of any person to receive notice shall not affect the validity of the abatement proceedings hereunder.

Administrative Hearing. At the time stated in the notice, the Zoning Administrator shall hear and consider all relevant evidence, objections or protests and shall receive testimony relative to such alleged zoning violation and to the proposed eviction or relocation of an illegal use or the rehabilitation, repair, removal or demolition of illegal structures. Said hearing may be continued from time to time. If the Zoning Administrator finds that a zoning violation does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate, demolish, remove or repair an illegal structure, the Zoning Administrator shall prepare findings and an order specifying the nature of the violation, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right of appeal set forth in subsection F of this section. A copy of the findings and order shall be mailed to the property owner by certified mail. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property.

Procedure—No Appeal. In the absence of any appeal, the illegal use shall be discontinued or property shall be rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the order of abatement. In the event the owner fails to abate the violation as ordered, the Zoning Administrator shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner. The Zoning Administrator is expressly authorized to enter upon said property for such procedure.

Appeal Procedure—Hearing by City Council. The owner may appeal the Zoning Administrator's findings and order to the City Council by filing an appeal with the City Clerk within seven days of the date of the Zoning Administrator's decision. The appeal shall contain:

Decision by Council. Upon the conclusion of the hearing, the Council shall determine whether any use or structure on the property or any part thereof, as maintained, constitutes a zoning violation. If the Council so finds, the Council shall adopt a resolution declaring such a violation, setting forth its findings and ordering the abatement of the same by having the illegal use evicted or relocated or the illegal structure rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than 30 days. The decision and order of the Council shall be final.

Notice of Order to Abate. A copy of the resolution of the Council ordering the abatement of such violation shall be sent by certified mail to the property owner(s). Upon abatement in full by the owner, the proceedings hereunder shall terminate.

Abatement by City. If such nuisance is not abated as ordered within the prescribed abatement period, the Director shall cause the same to be abated by City employees or private contract. The Director is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the violation shall be billed to the owner and shall become due and payable 30 days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect; costs incurred in documenting the violation; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.

Limitation of Filing Judicial Action. Any action appealing the Council's decision and order shall be commenced within 30 days of the date of mailing the decision.

Demolition. No illegal structure shall be found to be a zoning violation and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonable to correct such violation.

Recorded Notice of Intent to Demolish Required. A copy of any order or resolution requiring abatement by demolition shall be recorded with the County Recorder.

Record of Cost of Abatement. The Director shall keep an account of the cost, including incidental expenses, of abating zoning violation on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council showing the cost of abatement, including the cost of eviction or relocation of illegal uses or rehabilitation, demolition, or repair of illegal structures, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five days upon the lot or parcel where the violation occurs, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the property owner(s) at least five days prior to submitting it to the City Council. Proof of posting and service shall be made by affidavit filed with the City Clerk.