§ 9-73.060. Council's Action on Amendments

A.

Approval or disapproval of amendment. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based upon the findings contained in Section 9-73.070 (Findings and Decision), below.

B.

Referral to Commission.

1.

If the Council proposes to adopt any modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall first be referred back to the Commission for its written recommendation, in compliance with State law (Government Code Sections 65857), and the public hearing shall be continued to allow sufficient time for the Commission to report back.

2.

The Commission shall not be required to hold a public hearing on its review of the proposed modification.

3.

Failure of the Commission to report back to the Council within 40 days after the referral, or within a longer time designated by the Council, shall be deemed a recommendation for approval of the modification.

4.

A modification shall be deemed "previously considered" if the modification of the proposed amendment by the Council is based upon the issues and evidence initially heard by the Commission.

(§ 5, Ord. 1085, eff. January 6, 2006)