§ 18.142.050 — Council Action on Amendments

A. Approval. 1. All Amendments. Upon receipt of the Planning Commission's recommendation to approve, approve in modified form, or deny an amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the amendment. 2. Action on Zoning Code and Zoning Map Amendments. The action by the Council to approve the Planning Commission’s recommendation regarding a Zoning Code or Zoning Map amendment shall require the affirmative vote of the majority of the entire membership of the Council. In the event the Council is unable to reach agreement on a proposed Zoning Code or Zoning Map amendment, the amendment shall be deemed denied. 3. Action on General Plan Amendments. The action by the Council to approve the Planning Commission’s recommendation regarding a General Plan amendment shall require the affirmative vote of a majority of the entire membership of the Council, adopted by resolution, and shall be final and conclusive. In the event the Council is unable to reach agreement on a proposed General Plan amendment, the amendment shall be deemed denied. B. Referral to Planning Commission. 1. Council Referral for Further Study. a. The Council may defer action on an amendment and instead request the Planning Commission to study and report on the proposed amendment. b. Upon receipt of the request from the Council, the Planning Commission shall conduct the requested study at a public meeting. c. If the Planning Commission fails to report back to the Council within a reasonable time period, in the Council’s sole discretion, the Council shall have the option of actin on the amendment without the Planning Commission’s recommendation on the amendment. 2. Council Referral for Substantial Modifications to Previously Considered Amendments. a. If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation. b. The Planning Commission shall not be required to hold a public hearing on the referral. c. Failure to Respond – General Plan Amendments. If the Planning Commission fails to report back to the Council within 45 days after the referral of the General Plan amendment, or a longer period as may be designated by the Council, the Planning Commission’s inaction shall be treated as a recommendation for approval of the amendment in compliance with Government Code Sections 65356. d. Failure to Respond – Zoning Code and Zoning Map Amendments. If the Planning Commission fails to report back to the Council within a reasonable time period after the referral of a Zoning Code or Zoning Map Amendment, in the Council's sole discretion, the Council shall have the option of acting on the amendment without the Planning Commission's recommendation on the amendment.