19.40.040 City council approvals.

(A) Authority. The following entitlements may be approved by the city council, as specified elsewhere in this title:

(1) Zoning map and ordinance text amendments, pursuant to Chapter 19.48;

(2) Planned community conceptual master plans, pursuant to Chapter 19.16;

(3) Specific plans, pursuant to Chapter 19.17;

(4) Development agreements;

(5) Entitlements otherwise subject to community development director or planning commission approval when filed in conjunction with any of the applications listed above.

(B) Applications.

(1) An application for an entitlement subject to the approval of the city council shall be submitted to the community development department on forms specified by the council, and shall be accompanied by all maps, plans, and other information deemed necessary by the director.

(2) An application shall be accompanied by any fee established by the council.

(3) The director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application. If such additional information is not provided within ninety days, the application shall be considered withdrawn, and any unused fees shall be refunded to the applicant. At the director's discretion, an additional thirty days may be granted to complete an application.

(1) Upon acceptance of an application subject to city council approval as complete and following completion of any environmental review, the application shall be referred to the planning commission for review and recommendations. The commission shall hold a public hearing on the matter in accordance with Section 19.40.030, and shall transmit to the council a written recommendation for approval, conditional approval or denial, including reasons for the recommendation.

(2) Should the commission fail to act upon the referral within a reasonable time, the council may, by written notice, require the commission to render its report within forty days after the reference or such longer period as may be designated by the council. Upon receipt of the written notice, the commission, if it has not done so, shall conduct a public hearing. Failure to so report to the council within the stipulated time period shall be deemed to be a recommendation for approval of the application.

(D) Public Hearings.

(1) Upon receipt of the recommendation of the planning commission, the city clerk shall set the application for a public hearing before the council. However, if the commission has recommended against approval of a referred application, the city council need not take further action unless an interested party files a request for a hearing with the city clerk within five days after the planning commission files its recommendation with the city council.

(2) Notice of the public hearing shall be given in the manner specified in this chapter.

(3) A public hearing shall be held before the council at the time and place specified by the public notice. The council may establish rules for the conduct of such hearings. Any hearing may be continued provided that the time and place to which it is continued is announced prior to adjournment or recess.

(E) Decision.

(1) The council may approve, modify, or disapprove the recommendation of the planning commission on an application, by resolution, following the close of the public hearing, or within thirty days thereafter. Such resolution shall include any findings required by this title.

(2) Any modification of the application by the council not previously considered by the commission during its hearing, shall first be referred to the commission for a report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within forty days after the reference, or such longer period as may be designated by the council, shall be deemed to be approval of the proposed modification.

(3) Written notice of the council's decision, including any conditions of approval, shall be given by mail within five calendar days of the decision to the applicant and any person who has filed a written request for notice of the decision.

(4) The council's decision, including any conditions of approval, is final on adoption of an order or resolution containing its determination.

(5) Subsequent requests to delete or modify a condition of approval, or modify a project may be considered at a properly-noticed public hearing before the council.