18.76.070   EFFECT OF CITY COUNCIL'S FAILURE TO ADOPT REZONING ORDINANCE.
   .010   Resolution of Intent.  Notwithstanding any other provision of this Code to the contrary, the approval of any resolution of intent to reclassify or rezone property ("resolution of intent") by the City Council or by the Planning Commission shall not:  (i) confer or vest any rights to reclassification or rezoning of the property, prior to the adoption of an ordinance by the City Council reclassifying or rezoning the property ("rezoning ordinance"); or (ii) compel, commit, mandate or otherwise require the City Council to adopt any such rezoning ordinance.
   .020   Rezoning as Legislative Decision.  Consideration of any rezoning ordinance by the City Council shall be deemed a legislative decision, and adoption of any such rezoning ordinance shall be at the sole discretion of the City Council, notwithstanding the approval of any previous resolutions of intent or other actions of either the City Council or the Planning Commission relating to such matter.
   .030   Effect of Council Action on Resolution of Intent.  In the event the City Council fails to adopt any rezoning ordinance (for which a resolution of intent was previously approved, pursuant to an action by either the City Council or the Planning Commission, which action subsequently became final), upon a vote thereon by the City Council, or the City Council fails to introduce any rezoning ordinance at a City Council meeting where such rezoning ordinance appears on the Council agenda for introduction, any previously approved final resolution of intent relating thereto shall be deemed null and void.
   .040   Appeal or Rehearing.  The action of the City Council in failing to adopt such rezoning ordinance shall have the same effect as a timely appeal of the approval of a reclassification by the Planning Commission, or the timely granting of a rehearing of the approval of a reclassification by the City Council.  The City Clerk shall thereafter schedule a public hearing before the City Council, upon such matter in the same time and manner as specified in Chapter 18.60 (Procedures).
   .050   Hold Harmless.  Except as expressly set forth in this section, neither the City nor its officers or employees shall have any obligation or liability for the failure of the City Council to adopt any rezoning ordinance.  (Ord. 5920 § 1 (part); June 8, 2004.)