A. Upon conclusion of the public hearing, and prior to the expiration of 180 days from the date the demand was filed, the City Council shall:
1. Determine that the demand does not meet the requirements of Measure 37 and this chapter, and deny the demand; or
2. Adopt a resolution with findings therein that supports a determination that the demand meets the requirements of Measure 37 and this chapter, and either direct that the claimant be compensated in an amount set forth in the resolution for the reduction in value of the property, or remove, modify or direct that the challenged land use regulation not be applied to the property.
B. The City Council’s decision to waive or modify a land use regulation or to compensate the owner shall be based on whether the public interest would be better served by compensating the owner or by removing or modifying the challenged land use regulation with respect to the subject property.
C. If the City Council removes or modifies the challenged land use regulation, it may, at its discretion, put back into effect with respect to the subject property all of the land use regulations in effect at the time the claimant acquired.
D. A decision by the City Council to remove or modify a land use regulation shall be personal to the claimant(s) and shall automatically become invalid and void upon the transfer of any ownership interest in the subject property by anyone.
(Ord. 1165, passed 12-1-2004)