A. Applicability: An application shall be subject to review, hearings, recommendations, and decisions as indicated in Table 7.5.1-A.
B. Discussions: During consideration of an application, the Manager may consider alternative potential conditions. No discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, regulations, or governing court decisions. Discussions of potential conditions to mitigate impacts do not reflect actions by the City unless and until the City takes formal action to attach that condition to a development approval.
C. Hearings:
1. Hearings shall be held at the date, time, and place for which public notice was provided in accordance with Section 7.5.406 (Public Notice). A hearing may be continued without additional notice provided that, prior to the adjournment or recess of the hearing, the body holding the hearing establishes and announces the date, time, and location at which the hearing will be continued.
2. Any person may present evidence or testimony during a public hearing, subject to the rules of procedure for the decision-making body holding the hearing.
D. Meetings and Decisions:
1. Manager: The Manager's decision on an application shall be deemed final and shall set forth the findings of fact together with conditions of approval considered necessary to mitigate impacts and protect the public health, safety, and welfare.
2. Planning Commission, FBZ Review Board, or Historic Preservation Board:
a. The Planning Commission, FBZ Review Board, or Historic Preservation Board shall announce its decision at the conclusion of the public hearing. The decision shall set forth any conditions of approval considered necessary to mitigate impacts and protect the public health, safety, and welfare.
b. The decision of the Planning Commission, FBZ Review Board, or Historic Preservation Board regarding matters over it has authority according to Table 7.5.1-A shall be deemed to be final agency action unless appealed to City Council pursuant to Section 7.5.705 (Appeals).
3. City Council:
a. Without further public notice or hearing, the City Council may:
(1) Refer the item back to the Planning Commission, FBZ Review Board, or Historic Preservation Board for further review or consideration;
(2) Affirm any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda;
(3) Reverse any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda; or
(4) Modify any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda.
b. In all matters before the City Council the entire file of the Department pertaining to the matters shall be made a part of the record of the City Council. The file shall include at a minimum: the minutes from Planning Commission, FBZ Review Board, or Historic Preservation Board; maps; drawings; departmental reports; and applications.
c. In all matters before the City Council where an ordinance is required to give effect to a quasi-judicial land use decision or where an ordinance is accompanied by a related quasi-judicial application pursuant to Subsection 7.5.403D (Multiple Applications), Council shall vote on the ordinance on first reading without conducting a hearing or taking public comment. Hearings for the ordinance and any related applications shall be conducted prior to the second reading of the ordinance. City Council shall vote on related applications concurrent to the second reading of the ordinance. (Ord. 23-03)