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The City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification was previously considered by the Planning Commission during its hearing. Any modification not previously considered shall be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period than specifically designated by the City Council, shall be deemed to be an approval of the proposed modification.
(§ 8164.16, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § 1, Ord. 959-NS, eff. April 28, 1987)