§ 12.04.100 Preliminary undertaking.

   (A)   A project shall be deemed to have been preliminarily undertaken by the city when the application has been reviewed, processed as above set forth, the affirmative determinations above required have been made, the approval of the city has been obtained, a period of 30 days from the date of publication of the notice referred to in division (D) below has expired and no requests have been received by the City Clerk for a public hearing pursuant to the publication of the notice. Should requests be received for a public hearing on the matter, the Council shall hold such a hearing as soon as is reasonably practicable. A further notice shall be given of the public hearing pursuant to Cal. Gov’t Code § 6061. If, after the public hearing, the Council decides to proceed, the project shall be deemed to have been preliminarily undertaken, provided, however, nothing herein shall be deemed to commit the city to proceeding, if as a result of the public hearing, the Council decides not to proceed.

   (B)   Preliminarily undertaking a project in no way obligates the city to undertake a project by entry into project agreements.

   (C)   The Council may decide to hold the public hearing referred to in division (A) above, and if so, the 30-day waiting period in division (A) above shall not apply.

   (D)   The Council may, as it deems necessary in certain instances, approve any particular application, regardless of the form thereof, without complying with §§ 12.04.060, 12.04.070, 12.04.100(A), (B) and (C).

(1995 Code, § 12.04.100)