(a) The Governing Body, upon recommendation of the Planning Commission, may initiate the dissolution of an NCD and remove the overlay zoning. Alternatively, owners of at least 51 percent of the property within the proposed district may request the dissolution of such district.

(b) The Planning Commission shall conduct a public hearing. Notice of the hearing shall be published at least once in the official City newspaper at least 20 days prior to the hearing. Such notice shall fix the time and place for the hearing. In addition to the publication notice, written notice shall be mailed at least 20 days before the hearing to all owners of record within the district. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission or Governing Body.

(c) A majority of the members of the Planning Commission present and voting may take any of the following actions: (1) recommend dissolution of the district, including removal of the zoning overlay to the existing zoning district; (2) request additional information from the Planning Department; or (3) deny the dissolution. If the Planning Commission fails to make any recommendation, such failure shall be deemed a recommendation that the district not be dissolved.

(d) The Governing Body may take any of the following actions: (1) adopt the recommendation by ordinance; (2) amend or reject the recommendation by a two-thirds majority vote of the membership of the Governing Body; or (3) return the recommendation to the Planning Commission with a statement specifying the basis for the Governing Body’s failure to approve or disapprove.

(e) Return of Recommendation to Planning Commission. If the Governing Body returns the recommendation, the Planning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new or amended recommendation.

(f) Reconsideration by the Governing Body. Upon the receipt of the recommendation in subsection (e) of this section, the Governing Body, by a simple majority vote, may adopt the recommendation or amend and adopt the recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission’s next regular meeting after receipt of the Governing Body’s report, the Governing Body shall consider such course of action as a resubmission of the original recommendation and proceed accordingly. (Ord. 19815 § 7, 5-7-13.)