9805.5. - Action by the city council.

The city council shall hold at least one (1) public hearing on the proposal within forty (40) days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in section 9804. Within twenty-one (21) days following the closing of the public hearing, the city council shall make its decision on the proposal. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any substantial modification of the proposed ordinance or amendment by the city council not considered by the planning commission during its hearing shall first 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 as may be designated by the city council, shall be deemed approval of the proposed modification.