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BACKGROUND Under the City Council's Rules and Operating Procedures, Council may usually reconsider a prior decision at its next meeting. In order to do so, a council member who voted in the majority on the item must request that the matter be reconsidered and then a majority of the Council must vote to reconsider. The item is then returned to Council on a future agenda. From time to time, Council's action on a land use decision is based on its approval (or denial) of a conditional use permit and/or design review. These decisions are quasi- adjudicatory (as opposed to legislative) land use decisions. The Zoning Ordinance applicable to these land use procedures provides that once the decision is made, the decision becomes effective immediately. See, for example, Section 18.124.080, Pleasanton Municipal Code. Court decisions hold that since all quasi-adjudicatory decisions must be grounded in statute, in the absence of a provision in the Zoning Ordinance allowing a hearing body to change its determination, it may not do so. Council has asked staff to place on its agenda an item which, if approved by Council, would initiate an amendment to the Zoning Ordinance to allow quasi-adjudicatory land use decisions to be reconsidered by delaying the effective date of these decisions for thirty days or until after the Council meeting following the meeting at which the decision was made, whichever is longer. (This latter provision would be necessary if, in the odd instance, there is more than 30 days between regular City Council meetings.) DISCUSSION Council's adoption of the motion to initiate this change would simply start the process to amend the Zoning Ordinance. The Planning Commission and then City Council would hold public hearings on the proposed change to the Ordinance. If the amendment is adopted, it would then allow Council to reconsider these type of land use decisions. Submitted by: 7 ~ Michael H. Roush City Attorney Approved by: Nelson Fialho City Manager Page 2 of 2