(a) Rezone applications that are not dependent upon a comprehensive plan amendment shall be considered minor rezones. These quasi-judicial actions may be processed at any time. The review criteria for minor rezones shall be the same as those listed in Chapter 10.40.050(c).

(b) The hearing examiner shall issue a recommendation to approve, approve subject to a development or concomitant agreement, modify or deny the proposed minor rezone.

(c) The planning commission may, if requested by the hearing examiner, submit a recommendation on the proposed minor rezone to the hearing examiner prior to the issuance of his recommendation. The recommendation of the planning commission shall in no way be binding on the hearing examiner.

(d) The legislative body shall conduct a closed record public meeting on the recommendation and may approve, approve subject to a development or concomitant agreement, modify or deny the application. The legislative body may also remand the application to the hearing examiner before making a decision if the legislative body determines that the hearing examiner's recommendation needs clarification or further fact finding on specific points, consistency with this title or the comprehensive plan.

(e) Minor rezone decisions may be appealed as provided in S.M.C. Title 21. (Ord. 1634, § 176, 2004.)