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Wheatland City Zoning Code

CHAPTER 18

85 AMENDMENTS

§ 18.85.010 Authority compliance with statutes.

A. 
The provisions of this title may from time to time be amended, supplemented, changed, modified or repealed, including but not limited to amendment of the zoning text, changing any property from one zone to another, imposing any regulation not previously imposed, or modifying any such regulation previously imposed.
B. 
The provisions of Chapter 4, Division 1, Title 7 of the Government Code shall be complied with when these amendments, supplements, changes, modifications, or repealing actions are taken.
(Ord. 337 Exh. A, 1991)

§ 18.85.020 Public hearing.

The planning commission shall hold a public hearing on any such ordinance or amendment. At the public hearing, the planning commission shall hear any person affected by the proposed amendment. The hearing may be continued from time to time.
(Ord. 337 Exh. A, 1991)

§ 18.85.030 Notice.

A. 
Notice of the time and place of said hearing, including a general explanation of the matter to be considered, and a general description of the area affected, shall be given at least ten calendar days before the hearing in the following manner:
1. 
Publication at least once in a newspaper of general circulation that is circulated in the city;
2. 
First-class mail to any person who has filed a written request therefor with the planning commission; such request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing;
3. 
Mail or delivery to all persons, including businesses, corporations, or other private or public entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of a proposed zoning change; and
4. 
Mail or delivery to all owners of property included in a proposed zoning change.
B. 
In the event that the number of owners to whom notice would be sent pursuant to subsections A(3) and A(4) of this section is greater than one thousand, the city may, as an alternative, provide notice as follows:
1. 
Such notice shall be given at least ten days prior to the hearing by either of the following procedures:
a. 
By placing a display advertisement of at least one-eighth page in the newspaper having the greatest circulation within the area affected by the proposed ordinance or amendment;
b. 
Placing an insert with any generalized mailing sent by the city or county to property owners in the area affected by proposed ordinance or amendment, such as billing for city services.
2. 
Such advertising or mail insert shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard.
3. 
Failure to receive the notice required by this section shall not invalidate the ordinance or amendment.
4. 
This section does not apply to a proposed zoning ordinance or to an amendment to an existing zoning ordinance which does not effect the permitted use of real property within the city or prezoned areas.
(Ord. 337 Exh. A, 1991)

§ 18.85.040 Commission recommendations.

A. 
When the city council requests the planning commission to study and report upon a zoning ordinance or amendment, and the commission fails to act upon such a request within a reasonable time, the council may, by written notice, require the commission to render its report within forty days. Upon receipt of the written notice, the commission shall conduct the required public hearing, if it has not already done so. Failure to report to the city council within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zoning ordinance.
B. 
After the public hearing required by Section 18.85.020, the planning commission shall render its decision in the form of a written recommendation to the city council. Such recommendation shall include the reasons for the recommendation and the relationship of the proposed ordinance or amendment to applicable general and specific plans and elements. This recommendation shall be transmitted to the city council in such form and manner as may be specified by the city council.
(Ord. 337 Exh. A, 1991)

§ 18.85.050 Council hearing.

A. 
The city council, at its next regular meeting following the receipt of the planning commission's report, shall cause the matter to be set for public hearing, subject to the rules regarding placement of matters on its agenda and applicable state mandates.
B. 
Notice of the time and place of the hearing shall be given as per subsections (A)(1) and (A)(2) of Section 18.79.030.
C. 
At the public hearing, the city council shall hear any person affected by the proposed amendment.
D. 
The hearing may be continued from time to time, but shall be concluded within sixty days of commencement.
E. 
The city council may approve, modify, or disapprove the recommendation of the planning commission.
(Ord. 337 Exh. A, 1991)

§ 18.85.060 Modification or disapproval by council.

A. 
Any modification of the proposed ordinance or amendment by the city council, which was not previously considered by the planning commission during its hearings, shall first be referred to the planning commission for a report and recommendation.
B. 
The commission shall not be required to hold a public hearing on the city council's referral.
C. 
Failure of the commission to report within forty days after the referral, or such longer period designated by the council, shall be deemed to be approval of the proposed modification.
(Ord. 337 Exh. A, 1991)

§ 18.85.070 Adoption or rejection.

A. 
The city council may adopt the proposed ordinance or amendment within forty-five days of the applicable following event:
1. 
Planning commission filing a report on council modification or disapproval; or
2. 
Expiration of the time period for such a planning commission report as set by the city council; or
3. 
Conclusion of the council public hearing if subsections (A)(1) or (A)(2) of this section are not applicable.
B. 
Failure of the city council to adopt the proposed ordinance or amendment within the time set forth in this section shall be deemed to be denial of such ordinance or amendment.
(Ord. 337 Exh. A, 1991)

§ 18.85.080 Consistency with general plan.

A. 
In the event that the zoning ordinance becomes inconsistent with the Wheatland general plan by reason of amendment to the plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time, so that it is consistent with the Wheatland general plan as amended.
B. 
When the planning commission recommends a general plan or general plan element to the city council for adoption or amendment, and such general plan action does or will if the council adopts such, cause the zoning to not be consistent with the general plan, then no public hearing for the purpose of bringing zoning into consistency with the Wheatland general plan shall be held by the planning commission within two weeks of the date on which that general plan, element or amendment has been recommended to the city council for adoption or amendment.
C. 
When the city council has adopted or amended a general plan or general plan element, and such action has or will bring zoning into inconsistency with the general plan, then no public hearing for the purpose of bringing zoning into consistency with the Wheatland general plan shall be held by the city council within two weeks of the date on which that general plan, element, or amendment, was adopted by the city council.
(Ord. 337 Exh. A, 1991)