Chapter 17.50

This article establishes the overall structure for the application, processing, review, and action on discretionary permit applications and identifies and describes those discretionary permits and other approvals required by this Zoning Code. [Source: 17.42.010, modified]

In addition to the prohibited marijuana activities and uses established in this section, the following uses shall also be prohibited in the Town of Windsor: [Source: 17.06.050.E]

• A. Mixed-light cultivation of marijuana; [Source: 17.06.050.E.1]

• B. Marijuana nurseries; [Source: 17.06.050.E.2]

• C. Manufacturing of marijuana products; [Source: 17.06.050.E.3]

• D. Testing facilities for the testing of marijuana or marijuana products; [Source: 17.06.050.E.4]

All development within the Town Limits shall be consistent with the General Plan. This Zoning Code is one (1) of the primary tools for implementing the goals, objectives, and policies of the General Plan. Zoning permit applications filed, in compliance with the requirements of this Code, shall be consistent with the General Plan and any applicable specific plan, which are also considered part of the General Plan. General Plan consistency shall be accomplished as specified in Section 17.02.060 (Relationship to General Plan) and Table 17.06-1 (Zones Classifications). [Source: NEW]

A land use on property that complies with the permit requirement or exemption provisions of

17-156

(Supp. No. 53)

ZONING CODE 17.52.020

this Zoning Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this Zoning Code shall eliminate the need to obtain any permits required by: [Source: NEW]

• A. Any other Municipal Code provisions, including Building, Grading, Fire, or other construction permits, or subdivision approval if required by the Subdivision Ordinance; or [Source: NEW]

• B. Any applicable County, regional, State, or Federal regulations. [Source: NEW]

• A. Subdivision of Land. Procedures and standards for the review and approval of land subdivisions are established in the Town's Subdivision Ordinance. [Source: 17.42.010.B]

• B. Buildings and Construction. Procedures and standards for the review and approval of construction and building are established in Municipal Code Title 7 (Building and Housing). [Source: NEW]

Chapter 17.52.

Application Processing Procedures

This chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this Zoning Code. [Source: 17.40.010, modified]

Table 17.52-01 (Review Authority) identifies the Town official or body responsible for reviewing and making decisions on each type of permit application required by this Zoning Code. [Source: 17.40.020, modified]

17-157 (Supp. No. 53)

17.52.030

TOWN OF WINDSOR CODE

• [(1) ] "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.74 (Appeals).

• [(2) ] The Director may defer action and refer the request to the Commission, so that the Commission may instead make the decision.

• [(3) ] GFA means gross floor area.

• [(4) ] The Director, acting as the Administrative Hearing Officer, is the Review Authority for this decision.

---

• A. Concurrent Filing. An applicant for a development project that requires the filing of more than one (1) application (e.g., Conditional Use Permit, Tentative Map, etc.), shall file all related applications concurrently, together with all application fees required by Section 17.52.040 (Application Preparation and Filing) and Section 17.52.050 (Fees). [Source: NEW]

• B. Concurrent Processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved by the highest Review Authority designated by this Zoning Code for any of the applications. For example, a project for which applications for a Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission being the final decisionmaking authority for the Conditional Use Permit as required by Table 17.52-01 (Review Authority). In the example cited, the Commission would consider all the applications (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council. [Source: NEW]

• A. Preapplication Conference. A prospective applicant is strongly encouraged to request a preapplication conference with the Department before permit application submittal. The purpose of this conference is to inform the applicant of Town requirements as they apply to the proposed project, review the Town's permit review process, consider possible project alternatives or modifications, and identify necessary technical studies and required information relating to the environmental review of the project. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application or project by Department representatives. [Source: 17.40.030.A, modified]

• B. Application Contents. Land use permit applications shall be filed with the Department using the forms provided by the Department. Applications shall include all necessary fees and/or deposits, and all other information and materials required by the Department. It is the responsibility of the applicant to provide information in support of any findings required

17-158

(Supp. No. 53)

ZONING CODE

17.52.060

by this article for the approval of the permit or other approval being requested. [Source: 17.40.030.B, modified]

• C. Compliance with Growth Control Ordinance. Any application for proposed residential dwelling units, whether through subdivision or nonsubdivision application shall comply with the Town's Growth Control Ordinance. [Source: 17.40.030.C, modified]

• D. Eligibility for Filing. Applications may only be filed by the owner of the subject property, or other person with the written consent of the property owner. [Source: 17.40.030.D]

• E. Filing Date. The filing date of any application described in this chapter shall be the date when the Department receives the last submission of information or materials required by Subsection B., above, in compliance with Section 17.52.060 (Initial Application Review). [Source: 17.40.030.E]

• A. Fee Schedule. The Council shall establish a fee schedule for the processing permit applications required by this Zoning Code, hereafter referred to as the Master Fee Schedule. [Source: 17.40.040.A, modified]

• B. Multiple Applications. The Town's Application Fees are cumulative. For example, if an application for a Lot Line Adjustment also requires a Variance, both fees shall be charged. Unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees, at the discretion of the Director. [17.40.040.B, modified]

• C. Timing of Payment. An application shall not be processed and shall not be considered submitted until all required fees and deposits have been paid. [Source: 17.40.040.C]

• D. Refunds and Withdrawals. The required application fees cover Town costs for public hear-

ings, mailings, staff time, and the other activities involved in processing applications. No refunds due to a denial are allowed. In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal. [Source: 17.40.040.D, modified]

Applications filed with the Department in compliance with this Zoning Code and applicable provisions of State law shall be processed as follows: [Source: 17.40.050, modified]

• A. Completeness Review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed. [Source: 17.40.050.A]

  1. Notification to Applicant. As required by Government Code Section 65943, within thirty (30) calendar days of application filing, the applicant shall be notified in writing that the application is complete and the remaining fees that are necessary for processing to begin; or that the application is incomplete, and that additional information shall be provided within sixty (60) days. The Director shall have the authority to extend the amount of time for submitting the additional information required to complete the application. Per Government Code Section 65928, the review periods established in this paragraph do not apply to legislative land use decisions, such as amendments to the Zoning Code or General Plan. [Source: 17.40.050.1, modified]

  2. Appeal of Determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is com-

17-159

(Supp. No. 53)

17.52.070

TOWN OF WINDSOR CODE

plete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 17.74 (Appeals). [Source: 17.40.050.2]

3. Submittal of Additional Information. The time and submittal requirements for applications which require the submittal of additional information shall comply with the following:

   • a. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by Paragraph 4, below. [Source: 17.40.050.3]

   • b. The Director's review of the additional information submitted by the applicant shall be accomplished in compliance with Subparagraph A.1, above, along with another thirty-day period of review for completeness. [Source: NEW]

4. Expiration of Application. If an applicant fails to provide the additional information specified in the Director's letter within six (6) months after the first filing with the Department, the application shall expire and be deemed withdrawn. The applicant may request, and the Director may grant one (1) extension of up to six (6) months. After the expiration of an application, project approval shall require the submittal of a new, complete application, and associated filing fees. [Source: 17.40.050.4, modified]

   5. Application Available for Public Review. After an application has been submitted, in compliance with the Freedom of Information Act, the Town may, if requested, make the application available for public review. [Source: NEW]

5. Environmental Information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.52.090 (Environmental Assessment). [Source: 17.40.050.5]

• B. Referral. At the discretion of the Director, or where otherwise required by this Zoning Code, General Plan, or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project. [Source: 17.40.050.B, modified]

Notice of Application Required. A notice of application shall be required for each discretionary project requiring action by the Commission or Council. When required, notice of the application shall be provided to property owners and occupants within three hundred (300) feet of the project site.

1. Applicability. A notice of application is required for a project meeting the following:

   • a. The project requires approval of a discretionary permit by the Commission or Council; [Source: Town staff draft language]

   • b. The project requires a public hearing; and [Source: Town staff draft language]

17-160

(Supp. No. 53)

ZONING CODE

17.52.080

• c. The project is located in or adjacent to a residential or mixed-use development or zoning district. [Source: Town staff draft language]

2. Exemption. A notice of application is not required for a project meeting any of the following:

   • a. Nonresidential projects adjacent to nonresidential land uses, zoning districts, and General Plan land use designations. [Source: Town staff draft language, modified]

   • b. Ministerial Projects. Ministerial projects include the issuance Building Permits, Business Licenses, Home Occupation Permits, and similar project or permits as determined by the Director. [Source: Town staff draft language]

3. Director's Right to Require. At the sole discretion of the Director, a notice of application or neighborhood meeting may be required for a development proposal. When a neighborhood meeting is required, it shall comply with the requirements included in Section 17.52.080. [Source: Town staff draft language, modified]

When a neighborhood meeting is required, it shall comply with the requirements of this section. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meeting. [Source: Town staff draft language]

• A. Timing. The timing of neighborhood meetings shall comply with the following:

  1. Meeting Timing. When required by this section, a neighborhood meeting shall be held before submittal of the formal application for the develop-

ment proposal, except as established in Subparagraph 3 (Director's Right to Require), above. [Source: Town staff draft language]

2. Failure to Hold Meeting. If the neighborhood meeting is not held before submittal of the formal application for development, the application shall be deemed incomplete until the neighborhood meeting has been held. [Source: Town staff draft language]

3. Follow-up Meeting Encouraged. When a neighborhood meeting has been held before submittal of the formal application, applicants are encouraged to hold a follow-up neighborhood meeting to explain project changes to the neighborhood before the public review by the Commission or Council. [Source: Town staff draft language]

• B. Notification Required. A neighborhood meeting shall be notified as required in this Subsection.

  1. Mailed Notices. A neighborhood meeting shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 300 feet from the exterior boundaries of the Assessor's parcels that are the subject of the development proposal. [Source: Town staff draft language]

  2. On-Site Posting. The applicant shall install a sign on the subject property in a place conspicuous to the public, at least ten (10) days before the scheduled neighborhood meeting, as indicated in Chapter 17.78 (Public Notices and Hearings). [Source: Town staff draft language]

  3. Official Posting. The Town shall post notices in at least one (1) public place

(Supp. No. 53)

17-161

17.52.090

TOWN OF WINDSOR CODE

representative is required to attend the neighborhood meeting and provide basic information including the following: [Source: Town staff draft language]

within the Town boundary as specified by the Director. [Source: Town staff draft language]

4. Town Webpage Posting. Notice shall also be given by posting on the Department's Town webpage. Alternative online postings, including, but not limited to, social media are at the discretion of the Director. [Source: Town staff draft language]

   1. Site analysis, graphically depicting existing conditions and the neighborhood context;

   2. Conceptual site plan showing locations of all proposed structures, roads, parking areas, landscaping, and conceptual parcel lines with approximate dimensions;

5. Electronic Notice. Notice shall be emailed to the Department's electronic distribution list for Town public notices. [Source: Town staff draft language]

   3. Conceptual structure design information and the proposed density of the project; and

6. Other Notices. Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale, or size. [Source: Town staff draft language]

   4. Purpose of the project and its target market. [Source: Town staff draft language]
   • E. Independent Professional Staff Recommendation Required. Neighborhood or applicant comments and recommendations are not binding on Town staff. Town staff will consider the neighborhood comments, as well as those of all referral agencies/ organizations, but will formulate its own professional independent recommendation to the applicable review authorities. [Source: Town staff draft language]

• C. Town Staff Responsibilities at Neighborhood Meeting. Town staff is required to attend neighborhood meetings. The role of Town staff is to identify and explain Town policies, including provisions of the General Plan and this Zoning Code, as they relate to the development proposal under consideration. Town staff may provide objective comments on the proposal but is not expected to present a position or recommendation on the proposal at the neighborhood meeting. Town staff shall also serve as moderator/facilitator and take meeting notes. A summary of the neighborhood meeting will be provided to the applicable Review Authority as part of the report provided by Town Staff for a conceptual or formal application. [Source: Town staff draft language, modified]

• A. California Environmental Quality Act Review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA). [Source: NEW]

     - B. Compliance with California Environmental Quality Act. All environmental documents shall comply with CEQA and the Town's CEQA guidelines. [Source: NEW] 
  
     - C. Special Studies Required. One (1) or more special studies, paid for in advance by the 
  

  • D. Applicant Responsibilities at Neighborhood Meeting. The applicant or project

    • 17-162

• (Supp. No. 53)

ZONING CODE

17.56.010

applicant and overseen and managed by the Town, may be required to complete the Town's CEQA compliance review. The final studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public. [Source: NEW]