Chapter 17.72

This chapter provides procedures for the amendment of the General Plan, the Zoning Map, this Zoning Code, Specific Plan, or Master Plan. [Source: 17.54.010, modified]

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17.72.050

After the filing and initial processing of a proposed amendment in compliance with Chapter 17.52 (Applications, Processing, and Fees) the Commission and Council shall conduct public hearings regarding the amendment. Notice of the hearings shall be given in compliance with State law and the public noticing requirements included in Chapter 17.78 (Public Notices and Hearings) and Section 17.52.080 (Neighborhood Meeting). [Source: 17.54.020]

The Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings in Section 17.72.050 (Findings), below. [Source: 17.54.030, modified]

• A. Action to Approve/Denial. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment based on the findings in Section 17.72.050 (Findings), below [Source: 17.54.040.A, modified]

• B. Referral to Commission. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification may be first referred back to the Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. [Source: 17.54.040.B]

An amendment to the General Plan, the Zoning Map, Specific Plan, Master Plan, or this Zon-

ing Code may be approved only if all the following findings are made, as applicable to the type of amendment. [Source: 17.54.050, modified]

• A. Findings for General Plan Amendments. All the following findings shall be made for General Plan Amendments:

  1. The proposed amendment would not make the General Plan internally inconsistent. [Source: 17.54.050.A.1]

  2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town. [Source: 17.54.050.A.2, modified]

  3. The site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested/anticipated land use developments. [Source: 17.54.050.A.3]

• B. Findings for Zoning Code, Specific Plan, Master Plan, and Zoning Map Amendments. All of the following findings shall be made for Zoning Code, Specific Plans, Master Plans, and Zoning Map Amendments. [Source: 17.54.050.B, modified]

  1. Findings Required for all Zoning Map/ Code Amendments: [Source: 17.54.050.B.1, modified]

     • a. The proposed amendment is consistent with the General Plan and any Specific Plan or Master Plan. [Source: 17.54.050.B.1.a]

     • b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town. [Source: 17.54.050.B.1.b, modified]

  2. Additional Finding for Zoning Map Amendments: The site is physically

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17.72.060

TOWN OF WINDSOR CODE

suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested Zones and anticipated land uses/developments. [Source: 17.54.050.B.2]

3. Additional Finding for Zoning Code Amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. [Source: 17.54.050.B.3, modified]

• A. Purpose. An unincorporated property within the Town's Urban Growth Boundary may be prezoned to the Zone that would apply upon annexation to the Town. [Source: 17.54.060.A, modified]

• B. Initiation and Processing. A prezoning shall be initiated, processed, and approved or denied in the same manner as provided for Zoning Map Amendments by this chapter. [Source: 17.54.060.B, modified]

• C. Application of Official Zones. Upon the effective date of annexation, the zone established by prezoning shall become the official zone of the site and shall be so designated on the Zoning Map. [Source: 17.54.060.C, modified]