Windsor Municipal Code Art. 1 General

This chapter is adopted under the authority of Government Code §§ 65864—65869.5.

(Ord. No. 92-23 § 1)

As used in this chapter:

Development agreement shall mean a development agreement entered into between the Town and a Developer (as defined in Section 4 pursuant to Government Code §§ 65864 et seq. and this chapter.

Person shall mean an individual, group, partnership, firm, association, corporation, trust, governmental agency, or any other form of business or legal entity.

Project shall mean the development project that is the subject of a development agreement.

(Ord. No. 92-23 § 2)

a. The Town Manager shall prescribe the form for each application, notice and documents provided for or required hereunder for the preparation and implementation of development agreements.

b. The Town Manager may require an applicant to submit such information and supporting data as he/she reasonably considers necessary to process the application.

c. Each application shall be accompanied by a development agreement on the Town's form of development agreement.

d. The Town Council shall establish by resolution the schedule of fees and charges imposed for the filing and processing of applications and documents provided or required hereunder.

(Ord. No. 92-23 § 3)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person, including any authorized agent, who has a legal or equitable interest in the real property which is the subject of the development agreement, provided that in all instances the owner(s) of fee Title of the real property shall join in the application or the development agreement shall be conditional upon the close of escrow vesting fee title to the property in the developer. The Town Manager may require an applicant to submit proof of his/her interest in the real property and of the authority of any agent to act for the applicant. The qualified applicant and any successors-in-interest shall be referred to as "Developer."

(Ord. No. 92-23 § 4)

The Town Manager shall endorse on the application the date it is received. He/she shall review the application and may reject it if it is incomplete or inaccurate for purposes of processing. If the Town Manager finds that the application is complete, he/she shall accept it for filing. He/she shall prepare a staff report and recommendation and shall state whether or not the agreement proposed or in an amended form would be consistent with the General Plan and any applicable specific plan. The Town Manager shall also indicate whether or not the staff recommends approval of the agreement as proposed or in an amended form.

(Ord. No. 92-23 § 5)

a. Public Hearing. A public hearing shall be held on the proposed development agreement by both the Planning Commission and the Town Council.

b. Notice. The Town Manager shall give notice of intention to consider adoption of development agreements in the manner provided in subsection (d) and of any other concurrent public hearing required by law.

c. Form of Notice. The form of the notice of intention to consider adoption of a development agreement shall contain:

1. The date, time and place of the hearing;

2. A general explanation of the matter to be considered, including a general description of the property, in text or by diagram, that is the subject of the hearing;

3. The identity of the hearing body; and

4. Other information required by specific provision of this chapter or which the Town Manager considers necessary or desirable.

d. Time and Manner of Notice. The time and manner of giving notice shall be by:

1. Publication or Posting. Publication at least once in a newspaper of general circulation, published and circulated in the Town at least ten (10) days prior to the hearing, or if there is no such newspaper, posting at least ten (10) days prior to the hearing in at least three (3) public places in the Town; and

2. Mailing. Mailing of the notice at least ten (10) days prior to the hearing to: (i) All persons shown on the last equalized assessment roll as owning real property within three hundred (300′) feet of the property which is the subject of the proposed development agreement, (ii) All persons shown on the last equalized assessment roll as owning the subject real property and to the developer for the proposed development agreement; and (iii) Each local agency expected to provide water, fire, sewage, streets, roads, schools or other essential services or facilities to the subject property, whose ability to provide those facilities and services may be significantly affected.

e. Additional Notice. The Planning Commission or Town Council, as the case may be, may direct that notice of the public hearing shall be given in a manner that exceeds the notice requirements prescribed by State law.

f. Failure to Receive Notice. The failure of any person entitled to notice required by law or this chapter does not affect the authority of the Town to enter into a development agreement.

(Ord. No. 92-23 § 6)

The public hearings shall be conducted as nearly as may be in accordance with such procedural standards as may be adopted for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The developer has the burden of proof at the public hearing on the proposed development agreement.

(Ord. No. 92-23 § 7)

After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the Town Council. The recommendation shall include the Planning Commission's determination whether the development agreement proposed:

a. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

b. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

c. Is in conformity with public convenience, general welfare and good land use practice;

d. Will not be detrimental to the health, safety and general welfare; and

e. Will not adversely affect the orderly development of property or the preservation of property values.

The recommendation shall include the reasons for the recommendation.

(Ord. No. 92-23 § 8)

a. After a public hearing, the Town Council may accept, modify or disapprove the recommendation of the Planning Commission. It may, but need not, refer back to the Planning Commission matters not previously considered by the Planning Commission during its hearing for report and recommendation.

b. The Town Council may not approve the development agreement unless it takes all the determinations set forth in Section 16-1-135, above. The Town Council, in its sole discretion, may deny the development agreement on the grounds that in its opinion the proposed agreement is not in the best interest of the public.

c. If the property is located outside the Town limits, the application for a development agreement shall be acted upon by the Town only if the property is within the Town's sphere of influence. If so, the agreement shall be conditional upon the property being annexed to the Town and shall specify the time period for completion of annexation. If annexation does not occur within the specified time period, the agreement shall be null and void.

(Ord. No. 92-23 § 9)

If the Town Council approves the development agreement, it shall do so by the adoption of an ordinance. No sooner than thirty (30) days after the ordinance approving the development agreement is adopted, the Town may enter into the agreement.

(Ord. No. 92-23 § 10)