RESOLUTION NO.
A RESOLUTION OF THE TOWN OF WINDSOR
APPROVING A GENERAL PLAN AMENDMENT TO RENEW AND EXTEND THE
URBAN GROWTH BOUNDARY (UGB)
THE PEOPLE OF THE TOWN OF WINDSOR DO HEREBY RESOLVE AS
FOLLOWS:
Section 1. Statement of Purpose and Effect.
A. Purpose. For the last 20 years, the Windsor Urban Growth Boundary (“UGB”) has encouraged a cohesive pattern of urbanization with definite identifiable boundaries and protected the Town of Windsor’s quality of life by concentrating development within existing developed areas, or, in some cases, directly adjacent to them, consistent with the availability of infrastructure and services. This resolution will renew the UGB and extend the purposes of the UGB until December 31, 2040. Areas non-contiguous with the Town’s boundary are not included. This resolution will also expand the boundaries of the UGB slightly to include three new properties totaling approximately 22.5 acres.
B. Effect. The Renewed UGB will continue to:
- Encourage efficient growth patterns and protect the Town of Windsor’s quality of life by concentrating future development within existing developed areas;
- Promote uses that foster public health and safety and productive investment for farming enterprise on lands outside the boundary;
- Foster and protect the surrounding rural character of Windsor while encouraging appropriate economic development in accordance with the Town’s unique local conditions;
- Concentrate growth within the boundary in order to limit the extent of required Town services and restrain increases in their costs;
- Allow the Town to continue to meet the housing needs for all economic segments of the population, especially lower and moderate income households, by directing the development of housing into areas where services and infrastructure can be provided more cost effectively.
Section 2. General Plan Amendment.
A. General Plan Map Amendments. Amend the Town of Windsor General Plan – 2015 adopted March 13, 1996 as amended as follows:
(1) Amend all figures and maps illustrating the Town boundaries to reflect the revised UGB to include Assessor’s Parcel Numbers 164-150-010, 164-150-009, and 164-150-054.
(2) Amend the General Plan Land Use Map to include “Light Industrial and potential Junior College Expansion Area” land use designations for APNs 164-150-009, 164-150-010, and 164-150-054.
B. General Plan Text Amendments. Amend the Town of WindsorGeneral Plan – 2015 adopted March 13, 1996 as amended as follows(text to be inserted is presented in underline, text to be deleted is presented in strikeout):
(1) Amend Chapter 4, section B.1 as follows:
B.1 Establish an Renew the Urban Growth Boundary with sufficient land to accommodate the Town’s growth for the next 20 years until December 31, 2040.
B.1.1 An Urban Growth Boundary is established as shown on the Land Use Plan Map (Figure 4-3) to encourage a compact, cohesive pattern of urbanization with definite, identifiable boundaries that more readily create a sense of community identity. No new Town development other than that authorized by the Open Space, Parks, and Public/Quasi-Public/Institutional land use designations shall be permitted outside the Urban Growth Boundary.
B.1.2 The Urban Growth Boundary is based on a number of factors intended to promote orderly and efficient development within the Town. These factors include natural features, such as creeks and hills, Sonoma County’s community separators, availability of utilities, proximity to existing urban uses, property lines, and the productivity of farmlands, and the need to accommodate future growth of the Town.
B.1.3 Areas that have limited potential to accommodate urban development are not included in Windsor’s Urban Growth Boundary. Such areas may include those that have extensive sensitive biological habitats supporting rare and endangered species, oak woodlands, and wetlands; active and viable agricultural production; or extensive areas of community separators.
(2) Amend Chapter 4, section B.2 as follows:
B.2 Propose Maintain a Sphere of Influence that is consistent with the Urban Growth Boundary.
B.2.1 The Sphere of Influence proposed by the Town (see Figure 4-1) should be contiguous with the Urban Growth Boundary except that the Town may proposed that land outside the Urban Growth Boundary may be proposed for inclusion within the Sphere of Influence if its intended use will not require urban services and its inclusion is necessary or desirable for implementation of General Plan non-urban land use goals and policies, such as the dedication of an open space or scenic easement.
B.2.2 Although the Town has well fields along the Russian River, irrigation sites, and wastewater storage ponds that are not adjacent to the town limits and not within the Urban Growth Boundary, the Town should seek to include them as part of a non-contiguous Sphere of Influence in order to promote compatible land uses in the vicinity.
(3) Amend Chapter 4, section B.3 as follows:
B.3 Set priorities for the development of areas within the Sphere of Influence, considering proximity to existing urban development, availability of public services and utilities, fiscal effects for the Town, and protection of Williamson Act land contracts.
B.3.1 The Town should assign priorities for prioritize areas for development of areas within the Urban Growth Boundary. The designation of priority areas priorities should be reevaluated every five years periodically. at a minimum. The purpose of the prioritization is to direct the location and timing of development so that it occurs in an orderly manner consistent with the availability of community services and utilities.
B.3.2 The Town shall identify development Prioritization of development with the Urban Growth Boundary shall priority areas considering consider the following factors:
a. Are urban services and facilities provided by the Town and other public agencies available or expected to be available?
b. Is the area adjacent to existing urban uses?
c. Will the development of the area promote “infill” development within the existing town limits?
d. If residential, would the development maintain Windsor’s single family character? , as described in Policy A.6.2 of this chapter ?
e. Would the development encourage neighborhood centers which may include complementary retail services, public facilities, and uses/amenities that enliven the streets?
f. Would the development avoid lands under Williamson Acts contracts, unless such contracts are due to expire through nonrenewal prior to construction?
g. Is the area desired for future public facilities, such as schools and fire stations?
h. Would the development have a net adverse fiscal effect on the Town?
i. Would the development of the area provide an opportunity to protect public health and safety by upgrading failing septic systems that may degrade water quality?
B.3.3 The Town does not actively seek to annex unincorporated lands. Annexation should generally be initiated by the property owner.
(4) Amend Chapter 4, Section B.4 as follows:
B.4 Ensure that growth occurs concurrently with the provision of adequate services and infrastructure.
B.4.1 Sewer,water, and other Town services shall not be extended to new development outside the Urban Growth Boundary nor shall service to existing development outside the Urban Growth Boundary be expanded unless the
Town Council makes each of the following findings:
a. The land use to which the service would be extended or expanded is consistent with all applicable policies of the Town’s General Plan in effect as of October 2, 1997; and
b. The land use to which the sewer service would be extended or expanded is compatible with open space uses as defined in the General Plan in effect as of October 2, 1997 , does not interfere with accepted
agricultural practices, and does not adversely affect the stability of land use patterns in the area; and
c. The property to which the service would be extended or expanded is immediately adjacent to land already served by the service(s) to be extended; and
d. Specific Circumstances, unique to the property to which the service would be extended or expanded would otherwise deprive the property of privileges enjoyed by other comparable property outside the Urban Growth B
Boundary and in the vicinity of the property to be served. ; and
e. In addition to payment of applicable capacity fees and connection charges, the property to which the service would be extended or expanded shall bear the cost of extending and/or expanding the Town pipes and appurtenances for water, sewer, and/or recycled water service to the property, including an alignment of the service that is determined by the Town Engineer and in compliance with Town Standards; and
f. The property to which the service would be extended or expanded shall be subject to the same rules and regulations as other Town customers for water, sewer, and/or recycled water service to the property, said rules and regulations at the time of application including but not limited to water conservation measures, metering of individual residential units, pretreatment, fire service, etc.
B.4.2 Policy B.4.1 shall not be applied:
a. In any manner that impairs the rights of any recipient of Town services outside the Urban Growth Boundary where those rights are granted to the recipient by a valid contract between the recipient and the Town and entered into prior to October 2, 1997 November 7, 2017; or
b. In any manner that impairs the Town’s ability to supply treated wastewater for the irrigation of agricultural land; or
c. To limit the extension of water and/or sewer service to existing development if the Town Council finds, based on substantial evidence in the record before it, that the extension is necessary to replace failing septic, wastewater and/or water systems and that the capacity of the extension does not exceed that required to serve development existing in the area receiving the extension as of October 2, 1997 November 7, 2017.
B.4.3 To the extent allowed by law, the Town may support annexation of all or portions of unincorporated residential areas within the Urban Growth Boundary only when public services and facilities meeting Town standards are available or plans are in place demonstrating their availability future installation by developers or property owners in the near future to the lands proposed for inclusion in the Town. The Town shall seek to ensure that
the newly annexed lands pay for the additional public services and facilities required to serve the area. Funds for these services and facilities may be generated through such methods, including but not limited to, the
establishment of special assessment districts or through payments by the developers/property owners.
B.4.4 The Town may consider changing the priority of an area for annexation if requested by property owners. However, if existing and/or proposed public facilities and utilities are inadequate to serve the area of concern, the priority of the area for annexation shall be reconsidered only if it can be demonstrated that all necessary facilities will be provided by the property owner, and that such re-prioritization will not have unacceptable adverse fiscal or environmental impacts on the Town.
(5) Amend Chapter 4, section B.5 as follows:
B.5 In order to promote long-range planning, it is intended that the foregoing policies B.1, B.1.1, B.2, B.4, B.4.1, B.4.2, B.4.3, and B.4.4, as well as this policy B.5 and its subsidiary policies, B.5.1, and B.5.3.5.4 remain in effect until December 31, 2017 2040. Any amendments before that date shall be adopted pursuant to the procedures set forth below.
B.5.1 To comply with state law regarding the provision of housing for all economic segments of the community, the Town Council may amend the Urban Growth Boundary designated on the Land Use Map in order to accommodate lands to be designated for residential uses, provided that no more than 10 acres of land may be brought within the Urban Growth Boundary for this purpose in any calendar year. A request for such an amendment must be accompanied by a specific housing proposal. Such amendment may be adopted only if the Town Council makes each of the following findings:
(1) That the land is immediately adjacent to existing comparably developed areas and the applicant for the redesignation has provided evidence that the Windsor Fire Protection District, Police Department, Department of Public Works Public Works Department, the Community Services Development Department, and the Windsor Unified School District, or successor departments and agencies have adequate capacity to accommodate the proposed development and provide it with adequate public services; and
(2) That the proposed development will consist of primarily low and very low income housing pursuant to the Housing Element of this General Plan. ; and
(3) That there is no existing residentially designated land available within the Urban Growth Boundary to accommodate the proposed development; and
(4) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Growth Boundary for low and very low income housing; and
(5) The proposed development contributes to satisfying state law requirements for provision of low and very low-income housing.
B.5.2 The Town Council may amend the Urban Growth Boundary designated on the Land Use Plan Map if it finds that:
(1) The application of Policy B.1.1 and the Urban Growth Boundary designated on the Land Use Plan Map, would constitute an unconstitutional taking of a landowner’s property, and
(2) The amendment and associated land use designation will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner’s property.
B.5.3 The Town Council may amend the Urban Growth Boundary designated on the Land Use Plan Map to add up to a total of 20 acres of land to the area lying within the Urban Growth Boundary if it finds that:
(1) The addition will provide for commercial and/or industrial uses which will promote local employment and strengthen the community’s tax base; and
(2) There is no existing commercial and/or industrial land available within the UGB to accommodate the proposed economic opportunity; and
(3) There is sufficient water and sewer capacity, as determined by the Public Works Department, to serve the addition and still meet the Town’s General Plan commitments; and
(34) The addition is contiguous to the Urban Growth Boundary.
(45) In addition, a request for such an amendment must be accompanied by a specific development proposal.
C. Conforming Amendments. In light of the General Plan amendments set forth above, the Town of Windsor General Plan adopted March 13, 1996 is hereby amended as set forth below in order to promote internal consistency
among the various elements of the General Plan. Text to be inserted into the General Plan is underlined while text to be stricken is presented in strikeout type. The language adopted in the following amendments may be further
amended as appropriate without a vote of the people in the course of future updates and revisions to the General Plan for purposes of maintaining conformance.
(1) Amend Chapter 2, SectionG, Critical Challenges,Growth Management heading, first bullet, page 2-10, as follows:
• Administering an Urban Growth Boundary for the Town that will define the limits of urbanization for the next 20 years until December 31, 2040.
(2) Amend Chapter 3, section B, Goals and Objectives, Community Development Pattern heading, first bullet, page 3-4, as follows:
• Adopt Renew an Urban Growth Boundary to provide the Town with sufficient land to accommodate the Town’s growth management strategy or the next 20 years until December 31, 2040
Section 3. Implementation.
A. Effective Date. This resolution shall become effective upon the certification of the election results showing a majority of the voters of the Town of Windsor have approved the ballot question adopting this initiative. Upon the effective date of this resolution, the amendments to the Town of Windsor General Plan shall hereby be made to the General Plan.
B. Other Town Ordinances and Policies. To the extent necessary, all Town plans, policies, rules, and regulations constituting legislative acts shall be amended as soon as possible and in the time and manner required by State law to ensure consistency between those policies and the provisions adopted.
C. Project Approvals. Upon the effective date of this resolution, the Town, its departments, boards, commissions, officers, and employees shall not grant, or by inaction allow to be approved by operation of law, any General Plan amendment, rezoning, specific plan, tentative or final subdivision map, conditional use permit, building permit, or any other ministerial or discretionary entitlement, which is inconsistent with this initiative. Nothing in this initiative shall prevent the Town from redesignating or relabeling the maps or the policies described herein, so long as the text of the amended policies is not changed and the geographical scope of the Urban Growth Boundary is not changed. Nothing in this initiative shall be construed to prohibit the Town from complying with State laws requiring density bonuses and/or other incentives for affordable housing development projects, as defined by State law.
Section 4. Exemptions for Certain Projects.
This initiative shall not apply to any development project that has obtained a vested right pursuant to state law as of the effective date of this initiative.
Section 5. Severability.
If any portion of this initiative is declared to be invalid by a court, the remaining portions are to be considered valid.
Section 6. Amended or Repeal.
Except as specifically provided herein, this initiative may be amended or repealed only by the voters of the Town of Windsor at a Town election.
APPROVEDBYTHE FOLLOWINGVOTEOFTHEPEOPLEON NOVEMBER7, 2017
YES ____
NO ____
Adopted by declaration of the vote by the Town Council of the Town of
Windsor on ___________ effective ________ 2017.
_________________________________
DEBORA FUDGE, MAYOR
ATTEST:
___________________________
MARIA DE LA O, TOWN CLERK
