San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Division 4: CITY COUNCIL

Division 3: PLANNING AND ZONING COMMISSION

Section 2.2.4.1Authority for Amendments to Development Code The city council may from time to time amend, supplement or change by ordinance the text of this development code on its own initiative or upon application for a text amendment. Section 2.2.4.2Review Authority The city council shall finally decide all types of development applications, appeals, or petitions for relief authorized under this development code Table 2.1. A. Super-Majority Vote. Development applications where a super majority vote is required by this development code shall not become effective except by the favorable vote of six members of the City Council under the following circumstances: 1. When the planning and zoning commission recommends denial of the application. 2. When a written protest against the application is signed by the owners of 20 percent or more of either:

Section 2.2.3.1Structure of Commission

The members of the planning and zoning commission are appointed by the council in accordance with Section 2.091 of the city’s code of general ordinances. Section 2.2.3.2Review Authority A. The planning and zoning commission shall act as an advisory body, final or initial decision maker, and as an authority for deciding appellate and relief applications as indicated in Table 2.1. B. Advisory Board. The planning commission shall act as an advisory body to the city council and, in that capacity, shall review, prepare reports upon and make recommendations concerning approval, conditional approval or denial of legislative decisions as authorized by this development code regarding: 2. All matters related to the physical growth and development of the city as assigned by city council; and 3. The types of development applications summarized in Table 2.1. C. Quasi-Judicial Applications. The planning and zoning commission shall finally decide or initially decide, subject to appeal to the city council, the types of applications identified in Table 2.1 in accordance with the procedures and standards that apply to the petition or development application. D. Appellate Authority. The planning and zoning commission shall finally decide appeals and applications for relief on the development applications and relief applications identified in Table 2.1. 1. The city’s capital improvements program;

a. The area of the subject property; or

b. The land adjoining the subject property; or

c. The land within 200 feet of the subject property; or

d. The land within 400 feet of the subject property.

3. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. For purposes of this subsection, the following shall apply: a. The written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all such owners; b. The written protest must be submitted to the city clerk at least five business days before the date of the meeting at which the proposed change is to be considered; c. A person who wishes to withdraw a signature from a written protest must submit a signed, written request for the withdrawal to the city clerk by the deadline for

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San Marcos Development Code Amended: September 1, 2020