San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Section 2.4.1.3Approval Process

2. Before taking final action on a text amendment, the City Council may consider the recommendations of the Planning Commission and any other advisory bodies, the Responsible Official, and comments made at the public hearing. 3. The City Council shall approve, approve as revised, deny, send the proposed text amendment back to an advisory body or the Responsible Official for additional consideration. 4. All enactments, amendments and changes must be in the form of an ordinance. Copies of adopted city ordinances shall be kept on file at the office of the City Clerk. Section 2.4.1.4Criteria for Approval A. The following lists of criteria are not all-inclusive. Review and recommendations on text amendments to this Development Code should consider whether: 1. The proposed text amendment corrects an error or meets the challenge of some changing condition, trend or fact; 2. The proposed text amendment is in response to changes in state law; 3. The proposed text amendment is generally consistent with the Comprehensive Plan and other adopted plans; 4. The proposed text amendment does not conflict with any specific policy or action item of the Comprehensive Plan; 5. The proposed text amendment is generally consistent with the stated purpose and intent of this Development Code; 6. The proposed text amendment constitutes a benefit to the City as a whole and is not solely for the good or benefit of a particular landowner or owners at a particular point in time; 7. The proposed text amendment is not tied solely to a particular tract or development proposal. 8. The proposed text amendment significantly impacts the natural environment, including air, water, noise, stormwater management, wildlife and vegetation; and 9. The proposed text amendment significantly impacts existing conforming development patterns, standards or zoning regulations.

A. Responsible Official Action.

1. The Responsible Official shall provide a report and recommendation to the City Council when the Council considers authorizing a public hearing on a text amendment.

2. Upon authorization, the Responsible Official shall:

a. Review the application for a text amendment in accordance with Section 2.4.1.4 and provide a report and recommendation to the Planning and Zoning Commission. b. Provide web notice of the application in accordance with Section 2.3.2.1(d). c. Provide published notice of a public hearing before the City Council. B. Advisory Body Action. Where required by this Development Code, the City Charter, or other applicable law, the City Council shall consider the recommendation of any other advisory body prescribed by this Development Code, concerning the proposed amendment. Where action is required of the advisory body on a proposed amendment, the advisory body also shall conduct a public hearing. 1. The Planning and Zoning Commission shall hold a public hearing on the text amendment in accordance with Section 2.3.3.1. The Planning and Zoning Commission shall make a recommendation regarding the text amendment to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the text amendment to this Development Code. C. Planning and Zoning Commission Action.

D. City Council Action.

1. The City Council shall cause published notice of the amendment to be published in accordance with Section 2.3.2.1 and conduct a public hearing on a proposed amendment to this Development Code in accordance with Section 2.3.3.1.

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Amended: September 1, 2020 San Marcos Development Code