Ord 2020-059/amending various sections of the City’s Development Code to, among other things, address recommendations from the Alcohol Conditional Use Permit Committee, the Housing Task Force, the Historic Preservation Commission, and recommendations from

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x a r+m DIVISION 3: PLANNING AND ZONING COMMISSION DIVISION 4: CITY COUNCIL Section 2.2.3.1Structure of Commission Section 2.2.4.1Authority for Amendments to Development Code The members of the planning and zoning commission are appointed by the council in accordance with Section 2.091 of the city's code The city council may from time to time amend, supplement or of general ordinances. change by ordinance the text of this development code on its own Section 2.2.3.2Review Authority initiative or upon application for a text amendment. A. The planning and zoning commission shall act as an advisory Section 2.2.4.2Review Authority body,final or initial decision maker, and as an authority for The city council shall finally decide all types of development deciding appellate and relief applications as indicated in Table applications, appeals, or petitions for relief authorized under this 2.1. development code Table 2.1. B. Advisory Board.The planning commission shall act as an A. Super-Majority Vote. Development applications where a super advisory body to the city council and, in that capacity, shall majority vote is required by this development code shall not review, prepare reports upon and make recommendations become effective except by the favorable vote of six members concerning approval, conditional approval or denial of of the City Council under the following circumstances: legislative decisions as authorized by this development code regarding: 1. When the planning and zoning commission recommends denial of the application. 1. The city's capital improvements program; 2. When a written protest against the application is signed by 2. All matters related to the physical growth and development the owners of 20 percent or more of either: of the city as assigned by city council; and a. The area of the subject property; or 3. The types of development applications summarized in Table 2.1. b. The land adjoining the subject property; or C. Quasi-Judicial Applications.The planning and zoning c. The land within 200 feet of the subject property; or commission shall finally decide or initially decide, subject to d. The land within 400 feet of the subject property. appeal to the city council,the types of applications identified in Table 2.1 in accordance with the procedures and standards that 3. In computing the percentage of land area,the area of apply to the petition or development application. streets and alleys shall be included in the computation. For purposes of this subsection,the following shall apply: D. Appellate Authority.The planning and zoning commission shall finally decide appeals and applications for relief on the a. The written protest of any one owner of land owned development applications and relief applications identified in by two or more persons shall be presumed to be the Table 2.1. 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 2:8 San Marcos Development Code Amended: September 1, 2020