The purpose of this chapter is to establish the procedures for amending the text, regulations, or maps of this Zoning Ordinance and the San Marcos General Plan. Amendment may include the alteration of Zone boundaries; the classification of property land uses; the transition of a Transitional Zone from the Initial Zone to the Future Zone; permit requirements of Zones; goals, policies, implementation measures; or other provisions of this Zoning Ordinance or the General Plan that may be amended where required for the public necessity, convenience, and/or the general welfare of the San Marcos community.

A.

Terminology. "Amendments" as used in this chapter shall refer to applications to amend this Zoning Ordinance or the San Marcos General Plan. The process and requirements for amending either document shall be consistent with the provisions of this chapter.

B.

Amendments may be initiated by the following:

1.

A property owner or the agent of such owner seeking an amendment, supplement to, or change of the Zone of his/her property.

2.

The City Council.

3.

The Planning Commission.

C.

The standards of this chapter shall apply for all rezoning of property within the City, including rezoning of Transition Zone property to the Future Zone.

Where amendments are initiated by a property owner, the application shall be made to the Planning Division in a format specified by the Director. Applications are subject to payment of a fee in accordance with the City's fee schedule, consistent with Chapter 20.500 (Permits and Applications Process).

A.

City Initiated. Where amendments are initiated by the City Council or Planning Commission, no application is required.

B.

Process. The amendment process is generally illustrated in Figure 20.530-1.

C.

Submittal. Submittal of all information and materials deemed necessary to render the requested land use decision is required before the application is deemed complete.

Amendments are subject to approval by the Planning Commission and the City Council in a hearing or hearings noticed in accordance with Chapter 20.505 (Noticing and Public Hearings).

A.

Decisions. The Planning Commission shall announce its decision and shall recommend the adoption of the amendment by the City Council or recommend that the application be denied by the City Council.

B.

City Council Action. The City Council shall hold a public hearing on the matter, notice of which shall be given as prescribed in Chapter 20.505 (Noticing and Public Hearings).

1.

Where the Planning Commission recommends denial of the application and makes no alternate recommendation, the City Council shall not be required to hold a hearing on the matter unless the applicant files with the City Council a written request that said City Council holds a hearing on the matter.

2.

The action of the City Council is final and conclusive.

(Ord. No. 2017-1450, 9-12-2017)

The City shall have the right to review the appropriateness of a change of Zone enacted at the request of the property owner if the land is not put to the use permitted by the amendment within twelve (12) months, or such other time as may be reasonably required for the development of the land. Such Zone amendment may be rescinded by the City Council by ordinance, after notice and hearing, as provided for in Chapter 20.505 (Noticing and Public Hearings).