Table 14-2.1-1 summarizes the review and decision-making responsibilities of the entities that have specific roles in the administration of Chapter 14 and, particularly, the procedures set forth in Article 14-3 (Review and Approval Procedures). Other duties and responsibilities of these entities are set forth in the following sections of this article.

(Ord. No. 2012-11 § 32; Ord. No. 2019-27 § 1; Ord. #2020-22, § 16)

(A)

Without limiting any authority granted to the governing body by state law or by other ordinances of the city, the governing body shall, with respect to Chapter 14, have the powers and duties set forth in Table 14-2.1-1, to be carried out in accordance with the terms of Chapter 14.

(B)

In addition, the governing body shall receive duly executed copies of the minutes and any final orders or determinations of the planning commission if requested.

(C)

If, within thirty days of any final order or determination by the planning commission, the governing body decides to review any such order or determination, notice of such proposed review shall be provided in the manner prescribed in Section 14-3.1(H) and such notice shall be a stay of execution of such final order of determination.

(D)

In exercising the powers set forth in Chapter 14, the governing body, after reviewing the minutes of the planning commission meeting, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and to that end shall have, in addition to all other municipal authority, that authority of the planning commission.

(E)

Subsections 14-2.2(C) and (D) shall not apply to appeals heard by the planning commission regarding decisions of the land use director. Such decisions of the planning commission are final.

(F)

The governing body shall hear appeals of final actions of any land use board except as set forth in Subsection 14-2.2(G). The governing body shall hold a public hearing de novo on the appeal after notice has been given in accordance with the notice provisions of Section 14-3.1(H)(4).

(G)

The governing body delegates its authority for hearing appeals of decisions of the land use director to the respective land use board as set forth in Chapter 14. Final actions of a land use board on the appeal of a decision of the land use director shall not be heard by the governing body. That appeal shall be filed in district court.

(H)

The governing body by adoption of a resolution may approve the temporary suspension of the enforcement of those sections of Chapter 14 setting forth the expiration of development approvals due to severe economic conditions. This authority shall not be used for specific development projects or individual economic situations, but shall apply to all development projects due to broad economic downturns.

(I)

The governing body may request a land use board review a proposed zoning map amendment or a proposed amendment to this chapter, and the land use board shall issue comments and nonbinding recommendations in response to the request.

(J)

The governing body shall review and grant or deny requests for waivers as set forth in Section 14-6.2(G) (Underground Electric, Telecommunications and Cable Utility Lines).

(A)

Designation There is a planning commission of the city, which shall be referred to as the "planning commission".

(B)

Delegation of Authority The governing body hereby delegates its authority for planning within the planning jurisdiction of the city, and for approving subdivision plats within the corporate boundaries of the city, as specifically set forth in Section 3-19-1 NMSA 1978 and more generally in Chapter 3, Articles 19 through 21 NMSA 1978, to the planning commission, except for those powers retained by the governing body in the Santa Fe City Code. The governing body delegates its authority to the planning commission to hear appeals, variances and special use permits as provided for in Chapter 14.

(C)

Powers and Duties. The planning commission has the review and decision-making responsibilities set forth in Table 14-2.1-1, to be carried out in accordance with the terms of Chapter 14. In addition, the planning commission is the principal city land use administrative board and has the powers and duties specified in this section.

(1)

Development Plans and Subdivision Plats.

Unless otherwise provided in Chapter 14, the planning commission shall review and approve or disapprove various specific development plans, requests and subdivision plats. When specifically authorized by Chapter 14, the decision of the planning commission is final, subject to any appeal right provided in this chapter. In all other instances, the planning commission shall provide advice and nonbinding recommendations.

(2)

Amendments and Modifications of Approved Plans.

The planning commission shall review and approve or disapprove amendments, modifications or time extensions of plans, designs, plats, restrictions and other matters previously approved by the planning commission. Nothing in this section precludes the land use director from approving minor amendments or modifications as authorized in Chapter 14.

(3)

Variances and Special Use Permits as Part of Subdivision or Development Plan Review.

If a request for variance or special use permit is part of a development plan or subdivision request requiring planning commission review, the planning commission shall hear and decide requests for variances pursuant to Section 14-3.16 and special use permits pursuant to Section 14-3.6.

(4)

Appeals.

The planning commission shall hear appeals of:

(a)

final actions of the land use director applying the provisions of Chapter 14 to a request for a development plan or subdivision, including a subdivision that would create one (1) additional lot pursuant to subsection 14-3.7(D).;

(b)

final actions of the land use director applying the terrain management regulations in Section 14-8.2 and the escarpment overlay district regulations in Section 14-5.6; and

(c)

final actions of the floodplain administrator.

(5)

Variances of Specified Regulations and Waivers to Flood and Supplementary Retail Regulations.

(a)

The planning commission shall review and grant or deny requests for variances from Section 14-5.6 (Escarpment Overlay District); Section 14-8.2 (Terrain and Stormwater Management); Section 14-8.3 (Flood Regulations); Section 14-8.11 (Santa Fe Homes Program); and Section 14-9 (Infrastructure Design, Improvement and Dedication Standards). When deciding variances, the planning commission shall comply with Section 14-3.16.

(b)

The planning commission shall review and grant or deny requests for waivers as set forth in Section 14-3.10 (Development in Special Flood Hazard Areas) and flood regulations set forth in Section 14-8.3 (Flood Regulations). When deciding the waiver requests, the planning commission shall comply with notice and procedural provisions referenced in Section 14-3.16(Variances), but shall use the approval criteria set forth in Section 14-3.10(E).

(c)

The planning commission shall review and grant or deny requests for waivers as set forth in Section 14-8.8 (Supplementary Regulations for Retail Structures Thirty Thousand Square Feet or Larger). When deciding the waiver requests, the commission shall comply with notice and procedural provisions referenced in Section 14-3.16 (Variances), but shall use the approval criteria set forth in Section 14-8.8(B)(4).

(d)

The planning commission shall review and grant or deny requests for waivers as set forth in Sections 14-6.2(E) (Telecommunication Facilities) and 14-6.2(F) (Electric Facilities).

(6)

Long-Range Policy Recommendations.

The planning commission may:

(a)

provide to administrative and governmental officials of the city recommendations for public improvements and the financing of such improvements. Public officials shall, upon request, furnish to the planning commission within a reasonable time such available information as it may require for its work; and

(b)

make reports and recommendations relating to the development of the city to public officials and agencies; public utilities; civic, educational, professional and other organizations; and citizens with regard to:

(i)

growth management, land use, transportation, development review procedures, urban design and capital improvements; and

(ii)

neighborhood and community planning and other community issues as they relate to long-term planning.

(7)

Other Recommendations to Governing Body.

The planning commission shall review and make recommendations to the governing body regarding:

(a)

the adoption of the general plan and proposed revisions and amendments to the general plan;

(b)

annexations;

(c)

rezonings; and

(d)

proposed amendments to Chapter 14, except for proposed amendments to Sections 14-2.7 (Archaeological Review Committee), 14-3.13 (Archaeological Clearance Permits) and 14-5.3 (Archaeological Review Districts), on which the archaeological review committee shall review and issue recommendations; to Sections 14-3.14 (Demolition of Historic or Landmark Structure) and 14-5.2 (Historic Districts) on which the historic districts review board shall make recommendations; and to Section 14-8.13 (Development Water Budgets) on which the public utilities committee shall review and issue recommendations.

(8)

Other Powers and Duties.

(a)

The planning commission may request any other committee or board to review a proposed official zoning map amendment or a proposed amendment to Chapter 14, and that committee or board shall issue comments and nonbinding recommendations in response to the request.

(b)

In the performance of its duties, the planning commission may enter on any land, make examinations and surveys, and place and maintain necessary monuments and markers on land.

(c)

As authorized by state law and Chapter 14, the planning commission may make decisions affecting the physical development of the city, including physical development authorized by a public agency or official not under the jurisdiction of the governing body. These decisions shall be consistent with the general plan and other adopted city policies.

(d)

The planning commission has all powers necessary to enable it to fulfill and perform its functions and carry out the duties authorized in the Santa Fe City Code.

(9)

Regulations; Planning and Platting; Development Review.

(a)

To carry out the planning and platting duties and development review responsibilities granted to the planning commission, including the adoption of an amendment to the general plan and approval and disapproval of plats and replats, the planning commission may adopt regulations, procedures and a schedule of fees; provided that such regulations, procedures and schedules of fees are consistent with the Santa Fe City Code and do not become effective and enforceable until approved by the governing body.

(b)

Among other regulations, the planning commission may adopt flow charts and checklists for matters within the planning commission's jurisdiction in order to provide information and assistance to the general public in complying with the provisions of the Santa Fe City Code.

(c)

Approved plats and development plans shall be signed by the chair and the secretary of the planning commission.

(D)

Membership and Procedures

(1)

Composition

The planning commission is composed of nine members who are qualified by training, experience and ability to exercise sound and practical judgment on civic, social, economic and governmental affairs.

(2)

Membership

(a)

Two (2) members from each city council district shall be appointed to the planning commission; and

(b)

One (1) at-large member shall be appointed to the planning commission.

(3)

Appointment and Term

The members of the planning commission shall be appointed by the mayor with the advice and consent of a majority vote of all the members of the governing body. Members shall serve two-year overlapping terms, maintaining the original overlap of planning commission terms. Members shall serve until their successors have been appointed and qualified.

(E)

Reserved.

(F)

Long-Range Planning Subcommittee

(1)

Designation

The "long-range planning subcommittee" is created as a subcommittee of the planning commission.

(2)

Delegation

The planning commission hereby delegates its authority, as set forth in this article and in Chapter 3, Articles 19 through 21 NMSA 1978, to the long-range planning subcommittee, except for those powers retained by the planning commission in the Santa Fe City Code.

(3)

Powes and Duties

The long range planning subcommittee shall make recommendations to the planning commission regarding long-range policy recommendations as set forth in Subsection 14-2.3(C)(6).

(4)

Membership and Procedures

Three members of the planning commission shall be elected by majority vote of the planning commission to serve on the long-range planning subcommittee. In addition, the mayor, with the advice and consent of the governing body, shall appoint two members to the long-range planning subcommittee who are not members of the planning commission.

(G)

Ad Hoc Subcommittees

(1)

Delegation

The governing body and the planning commission may delegate their authority to ad hoc subcommittees as specifically provided in this article and more generally in Chapter 3, Articles 19 through 21 NMSA 1978, except for those powers retained by the governing body.

(2)

Powers and Duties

Ad hoc subcommittees shall gather information for, make recommendations to, and otherwise assist the planning commission in accomplishing its powers and duties, as the planning commission deems appropriate.

(3)

Membership and Procedures

(a)

Pursuant to Chapter 3, Article 19 NMSA 1978 (Planning and Platting) and Article 2-1 SFCC 1987, the mayor, subject to the advice and consent of the governing body, may appoint ad hoc subcommittees.

(b)

Pursuant to Chapter 3, Article 19 NMSA 1978, the chair of the planning commission may appoint ad hoc subcommittees of the planning commission.

(c)

Ad hoc subcommittees may be composed of volunteer citizens, planning and land use department staff and planning commission members.
(Ord. No. 2015-25; Ord. #2020-22, § 16)

(Ord. No. 2019-27 §§ 2, 3)

(A)

Designation There shall be a board of adjustment of the city, which shall be referred to as the "board of adjustment" or the "BOA".

(B)

Delegation of Authority The governing body hereby delegates its authority, as set forth generally in Chapter 3, Articles 19 through 21 NMSA 1978, to the BOA as described in this section, except those powers retained to the governing body in the Santa Fe City Code. In addition, the governing body delegates authority to the BOA to hear appeals, variances and special use permits as provided in Chapter 14.

(C)

Powers and Duties The BOA has the review and decision-making responsibilities set forth in Table 14-2.1-1 to be carried out in accordance with the provisions of Chapter 14 and has the following additional responsibilities:

(1)

to hear appeals of final actions of the land use director applying the provisions of Chapter 14, unless jurisdiction for such appeals is otherwise specifically reserved to another land use board;

(2)

to hear and decide applications for special use permits as provided in Section 14-3.6 and Article 14-6 (Permitted Uses and Use Regulations), unless jurisdiction for such special use permits is specifically reserved to another land use board; and

(3)

to authorize in specific cases a variance from the terms of Chapter 14 as provided in Section 14-3.16.

(D)

Composition The BOA consists of seven members, two of whom may be planning commission members and at least five of whom shall be members-at-large. Members of the governing body may serve as at-large members.

(E)

Appointment and Term Members of the BOA shall be appointed by the mayor with the consent of the governing body. Members shall serve three-year overlapping terms, maintaining the original overlap of BOA terms. Members shall serve until their successors are appointed and qualified.

(Ord. No. 2013-16 § 2)

The business-capitol district design review committee ("BCD DRC") shall automatically cease to exist when all BCD development in progress at the effective date of this amendment has received the necessary review and approval or denial from the BCD DRC. BCD development occurring after the effective date of this ordinance (Ord. No. 2011-37, effective March 1, 2012) shall be reviewed and approved or denied pursuant to Section 14-3.8 (Development Plans) and the other relevant provisions of Chapter 14.

(A)

Designation There shall be a historic districts review board of the city, which shall be referred to as the "historic districts review board" or the "HDRB".

(B)

Delegation The governing body and the planning commission hereby delegate their authority, as set forth generally in Chapter 3, Articles 19 through 21 NMSA 1978, to the HDRB as described in this section, except those powers retained by the governing body and the planning commission in the Santa Fe City Code. The HDRB shall carry out the city's powers and duties pursuant to Chapter 3, Article 22 NMSA 1978 (Historic Districts and Landmarks).

(C)

Powers and Duties The HDRB, which shall meet at least once a month, unless there are no agenda items, and at such other times as the chair may determine, shall have the review and decision-making responsibilities set forth in Table 14-2.1-1, to be carried out in accordance with the terms of Chapter 14. In addition, the HDRB shall:

(1)

review and approve or deny all applications for new construction, exterior alteration and demolition of structures, except signs, in the historic districts in accordance with the standards and procedures set forth Section 14-3.14 (Demolition of Historic or Landmark Structure), 14-5.2 (Historic Districts) or 14-10 (Nonconformities). Staff shall review signs in accordance with Section 14-3.11 (Construction Permits for Signs).

(2)

hear appeals of final actions of the land use director interpreting or applying historic district regulations pursuant to Sections 14-3.11, 14-3.14, 14-5.2 or 14-10;

(3)

make recommendations to the governing body relating to the erection of appropriate plaques and markers designating various historical sites and points of interest in the city;

(4)

make recommendations to the governing body relating to the purchase or acquisition by gift, grant, bequest, devise or otherwise of real or personal property of historical background and interest;

(5)

make recommendations to the governing body as to the exercise of the governing body's power of eminent domain in the acquisition of real property of historical background and significance and the proposed ways and means of compensation;

(6)

advise and assist officials, committees and commissions of the municipal government in making recommendations to the governing body;

(7)

compile and maintain a list of historical sites and structures;

(8)

perform other acts as requested by the governing body; provided that such acts relate specifically to this section;

(9)

conduct field trips upon request of an applicant or as determined by the chair; and

(10)

review and make a recommendation to the governing body regarding all applications for the demolition of landmark structures in accordance with the standards set forth in Section 14-3.14.

(D)

Membership and Procedures

(1)

Composition

The HDRB consists of seven members who have demonstrated interest and knowledge of the historic character of the city. One member shall be an architect, one member shall be a historian, one member shall represent some aspect of the construction industry, one member shall have a business in the historic district, one member shall be a member of the Old Santa Fe Association, and two members shall be members-at-large. Members of the governing body may serve as members at-large.

(2)

Appointment and Term

The mayor, with the consent of the governing body, shall appoint each member of the HDRB. Members shall serve two-year overlapping terms, maintaining the original overlap of HDRB terms. Members shall serve until their successors have been appointed and qualified.

(3)

Recommendations

The following organizations are encouraged to recommend to the mayor up to three persons each for the appropriate position as designated in this section:

(a)

Santa Fe chapter of the American Institute of Architects;

(b)

Santa Fe Chamber of Commerce and Hispanic Chamber of Commerce;

(c)

Museum of New Mexico; and

(d)

Building Contractors Association and Associated General Contractors of America, Building Branch (jointly).

(4)

Status of Recommendation

A person being recommended is not required to be a member or staff of the organization recommending the person. This provision is in no way intended to prevent other organizations from recommending members, or to limit the appointment power of the mayor.

(A)

Designation There shall be an archaeological review committee of the city, which shall be referred to as the "archaeological review committee" or the "ARC".

(B)

Delegation The governing body and the planning commission hereby delegate their authority, as set forth generally in Chapter 3, Articles 19 through 21 NMSA 1978, to the ARC as described in this section, except for those powers retained by the governing body and the planning commission in the Santa Fe City Code.

(C)

Powers and Duties

(1)

The ARC shall meet at least once a month, unless there are no agenda items, and at such other times as the chair may determine. The ARC shall have the review and decision-making responsibilities set forth in Table 14-2.1-1, to be carried out in accordance with the terms of Chapter 14. In addition, the ARC shall:

(a)

in accordance with Section 14-3.13, hold hearings to review reconnaissance reports, the recommended significance status of archaeological sites, the recommended treatment plan of cultural remains and final reports. The ARC may review and act on stages or portions of on-going archaeological studies. The ARC shall vote to approve, conditionally approve or disapprove requests for archaeological clearance permits;

(b)

qualify or disqualify persons for inclusion on the city's list of approved archaeologists, historical archaeologists and historians upon review of resumes and related documents as set forth in this section;

(c)

establish a city register of recognized archaeological sites and shall establish criteria for such a register; and

(d)

hear appeals of final actions of the land use director interpreting or applying archaeological review district regulations pursuant to Section 14-5.3.

(2)

The ARC may:

(a)

advise the HDRB in regard to applications to that board for new construction, exterior alteration, demolition or on other matters relating to archaeology within the historic districts;

(b)

direct applicants to the state historic preservation division for information regarding state or federal law and regulations on the tax benefits of donating archaeological properties or easements;

(c)

recommend to the governing body that land containing archaeological sites of major interest to the city be purchased as part of the city's parks, recreation and open space system; and

(d)

recommend the expenditure of money from the city archaeological fund for projects meeting the criteria for archaeological fund projects set forth in Section 14-3.13 (Archaeological Permits). Expenditures of one thousand dollars ($1,000) or less may be approved by the land use director. Expenditures over one thousand dollars ($1,000) must be approved by the governing body.

(3)

When both a HDRB and an ARC review are required of a single project, the reviews may occur at the same time.

(D)

Membership and Procedures

(1)

Composition

The ARC consists of five members. One member shall be a historian, three members shall be archaeologists or historical archaeologists and one member shall be a representative of the construction, development or real estate community.

(2)

Appointment and Term

The mayor, with the consent of the governing body, shall appoint each member of the ARC. Members of the ARC serve two-year overlapping terms, maintaining the original overlap of ARC terms. Members serve until their successors have been appointed and qualified.

(E)

Qualifications for ARC Members; Qualifications for Archaeologists, Historical Archaeologists and Historians

(1)

ARC Members

All archaeologists, historical archaeologists and historians appointed as ARC members shall meet the qualifications set forth in this section.

(2)

Archaeologists

All archaeologists in actual direct charge of archaeological reconnaissance or treatment required for an archaeological permit shall meet the following minimum qualifications, as provided in a resume or by other means:

(a)

hold a master's degree in archaeology, anthropology or a closely related field with a specialization in archaeology or have equivalent training or field experience the sufficiency of which is determined by the ARC;

(b)

have at least two years' experience in directing archaeology projects, including at least six months of field experience in the southwestern United States; and

(c)

be listed in the state historic preservation division directory of archaeologists as a principal investigator or supervisory archaeologist. This requirement shall not apply to archaeologists who are currently on the city's list of approved archaeologists as of the effective date of Ordinance No. 2007-9 (April 23, 2007) or to archaeologists appointed as members of the ARC.

(3)

Historical Archaeologists

All historical archaeologists in actual direct charge of excavation of historic period sites shall:

(a)

meet the minimum qualifications for an archaeologist set forth in Subsection 14-2.7(E)(2);

(b)

have a minimum of one year of experience in directing historical archaeology projects or equivalent training or field experience the sufficiency of which is determined by the ARC;

(c)

have demonstrated experience in the historic downtown archaeological review district; and

(d)

hold a current New Mexico state burial excavation permit for any location where human remains of historic age are found. (Ord. No. 2012-11 § 2)

(4)

Historians

All historians in actual direct charge of archival research and analyses of land titles or historic maps shall meet the following minimum qualifications:

(a)

hold a master's degree in history or have equivalent professional experience or demonstrate equivalent training, the sufficiency of which is determined by the ARC; and

(b)

demonstrate the ability to carry out archival research.

(5)

Waiver of Qualifications

Qualifications for archaeologists and historical archaeologists may be waived by the ARC in its discretion for good cause shown.

(6)

List of Qualified Individuals

Archaeologists, historical archaeologists and historians qualified by the ARC as meeting the qualifications provided in this section shall be placed on a list maintained by the land use director. Guidelines for documenting applicable experience and education for meeting the requirements of this section are available from the land use director. Archaeologists, historical archaeologists and historians who wish to remain on the list shall provide a current resume and related documents upon request of the land use director.

(7)

Standards

(a)

Archaeologists, historical archaeologists and historians are responsible for reports and performance that exhibit a high standard of professionalism and competence, including the following standards:

(i)

any reconnaissance reports, treatment plans and final reports that are accepted by the ARC with minor typographical, formatting or content errors and upon which an archaeological clearance permit is approved shall be returned with corrections to the land use director within forty-five days of the date the permit was approved. Failure to fulfill this requirement shall result in refusal by the land use director of any new application for an archaeological clearance permit until a corrected report has been submitted;

(ii)

reconnaissance reports, treatment plans and final reports that are not approved by the ARC and resubmitted to the land use director without the necessary corrections shall be rejected by the land use director and no new application for an archaeological clearance permit shall be accepted by the land use director until a corrected report has been accepted and an archaeological clearance permit has been approved by the ARC;

(iii)

rejection of three or more reconnaissance reports, treatment plans or final reports in a twelve-month period may result in the ARC removing the archaeologist, historical archaeologist or historian from the list of qualified archaeologists, historical archaeologists and historians for twelve months; and

(iv)

failure to submit a final report within the one-year time limit, or any extension of time provided by the ARC as set forth in Section 14-3.13, may result in the ARC removing the archaeologist, historical archaeologist or historian from the list of qualified archaeologists, historical archaeologists and historians.

(b)

The land use director shall notify the following, in writing, of the actions taken in Subsection 14-2.7(E)(7)(a):

(i)

the state historic preservation officer;

(ii)

the affected archaeologist, historical archaeologist or historian; and

(iii)

the propertyowner and the applicant.

(c)

The affected archaeologist, historical archaeologist or historian may submit a written appeal to the ARC of the final actions taken by the land use director in Subsection 14-2.7(E)(7)(a).

(d)

Decisions of the ARC may be appealed to the governing body as set forth in Section 14-3.17.

Except as otherwise provided by state law, city ordinance or Chapter 14, the following procedures apply to each of the land use boards and their standing subcommittees, except the governing body, the extraterritorial land use authority and the extraterritorial land use commission:

(A)

Number of Terms, No Compensation There shall be no limitation to the number of consecutive terms a member may serve. Members shall serve without compensation.

(B)

Residency

(1)

a member of a land use board whose jurisdiction extends to the presumptive city limits as defined in Section 6, Paragraph E of the Santa Fe Extraterritorial Land Use Authority Ordinance No. 2009-01 shall reside within the presumptive city limits. [Editor's note: as of the date of adoption, includes the archaeological review committee, the board of adjustment and the planning commission and its subcommittees]; and

(2)

a member of a land use board whose jurisdiction does not extend to the presumptive city limits shall reside within the city limits.

(C)

Officers A chair, vice-chair and secretary shall be elected for one-year terms, without restriction as to re-election. In the case of an ad hoc subcommittee that will exist for less than one year, officer terms shall be equivalent to the duration of the subcommittee. The chair shall preside over the administrative body. In the absence or disability of the chair, the vice-chair shall perform the duties of the chair.

(D)

Meetings Regular meetings shall be held at least once a month, unless there are no agenda items, and at such other times as the chair may determine. Except as otherwise provided by the constitution of New Mexico, the New Mexico Open Meetings Act or city ordinance, all meetings shall be public meetings; all persons so desiring shall be allowed to attend and listen to the deliberations and proceedings; and public comment at the meetings shall be encouraged.

(E)

Quorum A majority of members constitutes a quorum.

(F)

Voting Action shall be taken by a majority vote of a quorum of members.

(G)

Communication with Members Prohibited A member of a land use board shall not communicate with any interested parties outside of the public meeting and hearing concerning the merits or substance of any quasi-judicial item coming before the board, except in writing filed with the land use director within the prescribed time period for inclusion in the public hearing record, and with copies distributed immediately to all other known parties-in-interest and all other members of the board. A member also shall not communicate with any other persons outside the planning and land use department outside of the public meeting and hearing concerning the merits or substance of any quasi-judicial item coming before them. Further, a member shall not inspect the site of any subject property, except pursuant to a publicly noticed site visit that affords all parties the opportunity to attend. A member of a land use board who receives a communication in violation of this section shall disclose the substance of the communication on the record, and the member shall recuse himself or herself if he or she cannot be fair and impartial.

(H)

Written Record; Findings of Fact After hearing and considering all the evidence presented, approval or disapproval of an application, request or other item shall be accompanied by a written statement of the important facts on which the decision is based, including the pertinent provisions of Chapter 14, and a full explanation of why those facts led to the decision made.

(I)

Minutes of Proceedings; Public Record Full and complete records in the form of written minutes shall be kept of all meetings, including the date, time and place of the meeting; the names of members in attendance and those absent; the substance of the items considered; a record of any decisions and votes taken that show how each member voted, including abstention or failure to vote; and all public comment. After being approved by the relevant land use board, written explanatory findings of fact and conclusions of law shall be adopted and shall be promptly filed with and maintained by the city clerk pursuant to city ordinance and the New Mexico Open Meetings Act. Findings of fact and conclusions of law adopted by the planning commission shall be submitted to the governing body pursuant to Section 2-1.15 SFCC 1987.

(J)

Meeting Attendance Failure of a member to attend three consecutive regular meetings or thirty-three percent or more of the regular meetings in a year shall constitute an automatic tender of resignation by the member. The mayor may accept or reject the resignation.

(K)

Removal of Members A member of the planning commission may be removed for cause as provided in Section 3-19-2 NMSA 1978. A member of any other land use board may be removed by the appointing authority with or without cause.

(L)

Vacancy Vacancies shall be filled in the same manner in which the original appointment was made. A member appointed to fill a vacancy shall serve for the remainder of the unexpired term.

(M)

Records of Membership Records of membership shall be maintained by the city clerk.

(Ord. No. 2013-16 § 3; Ord. #2020-22, § 16)

(A)

Creation; Membership The extraterritorial land use authority, also referred to as "ELUA", is created as provided in Section 3-21-3.2 NMSA 1978 and pursuant to the Santa Fe County and City Extraterritorial Land Use Joint Powers Agreement. ELUA shall consist of four county commissioners appointed by the board of county commissioners and three city councilors or two city councilors and the mayor appointed by the mayor with the approval of the city council. The remaining member of the board of county commissioners shall be appointed as an alternate to the extraterritorial land use authority and the mayor shall appoint alternates, with the approval of the city council, from among the remaining city councilors. The alternates shall be notified prior to a meeting of ELUA if an appointed member cannot attend. When replacing a member, an alternate shall havethe same duties, privileges and powers as other appointed members. The term of each member appointed by the city shall be for two years.

(B)

Powers and Duties ELUA has the jurisdiction and powers of an extraterritorial zoning authority and shall carry out its duties related to planning and platting jurisdiction, extraterritorial zoning, subdivision approval and annexation approval or disapproval as provided in the Santa Fe City Code and as set forth in the Santa Fe County and City Extraterritorial Land Use Joint Powers Agreement. ELUA shall approve or disapprove annexation petitions brought pursuant to Section 3-7-17.1 NMSA 1978 upon review and recommendation of ELUC. (Ord. No. 2012-11 § 3)

(A)

Creation; Membership The extraterritorial land use commission, also referred to as "ELUC", is created as provided in Section 3-21-3.2 NMSA 1978 and pursuant to the Santa Fe County and City Extraterritorial Land Use Joint Powers Agreement. ELUC shall consist of five members of the county planning commission appointed by the board of county commissioners and five members of the city planning commission appointed by the mayor with approval of the city council. Alternates to ELUC shall be appointed by the board of county commissioners from the remaining members of the county planning commission and by the mayor with approval of the city council from the remaining members of the city planning commission, who shall be notified prior to a meeting of ELUC if an appointed member cannot attend. When replacing a member, the alternate shall have the same duties, privileges and powers as other appointed members. The term of each member appointed by the city shall be for two years.

(B)

Powers and Duties ELUC has the authority to carry out duties and make recommendations related to planning and platting jurisdiction, subdivisions, zoning and annexations as provided for in Sections 3-21-3, 3-21-3.2 and 3-21-4 NMSA 1978 and as set forth in the Santa Fe County and City Extraterritorial Land Use Joint Powers Agreement.

(A)

Delegation of Authority The governing body hereby delegates its authority, as set forth generally in Chapter 3, Articles 19 through 21 NMSA 1978, to the land use director as provided in this section and throughout Chapter 14, except those powers retained by the governing body or any land use board, by state law, city ordinance or the terms of this chapter.

(B)

General Powers and Duties

The land use director has the review and decision-making responsibilities set forth in Table 14-2.1-1, to be carried out in accordance with the terms of Chapter 14. In addition, the land use director shall:

(1)

administer and ensure compliance with Chapter 14 by:

(a)

organizing the planning and land use department into divisions and delegating functions to those divisions, individual staff members and other designees under the land use director's authority;

(b)

publishing and enforcing existing planning and land use department policies and setting, writing and publishing new planning and land use department policies from time to time to inform the general public of planning and land use department procedures and processes; and

(c)

publishing and enforcing existing planning and land use department submittal requirements and setting, writing and publishing new planning and land use department submittal requirements from time to time to assist the general public in achieving application completeness;

(2)

render advisory opinions to any land use board or other administrative body;

(3)

interpret Chapter 14 pursuant to Section 14-1.10;

(4)

determine the status of nonconformities pursuant to Section 14-10;

(5)

prepare and publish preliminary agendas for land use boards as provided in Section 14-3.1;

(6)

prepare notification materials for early neighborhood notification, land use boards and the governing body as provided in Section 14-3.1;

(7)

provide administrative and advisory assistance to the land use boards, conduct site inspections and carry out reviews;

(8)

take any steps necessary to enforce the provisions of Chapter 14, including filing suit for injunctive relief, criminal or civil enforcement and penalties or other remedies authorized by this code, including Section 14-11 (Enforcement); and

(9)

take any other actions within the land use director's power to carry out the provisions of Chapter 14.

(C)

Approval Authority

(1)

Alternate Means of Compliance

The land use director may allow alternate means of compliance with the requirements of Chapter 14 when:

(a)

the proposed alternate means satisfy the intent of this chapter;

(b)

the requirements include quantitative standards and those quantitative standards are satisfied by the alternate means of compliance; and

(c)

site conditions, including the configuration of the lot, topography and existing vegetation make following the standards prescribed in this chapter impossible or impractical.

(2)

Minor Modifications to Development Approvals

The land use director may approve minor quantitative and qualitative modifications on an approved master plan, development plan, subdivision plat, special use permit or other development approval, subject to the following:

(a)

written request by the applicant explaining the need for the modification;

(b)

written finding by the land use director that the modifications do not substantially change the function or appearance of the development, and will not result in any negative health or safety impacts on the community or negatively impact a neighboring property;

(c)

the minor modification may not allow increased density or allow uses not otherwise shown on the approved plan or plat; and

(d)

the minor modification complies with all standards and requirements of Chapter 14, except as otherwise allowed by this section.

(3)

Administrative Deviations

The land use director may approve minor dimensional deviations of twelve inches or less and minor quantitative deviations from the standards in Chapter 14, including standards for the number of required off-street parking spaces, when it is impossible or impractical to fully comply with the standards. Approval of administrative deviation is subject to the following:

(a)

written request by the applicant explaining the need for the deviation;

(b)

written finding by the land use director that the deviation will not result in any negative health or safety impacts on the community or negatively impact a neighboring property; and

(c)

an administrative deviation may not allow increased density or allow uses not otherwise permitted in the district.

(4)

The land use director also has the approval authority provided elsewhere in this chapter, including but not limited to the authority to review and approve summary subdivisions pursuant to Subsection 14-3.7(D).

(Ord. No. 2019-27 § 4; Ord. #2020-22, § 16)

The land use director shall designate a floodplain administrator to administer the city'sflood regulations. The person shall be a state-certified floodplain manager. The floodplain administrator may delegate any task assigned to the floodplain administrator as set forth in Chapter 14 to an appropriate staff member who is also a state-certified floodplain manager.