San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Division 3: PUBLIC HEARINGS

Division 4: POST-DECISION PROCEDURES

Section 2.3.3.1Public Hearings

Section 2.3.4.1Post-Decision Procedures

A. Setting of the Hearing. When the responsible official determines that a development application is complete and that a public hearing is required by this Development Code, the official shall consult with the secretary of the body required to conduct the hearing and shall select a place and a time certain for the hearing, and shall cause notice of such hearing to be prepared and made under Section 2.3.2.1. The time set for the hearing shall conform to the time periods required by this Development Code. B. Conduct of Hearing. The public hearing shall be conducted in accordance with the rules and procedures adopted by the body conducting the hearing. During the hearing the following may occur: presentation & recommendation from staff, presentation by the applicant, public testimony. Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his or her name, and if appearing on behalf of an organization, state the name of the organization for the record. C. Record of Proceedings. The body conducting the hearing shall record the proceedings by any appropriate means. D. Continuance of Proceedings. The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. No notice shall be required if a hearing is continued. If a public hearing is closed, no further public testimony shall be taken. E. Additional Rules. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and the time for each presentation, and may apply such additional rules to govern the public hearing which are not inconsistent with this Section.

A. Re-Application Following Denial. Whenever any development application, with the exception of any plat application, is denied at a public hearing for failure to meet the substantive requirements of this Development Code, a development application for all or a part of the same property shall not be accepted for filing for a period of six months from the date of denial unless the subsequent application involves a proposal that is materially different from the previously denied proposal. City staff may accept an application for processing, but the application is not deemed accepted for filing until considered by the decision-maker under Section 2.3.4.1A(1). 1. The decision-maker on the first application shall resolve any questions concerning the similarity of the second application. 2. Non-compliance with this Section 2.3.4.1(a) shall be grounds for denial of the application. 3. The decision-maker may, at its option, waive the six- month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered. B. Amendments and Revisions. Unless another method is expressly provided by this Development Code, any request to amend or revise an approved development application shall be considered a new application, which must be decided in accordance with the procedures governing the original application and the standards in effect at the time such new application is filed with the City.

Division 5: EXPIRATION AND EXTENSION

Section 2.3.5.1Expiration and Extension of Approvals

A. Time of Expiration. An application, or permit approved under this code may lapse if certain actions related to the approved application are not taken within a specified time period as set forth in this Development Code or the conditions of the specific approval. Section 2.3.5.3 provides a summary of the expiration

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San Marcos Development Code Amended: September 1, 2020