San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Section 2.8.4.6Appeals

C. An administrative adjustment may not be requested or granted for any of the following standards or requirements:

The applicant or other person within the personal notification area may appeal the decision of the Planning and Zoning Commission to grant or deny an alternative compliance request to the City Council in accordance with Section 2.8.1.1. The Council shall apply the criteria Section 2.8.4.4 in deciding whether the Planning and Zoning Commission’s action should be upheld, modified or reversed. A three-fourths vote of all of the members of the City Council shall be necessary to reverse a decision of the Planning and Zoning Commission to deny a request for alternative compliance. The applicable decision-maker for an administrative application is hereby authorized to approve administrative adjustments for certain standards in this Development Code. Section 2.8.5.1Purpose, Applicability and Effect A. Purpose. The purpose of an administrative adjustment application is to vary one or more dimensional standards or requirements applicable to a development application, subject to the limitations set forth in this Section or elsewhere in this Development Code. 1. An administrative adjustment application shall not be used as a means of amending the text of this Development Code or of changing a district or legislative classification of the property for which the administrative adjustment is sought. 2. An administrative adjustment application shall not be used as a means to contest the applicability of a standard or requirement to a development application, an exemption determination, or a decision on a development application. B. Applicability. An administrative adjustment application may be filed under the following circumstances: 1. Standards with respect to which this Development Code specifically provides may be the subject of an administrative adjustment; or 2. Modification of up to 10% of any dimensional standard or requirement of this Development Code. Division 5: ADMINISTRATIVE ADJUSTMENTS

1. Use

2. Signs

3. Parking

4. Density

5. Stormwater

D. Effect. The granting of an administrative adjustment in whole or in part authorizes the applicant to submit a development application which complies with the standard as adjusted, and authorizes the decision-maker to evaluate the related development application using the adjusted standard, for the duration of the administrative adjustment. Section 2.8.5.2Application Requirements A. Who May File Application. An administrative adjustment application may be filed by a property owner or the applicant for the applicable administrative development application to which the administrative adjustment application relates. B. Form of Application. An administrative adjustment application shall be prepared in accordance with the universal application standards in Section 2.3.1.1. C. Time for Filing Application. An administrative adjustment application must be filed with the development application for which an applicable standard is requested to be modified. Section 2.8.5.3Approval Process A. Responsible Official Action. Upon receipt of an administrative adjustment application, the Responsible Official shall transmit the application to the decision-maker for processing and determination in accordance with this Section. B. Burden of Proof. The applicant bears the burden of proof to demonstrate that an administrative adjustment of the standards applicable to a development application should be granted. C. Decision on Application. The Responsible Official shall grant, grant subject to conditions, or deny the request for one or more administrative adjustments. The decision on the administrative

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Amended: September 1, 2020 San Marcos Development Code