San Marcos Development Code (effective November 3, 2021)

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C H A P T E R

Development Procedures

Article 1: DEVELOPMENT APPLICATIONS

C. Administrative decisions. Administrative decisions are those which: 1. Apply specific standards contained in the city’s established policies and rules governing land development to specific development proposals; 2. Shall be delegated to city staff persons or to an appointed board or commission for initial or final decision;

Division 1: CLASSIFICATION OF DEVELOPMENT APPLICATIONS

Section 2.1.1.1 Classification of Applications & Decisions; Rules Governing Decision-Making For purposes of this development code, development applications are classified either as legislative, quasi-judicial or administrative decisions.

3. May require the exercise of limited discretion;

4. Shall not be prefaced by a public hearing, and;

A. Legislative Decisions. Legislative decisions are those which:

5. May be subject to appeal or deviation.

1. Establish or change the city’s policies and rules governing the use or development of land;

D. Rules Governing Decisions

2. Are finally decided by the city council;

1. The final decision-maker in an appeal of a quasi-judicial or administrative decision shall not substitute its judgment for that of the official who has made such decision; instead such final decision-maker shall decide only if such decision was incorrect. 2. An amended or revised development application shall be of the same classification as the initial application and shall be subject to the same level of discretion as was the initial application. 3. An appointed board or commission shall be deemed to act in the same capacity as the city council when making a recommendation on a decision to be finally decided by the city council. 4. An applicant shall bear the burden of demonstrating that a request for approval of a development application meets the criteria for approval for that type of application. 5. An appellant bears the burden of demonstrating that a decision should be reversed or modified upon appeal. (Table 2.1 Approved by Ord. No. 2021-47 on 8-3-21; Ord. No. 2021-88, 11-3-21)

3. Are characterized by exercise of broad discretion;

4. May involve fact finding and imposition of conditions;

5. Cannot be delegated, and;

6. Are not subject to appeal or deviation.

B. Quasi-Judicial Decisions. Quasi-Judicial decisions are those which: 1. Apply general standards contained in the city’s established policies and rules governing land development to specific development proposals;

2. Require the exercise of considerable discretion;

3. May involve fact-finding or the imposition of conditions, and;

4. May be subject to appeal or deviation.

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San Marcos Development Code Amended: November 3, 2021