San Marcos Development Code (effective November 3, 2021)

2 C H A P T E R

Development Procedures

Article 8: RELIEF PROCEDURES

D. An appeal by an applicant shall be accompanied by a copy of the development application on which the initial decision was rendered. E. Time for Filing Appeal. A written appeal must be filed with the Responsible Official within ten (10) working days from the final decision on the development application. Section 2.8.1.3 Approval Process 1. Upon receipt of a written appeal, the Responsible Official shall compile all documents constituting the record of the decision on appeal and transmit the record to the appellate body. 2. The Responsible Official shall provide notice of the appeal under Section 2.3.2.1 and conduct a public hearing in accordance with Section 2.3.3.1. 3. Notification of decision on the appeal shall be provided to the appellant and the applicant in accordance with Section 2.3.2.1. B. Stay of Proceedings. Receipt of a written appeal of a decision on a development application stays all proceedings of the City in fur therance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any subordinate development applications, and any development activities authorized by initial approval of the development application. 1. The stay shall be lifted only if the Responsible Official cer tifies in writing to the appellate body that a stay would cause imminent peril to life or proper ty. 2. Thereafter, the stay may be reinstated only by order of the appellate body or a cour t of record, on application, after notice to the Responsible Official, for due cause shown. A. Responsible Official Action

Division 1: APPEALS

Section 2.8.1.1 Purpose, Applicability and Effect

A. Purpose. The purpose of an appeal is to contest a final quasi judicial or administrative decision on a development application based upon alleged misapplication of the criteria for approval of the application. 1. An appeal shall not be used as a means of amending, varying or otherwise modifying the standards of this Development Code that apply to the development application. B. Applicability. A final administrative decision on a development application authorized by this Development Code, may be appealed to the board or commission designated in this Development Code, where no board is designated appeals are decided by the Zoning Board of Adjustments. 1. A final quasi-judicial decision on a development application may be appealed only if expressly provided for in the regulations establishing the procedure by which the decision was made. C. Effect. The granting of an appeal supersedes the decision from which appeal was taken, and results in approval, conditional approval or denial of the development application for which approval was sought. Section 2.8.1.2 Application Requirements A. Who May Appeal. The applicant and any owner of proper ty within the area for personal notice, if applicable, may appeal a final decision on a development application to the appellate body designated by this Development Code, if any. B. The appeal shall contain a written statement of the reasons why the final decision is erroneous. C. The appeal shall be accompanied by the fee established by the City Council. 2. No appeal shall be taken from a legislative decision authorized under this Development Code.

C. Appellate Body Action

1. The initial public hearing on the appeal shall be held within twenty-five (25) working days after the filing of the appeal with the Responsible Official, unless a different time is prescribed by the provisions of this Chapter.

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Amended: November 3, 2021 San Marcos Development Code