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x <br /> DEVELOPMENT PROCEDURE' <br /> ARTICLE 1: DEVELOPMENT APPLICATIONS 4. Shall not be prefaced by a public hearing,and; <br /> 5. May be subject to appeal or deviation. <br /> DIVISION 1: CLASSIFICATION OF DEVELOPMENT APPLICATIONS <br /> D. Rules Governing Decisions <br /> Section 2.1.1.1 Classification of Applications & Decisions; 1. The final decision maker in an appeal of a quasi-judicial <br /> Rules Governing Decision-Making <br /> or administrative decision shall not substitute its judgment <br /> For purposes of this development code, development applications for that of the official who has made such decision; <br /> are classified either as legislative, quasi-judicial or administrative instead such final decision-maker shall decide only if such <br /> decisions. decision was incorrect. <br /> A. Legislative Decisions. Legislative decisions are those which: 2. An amended or revised development application shall be <br /> of the same classification as the initial application and <br /> 1. Establish or change the city's policies and rules governing shall be subject to the same level of discretion as was the <br /> the use or development of land; initial application. <br /> 2. Are finally decided by the city council; 3. An appointed board or commission shall be deemed to act <br /> 3. Are characterized by exercise of broad discretion; in the same capacity as the city council when making a <br /> recommendation on a decision to be finally decided by the <br /> 4. May involve fact finding and imposition of conditions; city council. <br /> 5. Cannot be delegated, and; 4. An applicant shall bear the burden of demonstrating that a <br /> request for approval of a development application meets <br /> 6. Are not subject to appeal or deviation. <br /> the criteria for approval for that type of application. <br /> B. Quasi-Judicial Decisions. Quasi-Judicial decisions are those 5. An appellant bears the burden of demonstrating that a <br /> which: decision should be reversed or modified upon appeal. <br /> 1. Apply general standards contained in the city's established <br /> policies and rules governing land development to specific <br /> development proposals; <br /> 2. Require the exercise of considerable discretion; <br /> 3. May involve fact-finding or the imposition of conditions, <br /> and; <br /> 4. May be subject to appeal or deviation. <br /> C. Administrative decisions.Administrative decisions are those <br /> which: <br /> 1. Apply specific standards contained in the city's <br /> established policies and rules governing land development <br /> to specific development proposals; <br /> 2. Shall be delegated to city staff persons or to an appointed <br /> board or commission for initial or final decision; <br /> 3. May require the exercise of limited discretion; <br /> 2:2 San Marcos Development Code Adopted April 17,2018 <br />