Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an

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DEVELOPMENT PROCEDURES m 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 DIVISION 1: APPEALS rendered. E. Time for Filing Appeal.A written appeal must be filed with the Section 2.8.1.1 Purpose, Applicability and Effect Responsible Official within ten (10)working days from the final A. Purpose.The purpose of an appeal is to contest a final quasi- decision on the development application. judicial or administrative decision on a development application Section 2.8.1.3 Approval Process based upon alleged misapplication of the criteria for approval of the application. A. Responsible Official Action 1. An appeal shall not be used as a means of amending, 1. Upon receipt of a written appeal,the Responsible Official varying or otherwise modifying the standards of this shall compile all documents constituting the record of the Development Code that apply to the development decision on appeal and transmit the record to the appellate application. body. B. Applicability.A final administrative decision on a development 2. The Responsible Official shall provide notice of the appeal application authorized by this Development Code, may be under Section 2.3.2.1 and conduct a public hearing in appealed to the board or commission designated in this accordance with Section 2.3.3.1. Development Code,where no board is designated appeals are decided by the Zoning Board of Adjustments. 3. Notification of decision on the appeal shall be provided to the appellant and the applicant in accordance with Section 1. A final quasi-judicial decision on a development 2.3.2.1. application may be appealed only if expressly provided for in the regulations establishing the procedure by which the B. Stay of Proceedings. Receipt of a written appeal of a decision decision was made. on a development application stays all proceedings of the City in furtherance of the decision from which appeal is 2. No appeal shall be taken from a legislative decision taken, including without limitation acceptance, processing or authorized under this Development Code. issuance of any subordinate development applications, and any development activities authorized by initial approval of the C. Effect.The granting of an appeal supersedes the decision from development application. which appeal was taken,and results in approval, conditional approval or denial of the development application for which 1. The stay shall be lifted only if the Responsible Official approval was sought. certifies in writing to the appellate body that a stay would cause imminent peril to life or property. Section 2.8.1.2 Application Requirements 2. Thereafter,the stay may be reinstated only by order of the A. Who May Appeal.The applicant and any owner of property appellate body or a court of record, on application, after within the area for personal notice, if applicable, may appeal notice to the Responsible Official,for due cause shown. a final decision on a development application to the appellate body designated by this Development Code, if any. C. Appellate Body Action B. The appeal shall contain a written statement of the reasons why 1. The initial public hearing on the appeal shall be held within the final decision is erroneous. twenty-five(25)working days after the filing of the appeal with the Responsible Official, unless a different time is C. The appeal shall be accompanied by the fee established by the prescribed by the provisions of this Chapter. City Council. Adopted April 17,2018 San Marcos Development Code 2:43