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DEVELOPMENTPROCEDURES <br /> Section 2.5.5.3Approval Process C. Whether the property owner would suffer extreme hardship, not <br /> including loss of profit, unless the certificate of appropriateness <br /> A. Responsible Official Action is issued; and <br /> 1. The Responsible Official shall review the application D. The construction and repair standards and guidelines cited in I <br /> for a certificate of appropriateness in accordance with Section 4.5.2.1. <br /> the criteria in Section 2.5.5.4 and provide a report and <br /> recommendation to the Historic Preservation Commission. Section 2.5.5.5Appeals <br /> 2. The responsible official shall schedule a public hearing A. General Procedure.An applicant or other interested <br /> and prepare personal notice before the public hearing in person within the four-hundred foot(400') personal <br /> accordance with Section 2.3.2.1. notification area may appeal a final decision of the Historic <br /> Preservation Commission on an application for a certificate of <br /> B. Historic Preservation Commission Action appropriateness to the Zoning Board of Adjustments within ten <br /> 1. The Historic Preservation Commission shall conduct a days of the Historic Preservation Commission's action on the <br /> public hearing concerning the application in accordance application, except for appeals pertaining to property owned by <br /> with Section 2.3.3.1 the City of San Marcos.Appeals pertaining to property owned <br /> by the City of San Marcos shall be made to the City Council <br /> 2. The Historic Preservation Commission shall approve, within ten days of the Historic Preservation Commission's <br /> approve with conditions or deny the application for a action on the application.The appellate body shall decide the <br /> certificate of appropriateness after consideration of the appeal in accordance with Section 2.8.1.1. <br /> request during the public hearing. <br /> B. Supplemental Procedure. In considering the appeal,the <br /> 3. If the Historic Preservation Commission determines that appellate body shall: <br /> a certificate of appropriateness should not be issued, or <br /> should be issued subject to conditions, it shall place upon 1. Review the record of the proceeding from which an appeal <br /> its records the reasons for its determination. is sought; <br /> 4. The Historic Preservation Commission shall render its 2. Receive an overview of the case from the Responsible <br /> decision on the request within forty-five (45) days of the Official, including previous recommendations from <br /> date the application is deemed complete and adequate for city staff and the decision of the Historic Preservation <br /> review, subject to the supplemental options available under Commission; <br /> Section 2.5.5.3(c). 3. Hear arguments from the party appealing the decision of <br /> Section 2.5.5.4Criteria for Approval the Historic Preservation Commission; and <br /> The following criteria shall be used to determine whether the 4. Remand the matter back to the Historic Preservation <br /> application for a certificate of appropriateness shall be approved, Commission when relevant testimony and newly-acquired <br /> conditionally approved or denied: evidence is presented that was not previously presented <br /> at the time of the hearing before the Historic Preservation <br /> A. Consideration of the effect of the activity on historical, Commission. <br /> architectural or cultural character of the Historic District or <br /> Historic Landmark; <br /> B. For Historic Districts,compliance with the Historic District <br /> regulations; <br /> 2:36 ;., '•;ll I'nf;i, Amended: September 1, 2020 <br />