San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

C. Effect. Approval of a waiver or modification of development standards authorizes the applicant to submit applications for subordinate development permits for the specific project under the modified criteria set forth in the economic development incentives agreement. 1. Upon approval of a waiver or modification of development standards, applications shall be consistent with the specific project described in the economic development incentives agreement and shall be processed in accordance with the provisions of this Development Code as waived or modified by the agreement. Section 2.4.5.2Application Requirements A. A request for waiver or modification of development standards shall accompany an application for city economic development incentives and shall identify:

4. Approval by the City Council authorizes the City Manager to execute the agreement.

5. If the agreement is not accepted and executed by the property owner within a period specified by the City Council in its approval, the Council’s approval of the agreement shall be deemed withdrawn. Section 2.4.5.4Criteria for Approval

A. In deciding the application the Council shall consider whether:

1. Failure to grant the waiver or modification shall have a material adverse impact to the City’s ability to attract a significant economic development project to the City; 2. The request supports and implements the city’s economic development program; 3. The nature of the use or project being incentivized is such that the requested waiver or modification of development standards is necessary to support or implement the City’s adopted economic incentives policy; 4. The requested waiver or modification of development standards is the minimum necessary in order to support and implement the City’s adopted economic development program; 5. Granting the request is consistent with the adopted Comprehensive Plan; and 6. The request furthers the public health, safety and general welfare.

1. The nature of the project;

2. The specific portions of this Development Code to be modified or waived; and

3. The benefit of these actions to the City.

Section 2.4.5.3Approval Process

A. Responsible Official Action

1. The City Manager shall cause a city departmental review of the requested incentives and creation of a report consolidating comments and recommendations, which shall be delivered to the City Council prior to its consideration of the request.

B. City Council Action

1. The City Council may request review and recommendation of the request for modifications or waivers by the Planning and Zoning Commission or other appointed bodies. 2. The Council may grant a waiver or modification of standards at a public meeting. 3. The approved economic development incentives agreement shall specify all applicable deviations from this adopted Development Code.

2:27

Amended: September 1, 2020 San Marcos Development Code