San Marcos Development Code Effective 10.17.23

2

CHAPTER

Development Procedures

3. Street Network; and

Division 7: REGULATING PLAN

4. Special Requirements, if any.

Section 2.5.7.1 Purpose, Applicability and Effect

Section 2.5.7.3 Approval Process

A. Purpose. The purpose of a regulating plan shall be to designate Character Districts, streets, parkland, and any special requirements for any area zoned Planning Area District and to regulate development within the same Planning Area District. B. Applicability. An approved regulating plan shall be required prior to any development, re-development, improvement or construction, or substantial modification of or on any property within a Planning Area District, and as a condition to submission, consideration, or approval of any other development application or permit. C. Effect. Approval of a regulating plan authorizes the approval or issuance of subsequent requests and permits for the property subject to the regulating plan. Section 2.5.7.2 Application Requirements A. An application for approval of a regulating plan shall be submitted in accordance with the universal application procedures in Section 2.3.1.1 except as otherwise provided in this Division 5. B. An application for a regulating plan shall not be approved unless the following applications and development permits, where applicable, have been approved and remain in effect for the land included in the regulating plan: 1. All legislative approvals needed to authorize the proposed uses for the land;

A. Responsible Official Action. The Responsible Official shall approve, approve with conditions, or deny a regulating plan based on the criteria in Section 2.5.7.4. Section 2.5.7.4 Criteria for Approval A. The following criteria shall be used to determine whether the application for a regulating plan shall be approved, conditionally approved or denied: 1. The regulating plan is consistent with all applicable standards and requirements in Section 4.4.3.88, and any prior approvals listed in Section 2.5.7.2; 2. The proposed provision and configuration of roads, electric, water, wastewater, drainage and park facilities conform to the Comprehensive Plan and any approved City Master Plans or Capital Improvement Plans; 3. The proposed provision and configuration of roads, water, electric, wastewater, drainage and park facilities, and easements and rights-of-way are determined to be adequate to serve each phase of the development in accordance with Section 3.5.1.1. 4. The schedule of development is feasible and prudent, and assures that the proposed development shall progress to completion within the time limits proposed; and 5. The location, size and sequence of the phases of development as required in Section 4.4.3.88 proposed assures orderly and efficient development of the land subject to the regulating plan. Section 2.5.7.5 Appeals The applicant or other interested person within the notification area may appeal a decision on an application for approval of a regulating plan to the Planning and Zoning Commission in accordance with Section 2.8.1.1.

2. Any requests for relief identified in Section 2.8.1.1;

3. A watershed protection plan (phase 1), and;

4. A transportation plan.

C. Regulating plans shall consist of one or more maps showing the following for each pedestrian shed in the Planning Area District, in compliance with the standards described in Section 4.4.3.8:

1. Character District Allocation;

2. Parkland;

2:40

San Marcos Development Code Amended: October 17, 2023