San Marcos Development Code Effective 10.17.23

2 CHAPTER

Development Procedures

Section 2.8.4.3 Approval Process

Division 4: ALTERNATIVE COMPLIANCE

A. Responsible Official Action

Section 2.8.4.1 Purpose, Applicability, Exceptions and Effect A. Purpose. The purpose of a request for alternative compliance is to allow the modification of certain development standards where the modification is compatible and consistent with the character and intent of the applicable district and where the modification shall not substantially and adversely affect the adjacent property or the use thereof. 1. Alternative compliance requires individual review in order to ensure the appropriateness of the standard, as modified, within a given district. B. Applicability. Alternative compliance may be requested and granted only for those standards with respect to which this Development Code specifically provides may be the subject of alternative compliance. C. Effect. Approval of alternative compliance and all other required development permits authorizes the development of the property in accordance with standards, as modified by the alternative compliance, and other development permits. 1. Approval of an alternative compliance request shall be deemed to authorize the requested modified standard only with respect to the particular standard, situation and circumstance for which it is granted and shall apply only to the property for which it is granted (i.e., it is not personal to the applicant). 2. No alternative compliance may be enlarged, extended, increased in intensity or relocated unless a new alternative compliance is granted in accordance with this Section. 3. Initiation of development based upon any alternative compliance shall not be authorized until the applicant has secured all other permits and approvals required by this Development Code. Section 2.8.4.2 Application Requirements A. An application for approval of alternative compliance shall be prepared in accordance with Section 2.3.1.1.

1. The Responsible Official shall schedule a public hearing before the Planning and Zoning Commission on the application for alternative compliance, and shall cause personal notice to be given in accordance with Section 2.3.2.1. B. Planning and Zoning Commission Action. Alternative compliance requests shall be decided by the Planning and Zoning Commission, subject to appeal to City Council, unless otherwise stated in this Development Code. 1. The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with Section 2.3.3.1. 2. The Planning and Zoning Commission shall be the initial decision-maker, on whether to approve, approve with conditions or modifications, or deny the application. 3. Conditions. The Planning and Zoning Commission may require such modifications to the proposed alternative compliance request and attach such conditions deemed necessary to mitigate adverse effects of the proposed alternative compliance and to carry out the spirit and intent of this Section. C. City Council Action. Alternative compliance requests expressly determined by this Code to be decided by the City Council shall first receive a recommendation by the Planning and Zoning Commission then follow the procedure below. 1. The City Council shall conduct a public hearing on the application in accordance with Section 2.3.3.1. 2. The City Council shall decide whether to approve, approve with conditions or modifications, or deny the application. 3. Conditions. The City Council may require such modifications to the proposed alternative compliance request and attach such conditions deemed necessary to mitigate adverse effects of the proposed alternative compliance and to carry out the spirit and intent of this Section.

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Amended: October 17, 2023 San Marcos Development Code