San Marcos Development Code (effective Nov. 3, 2021)

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C H A P T E R

Development Procedures

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. Section 2.8.4.3 Approval Process 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. A. Responsible Official Action

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. Section 2.8.4.4 Criteria for Approval A. Factors. When considering an application for alternative compliance, the Planning and Zoning Commission or City Council where applicable shall evaluate the impact of the proposed alternative compliance on and its compatibility with surrounding proper ties to ensure the appropriateness of the requested alternative compliance for the par ticular location, and shall consider the extent to which: 1. The request is consistent with the policies embodied in the adopted Comprehensive Plan; 2. The request is consistent with the general purpose, intent and character of the development regulations applicable to the proper ty; 3. There are special circumstances or conditions arising from the physical surroundings, shape, topography or other features affecting the subject proper ty; 4. The request is detrimental to the public health, safety or welfare, or injurious to other proper ty within the area;

5. The request either:

a. Does not have an adverse impact upon adjacent proper ty or neighborhoods, including but not limited to, parking, traffic, noise, odors, visual nuisances, and drainage; or b. Includes Improvements either on-site or within the public rights-of-way to mitigate any such adverse impacts.

6. The request shall not have the effect of preventing the orderly use and enjoyment of other proper ty within the area in accordance with the provisions of this Development Code, or adversely affect the

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San Marcos Development Code Amended: November 3, 2021