Ord 2015-030/Parklets, sidewalk cafes and other uses of rights-of way

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(1) an application fee, if any, as established by separate ordinance or resolution of the city council; (2 ) a map, survey, drawing, aerial photograph or similar information provided at the applicant's expense, identifying the area of public right of way proposed to be used under a special use license; 3) a survey and /or title commitment if the citv manager or the cit manager's designee determines that the information provided by the applicant is inadequate to identify the area subject to the proposed license, to clarify conflicts in boundary lines between the city's right of way and adjacent properties, to verify ownership the subject land area or the existence of easements and other encumbrances; and (4) a detailed description, together with plans specifications photographs or illustrations of the proposed improvements or installation. (c) The application shall be delivered for comment to: (1) affected city departments; (2) the owners of property or businesses abutting the proposed licensed area; and (3) affected utility providers. Sec. 74.208. Provisions for parklets subject to review after one year. In the month of August, 2016, the city council shall review and consider the provisions of this ordinance that allow for and relate to parklets to determine their effectiveness and impact on the community, and whether to continue, amend or repeal such provisions. The city council may also review this ordinance at any other time it deems appropriate. During this review period, no more than five licenses for parklets may be approved. SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.