Ord 2017-058/amending Chapter 4, Article 3 of the Land Development Code, Subpart B, and Section 1.5.4 of the San Marcos Smartcode, Subpart C, of the City Code, by adding requirements for the City Council’s approval of a Conditional Use Permit or a Warrant

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SECTION 2. The Land Use Matrix in Section 4.3.1.2 is amended to read as follows: LEGEND P - The land use is permitted by right in the zoning district indicated. - The land use is prohibited in the zoning district indicated (Blank). C - The land use may be approved as a Conditional Use Permit (CUP) in the zoning district indicated. * Conditional Use Permit finales appr-eval decided by City Council. Of Uses C*IC*IC*I I 1C* 1C* SECTION 3. Chapter 4, Article 3 is amended by adding a new Section 4.3.4.9 to read as follows: Section 4.3.4.9 Conditional Use Permits for Purpose Built Student Housing (a) Approval. The City Council shall hold a public hearing and finally decide all conditional use permit requests for purpose built student housing as a negotiated agreement after review and a recommendation has been made by the Planning and Zoning Commission. A conditional use permit request for purpose built student housing shall not become effective except by the favorable vote of three-fourths of all members of the City Council when the Planning and Zoning Commission recommends denial of the request. (b) Late Delivery Lease Provision. Conditions for a conditional use permit for purpose built student housing shall include the following: (l) Any residential dwelling lease that is executed and effective before the issuance of a certificate of occupancy by the City enabling the tenant to occupy the premises shall include a late delivery provision providing as follows: "In the event the Leased Premises are unavailable for occupancy on or before the commencement date of this Lease, Landlord shall offer Tenant the choice of: 1) accepting temporary safe, decent, and sanitary housing, provided by Landlord, at an alternate location within the City of San Marcos, or within a seven mile radius of the Leased Premises, with Tenant remaining bound by the terms of the Lease; or 2) terminating the Lease with no financial penalty and with full reimbursement to Tenant of all deposits and pre -paid items within 10 days_"