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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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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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Ordinances
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Amending
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2017-58
Date
11/8/2017
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a. Before execution of any such lease, the owner or operator of <br />the purpose built student housing allowed by a conditional <br />use permit shall, first, provide a copy of its form lease to the <br />City for review and written approval consistent with this <br />subs'ecti cn _ <br />b. In the event of a late delivery, the owner or operator of the <br />purpose built student housing allowed by a conditional use <br />permit shall, first, provide a copy of any correspondence <br />communicating information about the late delivery and/or <br />the student's options for temporary housing to the City for <br />review and written ap rp oval. <br />SECTION 4. Section 1.5.4 of the SmartCode is amended to add new subsection (a) to <br />read as follows. <br />1.5.4. The City Council shall hold a public hearing and finally decide all Warrant <br />requests as a negotiated agreement for purpose built student housing after <br />review and a recommendation has been made by the P&Z. A Warrant <br />request for purpose built student housing shall not become effective except <br />by the favorable vote of three-fourths of all members of the City Council <br />when the P&Z recommends denial of the request. <br />a. Conditions for a Warrant for purpose built student housing shall <br />include the following: <br />i. Any residential dwelling lease that is executed and effective <br />before the issuance of a certificate of occupancy by the City <br />enabling the tenant to occupy the premises shall include a <br />late deliveryprovisionproviding as follows: <br />"In the event the Leased Premises are unavailable for <br />occupancy on or before the commencement date of this <br />Lease, Landlord shall offer Tenant the choice of: 1) <br />accepting temporary safe, decent and sanitary housing, <br />provided by Landlord, at an alternate location within the CitX <br />of San Marcos or within a seven mile radius of the Leased <br />Premises, with Tenant remaining bound by the terms of the <br />Lease, or 2) terminating the Lease with no financial penalty <br />and with full reimbursement to Tenant of all deposits" and <br />pre -paid items within 10 days." <br />ii. Before execution of any such lease, the owner or operator of <br />the purpose built student housing allowed by a Warrant shall, <br />first, provide a copy of its form lease to the City for review <br />
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