Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an

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x SUBDIVISION m ARTICLE 8: EXISTING STREETS 4. Gated public streets shall not be permitted. 5. Administrative design adjustments approved by the DIVISION 1: GENERAL PROVISIONS Responsible Official pursuant to Section 3.6.1.1 may be appropriate when an existing building would impede This Article describes regulations for the construction of street roadway expansion;when transitioning from a different improvements and streetscapes for existing streets throughout the street section;or where strict compliance with this City. It is intended to address when street and streetscape improve- Development Code and the Street Design Manual would ments are appropriate through the application of the pre-approved pose a safety hazard. street types in this chapter.The City has an approved Design Manual which provides further details for streetscapes in the downtown and C. Applicability for Additions and Repairs midtown intensity zones. 1. A building or site may be renovated or repaired without Section 3.8.1.1 Applicability and Intent meeting the streetscape standards, provided there is no increase in gross floor area or improved site area. A. Intent 2. When a building or site is increased in gross floor area or 1. The intent of the existing street regulations is to provide the improved site area cumulatively by more than ten (10%) application of the streetscapes to existing streets to reflect percent,the streetscape provisions of this Article must be the character and context of areas in the City. met. 2. The existing street regulations provide adequate travel D. Change in Use Exempt.A change in use does not trigger lanes for vehicles, cyclists and pedestrians. application of the streetscape requirements of this Article. 3. Administrative design adjustments approved by the Section 3.8.1.2 Standards Responsible Official pursuant to Section 3.6.1.1 may be appropriate when an existing building would impede A. Tree Planting expansion,when transitioning from a different street section or where strict compliance with this Development 1• Unless otherwise noted below,all trees planted in Code and the Street Design Manual would pose a safety accordance with this Article must be shade trees. hazard. 2. Where overhead utilities exist,one (1) understory tree shall B. General Applicability be planted every twenty(20)feet on center, on average. 1. Any new development activity and any addition or repair 3. All required street trees must meet the design,type, and subject to the requirements of Section 3.1.1.1 and Section installation requirements of Section 4.3.2.2. 2.7.1.1 must meet street type and streetscape standards B. Fee-in-Lieu of this Article for existing streets abutting the subject property. 1. A cash fee for the installation of all or part of the sidewalk required under Article 8 may be accepted in lieu of 2. The streetscape types of Section 3.8.1.5 shall be applied construction by the Responsible Official based on the based on the zoning or use of the subject property. criteria included in this Section. 3. Unless otherwise specifically provided, no permit for the 2. The fee in lieu shall be set by resolution of the City Council construction, reconstruction,extension, repair or alteration based on the average cost of construction of sidewalks. of any building,structure or use of land and no building or land or any part of any building or land, may be occupied 3. The Responsible Official shall consider the following or used until the streetscape requirements of this Article criteria when evaluating a request for fee-in-lieu of have been met. construction: 3:52 San Marcos Development Code Adopted April 17,2018