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C9 <br /> Yr <br /> -13 DEVELOPMENT PROCEDURE' <br /> Fl <br /> 3. Initiation of development based upon any alternative 2. The City Council shall decide whether to approve,approve <br /> compliance shall not be authorized until the applicant has with conditions or modifications,or deny the application. <br /> secured all other permits and approvals required by this <br /> Development Code. 3. Conditions.The City Council may require such <br /> modifications to the proposed alternative compliance <br /> Section 2.8.4.2 Application Requirements request and attach such conditions deemed necessary <br /> to mitigate adverse effects of the proposed alternative <br /> A. An application for approval of alternative compliance shall be compliance and to carry out the spirit and intent of this <br /> prepared in accordance with Section 2.3.1.1. Section. <br /> Section 2.8.4.3 Approval Process Section 2.8.4.4 Criteria for Approval <br /> A. Responsible Official Action A. Factors.When considering an application for alternative <br /> 1. The Responsible Official shall schedule a public hearing compliance,the Planning and Zoning Commission or City <br /> before the Planning and Zoning Commission on the Council where applicable shall evaluate the impact of the <br /> application for alternative compliance, and shall cause proposed alternative compliance on and its compatibility with <br /> personal notice to be given in accordance with Section surrounding properties to ensure the appropriateness of the <br /> 2.3.2.1. requested alternative compliance for the particular location, anc <br /> shall consider the extent to which: <br /> B. Planning and Zoning Commission Action.Alternative <br /> compliance requests shall be decided by the Planning and 1. The request is consistent with the policies embodied in the <br /> Zoning Commission,subject to appeal to City Council, unless adopted Comprehensive Plan; <br /> otherwise stated in this Development Code. 2. The request is consistent with the general purpose,intent <br /> 1. The Planning and Zoning Commission shall conduct a and character of the development regulations applicable to <br /> public hearing on the application in accordance with the property; <br /> Section 2.3.3.1. 3. There are special circumstances or conditions arising from <br /> 2. The Planning and Zoning Commission shall be the initial the physical surroundings, shape,topography or other <br /> decision-maker,on whether to approve,approve with features affecting the subject property; <br /> conditions or modifications, or deny the application. 4. The request is detrimental to the public health, safety or <br /> 3. Conditions.The Planning and Zoning Commission may welfare,or injurious to other property within the area; <br /> require such modifications to the proposed alternative 5. The request either: <br /> compliance request and attach such conditions deemed <br /> necessary to mitigate adverse effects of the proposed a. Does not have an adverse impact upon adjacent <br /> alternative compliance and to carry out the spirit and intent property or neighborhoods, including but not limited <br /> of this Section. to, parking,traffic, noise, odors,visual nuisances, <br /> and drainage;or <br /> C. City Council Action.Alternative compliance requests expressly <br /> determined by this Code to be decided by the City Council shall b. Includes Improvements either on-site or within the <br /> first receive a recommendation by the Planning and Zoning public rights-of-way to mitigate any such adverse <br /> Commission then follow the procedure below. impacts. <br /> 1. The City Council shall conduct a public hearing on the 6. The request shall not have the effect of preventing <br /> application in accordance with Section 2.3.3.1. the orderly use and enjoyment of other property <br /> within the area in accordance with the provisions <br /> of this Development Code, or adversely affect the <br /> 2:50 San Marcos Development Code Adopted April 17,2018 <br />