Ord 2018-004/amending various sections of the San Marcos City Code for consistency with, or to complement concurrent adoption of the new San Marcos Development Code (“CodeSMTX”);

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74.188-74.193 of the San Marcos City Code are hereby amended as set forth below. Sec. 74.188. Remedies for violations. In addition to the penalties prescribed in section 1.015: (1) Any person holding a building permit or a peblie right-of-way eenstruetien permit who violates this article is subject to revocation of any and all permits;and (2) Any person violating this article shall be liable to the city for any expense,loss or damage resulting from the violation. Sec. 74.189. Access driveway permit. (a) Any person desiring to site and/or construct a driveway approach from an existing street shall apply to the city engineer for a permit to site and construct the driveway approach at the desired location. The permit is termed an "access driveway permit." (1) The city engineer shall promulgate policies and procedures, if necessary, to facilitate applications, including requirements for plans and specifications for the construction of any driveway approach. (2) The city engineer shall promulgate design and materials standards for driveway approaches, which shall govern the design and construction of all driveway approaches at the desired locations. (3) If determined by the city engineer to be necessary,the city engineer may perform or cause to be performed a study of the effects of siting a driveway approach at the desired location upon the ability of the city street system to smoothly and safely pass vehicular traffic and of the sidewalk system to safely pass pedestrian traffic. (4) The city engineer may deny the permit or the proposed driveway approach, if it is determined that the proposed driveway approach would cause disruption of traffic flow,or would adversely affect the safety of vehicular and/or pedestrian traffic at that location. a. The city shall not deny vehicular access to private property by the execution of its power under this article. Denial of a permit of the proposed driveway approach shall not be construed as denial of access as long as an alternate access route to the property, acceptable to the city, is available.