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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allow a period of ton working days for the receipt of all comments or objection, from every request recipient. When the city engineer receives an objection based disapproval is sent to the permit applicant stating clearly the grounds for disapproval. Sec. 74.192. Procedures relating to existing access to the public right-of-way. (a) A driveway approach in existence and functioning as an access route to a parcel of property on the effective date of the ordinance from which this article derives may not be closed for five years thereafter without the consent of the owner of the parcel of property so accessed. (b) Five years after the effective date of the ordinance from which this article was derived,the city engineer may order that any driveway approach on any public right-of-way be closed and cease to function as a point of vehicular access to the abutting property,provided the following conditions are met: (1) On the basis of a study made to determine its impacts on the smooth and safe flow of vehicular and pedestrian traffic, the city engineer determines that continuing to allow the driveway approach to remain open would have a significant detrimental effect on traffic operations and/or safety. (2) Closing the driveway approach does not result in the abutting property being denied reasonable access to a public street. If the consequences would result from the closure, the city engineer may direct that an alternative access route be developed. The alternative access route shall be complete and functional before a driveway approach is closed. (3) The owners of all property directly served by the driveway approach are notified in writing via certified mail at least 120 days prior to the date when the closure is to be executed. (c) Appeal procedures are as follows: (1) Any person aggrieved by an interpretation under this section or by any decision or ruling of the city engineer under this section shall have the right to make an appeal to the planning and zoning commission.The appeal shall be perfected by giving a written notice containing the following information to the director of planning and development services within 15 days of the issuance of the decision or ruling of the city engineer: