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g. The limitations on cut and fill of no more than eight feet under Section <br />6.1.2.3(C) of the City's Development Code are waived for the Katerra Tract only, to allow <br />cuts of no more than eight feet, and fill of no more than 11 feet. <br />Section 6.02. Cut and Fill Alternative Compliance. Under Section 6.1.2.3(C) of the <br />City's Development Code, the Developer or any Future Owner of any portion of the Property may <br />submit a request for alternative compliance approved by the San Marcos City Council to allow cut <br />and fill in excess of eight feet. As allowed under current ordinances, however, City administrative <br />staff shall have the authority to approve cut and fill on any portion of the Property in excess of <br />eight feet provided the cut and fill in excess of eight feet is within the perimeter of a building <br />foundation and has vertical foundation walls or grade beams containing said cut fill. If an <br />application for alternative compliance to allow cut and fill in excess of eight feet is filed, City staff <br />will endeavor to expedite processing of the application and to promptly place such application on <br />the agendas of the City's Planning and Zoning Commission for a recommendation and the City <br />Council for final consideration in accordance with Section 2.8.4.3(C) of the City's Development <br />Code. <br />Section 6.03. Extended Construction Hours. Pursuant to Section 14.011 of the San <br />Marcos City Code, the City's Building Official will consider requests to allow construction <br />activities between the hours of 9:00 p.m. and 7:00 a.m. <br />ARTICLE VII <br />LAND USES <br />Development of the Property is subject to the Permitted Uses and Prohibited Uses listed in <br />Exhibit "E" attached hereto and made apart hereof for all purposes. Notwithstanding any <br />restrictions, rights or privileges under applicable laws or the City's Development Code and other <br />ordinances, the Permitted Uses shall be allowed on the Property and the Prohibited Uses are <br />20 <br />065611.00495 309237v15 <br />