Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land

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MMIlnSUB II 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 3.8.1.1Applicability 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 3.8.1.2Standards 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 accordance with this Article must be shade trees. Code and the Street Design Manual would pose a safety 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 Sections 7.2.4.1,7.2.4.2, and 2.7.1.1 must meet street type and streetscape standards Appendix D of the San Marcos Design Manual. of this Article for existing streets abutting the subject B. Fee-in-Lieu property. 1. A cash fee for the installation of all or part of the sidewalk 2. The streetscape types of Section 3.8.1.5 shall be applied required under Article 8 may be accepted in lieu of based on the zoning or use of the subject property. construction by the Responsible Official based on the 3. Unless otherwise specifically provided, no permit for the criteria included in this Section. construction, reconstruction, extension, repair or alteration 2. The fee in lieu shall be set by resolution of the City Council of any building,structure or use of land and no building or based on the average cost of construction of sidewalks. land or any part of any building or land, may be occupied or used until the streetscape requirements of this Article have been met. Amended:September 1, 2020 San Marcos Development Code 3:53