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x <br /> SUBDIVISIONS <br /> ARTICLE 8: EXISTING STREETS Downtown and 4. Gated public streets shall not be permitted. <br /> Midtown areas as <br /> identified in the 5. Administrative design adjustments approved by the <br /> DIVISION 1• GENERAL PROVISIONS Design Manual. Responsible Official pursuant to Section 3.6.1.1 may <br /> be appropriate when an existing building would impede <br /> This Article describes regulations fort construction of street roadway expansion;when transitioning from a different <br /> improvements and streetscapes for isting streets throughout street section; or where strict compliance with this <br /> the City. It is intended to address w n street and streetscape Development Code and the Street Design Manual would <br /> improvements are appropriate thr gh the application of the pre- pose a safety hazard. <br /> approved street types in this ch ter. The City has an approved <br /> Design Manual which provides rther details for streetscapes in the C. Applicability for Additions and Repairs <br /> downtown and midtown intensity zones. <br /> 1. A building or site may be renovated or repaired without <br /> Section 3.8.1.1 Applicability and Intent meeting the streetscape standards, provided there is no <br /> increase in gross floor area or improved site area. <br /> A. Intent <br /> 2. When a building or site is increased in gross floor area or <br /> 1. The intent of the existing street regulations is to provide the improved site area cumulatively by more than ten (10%) <br /> application of the streetscapes to existing streets to reflect percent,the streetscape provisions of this Article must be <br /> the character and context of areas in the City. met. <br /> 2. The existing street regulations provide adequate travel D. Change in Use Exempt.A change in use does not trigger <br /> lanes for vehicles, cyclists and pedestrians. application of the streetscape requirements of this Article. <br /> 3. Administrative design adjustments approved by the Section 3.8.1.2 Standards <br /> Responsible Official pursuant to Section 3.6.1.1 may <br /> be appropriate when an existing building would impede A. Tree Planting <br /> expansion,when transitioning from a different street <br /> section or where strict compliance with this Development 1. Unless otherwise noted below, all trees planted in <br /> Code and the Street Design Manual would pose a safety accordance with this Article must be shade trees. <br /> hazard. 2. Where overhead utilities exist, one (1) understory tree shall <br /> B. General Applicability be planted every twenty (20)feet on center, on average. <br /> 1. Any new development activity and any addition or repair 3. All required street trees must meet the design,type, <br /> subject to the requirements of Section 3.1.1.1 and Section and installation requirements of Section 4.3.2.27.2.4.1, <br /> 2.7.1.1 must meet street type and streetscape standards 7.2.4.2, and Appendix D of the San Marcos Design <br /> of this Article for existing streets abutting the subject Manual. <br /> property. B. Fee-in-Lieu <br /> 2. The streetscape types of Section 3.8.1.5 shall be applied 1. A cash fee for the installation of all or part of the sidewalk <br /> based on the zoning or use of the subject property. required under Article 8 may be accepted in lieu of <br /> 3. Unless otherwise specifically provided, no permit for the construction by the Responsible Official based on the <br /> construction, reconstruction, extension, repair or alteration criteria included in this Section. <br /> of any building, structure or use of land and no building or 2. The fee in lieu shall be set by resolution of the City Council <br /> land or any part of any building or land, may be occupied based on the average cost of construction of sidewalks. <br /> or used until the streetscape requirements of this Article <br /> have been met. <br /> Amended: October 17,2023 San Marcos Development Code 3:53 <br />