Response provided by Amanda Hernandez, Assistant Director of Planning:
How far are they from the city limit line? Or are they? It looks like they are contiguous to recently annexed CD-4 territory. This property is contiguous to city limits
If contiguous, why isn't annexation moving forward? The development agreement requires the applicant to submit annexation & zoning applications within 90 days from the approval date of the agreement.
Why the Dev Agr other than the four-bedroom allowance and the Parkland requirement? No other reason
Dev Agr page 3 item 4 ii
Building Inspections: The City of San Marcos Fire Prevention Division shall provide inspections of all Multifamily and Commercial buildings at no additional cost to the Owner.
Do we usually charge? Why would we not in this case? To ensure it gets done? If so, that's an OK response. This is language from the development agreement template which lays out standard City processes – we do not usually charge.
Under 2.03 Authority, Applicable Rules and Right to Continue Development item C contents. What is different from the rules inside the city limits? 2.03.C. discusses moratoriums. If City Council were to approve a moratorium that prohibits development, this section states the moratorium would not apply to them because Council agrees to their development with the approval of the development agreement. (Note: 2.03.B & C. are both included in the agreement to ensure the applicant, and make clear to staff enforcing the agreement, this project is vested)
It would be helpful to know what the code is, what the exception they want exactly is, and why we would be OK with it. The 7th slide in the presentation includes the only development waiver to allow 4 bedroom units when the code allows no more than 3. Since this is a LIHTC proposal the 4 bedroom makes sense for families.