AGENDA CAPTION:
Title
Consider approval of Resolution 2026-73R, approving a License Agreement with SA Street LLC., to allow a portion of a covered patio to be located within a Public Utility Easement, located at 411 West San Antonio Street, Building 2; authorizing the City Manager, or her designee, to execute the agreement on behalf of the city; and declaring an effective date.
Body
Meeting date: May 5, 2026
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
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Background Information:
The license agreement is to allow a covered patio to be located within a Public Utility Easement for the property located at 411 W San Antonio St. This covered patio is attached to the front of Building 2 and faces W San Antonio St.
A 5ft public utility easement runs along the front of the property parallel to W. San Antonio St. The flatwork associated with the patio may be located within the easement. However, because a covering is provided over the patio it is considered a structure and a license agreement must be obtained in accordance with Article 6, Section 74.200 of the City Code.
The proposed license agreement would allow a 1ft 9in encroachment of the covered patio within the 5ft public utility easement. The covered patio is 872 square feet, and approximately 25 square feet is proposed within this easement.
Feedback from other departments, including Engineering, San Marcos Electric Utilities, Planning & Development Services, and Public Works, stated that Staff would be supportive of this encroachment so long as proper clearance is maintained between the covered patio and existing overheard utility lines and support poles. Approximately 14ft of clearance is provided between the covered patio and electric utility infrastructure. Staff confirmed this distance is sufficient.
Council Committee, Board/Commission Action:
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Alternatives:
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Recommendation:
Staff recommends approval of LA-26-01 as submitted.