0:05Okay, everybody, it is two o'clock.
0:07We're gonna call the uh Wednesday, March 25th, 2026 Planning Commission meeting to order.
0:13Would staff please do a roll call?
0:18Commissioner Sanchez?
0:23Commissioner De Succi?
0:34Commissioner Bustamante?
0:41Can we get the Spanish English interpreter, please?
0:57Las personas can escuchar esta audiencia in Espanyol.
1:11All right, today we're going to have two agendas.
1:13First hearing is a combined hearing agenda.
1:15Cases on the combined hearing agenda are cases where staff recommends approval.
1:19The planning commission doesn't require any further detailed discussion, and nobody in the audience is signed up to speak.
1:24All cases on consent will be read into the record in one uniform motion.
1:30The second agenda is an individual hearing agenda.
1:32Everything on individual will be heard separately before the commission takes action.
1:37So the the way I see it right now is everything except for items 10 and 11 are on consent.
1:47And we're going to have Commissioners Bustamante and Commissioner Ulett recuse from the consent agenda.
1:54So it is 202 and Commissioners Bustamante and Ulette have left the meeting.
2:06Move to approve consent agenda.
2:09We have a motion by Commissioner Prophet.
2:10A second by Commissioner Milam.
2:12Staff please do a roll call vote.
2:14Commissioner Prophet?
2:17Commissioner Sanchez?
2:22Commissioner DeSucci?
2:28Um Commissioner Orion?
2:33Motion passes for approval.
2:36You can call the Commissioners back in.
2:38It is 202, and Commissioners Bustamante and Ulett have rejoined the meeting.
2:43We'll move on with item 10.
2:50Commissioner DeSucci has to recuse on this item.
2:53It is 2002, and Commissioner DeSucci has left the meeting.
3:01Good afternoon, Commissioners at Arthur Gomez, Senior Planet of Development Services.
3:05I don't number 10 is a request for an approval of the resolution amending the North Sector Plan from suburban tier to regional center.
3:13There were 32 notices mailed, zero in favor, zero opposed.
3:17The Bavarian Forest HOA neighborhood association did not provide a response.
3:28The proposed change to regional center designation is inconsistent with the established locational criteria for regional centers.
3:35The proposed amendment is inconsistent with the character and infrastructure requirements of regional centers.
3:40These centers are designed designed for large-scale operations, including shopping malls, hospitals, and wholesalers that serve the regional market rather than a neighborhood one.
3:48While the subject property currently supports uses similar to the one being requested, its immediate proximity to an established residential neighborhood should require more sensitive approach.
3:58The zoning commission to recommend approval for the zoning portion on the request on March 17th.
4:02Staff is recommending denial in the request and the applicant is answering any questions.
4:12Good afternoon, John Cooley 7119, Parkside Place.
4:17I'm here to answer any questions you guys have about the application.
4:22Nobody signed up to speak, so we'll move on to Commissioner Questions.
4:25We'll start on the left with Commissioner Bustamante.
4:42I think the the I understand staff's position on that, but this use seems to be consistent with with what we're seeing along Western Oak.
4:54So no further questions.
4:57I agree with that comment.
4:59No further questions.
5:03Any more questions or we'll entertain a motion?
5:06Move to approve applicants request.
5:09We have a motion for approval of the applicant's request by Commissioner Prophet and a second by Commissioner Mylam.
5:15Staff, please do a roll call vote.
5:20Commissioner Sanchez.
5:30Commissioner Buster Monte.
5:33Motion passes for approval.
5:36All right, we'll move on to somebody let Commissioner DeSucci know he can come back.
5:41And we will move on to item 11.
5:44Commissioner Orion has to recuse from this item.
5:50And Commissioner DeSucci has re-entered the meeting and Commissioner Orion has left the meeting.
5:54Don't hold me back as a neck.
6:05Well, good afternoon, everybody.
6:06Uh Clayton Wallace, interim principles planner with uh development services.
6:10So item number 11 is an appeal of a certificate of determination.
6:14So just to run y'all through super high level, so I'm going to start high and we'll get lower.
6:20When is a plat required?
6:23So it states the owner of a tract of land uh within San Antonio City limits or the ETJ must make a plat available uh available whenever they are requesting new utility services or major building permits.
6:35So major building permits, new construction, additions, um, but but those are the two plat triggers.
6:42We have 18 reasons why you don't have to plat.
6:4535430C lists uh the 18 reasons why a property owner can get a plat exemption.
6:50Most cover single family detached uses, non-habitable uses, uh parks, uh cell towers, security fences, stuff like that.
7:00I mean there's a there's a lot of them, um, or other types of low impact development.
7:04But there are only two that generally allow for new utility connections and building permits for um non-detached single family dwelling and commercial uses.
7:14So now we're gonna get towards the actual application.
7:17So this application was filed on February 6th.
7:21It is for an existing duplex.
7:23Uh it is requesting new utility connections and building permits for a parcel made of antiquated lots 37 and 38.
7:30So this little screenshot down here from the bottom is what was requested and build a say.
7:35So they're requesting water service, sewer service, electric service, and building permits.
7:42So with that information, staff then reviewed this permit or this application under 35430 C 17.
7:50And this exemption states that a commercial or multifamily lot uh is located in the original 36 square miles of the city of San Antonio, and it was established prior to June 14, 1927.
8:02As long as it's in its original configuration, um it can be entitled to um that plied exemption that would allow for multifamily commercial single family uses.
8:13Um a couple things with this one.
8:17Again, if you remember this subject property is made up of two lots, it's a parcel made of two lots, so this is specifically for one.
8:25So we wouldn't be able to issue this for two parcels because it has to be on one lot.
8:30And then uh also 35515 A2B, a building built or may not be built over a common property line in any of the following conditions.
8:39And number two is under no conditions, shall a duplex, triplex, fourplex, or any other multifamily dwelling be permitted without rezoning and platting.
8:48So this uh code section 35515 comes into effect when they're requesting new things.
8:54Again, they're requesting new utilities and building permits.
8:57So they need to be in compliance with 35, 515, A2B.
9:02So staff found that they do not meet exemption 17.
9:06So then we reviewed it under 15.
9:08So 15 allows for sewer and water service to existing buildings if the following conditions are met.
9:14Condition A, uh the applicant has to provide evidence that the single family or non-single family development or whatever the use is, um, has had electrical service for more than five years prior to the date of application.
9:25So that's five years from February 6, 2026.
9:30Uh so they have to have provided that.
9:32There was no evidence provided from CPS that states that the meters had been there for existing prior for five years.
9:39So that's kind of flat out there.
9:42Um but they've also submitted an address certification verification on uh January 27th uh for the addresses.
9:49So in generally, CPS will only request this when you're requesting new services.
9:53They're not gonna have you come get an address verification for a meter you've had on your house for 20 years, 10 years, five years.
10:00It has to be new is what they're when they're looking for this address verification.
10:04So automatically they don't meet A.
10:09So and based on their request, they're also requesting building permits.
10:13They're also requesting electric service.
10:15So this would have only granted sewer and water.
10:18And again, 35515 A2B, a building may not be built over a common lot line if they're trying to do a duplex.
10:25Rezoning and plotting will always be required.
10:28So based on those findings, we did uh they did not qualify for this exception.
10:33So with the application, um, it was denied on its uh on its inability to qualify under any of the plotting exemptions and what the applicant is requesting, which was utility connections and building permits.
10:46So staff recommends that you uphold the denial of the uh certificate of determined nation.
10:52Uh I believe we have someone here from CPS if you have questions about that, and the applicant is also here.
11:00Um would you like to address the commission?
11:09I did bring my speech to pass out if that's okay.
11:13That way I'm I'm kind of new to this, so if you'll bear with me a little bit in case something gets missed.
11:19Thank you for allowing me to present today.
11:21Uh my name's Jamie Little with ADA Consulting Group 221 West Rhapsody Suite 102, San Antonio, Texas 78216.
11:29And I'm here on behalf of the owner of 439 Barrett Place to respectfully request the approval of our appeal regarding the denial of the certificate of determination 26-106-00055.
11:43So just to jump right in, this is this property is an existing occupied duplex built in 1940 on lots 37 and 38 of an antiquated 1913 plat.
11:55The duplex has continuously operated as two independent dwelling units for decades, with one SAWS water meter and two CPS electric meters serving the structure.
12:06Importantly, City Council formally recognized this duplex in 1992 through ordinance 76368, which rezoned the property to R7 with a supplemental use permit specifically for a duplex, despite duplex already being allowed by right in R7 at that time.
12:24The action is clearly acknowledged and legitimized the long-standing duplex use across the two lots.
12:51UDC 35702 would further deem this existing duplex a legal existing building, thus applying UDC plat exception 35, 430 C 15, and 16.
13:03Uh, could staff please bring those up on the the um the common monitor, please?
13:10Uh 3540 C 15 and 16.
13:14Do you have the exceptions by chance?
13:34I have it here, I have it, I can read it.
13:45So while he puts that up, I'd just like to comment that these two plat exceptions allow for existing buildings to be re repaired regardless of their plat status because of reason 16 and the ability to attain water or sewer service.
13:59Uh and that's through reason 15.
14:01So specifically reason 15, I'm sorry, excuse me, reason 16.
14:06The property qualifies if the request for permits within a lawfully permitted existing buildings footprint includes remodeling, general repair, and maintenance, roofing, ADA accessibility, trade permits, and similar improvements shall not require a subdivision plat.
14:26These exceptions will allow the owner to obtain their necessary repair and trade permit, particularly an electric permit to address a compromise panel, and if desired in the future, pursue a separate water meter.
14:39In the past, we've applied for a COD using 35702, and staff correctly applied the appropriate section of 35430 as they're obligated to do.
14:49But in this case, staff denied the COD by sp based primarily on UDC 35515, which prohibits a building a excuse me, building a duplex across a lot line.
15:01This section applies only to new construction or conversions, not to existing lawful, non-conforming structures.
15:08The duplex at 439 Barrett Place is not being built, converted, or expanded.
15:13It already exists and has operated in this configuration for over 80 years.
15:18Applying modern development standards retroactively is inconsistent with the intent of 35702, which protects long-standing uses like this one.
15:27Staff also declined to apply product section 15 and 16 despite both being directly applicable.
15:33And I can't stress this enough.
15:35Exception 16 is especially critical as it allows repair, maintenance, and trade permits for any existing lawful building, regardless of lot configuration.
15:46Without it, the owner cannot pull a trade permit to repair an unsafe electrical panel.
15:52Our application met all the requirements under 45, I'm sorry, excuse me, 35430 D, and staff's obligation was to determine which exception applied, not to require a separate application fee or or separate uh application and fees.
16:10So in summary, staff erred by applying the incorrect UDC section by not recognizing the property's non-conforming rights, and by declining to issue a COD under exceptions that clearly apply to the long-established duplex.
16:25Since we qualify for these inspection with these exceptions, we respectfully request the planning commission grant this appeal and issue a COD under 35430 C16 and ideally also 15.
16:37So the owner can obtain necessary repair permits and continue lawful use of this historic complex duplex.
16:47Is there any questions?
16:50Nobody is signed up to speak, so letter Commissioner questions.
16:52We will start on the right with Commissioner De Suki.
16:58I wish I have access to all these uh guidelines earlier just to go over them.
17:03But let me ask you this there is an existing duplex on the lot right now.
17:13I believe it is, but I'm not sure.
17:15I believe the the meters have been in existence for over 60 months, so but I'm I'm not sure.
17:22So there is no power already?
17:27So the duplex has two active water meters and one, let's see, I'm sorry, I apologize.
17:33One active water meter meter that serves both the units and two CPS electric meters, one for each unit.
17:40So it has two of the electric, one of the panels behind the meters needs repair.
17:46That one, they've all been in use for over 60 months.
17:50Haven't been used for over.
17:51No, they have been in use.
17:52They have been used.
17:54So this is an active account.
17:58Yes, one of the electric meters is in need of repair.
18:03I don't, I mean, I believe it's the panel behind the meter, and that one, I believe, has been in disrepair since I don't have the exact date.
18:12I can't remember if it was it hasn't been six months yet.
18:14It's been less than six months.
18:16And the request here is to apply for a permit for utilities.
18:21Uh trade permit to fix to fix the non working CPS.
18:27I'm sorry, the um the electric panel behind the meter that needs to be repaired.
18:32That's what the trade permit is was for.
18:35And that's where you requested to get that, so you were not able to get that from the city.
18:55Like the actual address.
18:58I'm talking about CPS synergy.
19:00Uh I really don't have the address, so I don't know if you need that idea for your later date.
19:05Uh so CPS is providing service for this duplex.
19:09Yes, there are two active meters with this address.
19:12Uh is CPS in any objection to this?
19:16Uh no, based on the information I have, I don't have any objections.
19:20No objection with this uh for the applicant to pull permit to make the repair.
19:29Uh no further question.
19:32Before you leave, Mr.
19:36Um we heard that CPS requested an address.
19:42Uh would you repeat that?
19:44So, yeah, so the facts of the case that we have so far is that there is an open address verification stating that CPS requesting address verification for um the lot.
20:00And again, they did not provide any documentation at the time of either of these that they are active meters for the property.
20:04So you know, not to doubt that there may or may not be, but for staff, we when we request this information, CPS provides, it's on letterhead and official this meter and it this meter has been at this address from this date to this date.
20:21And it's a standard letter that we get for anybody who requests this type of exemption.
20:27At this time, we have not gotten that.
20:29So that proof of the 60 months has not been submitted.
20:36Can you address that?
20:38Yeah, if you need some verification, um I mean I don't I don't know what that process is.
20:43I'm with the service and metering department, so I don't deal with that side.
20:46Um I'm sure I can get someone to verify that if we need to.
20:50Um I just know I looked when I look in the system and I look for this address, I see two active meters at the account.
20:59And for the applicant.
21:02So there's only one active water meter.
21:06Are are you requesting another one?
21:08Well, we're requesting that the our COD application get approved under 15 as well in case the at some point in time the owner wants to add one if it's permitted.
21:18Are there any other trade permits requested other than to repair that meter?
21:24Not that I am aware of.
21:28So for staff again, the requests.
21:31I I I'm guess I'm So the request though the again the request if that was originally submitted.
21:38Jose, can you pull back up?
21:42Sorry, can I jump in here real quick?
21:45So the original application was for uh the new utility requests and building permits.
21:52In practice, you know, a a lot of things either don't need a permit or you can come get a counter permit.
21:58Trade permits are generally not a plat trigger.
22:00It's major building permits, so new construction and additions, or new utility connections.
22:06So when they are requesting services, we're not going to review it under the the exemption that allows for trade permits, interior remodel, because that's not what they're requesting.
22:19So that's what our denial is based on.
22:21Um and we've communicated as well, and I believe she said in her presentation, they can they're welcome to reapply if they feel like there's another exemption that they qualify for.
22:31Um this is not a flat, you can never request this again, but with the information that you provided, and then the following appeal, you know, we're not going to change our denial.
22:42So had you and the applicant talked?
22:45So when they when we issued the denial, they had reached out and we had explained it, and then they filed the appeal, and then there was additional information submitted that said, oh, well, we're just going to do a remodel.
22:55And then the communication was, well, then you can resubmit for a new certificate of determination, and we will re-review it with the information that's required.
23:03So I mean, they they still need to provide that what they're doing meets that qualification for the can you pull up uh the UDC or put the screen back up for 16?
23:16So on 16, it's remodeling, general repair, maintenance.
23:20So again, they they need to submit the documentation that shows that's what they're gonna do, and we'll re-review it.
23:26And if we feel that it meets that qualification, then we can re then we can issue a certificate of determination for that request.
23:34But again, at the time, this was not what the request was for.
23:37This application requested new utility connections and building permits, which we are assuming is either new construction or addition.
23:43It didn't mention I want to do a remodel of my existing house, I'm gonna fix uh a panel for the electric meter.
23:50And generally with MEPs, they can go pull those over the counter.
23:53It's not something that is a major plat trigger.
23:55It's new utility connections and major building permits.
23:59So is that does that answer it?
24:02That more than answers.
24:07Commissioner Prophet.
24:10Do you do you want to say anything about that?
24:12Hey, I I think what our issue is is that under 35430 D, our uh application provided everything it was required to provide.
24:27We weren't required to provide anything else.
24:29And really it should be up to staff to determine what exceptions we we apply for or that we qualify for.
24:38So when they tell us that they're gonna deny us on something that's not even applicable to what we're doing, and then make us pay more money to do another application, it's it's a little frustrating.
24:49We've gone back and forth with them on this.
24:53So he's showing here that you requested water service, sewer service, electrical service?
25:00Uh from my understanding, the trade permit is to fix the panel, and that would where we would use the exception uh 16, I believe.
25:09And then if later on the owner wants to provide a separate SALS water meter, they could.
25:16So that was what the request was for.
25:19So to be clear, the request is what is shown on your screen.
25:23It was a request for water service, sewer service, electric service, and building permit.
25:30So we are going to review it under what it was submitted for.
25:34We're not going to re assume which possible combination of those things you actually need now, and then have some open-ended revisiting of the discussion sometime down the road based on how plans may change.
25:47So if the request changed between the initial submittal and when the decision was made, that would be a separate application for staff to conduct that review.
26:00So this Logan, maybe you can answer this for me.
26:03I mean I've actually had the fun experience of going and getting a uh a counter permit, and folks there really helped me through what I should ask for and what I should request.
26:18How did this request come and and is and is this all it says?
26:24Is this the entirety of the request?
26:26So the the application specifically stated uh their their um it's 35702.
26:33They're saying it's a nonconforming, you know, we qualify as nonconforming, but it's not nonconforming.
26:37It's a it's a per a duplex permitted by zoning.
26:41There is no nonconforming application.
26:43This isn't a nonconforming request.
26:46So I think to summarize, the application when it was submitted included a section of code that they wanted the application reviewed under.
26:56When we found that that was not applicable, we tried to find a solution that would work.
27:03We requested five consecutive years of CPS information.
27:07We were never provided it.
27:09So we were not able to show that the criteria was met in order for that application to be approved under any of the criteria.
27:19And then we ran into the secondary issue of the code specifically addressing that what they're seeking is not permitted in that subsection B.
27:32I am kind of curious that we couldn't find five years of CPS records if it's been continuously occupied.
27:39It is incumbent on the applicant to provide that information to staff.
27:43Development services department does not have direct access to CPS's information.
27:49I guess I don't have any further questions.
27:53Commissioner Prophet.
28:00I think expressed a lot of the same questions that I had.
28:10I know sometimes you know things can seem very bureaucratic and uh uh burdensome in doing the applications, but but it just seems um the code seems pretty clear, especially you're requesting additional sewer line, right?
28:26So that the request is for new sort new sewer service and electrical service, which under the current UDC permitted exemptions or would not be permitted an exemption under the current UDC.
28:44Is that am I interpreting that correctly, staff?
28:49I am sorry, what was the hypothetically if if the proof of the electrical service was determined, then there wouldn't be a need to seek an exemption, right?
29:03Because they would still need to if they're wanting sewer and water, they would need to reapply and provide that documentation to see if they qualify for that.
29:12I mean, we we have we weren't able to get to the other uh criteria.
29:16We weren't able to review this this exemption completely because we didn't have that proof.
29:21So if they would like to provide that proof and reapply, um they're welcome to, but again, 35, 430, um, or I'm sorry, not 430, it was 35510 B2.
29:32Uh it's a duplex crossing an interior lot line, so it would be denied again for that criteria.
29:37Um now that they are requesting new, they need to be in compliance of with that section.
29:42So I a plat would be required.
29:45So the structure is not being fundamentally changed.
29:49It's been uh arguably duplex since 1940, something like that.
30:00It was built in 1940s and it's been operating that way for 80 years.
30:02With the supplemental so it was zoned correctly.
30:05But the trigger now is the UDC has changed.
30:09Well, the trigger now is new connections.
30:11So when you it's allowed to exist as it is right now, with not we're not going to go out and say, hey, you're a duplex, you need a replat.
30:18They're wanting new utility connections.
30:20They're wanting new things, and so they need to come into compliance with our current development code, correct?
30:26It may have been different in 1992 than it is today.
30:34And doing a desk permit perhaps wouldn't have triggered.
30:39So again, the plat triggers are major building permits, so new construction and additions or new utility connections.
30:46So counter permits, interior remodel, under so interior remodel is under 50 percent of the total structures.
30:53So as soon as you break that, it's considered new construction.
30:56But in general, MEP work, you you you I'm not gonna make you plat to have a plumber come out and replumb like a like a water softener.
31:05So you know uh the really the the trigger in this request is the new utility services.
31:15I have no further questions.
31:20I I might muddy the waters.
31:22But um I'm just curious.
31:24So the application was for the electrical panel to be repaired.
31:27Is that correct behind the meter?
31:29What what part um of this um connects the dots to sewer and water service?
31:36I think the idea was that we could apply for whatever we would qualify for, so that if in the future we would already have this on the books, it would just be something for the owner to have because they technically would qualify for it.
31:52And if I may add, I would just say the uh the repair of a panel was not part of the stated reason for applying.
32:01So it was not in the description.
32:03There they are welcome on the application, they can provide a narrative of what they are requesting.
32:08That was not part of it.
32:11I I guess that's where I'm a little confused.
32:13So they uh they you didn't state number one what you actually wanted, and then they also took it as you want new utility services, meaning water and sewer, but that was more like a future planning like not something that would be existing.
32:32I just would like to point out that under 35430 D, when you apply, those items are not required in in Section D for the certificate of determination is what they are asking for.
32:47Now our office did go back and forth with them with the information they asked for, and they did tell us that six uh exception 16 could be applicable, but they wanted us to resubmit after they denied us for something that's not even applicable to our project.
33:03I I would like to chime in on that in the aspect of after the denial was issued and the appeal was requested, that is when communication via email was established, kind of discussing the case.
33:17I gave them the option, well, if you would like us to review it under a different exception, that was when we were provided information that there was uh a CPS meter, then that okay, well then please submit a new application and we will review it under that exception.
33:34The information that we were given at the beginning of the application was asking for again to reiterate all utility services and building permits.
33:43That was the information that we were given, and that is what staff reviewed it under.
33:47Any time we get a request for a new review to review it under something else, we always request that the applicant submits a new application if we have already made a determination because the staff has already done the work and put in that time and effort into that initial application.
34:12I just I don't want to beat a dead horse here, but there are 17 different plat exceptions, each of which require individualized criteria to qualify for that exception.
34:25You know, we try to make these plant exceptions accessible.
34:29They are a nominal 200 fee.
34:32You know, it is not a fee that covers the the work of staff to go through iteration on iteration on iteration of well, I want everything, now I only want two of the four things or three of the four things.
34:46So yeah, we are going to conduct the review, and when we conducted that review based upon what was submitted, which is displayed on your screen now, it didn't qualify.
35:00And we issued the denial, and then when additional communication took place, we advised that there may well be a path forward under a different exception.
35:05It would require that they provide different information and a new application for us to conduct that review.
35:11But we do not have a plat exception for what they submitted this application for no further questions.
35:22Commissioner Garcia.
35:27So I understand you had brought up the cost.
35:29Is it um is it more of an issue where we don't the owner or or your team does not want to resubmit, you don't want to go through all that again.
35:41Um is there is does that does that make sense if they go through that process and if they revise that scope, what are their chances?
35:49So they So I I'm not going to advise on chances in the middle of a public meeting, but certainly, you know, CODs are you know, it it's kind of like a plat.
36:01If they meet the criteria, it gets approved.
36:04It's not, it's not a, you know, a recommendation.
36:07So if they meet the criteria for any one of those 17 exceptions, they will get a plat exception.
36:13We issue hundreds of plat exceptions every year.
36:19Has that been ex I mean it it sounds simple?
36:23I mean, maybe it maybe it isn't, but it sounds is that is that something that can be done with it.
36:27I think part of the problem is is there was a bunch of communication right after the denial where they kept going on about a reason that wasn't applicable to our project.
36:39And when it brought up that we could use exception 16 and that they would most likely approve it, they wanted us to reapply, which doesn't seem appropriate because that's not what 430D says that we should, that we it should be our burden.
36:56It's staff's burden to do.
36:58And I like I pointed out, they've actually done that before.
37:02We have projects where we've applied for something and then they told us no, this is what we're going to give you your um approval on, which was not what the application initially said.
37:17I would just reiterate that it is incumbent on the applicant to provide the material that is required.
37:22Staff will try to assist.
37:23If we have ready access to material that is in a cello, we will access it.
37:28We don't have access to CPS's information.
37:31And to be honest, I don't think it was strictly monetary because a new application is 200 dollars and the appeal fee is 350.
37:50Commissioner Bustamante.
37:52Uh I was hoping Lopez would be the lawyer.
37:55Um not that I am acting as a lawyer in this capacity today.
37:58That is the City Attorney's job.
38:00But you know, from that experience, you know, what it the nub is, and this will be to the City Attorney's offices, is what is the record before us today?
38:13The right the record before us today is in terms of the planning commission's decision?
38:19Is whether or not the staff has adequately reviewed this application and whether or not they have made an error in the determination of a denial.
38:27They're appealing that denial.
38:28And based on the application that was submitted at the time.
38:31Not that was attempted to be changed after the fact or as as conversations change, but how it was recorded at that time.
38:39So once the determination was issued, no further information should be considered by this panel today, correct?
38:48And I think that's the primary issue procedurally for me.
38:52This is a procedural problem in my mind.
38:56So no further questions.
39:00So to me, there is a lot of moving parts here, but I think it boils down pretty simply.
39:08You know, the application that was submitted was for various things, none of which was the real reason that you the real thing that you needed to do, which was the repair of the electrical meter.
39:21In my mind, if you would have requested the repair for the electrical meter based on what I know about the UDC.
39:26And that's all you needed, I think that you probably could have gotten an approved certificate termination.
39:31Again, I'm not going to put words in staff's mouth, but that's what maybe I would understand.
39:36The rest of it polluted the waters with the sewers, with the utility services and whatever else there was, I don't remember what it was.
39:44But again, going through the sections of the code that are applicable here, those are the things that muddied the waters which precipitated the denial of the request.
39:54You know, can can read the thing and says that if you're going for an MEP permit, which essentially repairing your electrical meter is, I don't think anyone has a problem with that.
40:00I don't think anyone has a problem with that.
40:02It's the other, it's the it's the new services or the requests for services from SAWS and other utility purveyors that can really complicate the waters because you've already got services, so then do you end up with multiple services on a lot, or how does that work?
40:17And then it triggers the review about the duplex and over the common lot line.
40:22Well, over the lot line.
40:24So to me, the solution is pretty simple.
40:26Either uh submit a new application for the electric service only and see if you can get it based on that.
40:35That's my opinion on what they've done.
40:37So correct me, staff if I've said anything wrong, but I don't believe so, no.
40:47Any other questions from the commission?
40:54No entertain a motion.
40:56I just I'm a little disappointed it got here.
40:59It seems like this is something that could have been taken care of previously between staff and the applicant.
41:08Just gonna put that comment out there.
41:14Thank you for your time.
41:17Um I'll move to up hold the denial by staff.
41:23We have a motion by Commissioner Profit to uphold staff's denial of the uh applicant's request.
41:31And a second by Commissioner Bustamante.
41:34Yeah, staff, please take a roll call vote.
41:37Commissioner Profit?
41:38Commissioner Buschamantiu?
41:41Commissioner Sanchez.
41:44Commissioner Garcia.
41:46Commissioner DeSucci?
41:56Motion passes for upholding the denial.
42:01Is there a director's report today?
42:03Maybe an update on planning commission application or interviews or whatever.
42:08Was Orion going to return?
42:14Oh, he can come back.
42:18So for the record, Commissioner Orion left the meeting permanently whenever it was that he exited the meeting.
42:26I do not have an update for you at this time.
42:31Any other director's report?
42:32Well, just uh confirmation for um for the the city council determination, the the planning commission interviews will be held next Thursday at City Council, next Thursday at the A session at 9 a.m.
42:43Everybody that's already going in for interviews has already been communicated with.
42:47And they've they've requested questionnaires or responses to their questionnaires.
42:51So it's not going to governance committee?
42:55They're doing it, they're changing it this year.
42:59It's going directly to City Council in front of the A session, and all the interviews will be held there.
43:05You said everybody's been contacted about the interviews?
43:09I haven't been contacted.
43:11I'll I'll speak with you after the meeting.
43:14Just to add to the record, Commissioner Orion re-entered the room at 243.
43:23And that meeting is when is that plant commission?
43:26Yeah, that's next Thursday.
43:28Is that the big city council meeting?
43:33So the the council members and the mayor will be there to ask questions of the potential applicants.
43:38There were 30 some odd applicants that were whittled down to 13, and those 13 will be there in front of the city council to answer their questions.
43:47I expect a long meeting.
43:52Thank you very much.
43:55It is 244 and we're adjourned.