[Call To Order] [00:00:10] MEETING TO ORDER AT 601. COMMISSIONER, CAN I PLEASE GET THE PLEDGE OF ALLEGIANCE? SURE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. CAN I PLEASE GET ROLL CALL? DIRECTOR? COMMISSIONER TORRES HERE. PRESENT. COMMISSIONER. DORKA HERE. COMMISSIONER LAURA HERE. VICE CHAIRPERSON. FONSECA, PRESENT AND CHAIRPERSON. [Approval of Agenda] MURILLO PRESENT. AT THIS TIME, THE COMMISSION MAY ANNOUNCE ANY ITEMS BEING PULLED FROM THE AGENDA OR CONTINUED TO ANOTHER DATE. OR REQUEST THE MOVING OF ANY ITEM ON THE AGENDA. DO WE [Approval Of The Minutes] HAVE ANY ITEMS BEING PULLED? NO. WE'RE GOING TO MOVE ON TO THE APPROVAL OF THE MINUTES. CAN I PLEASE GET A MOTION TO APPROVE THE PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 19TH AND THE PLANNING COMMISSION MEETING MINUTES OF DECEMBER 17TH, 2025. MAKE A MOTION. I'LL SECOND THAT. COMMISSIONER TORRES. YES, COMMISSIONER. LARA. YES, COMMISSIONER. YES. VICE CHAIRPERSON. FONSECA. YES. AND CHAIRPERSON MURILLO. YES. MOTION CARRIES. THE PUBLIC MAY ADDRESS THE COMMISSION ON ANY ITEM OF INTEREST TO THE PUBLIC THAT IS NOT ON THE AGENDA, BUT IS WITHIN THE SUBJECT MATTER JURISDICTION THEREOF. PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES, AND I'LL BE OPENING THE PUBLIC COMMENT AT 602. DO WE HAVE ANYONE ONLINE? THERE ARE NONE ONLINE. THANK YOU. I'LL BE CLOSING PUBLIC COMMENT AT 603. DO WE HAVE ANY REPORTS AND REQUESTS? THERE ARE NONE. DO WE HAVE NON HEARING ITEMS? THERE ARE NONE. OKAY SO MOVING [Public Hearing Calendar (Quasi-Judicial)] ON TO THE PUBLIC HEARING CALENDAR. TO ITEM NUMBER THREE IS A PUBLIC HEARING TO CONSIDER RESOLUTION NUMBER 2020 602 OF THE PLANNING COMMISSION OF THE CITY OF COACHELLA. REQUEST A CONDITIONAL APPROVAL FOR VARIANCE NUMBER 20 505 FOR AN EXISTING UNPERMITTED AND DETACHED 210 SQUARE FOOT PATIO STRUCTURE LOCATED LESS THAN FIVE FEET FROM THE PROPERTY LINE AT 53 5346 CAMINO LORETO, AND DETERMINING THAT THE PROJECT IS COMPLIANT WITH SECTION 573 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. APPLICANT IS ALEXIS VELASQUEZ. YES. GOOD EVENING, CHAIR, AND MEMBERS OF THE PLANNING COMMISSION. GOOD EVENING. FOR THE RECORD, VANESSA SANCHEZ, MESA PLANNING TECH. BEFORE YOU TODAY IS THE REQUEST FOR A VARIANCE FOR THE VELASQUEZ SETBACK PROJECT. CASE FILE NUMBER VARIANCE 20 505. THE APPLICANT IS ALEXIS VELASQUEZ. THE CITY APPLICATION WAS RECEIVED NOVEMBER 3RD, 2025. LOCATION IS 5034 SIX CAMINO LORETO WITH A GENERAL PLAN DESIGNATION. SUBURBAN NEIGHBORHOOD AND ZONING DESIGNATION SN SUBURBAN NEIGHBORHOOD. FOR BACKGROUND ON THIS VARIANCE APPLICATION, ON JANUARY 15TH, 2025, A CODE ENFORCEMENT OR CODE ENFORCEMENT OPENED A CODE CASE ON THE UNPERMITTED PATIO STRUCTURE. FEBRUARY 13TH, 2025 THE APPLICANT SUBMITTED A BUILDING PERMIT APPLICATION AND THEN FEBRUARY 24TH, 2025 STAFF SENT OUT A CORRECTION LETTER ON THE BUILDING PERMIT THAT WAS RECEIVED BY THE APPLICANT. AND THEN ON JANUARY 16TH, 2025 AND AUGUST 28TH, 2025 TO CODE ENFORCEMENT NOTICES WERE SENT OUT WITH NO CITATIONS. AND THEN ON NOVEMBER 3RD, 2025, A VARIANCE APPLICATION WAS SUBMITTED TO STAFF. GOING INTO THE REQUEST FOR THE VARIANCE. CURRENTLY, IT DOES NOT MEET THE MINIMUM FIVE FOOT SETBACK STANDARDS FOR THE SIDE YARD AND REAR YARD AREA. ON THE REAR YARD, IT HAS THREE FEET AND SEVEN INCHES FOR A SETBACK, AND ON THE SIDE YARD IT'S THREE FEET AND 11IN. THE REST DOES MEET THE MINIMUM REQUIREMENTS SUCH AS STREET LINE SETBACKS, [00:05:06] HEIGHT, SIZE, SETBACKS FROM OTHER STRUCTURES, REAR YARD LOT COVERAGE. AND THE LAST ITEM IS NOT APPLICABLE AS IT IS NOT ATTACHED. FOR REFERENCE, THIS IS A PUBLIC VIEW OF THE PATIO STRUCTURE FROM THE EAST ELEVATION. THE SOUTH ELEVATION. THERE ARE SOME. THERE'S LANDSCAPING THAT. SCREENS THE PATIO AS WELL AS THE NORTHEAST ELEVATION, AND FROM THE FRONT OF THE HOME ON THE WEST ELEVATION, YOU CAN SEE IT BEHIND THE THE CAR ON THE LEFT SIDE OF THE IMAGE. GOING INTO FINDINGS ONE THROUGH ONE THROUGH THREE, THEY CANNOT BE MADE AS THE SUBJECT PROPERTY DOES NOT PRESENT ANY SPECIAL CIRCUMSTANCES, PRACTICAL DIFFICULTIES, OR UNNECESSARY HARDSHIPS THAT WOULD JUSTIFY DEVIATION FROM THE COACHELLA MUNICIPAL CODE. THE LOT EXCEEDS MINIMUM ZONING STANDARDS FOR SIZE, WIDTH, REAR YARD SETBACKS, AND ITS ORIENTATION AND CONFIGURATIONS ARE CONSISTENT WITH OTHER PROPERTIES IN THE SAME ZONE AND SUBDIVISION. ADEQUATE SPACE EXISTS TO CONSTRUCT THE DETACHED ACCESSORY STRUCTURE IN FULL COMPLIANCE WITH REQUIRED SETBACKS, AND THEN FOR FINDING FOR. IT WAS FOUND THAT THE PROPOSED PATIO STRUCTURE COMPLIES WITH APPLICABLE DESIGN STANDARDS FOR ACCESSORY STRUCTURES AND SINGLE FAMILY ZONES, AND, IF APPROVED, WOULD BE SUBJECT TO BUILDING. DIVISION AND RIVERSIDE COUNTY FIRE DEPARTMENT CONDITIONS TO ENSURE THE COMPLIANCE WITH ALL BUILDING AND SAFETY REQUIREMENTS, AND THEN FOR FINDING FIVE. THE GENERAL PLAN DOES NOT PRECLUDE ACCESSORY PATIO STRUCTURES WITHIN A FIVE FOOT SETBACK OR LESS WITHIN THE SUBURBAN NEIGHBORHOODS. NATION. SOME AGENTS AND COMMENTS THAT WE RECEIVED FOR THIS VARIANCE REQUEST WAS FROM RIVERSIDE COUNTY FIRE DEPARTMENT. THAT WOULD REQUIRE A ONE HOUR, ONE HOUR RATED WALL TO BE INSTALLED, AS THE BUILDING IS WITHIN FIVE FEET OF A PROPERTY LINE, AND THE CITY BUILDING DIVISION PROVIDED CONDITIONS OF APPROVAL THAT IF PLANNING COMMISSION WERE TO APPROVE THE VARIANCE, THE BUILDING DIVISION WOULD REQUIRE A ONE HOUR RATED WALL AS WELL, AND AN APPROVED FIRE RETARDANT FINISH MAY BE APPLIED FOR COMPLIANCE. THE BUILDING DIVISION ALSO REQUESTED AS BUILT PLANS TO BE PREPARED AND STAMPED BY A LICENSED ARCHITECT, AND ANOTHER CONDITION WAS THAT DESTRUCTIVE INSPECTIONS MAY BE REQUIRED TO VERIFY THE AS BUILT CONDITIONS ARE SAFE FOR ENVIRONMENTAL REVIEW. STAFF HAS DETERMINED THAT THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO GUIDELINES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. SEQUEL GUIDELINES. SECTION 15 303. THE PROPOSED PROJECT CONSISTS OF THE LOCATION OF A SMALL PATIO STRUCTURE. AND THEN FOR STAFF RECOMMENDATION, STAFF RECOMMENDS THAT PLANNING COMMISSION DENIES VARIANCE NUMBER 20 505, WITH THE FINDINGS LISTED IN RESOLUTION NUMBER 2020 602, AND THAT CONCLUDES MY PRESENTATION. TAKE ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU. THANK YOU. COMMISSIONERS, DO YOU GUYS HAVE ANY QUESTIONS? I'M SURE THAT. NO, NO I DON'T HAVE QUESTIONS. WISH ARTERIES. NO I DON'T HAVE ANY QUESTIONS. COMMISSIONER RODRIGUEZ. YEAH. SO JUST SO I UNDERSTAND. SO IF WE WERE TO GO WITH STAFF'S RECOMMENDATION TO. DENY THE VARIANCE, THE APPLICANT WOULD NEED TO ADHERE TO TO BE BROUGHT UP TO CODE, CORRECT? OKAY. YES. AND THEN THE APPLICANT IS AVAILABLE IS HERE AND AVAILABLE FOR QUESTIONS IF YOU GUYS HAVE ANY QUESTIONS FOR THE APPLICANT AS WELL. AND THAT'S THE APPLICANT'S RESPONSIBILITY TO TO TO RECTIFY THE CODE ISSUES OKAY. SO IN SIMPLER TERMS I'M SORRY I APOLOGIZE. GOOD. ARE YOU SURE I APOLOGIZE SO AND SO IN SIMPLER TERMS. WHAT DOES THAT MEAN. CAN YOU CAN YOU VERBALIZE WHAT WHAT ARE THE RECOMMENDATIONS BY DENYING. WHAT DOES THAT MEAN. SO IT'S ON [00:10:02] THE RECORD SO THAT THE THAT THE HOMEOWNER SHOULD DO IF IT'S DENIED. IF IT'S DENIED, THEY WOULD NEED TO TAKE THE STRUCTURE DOWN OR REDESIGN IT IN A WAY THAT'S COMPLIANT WITH THE MUNICIPAL CODE STANDARDS. ALL RIGHT. AND THAT'S BEEN COMMUNICATED TO THEM LIKE NEXT STEPS AFTER THE APPROVAL. HOW THIS MEETING. YES OKAY. I'M GOING TO OPEN THE PUBLIC COMMENT AT 611. DO YOU HAVE ANY PUBLIC COMMENTS FROM THE APPLICANT OR ANYONE ONLINE? OH, YOU CAN COME TO THE. MY COMMENT ABOUT LIKE IT'S KIND OF WE NEED TO HAVE YOU ON THE MIC. SORRY. IF THERE'S ANY QUESTIONS THAT YOU GUYS WANT US TO ANSWER. WE'RE MORE THAN HAPPY TO ANSWER THOSE AS WELL TOO. CAN YOU STATE YOUR NAME FOR THE RECORD, PLEASE? EDUARDO. ADDRESS. OKAY. THANK YOU, THANK YOU. IS THERE A REASON WHY THE PERMIT WASN'T SOLICITED IN THE FIRST PLACE? THE CONTRACTOR TOLD US THAT IT WAS IN, SO WE KIND OF GOT IT. I KNOW YOU WENT WITH THAT. YEAH. IS THERE A WAY THAT THE STRUCTURE CAN BE MODIFIED TO BE SMALLER WITHOUT HAVING TO LOSE ENTIRE STRUCTURE ITSELF? NO, THE PROPERTY ITSELF IS VERY SMALL, SO THERE'S NO LEVERAGE ON PUTTING IT LIKE MAYBE TWO FEET A LITTLE BIT FURTHER, BECAUSE IT'S ONLY ABOUT A FOOT AND A COUPLE INCHES THAT IS MISSING. AND THE WAY THAT THE STRUCTURE, WELL, THE BACKYARDS, IT KIND OF PREVENTS US FROM DOING ANY MORE. THERE'S NO MORE ROOM BASICALLY TO TO MOVE IT OR ADJUST. IT. I WAS WONDERING IF, YOU KNOW, YOU EXPLORED ATTACHING IT AND IF THAT MEANT SETBACKS, IF THE ATTACH THE ACTUAL PATIO TO THE HOUSE. LIKE, DO YOU MEAN ATTACHING IT TO THE HOUSE? LIKE JUST. YEAH. SO LIKE IN THE BEGINNING. WELL, IT IS VERY LIKE THE, THE AMOUNT OF SPACE THAT WE HAVE, IT'S IT'S BASICALLY 10FT OR 20FT FROM THE ACTUAL HOUSE TO THE CONCRETE WALL. SO WE THOUGHT ABOUT MAKING IT MORE, A LITTLE BIT MORE OPEN AND THAT THAT'S WHY WE WENT THAT ROUTE. OKAY. THANK YOU. THANK YOU, THANK YOU. THERE ARE NONE ONLINE. OTHER QUESTIONS. YEAH. GO FOR IT. DO YOU WANT TO PUT THE. OH I'LL CLOSE THE PUBLIC COMMENT AT 614. OKAY. SO MY, MY MY BIGGEST ISSUE THAT I HAVE WITH THIS IS, IS THAT IS THAT AS A CITY, I FEEL THAT WE'RE BEING VERY SELECTIVE. THERE ARE MORE STRUCTURES LIKE THIS IN OUR CITY. MY MY FRUSTRATION WITH THIS IS THAT IS THAT FOR WHATEVER REASON, RIGHT. AND AGAIN, I CAN'T PINPOINT WHY WE CONTINUE TO HAVE THESE CHALLENGES AT THE CITY BECAUSE AS HOMEOWNERS, HOMEOWNERS FEEL THAT THEY KNOW THAT THEY HAVE A CERTAIN RIGHT, BECAUSE THEY'RE IN THEIR OWN HOME. AND THEN WE HAVE THESE VARIANCES, RIGHT? IF I WASN'T PART OF THE PLANNING COMMISSION, I WOULD HAVE NO IDEA. NOW, IT DOESN'T ALLEVIATE THE EXCUSE, RIGHT, THAT BECAUSE YOU'RE A HOMEOWNER, YOU CAN DO WHATEVER YOU WANT, BUT ALSO AS A CITY, IT DOESN'T ALLEVIATE THAT. WE CAN PICK AND CHOOSE, RIGHT? I'M NOT SAYING THAT WE'RE PICKING AND CHOOSING. I'M SPEAKING ON MY OWN REGARD, THIS SITUATION. RIGHT. I THINK IT GOES BACK TO THE CHALLENGES THAT WE HAD A COUPLE A YEAR AND A HALF AGO WITH ANOTHER GENTLEMAN AT OUR NEIGHBORHOOD, TERRA DEL SOL, THAT HAD A SON THAT I BELIEVE HAD SOME TYPE OF LEARNING DISABILITY THAT IT WAS THEY BUILT IT DURING COVID BECAUSE THE SON NEEDED SOME TYPE OF RECREATION AND ENGAGEMENT OUTDOORS. IT GOES BACK TO THE STRUCTURES THAT ARE BUILT ILLEGALLY FOR CAR COVERS, EVEN IN MY OWN NEIGHBORHOOD. AND IT GOES BACK TO THE ISSUE THAT I HAVE WITH BUSINESS SIGNAGE THAT I THINK I'VE BEEN VERY, VERY MINDFUL DIRECTOR, THAT AS MUCH AS IS OUR RESPONSIBILITY AS HOMEOWNERS TO KNOW WHAT OUR RIGHTS ARE, I DO FEEL THAT IT'S OUR RESPONSIBILITY TO CONTINUE TO EDUCATE THE CITY, THE, THE, THE COMMUNITY OF WHAT THEIR RIGHTS ARE. RIGHT. AND I JUST FEEL THAT THERE'S MORE THERE'S MORE OF THESE STRUCTURES OUT THERE. [00:15:05] SO I FEEL THAT IF WE'RE WHAT ARE WE SAYING AS A CITY, RIGHT. IF WE'RE ONLY PICKING AND CHOOSING AND MY PERSPECTIVE, RIGHT. I DON'T KNOW WHAT HAPPENED. I DON'T KNOW IF THE CODE ENFORCER LITERALLY, THERE'S A FORCE THAT LIVES DOWN THE STREET FROM MY HOUSE, YOU KNOW, SAW IT AND THEN JUST CHOSE TO DO THIS, OR ARE THEY REALLY DOING THEIR JOBS RIGHT? OR ARE THEY CHOOSING TO DO? AND AGAIN, I'M JUST THINKING OUT LOUD, RIGHT WHERE WE HAVE, YOU KNOW, DIRTY STREETS, WE HAVE DIRTY PARKS, AND WE'RE NOT TAKING CARE OF THOSE THINGS. SO. I THINK, YOU KNOW, WHERE I STAND WITH THIS, I DON'T, I DON'T I'M NOT SAYING THAT IT'S NOT FAIR. AND YOU PROBABLY HAVE TO FOLLOW THE RULES OF WHAT THAT IS. BUT THERE'S THERE'S OTHER THINGS THAT NEED TO HAPPEN AS A CITY SO THAT THE CITY KNOWS AS, AS RESIDENTS WHAT IS A PROPER, WHAT IS NOT PROPER. SO THAT'S JUST MY THOUGHTS. IT IS A NEWER COMMUNITY. SO IS IT ARE YOU GUYS NEW TO COACHELLA OR. NO. NO. OKAY. WE'VE BEEN LIVING HERE IN THE VALLEY JUST BORN. SO YEAH, I THINK ALSO THE FACT THAT, YEAH, LIKE YOU MENTIONED, IT IS A NEW COMMUNITY. THE BACKSTREET IS SORRY. DO YOU HAVE TO HAVE THEM UP HERE? MY APOLOGIES IF YOU CAN GET ON THE MIC. SORRY. SORRY ABOUT THAT. AND THEN I WANT TO REFOCUS OUR CONVERSATION BACK ON TO LAND USE DECISION MAKING AND WHAT WE'RE WE'RE VOTING ON. WE CAN HAVE THESE CONVERSATIONS AFTER WE WE TAKE A VOTE ON THE RECOMMENDATION OR THE ITEM THAT'S ON THE AGENDA. OKAY. YEAH. YEAH. I WAS JUST GOING TO MENTION TOO, WE DON'T HAVE NO BACK NEIGHBORS, SO JUST IT DOESN'T FEEL LIKE WE'RE NOT OBSTRUCTING ANYBODY AT ALL. YOU KNOW, WE HAVE NO BAD NEIGHBORS. IT'S JUST A STREET. AND THE WAY THAT IT WAS, IT WAS PROPERLY, YOU KNOW WHAT? THE GUY SHOULD HAVE TOLD US IN THE FIRST PLACE THAT WE NEEDED A PERMIT. I THINK THAT'S WHERE WE DROPPED THE BALL. BUT THERE'S BIKERS, TREES THAT ARE BLOCKING THE WHOLE PERGOLA. RT YEAH. ALL RIGHT. THANK YOU, THANK YOU. THAT'S ON THE CONTRACTOR'S FAULT. SO THAT'S ON THE CONTRACTOR'S FAULT FOR NOT INVESTIGATING THIS. WELL, TOO. BUT WE TOOK HIS WORD FOR IT AND HE ASKED FOR. WE ASKED THE LADY, AND HE'S LIKE, I ALREADY BUILT A LOT OF THEM HERE IN THE VALLEY, INDIO, LA QUINTA. AND THEY'RE NOT REQUIRING PERMITS, ESPECIALLY BECAUSE IT'S NOT ATTACHED TO THE HOUSE. AND SO WHEN WE STARTED BUILDING IT, WELL, WE WENT WITH IT. YOU KNOW, WE'RE LIKE, WE DON'T HAVE NEIGHBORS ON THE SIDE. ON THE BACK. WE ASKED OUR NEIGHBOR ON THE SIDE, HEY, IS THIS A PROBLEM? IS THIS SOMETHING THAT'S GOING TO BE A PROBLEM IN THE FUTURE? AND HE'S LIKE, NO, YOUR PERGOLA IS NICELY BUILT AND IT DOESN'T INTERFERE WITH MY BACKYARD AND THERE'S NOTHING WRONG WITH IT. THE PERGOLA WAS BUILT FOR. CAN YOU PLEASE COME TO THE SPEAKER, PLEASE? JUST SO WE HAVE THIS ON THE RECORD, MY NAME IS CARLOS VELASQUEZ AND THE PERGOLA WAS BUILT. WE WERE GOING TO RECENTLY BUY ONE FROM COSTCO, BUT IT'S OBVIOUSLY SOMETHING THAT YOU BOLT ON. AND WE WE WENT WITH BUILDING SOMETHING MORE PERMANENT. AND IT'S I IF YOU SEE PICTURES OF THE INSIDE IT'S IT'S WELL BUILT HAS A TV. WE HAVE A GRILLS THERE TO YOU KNOW, HANG OUT WITH THE FAMILY. I DON'T THINK IT'S I MEAN THE FIRES ARE GROWING SO THEY'RE GOING TO END UP, YOU KNOW BLOCKING THAT SIDE. WHAT ELSE. IT'S A HANGOUT AREA FOR THE FAMILY YOU KNOW, TO HANG OUT. AND LIKE I SAID IT'S WELL BUILT. I'VE SEEN OTHER STRUCTURES. I LIVE IN TIERRA DEL SOL AS WELL. IT'S MY PARENTS HOUSE AND I'VE SEEN A LOT OF STRUCTURES THERE. I SEE A HOME THAT LITERALLY ARE LIKE NEXT TO THE WALL, AND I'M SURE THEY DON'T HAVE PERMITS. AND IF THEY DO, LIKE, HOW COME THEY HAVE A PERMIT WHEN IT'S LITERALLY LIKE ATTACHED TO THE WALL? I GET TO, YOU KNOW, DRIVE AROUND AND I SEE A BUNCH OF OTHER STRUCTURES TOO, AND I'M LIKE, AND THEN, MR. OSCAR, I KNOW YOU MENTIONED ABOUT THE PARKS. YOU KNOW, WE WE TEND TO LOOK AT THESE ITEMS, BUT WE DON'T LOOK AT OTHER STUFF. PARKS. THERE'S GRAFFITI. THERE'S IT'S A MASS. THE RESTROOMS ARE A MESS. I TAKE MY KIDS TO SOCCER GAMES AND IT'S BAD. THESE ARE THE THINGS THAT WE SHOULD BE FOCUSING ON. FIXING OUR PARKS FOR OUR KIDS SO THEY CAN HAVE A A PLACE WHERE THEY CAN PLAY. AND IT'S A CLEAN ENVIRONMENT. THIS PERGOLA, IF YOU LOOK AT IT, I MEAN, IF YOU GO, I'LL INVITE YOU. IT'S A NICELY WELL-BUILT PERGOLA, YOU KNOW. THAT'S IT, I GUESS, YOU KNOW. THANK YOU, THANK YOU, THANK YOU. ANYTHING ELSE WE NEED TO KNOW, DIRECTOR? I DO HAVE COMMENTS, SO I GUESS THE FIRST THING IS. SO I'M NOT. THIS IS NOT COMING FROM ANYWHERE. NEGATIVE. IT'S JUST A VARIANCE IS NOT SUPPOSED TO BE FOR SOMETHING THAT WE DROP THE [00:20:06] BALL, YOU KNOW. SO THE VARIANCE IS SUPPOSED TO BE FOR ALLOWING A PROPERTY OWNER TO DEPART FROM SPECIFIC ZONING ORDINANCES AND AND REQUIREMENTS SUCH AS SETBACKS ONLY DUE TO UNIQUE PHYSICAL CIRCUMSTANCES OUTSIDE OF THE HOMEOWNER'S. IT'S OUTSIDE OF YOUR POWER. SO IN THAT INSTANCE, IT IS UPON THE HOMEOWNER'S RESPONSIBILITY TO ALWAYS GO TO THE CITY AND ASK, DOES THIS NEED A PERMIT? NEVER RELY ON ANYBODY ELSE. THOSE PEOPLE ARE JUST TRYING TO MAKE MONEY AND THEY WILL DO ANYTHING TO GET IT DONE. BUT IT'S UPON THE HOMEOWNER'S RESPONSIBILITY TO GET IT DONE, TO GO TO THE CITY ALL THE TIME I HAVE. I DO WORK FOR CITIES. I'VE HEARD HORRIBLE STORIES AND IT'S SAD. BUT AGAIN, IT IS UPON THE HOMEOWNER'S RESPONSIBILITY. THE OTHER THING IS THIS IS NOT A UNIQUE HARDSHIP. YOU KNOW, THIS WAS JUST KIND OF LIKE, OH, WE'RE JUST GOING TO SET IT UP. AND I THINK IT IS REALLY UNFAIR TO THOSE THAT HAVE DONE IT CORRECTLY IN THE PAST, AND THEY'RE GOING TO PASS BY AND BE LIKE, WHY CAN'T THEY GET IT REALLY CLOSE TO THE WALL? AND I CAN'T. SO THAT'S ONE THING. AND ANOTHER THING IS, YOU KNOW, LIKE SETTING PRECEDENT TO THESE TYPE OF LIKE PEOPLE COMING IN FOR VARIANCES FOR LITTLE THINGS LIKE THIS THAT DO NOT REQUIRE VARIANCES. SO, YOU KNOW, IN THAT REGARD I DO AND I MAYBE YOU GUYS DID TELL THEM LIKE MAYBE THIS IS NOT A REAL VARIANCE, YOU KNOW, SO IT DOESN'T APPLY IN THIS CASE. BUT I GUESS YOU GUYS DID EXPLAIN. BUT SOMETIMES THEY DO WANT US TO CONTINUE WITH THE VARIANCE APPLICATION. SO YEAH I, I BELIEVE THIS IS WHY STAFF IS ASKING FOR DENIAL. I WOULD RECOMMEND TO EXPLORE LIKE DIFFERENT AVENUES OF SHRINKING IT OR ATTACHING IT OR SOMETHING. THAT IS ALSO FAIR TO EVERYBODY ELSE IN THEIR NEIGHBORHOOD THAT DID IT CORRECTLY, OR IN COACHELLA, I THINK. I THINK THE OVERHANG IS THE ONE THAT'S ACTUALLY MEASURING TO THOSE TO THOSE MEASUREMENTS, OKAY. IF YOU MEASURE IF YOU GUYS JUST FIGURE IT OUT JUST TO GET THOSE FIVE FEET, YOU'RE GOOD. AND. BUT THERE'S THERE'S NO. HOW CAN I EXPLAIN IT? LIKE IF WE PUT IT CLOSER TO THE HOUSE, IT'S GOING TO BE 10FT TO 5FT. THAT'S WHY YOU SHRINK IT. YOU MAKE IT SMALLER, YOU HAVE TO BRING IT DOWN. PRETTY MUCH. THERE WASN'T ANY, LIKE $14,000. I UNDERSTAND THAT. SO MUCH MONEY FOR SOMETHING THAT, YOU KNOW, I JUST DON'T THINK IT'S FAIR, LIKE YOU GUYS MENTIONED THAT, THAT YOU GUYS ACCEPTED ANOTHER VARIANCE. YOU KNOW, AND IN REGARDS TO CODE ENFORCEMENT LIKE COACHELLA IS, IT'S LIKE OVER 40,000 PEOPLE. I KNOW THAT THERE'S LIMITED STAFF. SO THEY HAVE TO KIND OF LIKE GO AROUND. THEY CANNOT DO EVERYTHING AT ONCE. AND THEN IF THEY GO TO THE PARKS, I REMEMBER THEY WERE TRYING TO FIX THE PARKS AND ALWAYS KEEP THEM CLEAN. BUT IT'S IMPOSSIBLE. ONE PERSON WITH SO MANY RESIDENTS. SO BUT ALSO THE BACKYARD, THE WAY THAT IT IS, WE'RE IN A CORNER, SO THERE'S NO OTHER WAY THAT WE CAN LIKE IF WE ATTACH THE ACTUAL TEMPLE PORCH, IT'S GOING TO BE STICKING OUT OF THE STREET. SO THAT'S WHY WE DECIDED TO GO TO THAT CORNER. I DON'T KNOW IF THAT MAKES SENSE. IF YOU GUYS CAN SEE THAT PICTURE, IT LOOPS AROUND. SO IF WE COULD ACTUALLY ATTACH A PERGOLA LIKE SAY FOR EXAMPLE, LIKE AN ALUMINUM, IT'S GOING TO GO OVER THE TOP. MY APOLOGIES. COUNCIL IS PUBLIC COMMENTS CLOSED OR IS IT OPEN CURRENTLY THEY WERE CLOSED AT 614 OKAY. CLOSED. I ONCE AGAIN COME IN TO TO THE DEVELOPMENT SERVICES AREA. WE CAN WORK WITH YOU GUYS ON HELPING PUT TOGETHER A PLAN THAT WOULD WORK FOR YOUR PROPERTY. IT MAY NOT BE THE SIZE THAT YOU GUYS ARE LOOKING FOR, BUT WE'LL WE WILL WORK WITH YOU GUYS TO GET YOU THE BEST POSSIBLE PATIO THAT IS STILL IN COMPLIANCE WITH OUR DEVELOPMENT STANDARDS. BUT ISN'T THE VARIANCE, LIKE YOU SAID? LIKE IF IT'S NOT, YOU SAID IF IT'S A IF IT'S OBSTRUCTING, I APOLOGIZE. I OPEN THE PUBLIC COMMENT. WELL, THE COMMISSIONER I FORGET. WHO WAS IT COMMISSIONER FONSECA STARTED, I DON'T KNOW WHO ONE OF THE COMMISSIONERS STARTED. AND THEN WE ASKED FOR A RESPONSE FROM THE APPLICANT. SO IT'S OKAY. YEAH. OKAY. I WAS JUST GOING TO MENTION THE VARIANCE IS, YOU KNOW, A BIG IT'S. BUT PLEASE COME UP TO THE MICROPHONE IF YOU WILL BE SPEAKING. I WAS JUST GOING TO [00:25:02] MENTION THAT THE VARIANCE IS, YOU KNOW, FOR EXAMPLE, LIKE WE CAN'T BUILD LIKE THE WAY THAT YOU GUYS MENTIONED IT. THAT'S WHAT WE DO. YOU GUYS HAVE A SITE PLAN OF HOW THE PROPERTY LOOKS LIKE, THE PROPERTY LINES AND, AND THE ACTUAL HOME. IT'S LIKE RIGHT THERE. YEAH. YEAH, IT'S PRETTY SMALL. SO NEXT TO THE EXISTING PATIO THAT OUTLINE WOULD BE A CONCRETE PAD. AND THE MAIN HOME. AND SO I JUST WANT TO REMIND THIS COMMISSION TO THE DECISION THIS ON THE DECISION THAT THIS COMMISSION WILL BE MAKING IS BASED OFF OF WHAT IS IN THIS PACKET AND THE WHAT IS PRESENTED TO THE COMMISSION. SO AND WITH WHAT THE MUNICIPAL CODE STATES. HOWEVER, THE COMMISSION MAY DECIDE TO GO EITHER OR. THERE'S A RECOMMENDATION THAT'S PLACED THERE AND YOU MAY CHOOSE TO VOTE FOR IT OR NOT. SO THAT'S UP TO THE COMMISSION AT THE END OF THE DAY. THANK YOU. AND ALSO, IF THE COMMISSION DOES DECIDE TO APPROVE OR GO WITH THE RECOMMENDATION, THERE IS AN APPEALS PROCESS THAT WOULD GO TO THE CITY COUNCIL, I BELIEVE, UNDER THE MUNICIPAL CODE. SO THERE IS A PROCEDURE FOR THAT. BASED ON THE SITE PLAN. I FEEL LIKE IT IS SQUARED. YOU HAD GOT HAD THE POSSIBILITY OF MAKING IT SMALLER. I'M NOT TRYING TO BE MEAN AT ALL. IT'S JUST I'M TRYING TO BE FAIR TO EVERYBODY ELSE THAT I WORK WITH, THAT I MADE THEM TAKE IT DOWN. I UNDERSTAND IT'S, IT'S IT'S 15 BY 15 THAT IS SMALLER THAN THE TEST THAT YOU GUYS ARE IN. LIKE HOW ARE WE GOING TO HAVE A FAMILY OF FIVE IN A FIVE BY FIVE? OKAY. YEAH. BUT THE DESK IS IS A LOT BIGGER. THAT'S WHAT I WAS GONNA SAY. THANK YOU. YEAH. THANKS. OKAY. CAN I WORKED IN PROPERTY MANAGEMENT AS WELL TOO. AND, YOU KNOW, I CAN GET FIRE DEPARTMENTS TO GO AND APPROVE IT. SHE MENTIONED THAT WE CAN GET A PERMIT FOR THAT. YOU KNOW, WE WE WE DID EVERYTHING. DO YOU MIND GOING UP TO THE MIC AGAIN? SO, SO I THINK AT THIS POINT I THINK THE BEST THING TO DO AND, AND I CAN'T BE OBVIOUSLY MORE TRANSPARENT THAN THIS. RIGHT. RIGHT IS GO BACK AND WORK WITH STAFF, TRY TO FIGURE SOMETHING OUT. RIGHT. AT THE END OF THE DAY, THERE'S OPTIONS, RIGHT? WE CAN WE CAN ALL FEEL PERSONALLY ABOUT THIS TILL WE TURN BLUE. RIGHT. BUT THE REALITY IS, IS THAT YOU NEED TO WORK WITH STAFF. SO AGAIN I WOULD SAY NO LONGER ANSWERING OR NOT COMPLYING IS NOT GOING TO BE IN YOUR BEST INTEREST. I THINK RIGHT NOW MOVING FORWARD IS TO TRY AND I'M JUST THROWING THAT OUT THERE. I'M NOT SAYING THAT YOU HAVEN'T JUST CONTINUE TO HAVE OPEN CONVERSATIONS WITH STAFF REGARDING WHAT WHAT DO YOU SAY STAFF IS TALKING WITH THE DIRECTOR AND WITH AND WITH THE PEOPLE THAT YOU'RE WORKING WITH. I MEAN, STAFF IS THE STAFF THAT YOU'RE WORKING WITH THE CITY, RIGHT. AND THEN AND THEN REALLY UNDERSTAND THAT APPROACH. RIGHT. THAT THAT WOULD BE THE BEST THE BEST DECISION MOVING FORWARD. AND THEN AT THE END OF THE DAY, RIGHT AFTER THERE IS A CONVERSATION WITH STAFF AND YOU'RE STILL NOT IN AGREEMENT WITH THAT RECOMMENDATION, THEN THAT POTENTIALLY COULD COME BACK TO THE COMMISSION. AND IF AND IF THE COMMISSION DOESN'T VOTE AFFIRMATIVELY, THEN IT GOES TO THE TO THE COUNCIL. DOES THAT MAKE SENSE? BECAUSE I THINK I THINK THAT'S THAT'S THAT, YOU KNOW, AND AGAIN IT MAKES SENSE. LIKE LIKE I SAID WE CAN TALK TO THE STAFF. I MEAN WE WERE RECOMMENDED TO DO A VARIANCE. YOU KNOW THAT'S WHY WE'RE HERE. SO WE ARE HERE DOING OUR PART PAYING ALL THIS MONEY. YOU KNOW, IT'S HARD EARNED MONEY THAT WE THAT WE'VE ALREADY PAID TO THE STAFF AND THAT'S WHAT WE'RE THAT WE'RE HERE TO. SO THE RECOMMENDATION. RECOMMENDATION, IF I'M UNDERSTANDING CORRECTLY CHAIRPERSON OR VICE CHAIRPERSON FONSECA IS YOU'RE RECOMMENDING A CONTINUANCE TO A DATE AND TIME UNCERTAIN WHERE THE ITEM WOULD BE BROUGHT BACK BEFORE US AT ANOTHER MEETING. IT WOULD BE NO ADDITIONAL COST. AND THEN WE COULD SORT OUT SOME OF THE ESPECIALLY, ESPECIALLY WITH COMMISSIONER LAURA IS COMMUNICATING. RIGHT, I DON'T KNOW. AND AGAIN, I'M MAKING AN ASSUMPTION THAT THESE RECOMMENDATIONS HAVEN'T BEEN COMMUNICATED. AGAIN, YOU KNOW, THOSE ARE JUST THE THINGS THAT WE CAN DO, BECAUSE AT THE END OF THE DAY, I JUST FEEL THAT THAT WE'RE NOT GOING TO COME TO A RESOLUTION AT THE MOMENT. BUT [00:30:07] AGAIN, WE COULD BUT BUT I'M JUST KIND OF THINKING OUT LOUD, WHAT IS THE NEXT BEST MOVE FOR EVERYBODY INVOLVED? BUT AGAIN, THAT'S JUST A RECOMMENDATION. I'M NOT TELLING YOU TO DO WHAT I'M TELLING YOU. I'M JUST GIVING YOU A PERSPECTIVE. BUT IF IT WAS APPROVED BY THE COMMISSIONERS, THEN, THEN THEY WOULD JUST PROCEED BY US, GIVING US THE NEXT PERMIT. RIGHT. WELL, THAT'S GOING TO BE UP TO THE COMMISSION. AND THAT'S NOT UP TO ME. THAT'S UP TO EVERYBODY IN THIS CASE, I DON'T KNOW. I'M SPEAKING TO EVERYBODY. JUDGES. I JUST THINK THAT, YOU KNOW, YOU GUYS PUT A SECOND THOUGHT TO IT, TOO. I MEAN, MY PARENTS ARE HERE AS WELL TOO. WAS IT RECOMMENDED THAT THEY ACTUALLY FILE FOR A VARIANCE? I THINK OPTIONS WERE DISCUSSED WITH THEM ON WHAT POTENTIAL ROUTES THEY COULD GO DOWN TO. AND I THINK A VARIANCE OPTION WAS EXPLAINED. WAS THIS EXPLAINED THAT THIS WAS NOT IT'S NOT A VARIANCE SCENARIO? I BELIEVE SO, RIGHT. YEAH. I STARTED OFF WITH ANDREW. ADRIAN CAN. SO COMMISSIONER, ALTHOUGH IT MAY NOT BE EXPLICITLY LIKE APPLICABLE WHERE IN ITS VARIANT. OH WELL YOU CAN GO AHEAD. BUT HOWEVER FOR ANY LAND USE DECISIONS WHENEVER EVEN THOUGH SOMETHING'S NOT EXPLICITLY STATED AND SOMETIMES THE MUNICIPAL CODES HAVE THEIR OWN WAYS, THE VARIANCE IS PROBABLY LIKE THE LIKELY SCENARIO. AND THAT'S PROBABLY WHY STAFF WENT THIS WAY. BUT I DIDN'T KNOW ADRIAN WAS HERE. GO AHEAD. YEAH. SO HOW WE HAVE APPROACHED VARIANCES FOR THESE PATIOS BEFORE WE TELL THEM WHAT HAS HAPPENED IN THE PAST, RIGHT. AND IN THE PAST, WE HAVE ALWAYS RECOMMENDED DENIAL FOR THESE VARIANCES IN THE PAST. RIGHT. AND EACH VARIANCE HAS DIFFERENT SCENARIOS. BUT WHAT WE SAY IS WE HAVE DENIED THESE VARIANCES IN THE PAST, BUT JUST THE PAST HISTORY HAS BEEN PLANNING COMMISSION HAS APPROVED THESE VARIANCES. BUT YOU CANNOT. OR WHAT IS IT THAT THE FEES ARE NOT REFUNDABLE AND IT WOULD BE AT YOUR OWN RISK. BUT THAT IS THE HISTORY THAT I DO EXPLAIN. WE HAVE RECOMMENDED THE PLANNING COMMISSION AS STAFF DENIAL, BUT PLANNING COMMISSION HAS IN THE PAST APPROVED THEM AND THEY CAN MAKE THAT DECISION ON THEIR OWN. I JUST LIKE TO I GUESS I'M VERY STRICT WITH THE ORDINANCES. AND YEAH, SO I DON'T LIKE TO SWAY IF THEY SAY THIS IS WHAT IT IS, THIS IS WHAT IT IS. JUST BECAUSE I DON'T WANT TO BE UNFAIR TO OTHER PEOPLE. SO IF THE VARIANCE SAYS THIS IS WHAT IT IS, THAT'S WHAT IT IS. AND THIS IS WHY WE GET INTO THIS ISSUE, BECAUSE SOMETIMES THEN THEY GO, OKAY, APPROVE. AND THEN THE OTHER ONE, OH NO, NO, DON'T APPROVE. AND THEN WE GET INTO THIS TYPE OF SITUATION. SO I THINK THIS IS WHY I'M JUST STRICT ACROSS THE BOARD. I DON'T PICK AND CHOOSE. YEAH OKAY. THANK YOU. I'M ALSO AVAILABLE FOR ANY OTHER QUESTIONS. THANK YOU. THANKS, ADRIAN. IS IT THE MAJORITY OF COMMISSIONERS THAT HAVE TO APPROVE IT? I GUESS IT'S PAST LIKE IN THE PAST BEFORE US. YEAH. JUST LIKE, LET'S PUT THIS IN. THANK YOU. YES. DO. DOES EVERYONE LIVE IN THE CITY? CAN YOU SAY YOUR NAME? AND MY NAME IS ALEXIS VELASQUEZ. MY QUESTION IS. SO, FOR EXAMPLE, THE CITY OF INDIO COULD HAVE A DIFFERENT REGULATION, COULD BE THREE FEET AND IT WOULD BE PERFECT. AND WE'RE JUST TALKING ABOUT A RADIUS OF TEN MILES. YOU GET ME. BUT WE WENT BASED OFF THE STATE RULES, WHICH IS THREE FEET ALL AROUND. BUT WE WEREN'T SURE ABOUT THE CITY OF COACHELLA, SO I GUESS IT WAS FIVE FEET, WHICH IT DOESN'T REACH. YOU KNOW, THE REQUIREMENTS, WHICH IS WHY WE'RE HERE. BUT WHAT I'M TRYING TO TELL YOU IS THAT I THINK IT'S VERY UNFAIR THAT ONE CITY JUST A COUPLE MILES OUT, COULD BE ACCEPTING PERGOLAS THAT ARE JUST TWO FEET FROM THE WALL. I'M NOT SAYING THAT THAT'S THE THAT'S THE REALITY, BUT WE SHOULD JUST BE LIKE UNDER THE STATE LAW AND WE'D BE OKAY WITH THIS BILL BECAUSE AT THE END OF THE DAY, LIKE WE PAID TO THE STATE. YEAH, WE DO LIVE IN THE CITY, BUT I JUST FEEL LIKE WE SHOULD HONOR THE STATE ALSO. DO YOU GUYS HAVE ANY QUESTIONS? ANY QUESTIONS FOR ALEXIS? THANK YOU. COMMISSION. JUST FYI, THE CITIES CAN SET ORDINANCES THAT ARE STRICTER THAN STATE LAW, AND THAT'S THE REASON FOR THE MUNICIPAL CODE. CORRECT. AND SO WHENEVER IF THERE IS SOMETHING IN THE MUNICIPAL CODE THAT IS MAYBE AN ISSUE, THAT'S SOMETHING THAT CAN BE BROUGHT UP WITH THE CITY COUNCIL TO SEE IF THEY, THEY CAN AMEND THE, THE MUNICIPAL CODE FOR THAT. IF IT CREATES SUCH A BIG PROBLEM [00:35:05] AMONGST THE COMMUNITY, THERE'S ALWAYS WAYS TO AMEND THE CODE, BUT IT HAS TO BE THROUGH THE CITY COUNCIL. OKAY. SO THEN THE MUNICIPAL CODE OVERPOWERS THE STATE. IS THAT SO? STATE LAW. SO CITIES AND SO CITIES CAN ALWAYS THEY HAVE TO BE IN COMPLIANCE WITH STATE LAW. RIGHT. BUT THEY CAN HAVE THEY CAN ADOPT STRICTER RULES. AND AS LONG AS IT'S NOT MORE LENIENT I MEAN, YES. SO AS LONG AS IT'S STRICTER IT'S FINE. BUT AS LONG AS IT'S NOT, MORE IS MORE LENIENT THAN NO. AND SO THAT'S THE CASE THAT WE HAVE HERE. THE COMMISSION HERE IS GOING TO DECIDE ON THIS VARIANCE. THEY CAN. AND SO THAT'S WHY WE HAVE COMMISSION AND WE HAVE THE CITY COUNCIL. THE COMMISSION APPROVES THE RECOMMENDATION FROM CITY STAFF. THEN THE NEXT PROCESS WOULD BE TO YOU CAN EITHER WORK WITH STAFF IF THEY CONTINUE IT, YOU CAN WORK WITH STAFF TO SEE WHAT YOU CAN WORK OUT. IF THEY DO NOT CONTINUE AND THEY APPROVE THE RECOMMENDATION, THEN YOUR NEXT COURSE OF ACTION. IF YOU DON'T WANT TO COMPLY WITH IT BECAUSE FOR WHATEVER REASON, THEN YOU APPEAL TO THE CITY COUNCIL AND SEE WHAT THE CITY COUNCIL SAYS THERE. GOT IT? YEAH. SOUNDS GOOD. I VOTED FOR ALL OF YOU GUYS. WELL THANK YOU, THANK YOU. THROWING IT OUT THERE. I'VE BEEN WORKING CLOSELY WITH THE CITY TOO, SO THEY ALREADY KNOW ME. I KNOW YOU KNOW VANESSA HERE, WE'VE BEEN IN CONTACT. SO WHATEVER YOU GUYS DECIDE, HOPEFULLY WE CAN FIGURE IT OUT. THANK YOU. THANK YOU ALEXIS. THANK YOU. SO MY MY TAKE IS I'M GONNA DO DENIAL WITH THE RECOMMENDATION OF WORKING WITH STAFF TO MAKE IT TO CITY STANDARDS, JUST BECAUSE OF EVERYBODY ELSE THAT HAS DONE IT IN THE PAST. I THINK IT'S, FOR ME, JUST FAIR AND JUST. SO DOES ANYONE WANT TO SUBMIT A MOTION THEN IF WOULD YOU LIKE TO DO THAT, COMMISSIONER? THAT'S MY MOTION. COMMISSIONER. LAURA, JUST TO CLARIFY, WHEN WHEN YOU'RE SAYING YOU'RE RECOMMENDING DENIAL AND ASKING THEM TO WORK WITH CITY STAFF, ARE YOU ASKING THEM TO WORK WITH CITY STAFF TO GET INTO COMPLIANCE WITH THE DEVELOPMENT STANDARDS, OR ARE YOU ASKING THEM TO WORK WITH CITY STAFF TO THEN COME BACK BEFORE YOU GUYS AS A PART OF THE VARIANCE? I THINK IT'S JUST TO MAKE IT TO CITY STANDARDS. OKAY. SO THAT WOULD BE YOU WOULD BE RECOMMENDING THAT THE PLANNING COMMISSION DENY VARIANCE NUMBER 2505 WITH THE FINDINGS, WITH THE FINDINGS LISTED SINCE STAFF IS RECOMMENDING DENIAL OF THE VARIANCE APPLICATION OKAY. OKAY. YEAH. SO THAT ALLOWS THEM TO COME BACK TO STAFF AND WORK SOMETHING OUT. YES. IF YOU GUYS RECOMMEND DENIAL FOR THE VARIANCE THEY WOULD BE THEY WOULD BE REQUIRED TO COME BACK TO WORK WITH STAFF TO GET TO COMPLIANCE WITH EXISTING DEVELOPMENT STANDARDS, WITH EXTRA COSTS JUST FOR THE JUST FOR THE COST OF THE BUILDING PERMIT. OKAY. WHAT ABOUT THE COST OF FIXING IT? THAT'S ON US. WE CAN TALK AFTER ABOUT ABOUT THE NEXT STEPS. SO FROM JUST SORRY THAT I IF I CAN. YEAH. SO JUST SO THAT I UNDERSTAND APPROVING STAFF'S RECOMMENDATION WOULD DENY THE VARIANCE. THAT MEANS THAT THE WAY THAT THAT STRUCTURE IS, THE WAY THAT THAT STRUCTURE IS BUILT IS NO LONGER IT'S NOT IN CONFORM. IT'S NON-CONFORMING WITH THE ZONING CODE, WITH THE MUNICIPAL CODE. SO IT'S GOING TO HAVE TO CHANGE. THEY'RE GOING TO HAVE TO EITHER TEAR IT DOWN OR REBUILD IT, OR THAT'S WHAT WORKING WITH STAFF IS, IS AM I UNDERSTANDING THAT CORRECTLY. AND SO THAT'S WHAT YOUR APPROVAL WOULD BE. IF YOU WANT TO CONTINUE THIS ITEM, THEN YOU HAVE TO STATE THAT LET'S CONTINUE IT AND WORK WITH STAFF TO SEE IF THERE'S A SOLUTION. I MEAN, THE CODE IS PRETTY CLEAR. SO I MEAN, JUST LIKE COMMISSIONER LATTA SAID, THE CODE IS THE CODE. NOT SURE IF THERE'S ANY WIGGLE ROOM THERE, BUT I MEAN, THAT'S UP TO THE COMMISSION. THE COMMISSION CAN CHOOSE TO CONTINUE THIS ITEM AND SEE IF THEY CAN WORK WITH STAFF AND SEE WHAT WHAT HAPPENS WHEN WE COME BACK TO THIS ITEM LATER ON IN ANOTHER MEETING, OR APPROVE THE RECOMMENDATION, DENY THE VARIANCE. THEY'RE GOING TO HAVE TO COMPLY WITH IT WITH WHAT THE CODE IS, AS IS, OR THE APPLICANT CAN APPEAL TO THE CITY COUNCIL. THOSE ARE THE TWO OPTIONS THAT I SEE. CHAIR, I JUST HAVE A QUESTION. SO IF WE WERE TO DO A DIFFERENT RECOMMENDATION THAN COMMISSIONER LATTA IS IS RECOMMENDING FOR THE APPLICANTS TO WORK, TO WORK WITH STAFF, WE COULD ESSENTIALLY BE IN THE SAME SITUATION IN A FEW WEEKS OR A MONTH OF LIKE, WELL, NOTHING. YOU KNOW, NOTHING CHANGED BECAUSE THE CODE IS THE CODE. AND, YOU KNOW, LIKE YOU SAID, THERE'S NO WIGGLE ROOM. SO WE RUN THAT RISK OF LIKE ESSENTIALLY WASTING TIME IF IF WE DON'T DECIDE TO GO WITH THE STAFF RECOMMENDATION. AM I UNDERSTANDING THAT CORRECTLY? YEAH, IT'S PRETTY MUCH AT THE END OF THE DAY, BOTH LEAD TO THE SAME THING. YES. AND OR THIS COMMISSION CAN ALSO CHOOSE TO NOT GO WITH STAFF'S RECOMMENDATION AND APPROVE THE VARIANCE AND THEN LEAVE IT AS [00:40:03] IS. BUT THIS IS ALSO THIS IS UP TO THE COMMISSION AT THE END OF THE DAY. THE COMMISSION HAS MENTIONED MANY REASONS FOR NOT DOING THAT. AND YEAH, IT'S UP TO THE COMMISSION. SO YOU GUYS HAVE A DECISION TO MAKE. AND THOSE ARE THE OPTIONS AS PART OF THE CONTINUANCE. IF YOU GUYS WANTED TO RECOMMEND THAT, WE MAY BE WE COULD WORK WITH THEM TO SEE IF MAYBE WE COULD GET SOMETHING THAT'S A LITTLE BIT CLOSER TO STILL BEING OUT OF COMPLIANCE WITH THE STANDARD. SO MAYBE INSTEAD OF IT BEING, YOU KNOW, THREE FEET, SEVEN INCHES, IT COULD BE FOUR FEET INSTEAD. SO IT'S A LITTLE BIT CLOSER TO THAT FIVE, BUT IT WOULD STILL BE OUT OF COMPLIANCE WITH OUR DEVELOPMENT STANDARDS. SO THAT WOULD KIND OF BE THE DIFFERENCE OR THE BEST WAY. I THINK I COULD DESCRIBE THE DIFFERENCE BETWEEN BETWEEN THE TWO. AND THE OH, SORRY, SORRY, GO AHEAD. BUT THE GOAL IS TO GET EVERYONE IN COMPLIANCE, CORRECT? OKAY. SO EVEN IF IT STAYS OUT OF COMPLIANCE IN THE FOUR FEET, WHAT WOULD PROCEED AFTER THAT? DO THEY HAVE TO GET A PERMIT AND A VARIANCE FOR FOR THAT FOOT? IF WE ISSUED OR IF WE ISSUED A CONTINUANCE FOR THE ITEM, WE WOULD JUST BRING IT BACK BEFORE YOU AGAIN. AND THEN WE WOULD. YES. AS MISS, AS COMMISSIONER HAD SAID, WE WOULD BE IN A SIMILAR POSITION WHERE YOU WOULD BE CHOOSING TO VOTE ON SOMETHING THAT'S STILL OUT OF COMPLIANCE, BUT MAYBE CLOSER TO THAT GOAL OF THE DEVELOPMENT STANDARDS. COOL. HOPE YOU GUYS ARE READY TO MOTION THEN I'M OPEN TO. I THINK THERE'S A MOTION THAT WAS ALREADY MADE BY COMMISSIONER LAURA. DON'T REPEAT YOUR MOTION. DO I HAVE TO REPEAT THE MOTION? I BELIEVE THE MOTION WAS TO GO WITH STAFF RECOMMENDATION THAT THE PLANNING COMMISSION DENY VARIANCE. 2505 WITH THE FINDINGS LISTED IN RESOLUTION NUMBER 2020 602. OKAY. IS THERE A SECOND? I'LL SECOND THAT. OKAY. COMMISSIONER TORRES. YES, COMMISSIONER. LAURA. YES, COMMISSIONER. DORKA. YES. VICE CHAIRPERSON FONSECA I ABSTAIN AND CHAIRPERSON MURILLO, I ABSTAIN. OKAY. THANK YOU, THANK YOU. OKAY. ALL RIGHT. SO. MOVING ON TO INFORMATIONAL. IF YOU GUYS HAVE NOT REACHED OUT [Informational] TO ME ALREADY, I KNOW I'M BEING ANNOYING. I'M SORRY, BUT IF YOU GUYS HAVE NOT REACHED OUT TO ME ALREADY ABOUT THE PLANNING COMMISSIONERS ACADEMY, PLEASE LET ME KNOW IF YOU WILL BE IN ATTENDANCE OR NOT SO I CAN GET THAT SQUARED AWAY FROM YOU FOR YOU. OTHER THAN THAT, I BELIEVE THAT'S MY ONLY UPDATE. THANK YOU. THANK * This transcript was compiled from uncorrected Closed Captioning.