2026-09-23 - Hearing Officer

00:00Okay, sounds like we're good.

00:08>> Good morning and I apologize for the

00:10delay, but welcome to the development

00:13services department hearing for

00:14Wednesday, September 23rd, 2026.

00:18My name is Jeffrey Samansky and I am the

00:20hearing officer with Development

00:21Services Department. Joining us today is

00:24Deputy City Attorney Noah Braasier and

00:27Ian Hecox who represents development

00:29services development project management

00:32division. Also hearing officer Patricia

00:35Bautista is joining us today and she

00:37will be hearing item number two and I

00:40will be hearing items number one and

00:42three from today's agenda. Mr. Heox, can

00:46you uh please provide us with a

00:48procedural announcement?

00:50>> Good morning. Until further notice,

00:53hearing officer meetings will be

00:54conducted pursuant to the provisions of

00:56California Government Code section

00:5854953A

01:00as amended by Assembly Bill 2249,

01:03which allows the public to participate

01:05in person as well as a hybrid format.

01:07The hearing officer meeting will be

01:09participating in person and the meeting

01:11will be open for in-person testimony.

01:14If you are in person, please make sure

01:15you complete a speaker slip if you wish

01:17to speak. In-person testimony will be

01:20concluded before virtual testimony

01:22begins.

01:23Those participating virtually may not

01:25see time to others participating in

01:28person or virtually. In lie of in-person

01:31attendance, members of the public may

01:33participate and provide comment via

01:35telephone, zoom using the hearing

01:37officer web form or US mill of written

01:40materials to the hearing officer as

01:42noted on the web page.

01:44The public may view the hearing officer

01:46meeting at the scheduled date and time

01:48on the city of San Diego's YouTube

01:50website, City of San Diego public

01:52hearings.

01:54Members of the public can offer public

01:56comment on non-aggenda or an agenda item

01:58by joining the webinar by using a

02:00desktop computer, tablet, laptop or

02:03smartphone by accessing the link which

02:05is listed online in the preamble

02:07language of the agenda on the hearing

02:09officer web page or by calling

02:121669-254-5252

02:15with webinar ID number 161191-4200.

02:22This information is also on the agenda

02:24and will appear on the screen during the

02:25public comment period for each item.

02:28Please note that if you are watching

02:30online, there may be a 30- secondond

02:31delay. Please participate via audio on

02:34your phone and mute your TV or computer

02:36when it is your turn to speak. When the

02:39hearing officer introduces the item you

02:40would like to comment on, raise your

02:42hand by either tapping the raise your

02:43hand button on your computer, tablet, or

02:46smartphone, or by dialing star 9 on your

02:48phone. You will be taken in the order in

02:51which you raise your hand. You may only

02:54speak once on a particular item. When

02:56the hearing officer indicates it is your

02:58turn to speak, please click the unmute

03:00prompt that will appear on your

03:02computer, tablet, or smartphone, or dial

03:04star 6 on your phone. Thank you.

03:07>> Thank you, Mr. Heox.

03:10>> This morning, we'll be considering

03:11applications.

03:18This morning, we'll be hearing

03:20applications for development permits

03:22that the San Diego Municipal Code

03:24identifies for resolution by hearing

03:26officer in accordance with decision

03:28process 3 as referenced in section

03:31112.051

03:34of the land development code. Decisions

03:37made on projects today may be appealed

03:39to the planning commission. The appeals

03:41must be filed by the close of business

03:43within 10 days of today's date. That

03:47means that an appeal must be filed by

03:49the close of business on Wednesday,

03:51October 7th, 2026. The appeal must be

03:54filed on the proper forms located on uh

03:57the development services website.

03:59[clears throat]

04:00Additionally, the certification of the

04:02environmental documents may be appealed

04:04to the city council. The appeal must

04:06also be filed within 10 business days of

04:09today's date. The appeal must be filed

04:11on the proper forms located on the city

04:14clerk's website. All approvals will

04:16become effective 10 business days from

04:19today's date as long as no appeals are

04:22filed. However, no building permits may

04:25be obtained until the permits and

04:27resolutions are signed, notorized, and

04:29returned to uh to development services

04:32department for recordation uh within the

04:35county recorder.

04:37Prior to today's hearings, I've reviewed

04:39staff's report, environmental documents,

04:42draft findings, and conditions, as well

04:45as any written correspondence.

04:48I'm familiar with each site on today's

04:50agenda.

04:53For those joining us remotely, please

04:55mute your mics until you are called upon

04:58to speak. For those in attendance,

05:01please fill out a speaker slip if you'd

05:04like to speak on an item today.

05:07Public comment is if there is anyone who

05:10would like to speak on an issue within

05:12the jurisdiction of the hearing officer

05:14that is not related to one of the

05:16projects on today, uh please raise your

05:19hand or notify us.

05:24Uh see seeing no one in line and no one

05:27here in person, uh we'll move on to any

05:30items that uh are requesting a

05:33continuence or with or a withdrawal.

05:41Hello. Good morning, hearing officer.

05:43Uh, I'm requesting a continuous of item

05:46number two, uh, PRJ number 1150122,

05:51address 11095

05:54Caramel Mountain Road and the continuous

05:57to the date for it is October 7th, 2026.

06:02Okay, thank you. And what is the reason

06:04for this continuence?

06:06>> Uh we have the engineer and the

06:08applicant. Uh so I refer this question

06:10to the engineer Anoir.

06:12>> Okay. Thank you.

06:13>> Thank you.

06:15>> Good morning hearing officer. Good

06:16morning city staff. Uh my name is

06:18Anarbraim. I am the engineering

06:20reviewers for this project. uh we would

06:24like to have a further discussion about

06:26the conditions with the applicant team

06:29and then we will discuss we will

06:32determine whether uh it's going to be

06:34required or not.

06:36>> Okay. Thank you so much. So I'm hearing

06:38that there that this item will be

06:41continued to a date of October 7th and

06:43that is a date certain. Is that correct?

06:47>> Yes. Okay. And will this need to be

06:49renoticed?

06:51>> No. Okay, thank you. And is there anyone

06:55um either on Zoom or in person who would

06:57like to speak on this continuence?

07:02>> Okay, hearing none and seeing none, we

07:04are in support of continuing this item

07:06to October 7th. Thank you.

07:07>> Thank you. Thank you.

07:12>> Okay, at this point we can move on to

07:14the consent agenda. These are projects

07:17with no speakers in opposition and no

07:19questions from the hearing officer.

07:22Uh there is one item today that I'd like

07:24to place on the consent agenda. That's

07:26item number one. Unless there's anyone

07:29in the public that is speaking out

07:31online.

07:36>> I did receive one speaker slip in favor

07:39of today's project and that's Robert

07:41Toro. Uh Mr. Toro, I'll be placing this

07:44on the consent agenda. Do you have

07:46anything to say at this point?

07:49Okay. Thank you. We appreciate that.

07:52So, I'm placing item number one, which

07:54is the LA Fitness uh project 4665

07:59Clare Mount Drive,

08:01PRJ number 114684.

08:06It's a conditional use permit number

08:083370729.

08:12And I will be approving this project

08:13today on consent.

08:15>> [clears throat]

08:15>> The project was determined to be

08:17categorically exempt from the California

08:20Environmental Quality Act pursuant to

08:22SQA section guidelines 15301 which is

08:25existing facilities. The environmental

08:28exemption determination was made on July

08:3016th, 2026 and the opportunity to appeal

08:34this determination ended on July 30th,

08:372026.

08:39No appeals were filed within the time

08:41provided by uh the San Die San Diego

08:43Municipal Code. Based on the evidence

08:46and testimony, I can make the findings

08:48necessary to approve conditional use

08:50permit number 11,

08:54I'm sorry, 3370729,

08:58which is subject to the conditions

09:00contained in the staff report. This

09:02decision is final unless appealed to the

09:05planning commission.

09:08So with that, I will uh close uh the

09:10consent agenda and move on to projects

09:13to be heard. Um the remaining project to

09:16be heard is is item number three. So

09:20Mr. Delvier, if you can please provide a

09:23staff report.

09:59Phone in testimony is now open. Please

10:02review the instructions provided on the

10:04screen.

10:17Good morning hearing officer Samansky

10:19Javier Delvay project manager with

10:21development services and the project

10:23before you is the 1334 South 36th Street

10:27project.

10:31The.3

10:33035 acre site is located at 1334 South

10:3636 Street in the R1 and the RM11

10:40multiple residential zone within the

10:42southeastern San Diego community plan

10:45area. The community plan designates the

10:47site for lowmedium residential uses

10:50which allows 10 to 14 dwelling units per

10:52acre.

10:57The project site is vacant and

10:59surrounded by residential development in

11:01an urbanized neighborhood. During the

11:04review process, staff confirmed that the

11:05project site meets the legal lot status

11:08per the subdivision map act. The project

11:11the project site does not contain

11:12sensitive biological resources.

11:17Per the San Diego Municipal Code, a

11:19process 3 variance is required for

11:21development that would not comply with

11:23the applicable development regulations.

11:26The purpose of a variance is to provide

11:28relief for cases in which because of

11:30spee circumstances applicable to the

11:33property, the strict application of the

11:35development regulations would deprive

11:37the property of privileges enjoyed by

11:39other property in the vicinity and under

11:42the same zone.

11:44The decision to approve, conditionally

11:46approve, or deny a variant shall be made

11:48by the hearing officer and is appealable

11:50to the planning commission.

11:54The project proposes a two-story 700 ft

11:58single dwelling unit. The project

12:01requests a variance from the municipal

12:03code to allow a 4ft rear setback in the

12:07RM11 zone, which requires a 15t rear

12:11setback.

12:12staff determined that there are special

12:14circumstances for which the variance is

12:16sought that is unique to the premises.

12:19The project site is constrained by its

12:21lot size which measures about 1,532

12:24ft which is below the 6,000 ft minimum

12:27lot size requirement

12:30in the zone. Another site limitation

12:33includes a 15t public sewer easement

12:35along the south side of the property.

12:38the requested variance to reduce the

12:40required rear setback to four feet as

12:42necessary to accommodate a functional

12:45residential development on the property.

12:48Without the requested variance, the

12:50buildable area would be insufficient to

12:52support a reasonably sized dwelling unit

12:54consistent with the zone.

12:58Apart from the rear setback requirement,

13:01the project complies with the zone

13:03regulations for building height, front

13:05and side setbacks, density, and floor

13:08area ratio. Granting the variance will

13:10not adversely impact the community plan

13:12as it allows residential development on

13:14a legally existing lot while maintaining

13:17the intended residential use and

13:19character of the surrounding

13:20neighborhood.

13:22The project is also consistent with the

13:24community plan policy of achieving a

13:26diverse mix of housing types and forms

13:29by providing a contemporary

13:30architectural style with clean lines and

13:33a balanced arrangement of windows and

13:35exterior exterior elements. Bulan skill

13:39is minimized through articulated

13:40building massing, varied roof lines, and

13:43proportional facade elements that

13:45maintain compatibility with the

13:47surrounding neighborhood. The project is

13:49also consistent with the community plan

13:51policy of supporting rental and

13:52ownership opportunities in all types of

13:55housing.

13:58The project is also required to comply

14:01with the regulations of the land

14:03development code, including those

14:05adopted to protect the public health,

14:07safety, and welfare. Project

14:09requirements include addressing storm

14:10water and runoff, landscaping and

14:12maintenance, private water and sewer

14:15facilities, and dedicating additional

14:17public right away.

14:21The project was determined to be exempt

14:23from the California Environmental

14:25Quality Act per section 153 033 which

14:29addresses new construction or conversion

14:32of small structures as well as as well

14:35as section 15332

14:38which addresses infill development

14:40projects.

14:42The environmental determination for the

14:44project was made on June 1st, 2026 and

14:47the opportunity to appeal this

14:48determination ended June 15, 2026. There

14:52were no appeals to the environmental

14:54determination and again for the record,

14:56it's both sections

15:021530

15:04which addresses new construction or

15:05conversion of small structures as well

15:07as section 1532. 15332 which addresses

15:12infill development projects and the NOR

15:15is attached to the staff report for the

15:17record.

15:21On June 9th, 2025, the Southeastern San

15:24Diego Community Planning Group voted 900

15:27to approve the project without

15:28conditions.

15:31In conclusion, staff has reviewed the

15:33proposal and all the issues identified

15:36through the review process and has

15:37determined that all project issues have

15:39been addressed. The project conforms

15:41with the community plan and the adopted

15:44city council policies and regulations of

15:45the land development code. Therefore,

15:48draft findings and conditions to support

15:50project approval are presented to the

15:51hearing officer for consideration.

15:54Staff recommends approval of this item.

15:57This concludes staff's presentation and

15:59staff and the applicant are available

16:00for any questions.

16:03>> Okay. Thank you, Mr. Dvay. Uh I'd like

16:05to open up the uh the hearing for public

16:08comment at this point. Um I have one

16:13speaker slip in favor of the project. Um

16:16that's Omar Beltran.

16:19I don't have any speaker slips uh

16:24against speaking against the project. Is

16:26is there anyone online? Okay, there's no

16:28one online. Uh Mr. Beltran, do you would

16:32you like to speak on this item?

16:35>> Yes,

16:36>> you will have three minutes.

16:38>> Okay,

16:41speak come.

16:48All right, sounds good. So, yeah, my

16:49name is Omar Beltran. So, I'm just here

16:51to answer any questions on behalf of the

16:53owner. Um, yeah. So, um, I'd like to,

16:56you know, for you guys to consider this

16:58approval of the variance and that's, you

17:00know, basically it. Um, I appreciate it.

17:02>> Okay. Thank you for that.

17:08>> Okay. With that, I I can close uh the

17:11public comment.

17:13And I did have a couple questions for I

17:16do have a couple questions for staff. I

17:19do recognize the correction you made on

17:21the uh on the exemptions, the reference

17:24the the appropriate um exemptions. Um I

17:28did notice on the first page of your

17:30hearing report, you only reference one

17:32of those. So can that report be modified

17:36to include both citations?

17:39>> Yes, we can modify the report.

17:41>> Okay. Thank you. And I did I do

17:43acknowledge that the NORA did include uh

17:46both the appropriate exemptions that

17:48that were implemented today. So um

17:52that's fine. Um I I have another

17:54question for staff. Um

17:58given that the that there is a setback

18:01uh deduction, can staff confirm that the

18:04project meets the pro uh prescribed

18:06density of the community plan uh land

18:09use designation? Hearing

18:13officer, uh, we'll have a member of our

18:15planning team respond to that question.

18:17>> Good morning, hearing officer. This is

18:19Aiden with DST Planning. Yes. Uh, to

18:21answer your question, that is yes. The

18:23RM1 base zone prescribes a density of

18:26one dwelling unit per 3,000 square ft.

18:28the proposed development is consistent

18:30with the bay zone and that it proposes

18:33only one dwelling unit um and it has

18:36been appropriately scaled to the size

18:38and constraints of that um existing

18:40vacant lot. Therefore, the proposed 700

18:44ft² dwelling unit is consistent with the

18:47also with the scale of the residential

18:48development and can be that can be

18:51reasonably accommodated in that lot.

18:53Thank you.

18:54>> Okay, thank you for that response.

18:59So the project would build a 700 square

19:01foot res uh residence on a small

19:04substandard lot, a building lot which is

19:07legal. Uh they need a four uh foot rear

19:11setback where 15 is required. The

19:13substandard lot based on the findings

19:17and the report is unique to the property

19:20and and it's not of the applicant's

19:22making.

19:24Uh the small 700 ft square house is on a

19:28lot that is in is a reasonable use um of

19:32the property in a residential area and I

19:35can approve this project.

19:38The project was determined to be

19:40categorically exempt from uh the

19:42California Environmental Quality Act

19:44pursuant to SQL guidelines sections

19:4715303 new construction or conversion of

19:50small structures and 15332

19:53which is the infill exemption. The

19:55environmental exemption determination

19:57was made on June 1st, 2026 and the

20:01opportunity to appeal this determination

20:03ended on June 15, 2026. and no no

20:07appeals were filed.

20:09Based on the uh based on the evidence

20:11and testimony, I can make all the

20:13findings necessary to approve variance

20:16number three uh 3265

20:19817

20:21which is subject uh to the conditions

20:23contained in the staff report along with

20:26the modification that um is going to be

20:29required. So therefore, this decision is

20:32final unless appealed to planning

20:34commission.

20:35And that actually concludes today's uh

20:39hearing. And thank you all for coming

20:40out. I appreciate it. Thank you.

20:49Thanks.