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EC 9.724(2)(a) that public services are available, reverse the Hearings Official's decision on this issue, and deny approval of the application. (All of the issues discussed above regarding the availability of wastewater services to the development were raised in my Testimony submitted on June 28, 2016, pp 4-5; my Response Testimony dated July 15, 2016, pp.1 -2, and my Post Hearing Submittal submitted on July 8, 2016). Issue 2: The 1995 CUP restricts the applicant's ability to develop the site and to access roads and utilities on other parts of the cemetery. Therefore, the applicant cannot make the requisite commitment under EC 9.724(2)(a)(2) to provide private facilities and services. The commitment under EC 9.724(2)(a)(2) is an approval criterion and evidence of the applicant's ability to make the commitment must be available before an approval can be granted. Accordingly, the Commission should hold that the Hearings Official erred in granting an approval conditioned upon the applicant obtaining a new CUP in the future, should reverse his decision, and deny the application. EC 9.724(2)(a)(2) provides that if public services and facilities are not available, an affirmative finding may be made by the Hearings Official if there is evidence of a commitment by the applicant to provide private services and facilities. The commitment to provide private services and facilities is an approval criterion in the event that public services and facilities are not available. The evidence of such a commitment needs to be presented to the Hearings Official in order for him to make an affirmative finding. The evidence of a commitment therefore must be presented before not after he makes his decision. Under the 1995 CUP and the 1998 Conditional Use Agreement the applicant cannot commit to any housing development on the proposed site. He cannot commit to providing wastewater and stormwater services, water and electricity or even a street on the site. Accordingly, the applicant cannot provide evidence of the commitment required under EC 9.724(2)(a)(2) to provide private services and facilities on the site. In addition, since the 1995 CUP and 1998 Agreement also prohibit uses on the site from accessing utilities and roads on other parts of the cemetery, the applicant cannot provide evidence of a commitment under EC 9.724(2)(x)(2) to provide private services and facilities that need to use those areas. A comparison of the 1995 CUP final site plans and the CIR final site plan shows that the proposed development will use other parts of the cemetery in order to provide services and facilities. The site plans show that the proposed street and utility lines are situated on other parts of the cemetery. If wastewater service were available at 40' Ave. and Willamette St., the wastewater lines would also be situated on other parts of the cemetery. In addition, the 1995 CUP site plans show that the site has no direct access to Willamette Street. - the private street must cross other parts of the cemetery to reach Willamette. Given the restrictions of the 1995 CUP prohibiting uses on the site from accessing roads and utilities on other parts 6