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Planning Commission -




JANUARY 18, 2005


The Special Meeting of the Planning Commission and Design Review Board of the City of Highland was called to order at 6:06 p.m. by Chairman Haller of the Planning Commission and Chairman Hamerly of the Design Review Board at the Donahue Council Chambers, 27215 Base Line, Highland, California.

Commission Members Present: Commissioners Randy Becker, Gina Birnbaum, R. Paul Scott, Vice Chairman Randall Hamerly and Chairman Richard Haller

Board Members Present: John Gamboa, Vice Chairwoman Gina Birnbaum and Chairman Randall Hamerly

Commission/Board Members

Absent: None

Staff Present: Rick C. Hartmann, Community Development Director

Larry Mainez, City Planner

Linda McKeough, Administrative Secretary

The Pledge of Allegiance was led by Commission Chairman Haller.


There was none.


3.1 General Plan Update items for discussion and direction -

  • Potential change to the General Plan Land Use Designation of a property located near the southeast corner of Ninth Street and McKinley Street from Low Density Residential (LD) to Neighborhood Commercial (NC) or General Commercial (GC) (APN:1192-081-11), and;

2. Potential change to the General Plan Land Use Designation of the properties located at the four corners of the intersection of Ninth Street and McKinley Street from the current Designation of Neighborhood Commercial (NC) to a General Commercial (GC) Designation.

Commission Chairman Haller introduced the item and called for Staff's presentation.

City Planner Mainez gave the presentation from the Staff Report. He explained what transpired at the December 28, 2004, Joint Special Meeting, the Applicant's request to change the Land Use Designations, how the current use is non-conforming and further explained Neighborhood Commercial (NC) and General Commercial (GC) Land Use Designation examples to the Commission / Board. City Planner Mainez stated the corner properties would change from NC to GC which the GC is a more intense commercial use. He displayed a Site Map Exhibit and stated that both Lot Nos. 10 and 11 would be changed from the Low Density Residential (LD) Designation Use to a Commercial use. City Planner Mainez explained the Applicant is in the audience and concluded his presentation and opened to the Commission / Board for questions / comments.

Commission Chairman Haller asked if the Commission had questions of Staff.

Discussion ensued between the Commission, Board and Staff regarding Lot 9 is currently designated as LD Land Use Designation and the single story house is currently occupied, how the current existing business has not planned for any improvements, there is a Tire Shop located across the street which is non-conforming and the Market located there is by right-of-zone. The Market is not striped (for parking), based on the Site's footprint, three of the four corners are grandfathered. Staff explained the Tire Shop would have issues with landscaping, parking, etc. and also explained the other three corners.

A question was asked if the Auto Body Paint business would have sufficient space on Lot No. 10. Staff responded with the GC Land Use, the Applicant would have to make on-site improvements and that it "would be tight", but the Project Site could be designed to meet current Zoning Standards. The Applicant could also divide the structure into suites and provide for commercial uses.

Another question was asked if the NC Land Use Designation was maintained on Lot Nos. 10 and 11, and the Applicant did not reverse the Land Use, would the office use be non-conforming in that the area is 150 feet by 165 feet. Staff responded with the NC property has to be a minimum of 10,000 square feet if a stand alone use. The Applicant would be able to develop if he would merge the two (2) Lots, which would mean Lot No. 11.

There being no further questions of Staff, Commission Chairman Haller asked if anyone in the audience would like to speak on the Item.

Mr. William Beddingfield Jr., Universal Autobody B & H Performance Boats, 26005 Ninth Street, San Bernardino, (within Highland City limits), California, who is the Applicant, addressed the Commission / Board. He stated he has had the Auto Body Shop and Boat business for a number of years, he had bought properties on both side of the Body Shop because of fumes, with the homes there and if there is a problem, he would have to rent them out, and would be unable to sell the homes because it would be a grievance to the potential new property owners. Mr. Beddingfield explained he conducts selling and assembling items there. He had asked if he would be able to build apartments on the property and was told no by the City. Mr. Beddingfield further explained he works twenty (20) hours / day, as well as having a business in Havasu, also built in Moreno Valley, and now in Reche Canyon. He stated he is getting older and is tired and wants to consolidate his business at one location and does not want to let them go. Mr. Beddingfield stated the business was founded on Base Line in 1989 and moved to the existing location five to six (5 - 6) years ago and asked about the Highland / San Bernardino addressing system. Staff responded that is an issue with the Post Office.

Commission Chairman Haller asked if anyone in the audience would like to speak on the Item.

Mr. Albert Castro, 7670 McKinley, San Bernardino, (within Highland City limits), California, who is a resident, addressed the Commission / Board. He stated he lives four (4) houses down, how he had received the Notice and asked what is going on.

The Commission, Board and Staff explained to Mr. Castro how the consideration of the potential Zone Change and the commercial uses would impact the use of the property as it relates to the neighborhood in question.

Community Development Director Hartmann further explained that it is not consideration of a Zone Change, but the Commission and Board are giving Staff direction with the General Plan Land Use Designations and appropriate placement of said Designations.

Mr. Castro then thanked the Commission and Board for its time.

Discussion ensued between the Commission, Board and Staff regarding the locations of the Upholstery Shop, Tire Shop and Market.

Commission Chairman Haller asked again if anyone in the audience would like to speak on the Item.

Mr. Rubin Delgato, 25997 Ninth Street, San Bernardino, (within Highland City limits), California, who is a resident, addressed the Commission / Board. He asked about the Designations regarding on the corner(s).

Both the Commission and Staff responded and explained to Mr. Delgato the NC Land Use Designation. Staff added the GC supports larger commercial uses such as big box use stores i.e. Kmart, while the NC is on a smaller scale with local markets, dry cleaners, dentist, etc. Staff further explained the NC is also less intrusive. The Tire Shop is GC because of noise, outside storage, fumes, etc. and meets a "quick need" on a smaller scale. The Applicant would need a one (1) acre site to develop as a GC use, long term, but is currently on small parcel and goes with the City's General Plan vision.

Community Development Director Hartmann read out of the City's Municipal Code matrix for commercial uses is what is permitted in the NC Designation and not in the GC Designation and gave examples of Liquor Stores, Auto Body Repair, Floor Covering Stores, as well as office, small retail uses, the number of employees, massing uses, etc. and indicated keeping the property as presently zoned, (not revise) and City Planner Mainez reiterated that the NC Designation is consistent with the City's General Plan Vision.

Discussion ensued between the Commission, Board, Mr. Delgato and Staff regarding the feasibility of increasing property taxes, increasing the City's tax base, the intensity of commercial uses versus the residential neighborhood commercial uses. Mr. Delgato then requested a copy of the permitted uses within the Commercial Zones. Staff responded for him to come to City Hall and Staff would provide him the information or obtain on-line.

Mr. Beddingfield stated to the Commission / Board with regards to fumes and the expansion of his business in that he wants to do exactly what he is doing now and reiterated that he owns the residential property on both sides of his business.

Community Development Director Hartmann agreed with Mr. Beddingfield to review the Land Use Designations and indicated with the use of a paint booth, the Applicant is strongly regulated by the AQMD and that Mitigation Measures are prepared with using a worse case scenario and reminded the Commission and Board that this is only a first step in a long process.

Discussion ensued between the Commission, Board, Mr. Beddingfield and Staff regarding the parcel locations and size, as well as the feasibility of consolidating the parcels to increase acreage and if the acreage was increased to one (1) acre, the Applicant would then be able to submit a Conditional Use Permit (CUP)for the land use entitlement for his business expansion for the City to review noise, lighting, odors, hours of operating, etc. and how the Commission would consider the CUP for the Applicant's expansion, as well as a General Plan Amendment and Zone Change Applications. The existing uses being grandfathered in, and how the regulations will be imposed if the Applicant's current business is expanded were discussed. Staff stated how the City Council wanted Staff to present both sides of the CG and NC Land Use Designations to the Commission / Board for consideration.

Commission Chairman Haller asked if anyone in the audience would like to speak on the Item.

Mr. Beddingfield addressed the Commission and Board stating if he does the (business) expansion, he would be bringing additional chemicals in, he would close the Fiberglass Shop outside the City and do the assembly there. There would be 25 drums of fiberglass to come in and indicated he did not want to mislead the Commission / Board. Mr. Beddingfield added that he builds custom boats from scratch.

Discussion ensued between the Commission, Board, Mr. Beddingfield and Staff regarding Lot 27 has a house in front and a Shop in back.

A question was asked regarding the City's General Plan Vision for Third /Fifth Street Redevelopment land, and the feasibility of considering a land swap. Staff responded that is a City Council decision / policy and that Staff is unable to answer.

Further discussion ensued regarding the NC and GC acreage requirements, and with the GC Land Use Designations. With what the Applicant wants to do, he is unable to do now. Retail sales fit the NC Land Use profile, and if the repair/customization facility expands, Staff stated then the Zoning Code requirements would "kick in" and explained how.

A question was asked regarding the GC Land Use Designation, if the heightened use on the infrastructure, the business is isolated and further asked the access of GC vehicles, i.e. 18 wheel semi-trucks / traffic, sprinklers, utilities, etc.

Board Chairman Hamerly stated he supports the idea of the NC Land Use Designation, (the business) is isolated, existing and is a non-conforming use. With the LD Land Use Designation to the east, (Lot No. 10), also include as NC to avoid neighborhood conflicts and proximity.

Staff asked if that would include Lot No. 11, as well.

Board Chairman Hamerly responded affirmatively.

City Planner Mainez stated if both Lot Nos. 10 and 11, are NC Land Use Designation, they can be merged since the Applicant owns both properties.

Board Chairman Hamerly stated to modify both Lot Nos. 10 and 11 to the NC Land Use Designation.

Commission Chairman Haller concurred with the NC Land Use Designation, but had a concern with the adjacent area i.e. across the street, making development issues more complex. Is consistent with the General Plan Vision, but is nervous with expanding the business, but reiterated it is consistent with the Vision.

Discussion ensued between the Commission, Board and Staff regarding the feasibility of more opportunities to use buffers, and encourage lot consolidation and this is where the Applicant can create a benefit to the neighborhood. The Applicant owns Lot 27 and also consider the larger two (2) lots along Ninth Street which would give him a leeway. Staff indicated the present use is non-conforming, unless the Commission / Board recommends changes.

A question was asked regarding what action does Staff want the Commission / Board to recommend.

Staff responded to take the Land Use Designation tonight and finalize the document and proceed forward with the process. It may be by April 2005, before there is a Public Hearing conducted for the Commission / Board to consider before going to City Council.

It was the unanimous consensus of both the Commission and Board to keep the existing Neighborhood Commercial Land Use Designation plus add Lot Nos. 10 and 11 to the NC Land Use Designation.

Community Development Director Hartmann explained the Land Use Map will be corrected and made into full size with colors and distributed to the Commission / Board to see if they have any questions or if there were points missed. Within the next few days, the Map will be going out for revisions / printout and the Commission / Board should have the Map by next week that they can mark up.

Discussion ensued between the Commission, Board and Staff regarding revising / restudy the Housing Element, meet allocations for housing, what was discussed earlier regarding the Redevelopment Area and land swap out, density reduction is based on potential housing stock for buildout. Staff explained the numbers on residential density to the Commission / Board and at the end of the General Plan Update process, the Housing Element may need to be amended.


Staff explained there will not be a Planning Commission Meeting or a Design Review Board Meeting on February 1, 2005. Board Member Gamboa, Commissioner Scott and Commission Chairman Haller responded that is good since they all would be unable to attend said Meetings.

Staff explained the recent submittal for an amended Land Use Entitlement Application and Design Review Application for the proposed Washington Mutual Bank to be located at the Highland Village Plaza.

Staff explained the City's Municipal Code Book the Commission and Board received tonight and is also on the Website. Staff further explained how the new Municipal Code Book has been consolidated and codified with the Development Code and the new / old numbering system to the Commission. There are some new approved Ordinances that need to be copied and distributed to the Commission / Board and Staff suggested to place them in the binder that has the Development Standards portion in it and if they have any questions, to call Staff.

Staff requested the Commission and Board when they receive the Draft General Plan Land Use Map to go and drive the areas and if so desire, contact Staff and Staff will drive with them and conduct a field trip to ensure clarity. Brief discussion ensued with regards how The Planning Center conducted a "Celebration" in order to obtain the public's comments that was held in the Community Center last year.

A comment was made to recommend to The Planning Center to prepare a "show and tell" file and to come up with good examples, as needed at future meetings. Fits the need and develop difficult parcels to make the housing requirements. Reiterated the Consultant to provide examples. Like the saying, "location...location...location" it is now, "design....design...design".


There being no further business, Chairman Haller declared the meeting adjourned at 7:05p.m.

Submitted by: Approved by:

Linda McKeough, Randall Hamerly, Chairman

Administrative Secretary Design Review Board