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Planning Commission

MINUTES

PLANNING COMMISSION REGULAR MEETING

JUNE 5, 2007



1.0 CALL TO ORDER



The Regular Meeting of the Planning Commission of the City of Highland was called to order at 6:02 p.m. by Chairman Haller at the Donahue Council Chambers, 27215 Base Line, Highland, California.



Present: Commissioners John Gamboa, Bob Moore and Michael Willhite, Vice Chairman Randall Hamerly and Chairman Richard Haller



Absent: None



Staff Present:John Jaquess, Community Development Director

Betty Hughes, City Clerk

Lawrence A. Mainez, City Planner

Sean Kelleher, Assistant Planner

Linda McKeough, Administrative Secretary



The Pledge of Allegiance was led by Chairman Haller.





2.0 SWEARING IN NEW PLANNING COMMISSION MEMBER MICHAEL WILLHITE



City Clerk Hughes swore in Michael Willhite as the newest member of the Planning Commission. Both the Commission and Staff congratulated Mr. Willhite as the newest Commissioner.





3.0 REORGANIZATION OF THE PLANNING COMMISSION



3.1 Reorganization of the Planning Commission and election of the Chairman and Vice-Chairman for 2007 - 2008.



The meeting was turned over to Community Development Director Jaquess who explained the election process and opened the nominations for Chairman.



Commissioner Hamerly nominated Commissioner Haller for Chairman.





A MOTION was made by Commissioner Hamerly and seconded by Commissioner Gamboa to close the nominations.



Motion unanimously passed on a 5 - 0 vote.



Commissioner Haller was elected Chairman of the Commission.



Community Development Director Jaquess turned the Meeting over to Chairman Haller.



Chairman Haller opened the nominations for Vice Chairman.



Commissioner Gamboa nominated Commissioner Hamerly for Vice Chairman.





A MOTION was made by Commissioner Moore and seconded by Commissioner Gamboa to close the nominations.



Motion unanimously passed on a 5 - 0 vote.



Commissioner Hamerly was elected Vice Chairman of the Commission.





3.2 Appointment of two (2) Planning Commissioners to serve on the Design Review Board (DRB).



Chairman Haller introduced the item.



Discussion ensued amongst the Commission Members as to serving on the DRB.



A MOTION was made by Commissioner Moore and seconded by Chairman Haller to reappoint Commissioners Gamboa and Hamerly to the Design Review Board with their terms ending in May, 2009.



Motion unanimously passed on a 5 - 0 vote.



Chairman Haller thanked and congratulated both Commissioners for volunteering their services due to the major effort and commitment of time it takes to serve on the DRB.





4.0 COMMUNITY INPUT



4.1 Special Presentation for Dr. R. Paul Scott



Chairman Haller displayed the plaque to former Planning Commissioner Dr. R. Paul Scott and read the majority of the inscription to the audience indicating the time he has volunteered, years of dedication and commitment he has provided to the City, gave a brief background of former Commissioner Dr. R. Paul Scott and then presented the plaque to him.











Dr. Scott thanked the Commission stating it was great working with the Commission and that he now will be devoting his time to his family and other activities / interests.

Both the Commission and Staff wished to extend its best wishes and continued success to Dr. Scott in his future endeavors.





5.0 CONSENT CALENDAR



There were no items.





6.0 PUBLIC HEARINGS

6.1 CUP 006-007 - an Application by CVS Pharmacy for an Off-Site Sale and Consumption of Beer, Wine, and Distilled Spirits (Type 21 State Department of Alcohol and Beverage Control (ABC)). CVS Pharmacy is located at 27310 Base Line at the northeast corner of Base Line and Palm Avenue. APNs: 1200-381-11, -12, -13, -14, -15, -16, -17, -18, -19, and -20 Representative: Roger Barbosa, Principal - Milestone Management



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

City Planner Mainez gave the presentation from the Staff Report. He provided an overview and historical background of the Project. He explained the requested Type 21 ABC License, the hours of operation, over concentration of ABC Licenses in the Census Tract, and the Convenience and Necessity Finding. City Planner Mainez further explained the Applicant has requested Planning Condition of Approval (COA) No. 1 be extended from a twelve (12) period to a twenty-four (24) month time period due to the possibility of the proposed phasing of the Project construction and indicated Staff is amenable to the Applicant's request.



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



Discussion ensued between the Commission and Staff regarding the Applicant's request for the twenty-four (24) month extension of time, the number of existing sites having an ABC License and the over concentration of said Licenses.



Chairman Haller asked if the Commission had any further questions of Staff. Hearing none, he then opened the Public Hearing and asked if the Applicant would like to make a presentation.













Mr. Roger Barbosa, of MileStone Management, 21196 Jasmines, Lake Forest, California, who is the Applicant's (CVS Pharmacy) Representative, addressed the Commission. He stated he has read the Staff Report and accepts the COAs and appreciates the Commission's consideration of the twenty-four (24) month period for the extension of time due to the phasing of the Project and will attempt to construct the new Bakers in the allotted time frame and is here to answer any questions the Commission may have.



A question was asked by a Commissioner regarding how long does Mr. Barbosa think it will take to build the new Bakers. Mr. Barbosa responded three to four (3 - 4) months for the actual construction, but may take up to six to nine (6 - 9) months.

Chairman Haller asked if Mr. Barbosa had any questions of the Commission and he responded no. Chairman Haller then asked if anyone would like to speak on the item. Seeing none, he then closed the Public Hearing and opened the floor for discussion amongst the Commissioners.



Discussion ensued between the Commission and Staff regarding previous CUP Applications requesting ABC Licenses and dealing with stores, as well as beverage and alcohol sales. The Finding of Convenience and Necessity, retail spaces versus other area (i.e. storage) to justify the over saturation of the ABC Licenses and the proposed two percent (2%) of floor area for retail sales for beer, wine and distilled spirits (possibly 650 square feet) were also discussed.



The following are comments made by the Commissioners: 1) ; the proposed Project is a one-stop store with a 24 hour Pharmacy Drive-thru; 2) the percentage of sales floor area which would be approximately 640 square feet of retail space; 3) the formula which the floor space is based on is gross building area; 4) Planning COA No. 8 would need to be revised showing the 650 square foot of sale floor area, rather than providing a percentage; 5) within the Pharmacy portion, there are restrooms, lab, photo processing area, three aisles of refrigeration areas and would prefer the square footage concept, rather than the percentage of floor area.



Further discussion ensued between the Commission and Staff regarding square footage and floor space area of Bakers, CVS Pharmacy and Drive-thru(s). Staff added the Applicant is more comfortable using the 650 square foot area formula for selling beer, wine and distilled spirits.



The following are comments made by the Commissioners: 1) there is a lot of infrastructure the Applicant has to install, as well as grading; 2) reiterated the twenty-four (24) month time frame versus the twelve (12) month time frame and the Applicant can still submit an Extension of Time Application in the future; 3) wants to be consistent with past ABC approvals and the Census Tract Boundary is unique; 4) the proposed Project is unique in providing a service; 5) appears to be







appropriate for the Convenience and Necessity Finding; 6) reiterated about the previous Applicants being located in an over concentration Census Tract and the use was a liquor store; 7) reiterated the Project is a Pharmacy and is supportive of the Application.



There being no further questions of the Applicant or Staff, or discussion amongst the Commissioners, Chairman Haller then called for the question.





A motion was made by Vice Chairman Hamerly and seconded by Commissioner Gamboa to:



1. Approve Resolution Number 07-005 adopting Conditional Use Permit 006-007 and associated Findings of Fact to permit Off-Site Sale and Consumption of Beer, Wine and Distilled Spirits (Type 21 ABC License) for an approved CVS Pharmacy Convenience Market located at 27310 Base Line, as modified with the following:



Planning COA



1. This Conditional Use Permit approval shall become null and void:



*a. Unless all Conditions have been complied with and the occupancy or use of the land or existing structures authorized by such Conditional Use Permit approval has occurred within twenty-four (24) months from the approval date of said Conditional Use Permit.



8. (NS) A maximum of six-hundred and fifty (650) square feet of the floor space may be devoted to alcohol sale displays.



Motion unanimously passed on a 5 - 0 vote.





6.2 An Amendment to Conditional Use Permit (CUP-01-009) to allow a 4,500 square foot Bank with associated 24 hour drive-up Automatic Teller Machines to be established in place of an approved Fast Food Restaurant (CUP-007-002). The location of the Project is located on the northeast corner of Greenspot Road and Church Street. APNs: 1210-191-46, 47, and 48. Representative: Urbon Architecture - Peter Urbon



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









Assistant Planner Kelleher gave the presentation from the Staff Report. He explained the historical background, the proposed Project will be a drive-thru Facility, has increased the number of parking stalls, Stater Brothers contacted the City with parking concerns and was informed parking counts associated with this Project are greater than that of the Highland Municipal Code. The hours of operation, and the potential of noise impacts were addressed in the Staff Report. Assistant Planner Kelleher then concluded his presentation and stated the Applicant is in the audience.



Chairman Haller asked if the Commission had any questions of Staff. Hearing none, he then opened the Public Hearing and asked if the Applicant would like to make a presentation.



Mr. Peter Urbon, of Urbon Architecture, 4353 Osprey Drive, San Diego, California, who is the Applicant's Representative, addressed the Commission. He stated the proposed Project is straight forward. He indicated Bank is usually 5,000 square feet, but has reduced the square footage down for the proposed Project. Mr. Urbon has met with Staff regarding screening the three foot (3') wall, and has mimicked the existing Shopping Center's architecture. Mr. Urbon then stated he is here to answer any questions the Commission may have.



Chairman Haller asked if the Commission had any questions of Mr. Urbon.



Discussion ensued between the Commission, Mr. Urbon and Staff regarding the drive-thru relating to the number of vehicles and amount of time to take per transaction being two (2) minutes per vehicle which would then be over twenty-five (25) vehicles per hour and the reason for Drive-thru Facility rather than an ATM machine. Mr. Urbon responded how people do not like to get out of their vehicles and is a matter of convenience for the customers and provided examples having children with them and providing a quicker banking service for the customer.



Discussion ensued between the Commission, Mr. Urbon and Staff regarding parking during construction. Mr. Urbon described there will be chain link fencing to cordon off the eight (8) parking spaces and will take approximately five (5) months to construct the Project.



A comment was made by a Commissioner regarding the loss of the eight (8) parking spaces and asked about the employees' parking, as well as contractors temporary parking spot and concerns were raised regarding increased demand for parking during the construction period. Mr. Urbon responded the property owner of the Shopping Center is present and the general laborers usually park on the north end (on the back side) of the Center and suggested the employees may be able to park there in order to leave the parking stalls open in front of the Center.











Discussion ensued regarding the feasibility of parking on the south side of Greenspot Road and having the laborers walk across the street with crossing guards as when the Shopping Center was originally being constructed. Mr. Urbon responded the property owner understands the parking issues.



A question was asked by a Commissioner regarding the Building's architecture and meeting City standards. Mr. Urbon responded the proposed construction is standard construction and is an informal system and provided examples with wiring, outside studs, etc.



Another question was asked by a Commissioner if the existing ATM located at Church Street / Base Line will remain and what is currently going on at the proposed Bank site. Mr. Urbon responded there is no intention of closing the existing ATM. A second question was raised regarding current grading going on at the Site. The initial grading was done in 2002 / 2003 where the Restaurant pad was supposed to be, but now, need an additional five feet (5') further north than initially planned. The additional soil compaction is also going on now and the Site owner is providing erosion control.



Further discussion ensued between the Commission and Mr. Urbon regarding how the proposed Project will match the existing building facade, and the approximate twenty (20) parking stalls located in the northeast corner. Mr. Urbon responded how Stater Brothers' employees park on their own pad and there is no agreement with Stater Brothers for others to park and across their line on Stater Brothers' property.



The following are comments made by the Commissioners: 1) the DRB will be reviewing the Applicant's Plans on June 19, 2007; 2) the Commission wants assurance the proposed Project's architecture will be the same as the existing Shopping Center's architecture; 3) the feasibility of the Applicant having two (2) queues, rather than one (1) queue; 4) the proposed level of screening is acceptable and the marquee's style is nice; 5) some of the Commissioners were involved with the original Application (Vons) and still have concerns with parking; 6) the proposed use seems consistent with the original CUP with a lower intensity from a Fast Food Restaurant to a Bank; 7) the proposed use will provide more benefits with a parking system than a Drive-thru Restaurant, and; 8) the existing ATM kiosk located Church / Base Line is chaotic up there when trying to use the ATM. Mr. Urbon responded there will also be one (1) ATM through the wall and there is no added kiosk proposed for the outside lane, at this time, but there will be in the future.



There being no further questions of the Applicant or Staff, or discussion amongst the Commissioners, Chairman Haller then called for the question.



















A motion was made by Vice Chairman Hamerly and seconded by Commissioner Gamboa to approve Resolution No. 07- 006 adopting Conditional Use Permit CUP-007-002 (Amending CUP-01-009) and associated Findings of Fact to allow a 4,500 square foot Bank with associated 24 hour drive-up Automatic Teller Machines to be established in place of the approved Fast Food Restaurant.





Motion unanimously passed on a 5 - 0 vote.







6.3 A Conditional Use Permit Application (CUP 006-009) submitted by Nextel Communications for the construction of a sixty foot (60') tall, Unmanned Collocatable Wireless Telecommunication Facility (Water Tower), and associated Equipment. The Project is located at 30992 Santa Ana Canyon Road, on the north side of Santa Ana Canyon Road two hundred feet (200') northeast of Greenspot Road. APN: 0297-021-02. Representative: Jane Norine, ALCOA



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

Assistant Planner Kelleher gave the presentation from the Staff Report. He explained the historical background of the proposed Project; the design layout and proposed height and setbacks; the photograph simulation;, displayed an Aerial Board showing the different cell tower locations and how the Site is serving a need for the community. He then distributed colored Photo Simulations for the Commission's consideration. There were concerns regarding the development of Greenspot Road and Santa Ana Canyon Road and how Santa Ana Canyon Road can be vacated and the City Engineer is not present to comment. The Applicant could lose access on the Right-of-Way. Assistant Planner Kelleher then concluded his presentation and stated the Applicant is in the audience.



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



Discussion ensued between the Commission and Staff regarding the cell tower located at Aurantia Park is not Collocatable and Staff is trying to obtain a Final Agreement and stated the Parking Light Standard Pole will be the cell tower.



Chairman Haller asked if the Commission had any further questions of Staff. Hearing none, he then opened the Public Hearing and asked if the Applicant would like to make a presentation.

















Ms. Jane Norine, of Alcoa Wireless Services, Inc., 167 Technology Drive, Irvine, California, who is the Applicant's Representative, addressed the Commission. She thanked both the Wattenbargers and Staff and then stated she has read and agrees to the Conditions of Approval (COAs) with the exception of Planning COA No. 27. She requested a temporary power generator to be utilized, rather than a battery back up in case of 911 emergency purposes.



Discussion ensued between the Commission, Ms. Norine and Staff regarding the type of fuel system used for the temporary back up generator during emergencies, there are no other towers located in the immediate area (from Church Street to the west) and other existing and proposed cell tower locations were discussed.



Chairman Haller asked if the Commission had any questions of Ms. Norine. Hearing none, he then asked if anyone would like to speak on the item. Seeing none, Chairman Haller then closed the Public Hearing and opened the floor for discussion amongst the Commissioners.



The following are comments from the Commissioners: 1) liked the added citrus trees located around the perimeter; 2) what had transpired at a previous Study Session with regards to the "arch" and will be going through the DRB process; 3) wants assurance what is shown on the Plans is what actually will be constructed and example was given regarding the "water tank"; 4) the feasibility of placing either the City logo or citrus packing labels on the cell tower, and; 5) there is a need for an access easement if someone purchases the property to the east of the proposed Project. Staff responded stating the Engineering Department had provided a memorandum in the Staff Report indicating a need for an access easement as in the form of a COA.



Discussion ensued between the Commission and Staff regarding Planning COA No. 20 regarding the height of the Project relative to the height of the buildings around airports and the feasibility of maybe requiring a (night / strobe) light atop of the pole. Staff added a light is not proposed for the Project. Ms. Norine added she has the FAA written response that there is no night lighting required.



Further discussion ensued regarding Planning COA No. 21 relative to standard COAs and setbacks, the feasibility of a zone change, restricting residential development. Staff responded the Zoning Designation is A/Eq and the Site Plan accepting the proposed height at seventy feet (70'), rather than the height could be two hundred feet (200') and how Staff is agreeing to the proposed Plan, as submitted. Planning COA No. 24 was also discussed regarding the Project to be consistent and go through the DRB process.













There being no further questions of the Applicant or Staff, or discussion amongst the Commissioners, Chairman Haller then called for the question.





A motion was made by Commissioner Gamboa to approve Resolution Number 07-007, thereby adopting a Mitigated Negative Declaration and approving Conditional Use Permit (CUP 006-009) and associated Findings of Fact to permit the construction and operation of an Unmanned Collocatable Wireless Telecommunication Facility and associated Equipment;



and;



Direct Staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.



With the directive the DRB to review the Site Plan and the pad immediately adjacent to the Project's fenced enclosed area and screening.



Discussion ensued between the Commission and Staff regarding a "power grid" issue, and is not a single power source.



Seconded by Commissioner Moore.



Further discussion ensued between the Commission and Staff regarding the two hundred foot (200') setback; currently, there is not a lot of residential use in the area and Staff can mitigate a two hundred foot (200') separation between the future residential use and the proposed Project and not create an impact issue situation.



Staff added how the Motion needs to include Planning COA No. 29 for clarification and that it should state the following:



Planning COA



29. Attached Conditions of Approval by the Building and Safety Division, Engineering, and Fire Department.





Commissioner Gamboa amended his Motion to include Staff's verbiage and Commissioner Moore amended his Second.



Motion unanimously passed on a 5 - 0 vote.









7.0 LEGISLATIVE



7.1 The role, responsibilities and duties of a Planning Commission.



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



Community Development Director Jaquess explained Commissioner Willhite met with Staff last evening (June 4) providing him with documents, Agenda packet, etc.

The Commission again welcomed Commissioner Willhite.

Discussion ensued between the Commission and Staff regarding the Commission's role, responsibilities and duties. Also the Commission encouraged to call Staff in advance if there are questions, or conflict of interest, etc. and if there is a conflict of interest within a five hundred foot (500') radius of the Commissioner's property. In addition, the League of California Cities has an annual Planners Institute conference for the Commissioners, as well as Staff.



The following comments were made by the Commissioners and Staff: 1) is a learning process and bring your talents and insights to the Commission on projects; 2) explaining the design review process; 3) how some developers will try and not do what is required of them; 4) lighting issues; 5) marketability of projects and how Staff is willing to work with the Applicant(s), but usually Staff will have some issues / concerns, and; 6) one example was given how a Monopalm Tree cell tower located at Church Avenue / Main Street was proposed and the circular pole become a square pole.



There was no formal action taken by the Commission.







8.0 ANNOUNCEMENTS



Staff explained the items tentatively scheduled for the July 3, 2007 Commission Meetings. Staff added there would be a Joint Study Session Meeting with DRB regarding SCAG / SANBAG making a "COMPASS" presentation to the Commission on transportation / land use studies on vacant property located on the north side of Base Line from Palm Avenue to the Freeway.



Discussion ensued between the Commission and Staff regarding the potential of a transportation hub / express bus system and how a few parcels of land have been identified in Highland for independent development(s) and how the presentation will generate concepts.





(Note: Commissioner Gamboa left the Chambers at 7:30 p.m.)









Staff further explained the items tentatively scheduled for June 19, 2007, Commission Meeting and reiterated the Joint Study Session with DRB on July 3.





(Note: Commissioner Gamboa returned at 7:32 p.m.)







9.0 ADJOURN





There being no further business Chairman Haller declared the meeting adjourned at 7:33 p.m.







Submitted by: Approved by:









Linda McKeough, Richard Haller, Chairman

Administrative Assistant III Planning Commission

 



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