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Planning Commission


MINUTES

PLANNING COMMISSION REGULAR MEETING

OCTOBER 16, 2007





1.0 CALL TO ORDER

The Regular Meeting of the Planning Commission of the City of Highland was called to order at 6:32 p.m. by Chairman Haller at the Donahue Council Chambers, 27215 Base Line, Highland, California.



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



Absent: None



Staff Present:John Jaquess, Community Development Director

Lawrence A. Mainez, City Planner

Linda McKeough, Administrative Assistant III



The Pledge of Allegiance was led by Chairman Haller.





2.0 COMMUNITY INPUT

There was none.





3.0 CONSENT CALENDAR

There were no Items.







4.0 PUBLIC HEARINGS

4.1 City of Highland Land Use and Development Code Amendment - Amend various Code Sections to the Highland Municipal Code dealing with provisions for Boarding and Rooming Houses as they relate to Parolee Housing (MCA 007-002).

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

Community Development Director Jaquess gave the presentation from the Staff Report and he noted that a Legal Ad was noticed and not a Display Ad and that this item needs to be continued and reiterated the need for a Display Ad.

A question was asked by a Commissioner what about the (tentative) City Council schedule for the Item. Community Development Director Jaquess responded the City Council Item also for consideration will also need to be continued. He then gave a historical background of the original Ordinance and provided a brief overview and explained the various Sections of the proposed Draft Ordinance to the Commission. Community Development Director Jaquess added the Ordinance is also consistent with the City's General Plan. He then concluded his presentation and is here to answer any questions the Commission may have and added there will be a Representative from the City Attorney's Office attending the next Commission Meeting.

Chairman Haller asked if the Commission had questions of Staff.

Discussion ensued between the Commission and Staff regarding the proposed Definitions and the number of Boarders / Roomers allowed, sex offenders and how the rules would still apply to them and it was not separated out (from the Draft Ordinance) and does not supercede State laws. Specific terms with a Conditional Use Permit (CUP) identifying sex offenders were also discussed. Staff responded how the City Attorney did not include it and how it is enforced with criminal laws, rather than civil law regarding the sex offenders.

Further discussion ensued between the Commission and Staff regarding State violations, Staff is obtaining information on parolees and will be coordinated with the Highland Police Department. A comment was made by a Commissioner there would be a five hundred foot (500') radius basis and could see restrictions with two (2) in one (1) block and in Highland, there are some long distances in one (1) block and had perceived as a different situation. Staff responded he is unsure what the basis is for the five hundred foot (500') radius and added that certain care facilities have a three hundred foot (300') radius.

A question was asked by a Commissioner regarding if this is similar to an Alcohol Beverage Control (ABC) License i.e. saturation rate and evaluate with / through the CUP process. Staff responded under the CUP process, the City Attorney has given the Commission the discretion similar to an ABC License, but is unsure how they will be tracked. A comment was made by a Commissioner stating he did not see anything listed in the Draft Ordinance saying Planning Commission discretion. Staff responded that will be listed in the Findings.

Another comment was made by a Commissioner regarding with every type of facility whether it is a drug / chemical dependency house, half-way house, etc. can be challenging. And how people would not want them in their back yard, but it is entitled "By Right-of-Zone" and that is where the discretion comes into play and is relative to public safety. Staff responded it is the Findings of the CUP and Permit to a CUP and is not by Right-of-Zone. The Commissioner said there are land use issues and could have a detrimental effect on the neighborhood and is political. Staff responded that Planning is political process.

Discussion ensued between the Commission and Staff regarding the CUP (process) and the name of the Tenant to reside there and a question was asked by a Commissioner if this is similar to a pre-lease agreement.

Further discussion ensued regarding the number of people the house can accommodate, when the Parolee is released (then ex-Parolee) who may still want to reside at the house and then another new Parolee comes to live there.

Chairman Haller asked if the Commission had any further questions of Staff. Hearing none, he then opened the Public Hearing and asked if anyone would like to speak on the item. Seeing none, there being no further questions of 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 continue the Public Hearing to November 6, 2007.



Motion unanimously passed on a 5 - 0 vote.





5.0 LEGISLATIVE

5.1 Appointment of one (1) Planning Commissioner to a Joint Base Line Corridor Ad Hoc Subcommittee.

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

Discussion ensued between the Commissioners to serve on the Ad Hoc Subcommittee. Both Commissioners Moore and Gamboa volunteered to serve as the PC Subcommittee Member.



A motion was made by Chairman Haller and seconded by Vice Chairman Hamerly to appoint Commissioner Gamboa to serve on the Ad Hoc Subcommittee.



Motion carried on a 4 - 0 vote with the abstention of Commissioner Gamboa.





6.0 ANNOUNCEMENTS

Staff explained the anticipated items scheduled for November 6, 2007, Meeting and also distributed a handout for informational purposes provided by Vice Chairman Hamerly.





7.0 ADJOURN

There being no further business Chairman Haller declared the meeting adjourned at 7:03 p.m.





Submitted by:



Linda McKeough,

Community Development Administrative Assistant III





Approved by:



Richard Haller, Chairman

Planning Commission



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Highland, CA 92346
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