MINUTES

PLANNING COMMISSION REGULAR MEETING

NOVEMBER 6, 2007





1.0 CALL TO ORDER

The Regular Meeting of the Planning Commission of the City of Highland was called to order at 6:10 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:Geoffrey Ward, Attorney Representative from the City Attorney's Office

John Jaquess, Community Development Director

Ernie Wong, City Engineer

Lawrence A. Mainez, City Planner

Bruce Meikle, Senior Planner

Linda McKeough, Administrative Assistant III



The Pledge of Allegiance was led by Chairman Haller.





2.0 COMMUNITY INPUT

Ms. Debra Wasserman, 7367 Central Avenue, Highland, California, who is a resident, addressed the Commission. She asked about the status of the proposed Walmart Project and how there is an existing one in Highland (in City of San Bernardino City Limits on Highland Avenue / Boulder Avenue) and also an existing one in Redlands plus a proposed one and indicated there are too many Walmarts in the area. And if they will be competing against each other or not.

Chairman Haller responded the Commission is unable to comment on that and is unaware of the Project's status. Community Development Director Jaquess added Walmart is in the beginning stages of an Environmental Impact Report (EIR) and the EIR will be forthcoming to the Commission in approximately eight to nine (8 - 9) months and has not asked the City for a deal and he is unaware of any competition.







3.0 CONSENT CALENDAR

3.1 Minutes of August 21, 2007. Regular Meeting.

Approved, as submitted.



3.2 Minutes of October 16, 2007. Regular Meeting.



A Motion was made by Commissioner Gamboa and seconded by Commissioner Willhite to approve the Minutes of August 21, and October 16, 2007, as submitted.

Motion unanimously passed on a 5 - 0 vote.





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). (Continued from the October 16, 2007, Meeting.)

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

Prior to the Meeting, a Memorandum from the City Attorney's Office was distributed to the Commission regarding an Addendum to the Draft Ordinance showing the changes that have been made from the version of the Ordinance in the Commission's Agenda packets.

Community Development Director Jaquess gave the presentation from the Staff Report and he noted there is a correction of the Draft Ordinance which was distributed to the Commission and is consistent with the Staff Report. He explained the sublease agreement will qualify as a Board and Rooming House as opposed to apartment living. He further explained the historical background and noted the only changes made are in Section 2.A. where "boarding or rooming house" is defined and Staff is supportive of the revised language.

A question was asked by a Commissioner about the suggested number of dwelling units relative to the number of Parolees that can housed in said units either by the agreements as written, oral, clause, etc.

Mr Geoffrey Ward, who is an Attorney from Richards, Watson & Gershon, who is from the City Attorney's Office, addressed the Commission. He responded to the answer the questions of the lease agreement. He stated there are three (3) separate lease agreements and the language is from the California Attorney General's Office and that is why the proposed definition.

Discussion ensued between the Commission and Staff regarding how an oral would have a greater latitude. Staff read the proposed Ordinance Section 5.D. and the number of units is a suggested number and the Commission may want to discuss and then gave an example of apartment dwelling units ratio, the CUP process and the one Parolee living five hundred foot (500') from the property line. Questions were asked by Commissioners if the five hundred foot (500') requirement would be still in effect if there was a house in back of another house and if there was a house on both sides of the street. Staff responded the five hundred foot (500') requirement would still be in effect and the need for separation and could not be close together or adjacent of each other.

A comment was made about the clarification of the proposed Ordinance Section 5.D. and then asked if the numbers would mean if there were ten (10) dwelling units, a house shall be allowed to house either one (1) Federal, one (1) State, one (1) Youth Authority Parolee, and then another ten (10) dwelling units house another one Parolee, etc.

Discussion ensued between the Commission and Staff regarding the number of units per Parolee ratio and is one of the key points of the proposed Ordinance. If there are ten (10) units, then there can be one (1) of the three (3) Parolees residing there. Some of the requirements of the Parolee has to be provided to the City and duration of residing there plus other criteria. Information disclosure, collecting information and crime information were also discussed. Staff responded the Ordinance does not specify about that and is a Sheriff Department process and provided an example.

A comment was made by a Commissioner if someone is a Parking Violator or if a mass murderer and questioned the violence / objectionable crime to be on record. Staff responded the Facilities might have a different level of crime and said there is a Representative from the Sheriff's Department present for Parolees if the Commission desired.

Chairman Haller asked if the Commission had any further questions of Staff. Hearing none, he then opened the Public Hearing and asked if anyone in the audience would like to speak on the item.

Mr. Kurt Wilson, who is the Chief of External Affairs from the California Department of Corrections and Rehabilitation, addressed the Commission. He stated that he became aware of the proposed Ordinance and has concerns with the Parolee's conditions and proposed language and applauded the City for its efforts and then offered his services.

Discussion ensued between the Commission, Mr. Wilson and Staff how the Commission has to make its recommendation to the City Council and this may be the time for Mr. Wilson to go over with the issues with Staff. Staff responded affirmatively and that Mr. Wilson provided Staff with his business card. Mr. Wilson stated how probation and parolees (conditions) are not interchangeable and that some items are outdated for the Youth Authority or Federal Parolees. A comment was made by a Commissioner to Mr. Wilson regarding whether if the proposed Ordinance is effective or not. Mr. Wilson responded it is your discretion and reiterated in offering his services for public safety.

Chairman Haller asked if anyone else in the audience would like to speak on the item.

Ms. Debra Wasserman, 7367 Central Avenue, Highland, California, who is a resident, addressed the Commission. She stated how she a prepared her master thesis on this (Parolees) and is problematic. This is a way to stop group homes for Parolees / Probationers having to rent to people. You have to get personal with people with their past. Where do you put people in the community. Incarceration is over crowded and questioned the implementation of the Ordinance designed to keep these group homes. If the Country were all incarcerated, you would need to start in the community. What Facilities do we have when children commit crime(s). There is a need to re-establish them into our community in that they have paid their time. This is a Big Brother issue and she is opposed to that.

Chairman Haller asked if anyone else would like to speak on the item. Hearing none, he then closed the Public Hearing and opened the floor for discussion amongst the Commissioners.

Discussion ensued between the Commission and Staff regarding wordsmithing of the proposed Ordinance will be handled at Staff level. Staff responded that Staff is willing to work with Mr. Wilson and the City Attorney with the verbiage. A comment was made by a Commissioner regarding the Commission's review of the land use compatibility and the legalese of the proposed Ordinance.

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



A Motion was made by Commissioner Gamboa and seconded by Vice Chairman Hamerly the Planning Commission approve Resolution No. 07-013 recommending the City Council approve the following:



1. Adopt a Negative Declaration and Instruct the City Clerk to file a Notice of Determination with the County Clerk of the Board, and;

2. Amend the City's Land Use and Development Code, Title 16, (MCA 007-002).



Motion unanimously passed on a 5 - 0 vote.





4.2 An Application submitted by Regency Centers requesting approval of Conditional Use Permit 007-009 for a Multi-Tenant Commercial Project. The Project is located on an approximate 8.5 acre Site currently consisting of two (2) adjoining parcels located on the south side of Greenspot Road approximately 1,300 feet east of the State Route 30 / 210 Freeway (APNs: 1201-341-12 and 1201-341-13). Representative: James Dillavou, Senior Manager

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

Senior Planner Meikle distributed a letter from Leibold McClendon & Mann that the City received late this afternoon and also distributed another copy of the Staff Report stated there were pagination errors of the Staff Report that was in the Commissioner's packet and apologized for the error. He then gave the historical background of the proposed Project, the time line of the State review period, letters of comment from the California Department of Fish and Game and California Department of Transportation Division of Aeronautics letters and provided Memorandums to the Commission at the October 2, Meeting. He further explained the City Attorney directed this item return to the Commission for reconsideration, the proposed Conditions of Approval (COA) also reflect the Commission's comments of the October 2, Meeting. Senior Planner Meikle then concluded his presentation and stated a Representative from the City Attorney's Office is here, a Representative from Michael Brandman and Associates, as well as the Applicants from Regency Centers are here to answer any questions the Commission may have.

The Commission requested Staff to provide a brief overview of the proposed Project, in which Staff obliged by providing a brief description / overview of the proposed Project's location, Site Design, Access, etc. to the Commission.

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. Jim Dillavou, of Regency Centers, 915 Wilshire Boulevard, Suite 2200, Los Angeles, California, who is the Representative for Regency Centers, addressed the Commission. He said that he is happy with the proposed COAs and is here to answer any questions the Commission may have.

Chairman Haller asked if the Commission had any questions of the Applicant. Hearing none, he asked if anyone in the audience would like to speak on the item. Hearing none, he then opened the floor for discussion amongst the Commissioners.

A question was asked by a Commissioner if Attorney Ward was able to review the letter (from Leibold McClendon & Mann) and offer an opinion to the Commission that the Commission has the authority to review the Environmental. Attorney Ward responded that he did review the letter and it does not change his opinion and will respond to them in writing and that their statement of law is inaccurate. A comment was made by a Commissioner that he cannot speculate that further cumulative effects have been addressed with street infrastructure. Staff responded the EIR for the General Plan Update addressed the issues, as well as issues addressed in the Golden Triangle Area.

Chairman Haller asked if anyone else would like to speak on the item. Hearing none, he then closed the Public Hearing and opened the floor for discussion amongst the Commissioners.

Discussion ensued between the Commission and Staff regarding how Staff explained for the benefit of the Commission, the DRB just reviewed the Applicant's architecture and landscaping and the DRB's comments apply to this Site Plan and will be required and integrated. A question was asked by a Commissioner about the DRB's earlier approval of the Project and if the Project has to return to the DRB. Staff responded the DRB's approval can stand independently.

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 adopt Resolution 07- 016 which:

1. Rescinds the Planning Commission's October 2, 2007, approval of CUP 007-009 and PC Resolution 07-015;

2. Adopts a Mitigated Negative Declaration and directs the Secretary to Refile a Notice of Determination;

3. Approves Conditional Use Permit 007-009, subject to the Conditions of Approval, and;

4. Adopt the Findings of Fact.



Motion unanimously passed on a 5 - 0 vote.







5.0 LEGISLATIVE

There were no items.





6.0 ANNOUNCEMENTS

Staff distributed a handout to the Board and explained the anticipated items scheduled for the November 27, 2007, Joint Study Session with the City Council, Planning Commission and Board at 4:30 p.m. regarding San Bernardino County's parcel and the San Bernardino County Flood Control District and the Real Estate Services Representative will provide the results at that Study Session. In addition, there will be no Commission Meeting on November 20, 2007.

Discussion ensued regarding the upcoming street closures located on Greenspot Road between Boulder Avenue to the Freeway from Friday, November 16, at 9:00 p.m. through Monday, November 19, at 9:00 p.m. Staff explained about the upcoming Freeway Ramps closure in both directions and duration on Greenspot Road and the coordination between the Cities. Detour control was also discussed and how it is difficult now trying to get to work between Greenspot Road / Fifth Street and the signal located at Palm Avenue. Staff added how Staff had received an e-mail from Redlands in that Orange Street / Boulder Avenue will be closed next week due to street infrastructure.





7.0 ADJOURN

There being no further business Chairman Haller declared the meeting adjourned at 6:58 p.m.





Submitted by:





Linda McKeough,

Administrative Assistant III





Approved by:





Richard Haller, Chairman

Planning Commission