MINUTES

PLANNING COMMISSION REGULAR MEETING

MAY 6, 2008





1.0 CALL TO ORDER

The Regular Meeting of the Planning Commission of the City of Highland was called to order at 6:47 p.m. by Chairman Haller at the Donahue Council Chambers, 27215 Base Line, Highland, California.



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



Absent: None



Staff Present:John Jaquess, Community Development Director

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

There was none.





3.0 CONSENT CALENDAR

There were no items.







4.0 PUBLIC HEARINGS

4.1 Vesting Tentative Tract Map 18610 (TTM-007-002) and Conditional Use Permit (CUP-007-014) - An Application for the subdivision of an existing Mobile Home Park into sixty-five (65) numbered lots (existing lease spaces) and one (1) lettered lot (existing Common Area including the existing club house, pool, guest parking, common landscaped areas, and private streets). The Applicant's Attorney is requesting to continue this item to the Planning Commission's June 3, 2008 Meeting. The project is located at 26245 Base Line, an approximate 8.21 -acre Site located on the on the south side of Base Line approximately one thousand five hundred feet (1,500') west of Victoria Avenue. (Assessor Parcel Number: 1192-091-04). Representative: John H. Pentecost, Attorney for OWT2 - CABO, LLC.

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

Community Development Director Jaquess explained at the Applicant's request, Staff recommends the Planning Commission continue this Item to its June 3, 2008, Meeting.



A Motion was made by Vice Chairman Hamerly and seconded by Commissioner Gamboa to continue Item 4.1 to the Planning Commission's Regular Meeting on June 3, 2008.



Motion unanimously passed on a 5 - 0 vote.



4.2 An Application submitted by Immanuel Baptist Church requesting to amend their existing Conditional Use Permit and Site Plan to: 1) allow a second Temporary Recreational Field to be constructed until a future Family Life Center is developed and, 2) Grant an Extension of Time for the use of an existing Modular Building. The Project is located at 28355 Base Line, a 40.57 acre site located at the southeast corner of Base Line and Webster Street, Highland. (Assessor Parcel Numbers: 1201-181-01, 03, 15, & 16) Representative: Craig Huff, Director of Facility Management.

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

Commissioner Willhite explained since the proposed Project is behind his home, and has a conflict of interest, he will be abstaining from this Item.



(Note: Commissioner Willhite left the Dais at 6:52 p.m.)



Senior Planner Meikle gave the presentation from the Staff Report. He explained the historical background, what has been built on the property and the Applicant's request. He 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 whether the existing Modular Building is a non-conforming use or is expired and how it goes back to 2001, and earlier with Building and Safety in which the Condition of Approval's time line for Building and Safety. Staff then explained the 2001 Extension and what the Applicant is currently requesting is the same as what was approved in 2001. Staff added how Staff can check with Building and Safety if they will require a new Building Permit.

Further discussion ensued between the Commission and Staff regarding the feasibility of the Applicant trenching a long distance for a water line because it is a temporary structure and in 1996, the Project was not Conditioned / required to install fire sprinklers. The structure is ADA accessible and as far as Staff knows, no one is staying overnight, there is no kitchen and cooking is not done in the Building.

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. Craig Huff, Director of Facility Management. Immanuel Baptist Church (IBC), 28355 Base Line, Highland, California, who is the Applicant's Representative, addressed the Commission. He stated the intention is to rough grade the ballfield and existing "construction / dump area" and would also like to provide a basic walking path. With regards to the Modular Building, when the Building was temporarily installed, the Building was top notch work and had the facades look similar to the other buildings on the campus and not look like a modular building. Mr. Huff explained about the one hour fire walls placed on sides of the structure and is approximately 493 square feet. There are four (4) exits; two (2) to the north and two (2) to the south and also has some smoke / fire alarms. With regards to the fire sprinklers, he is willing to retro-sprinkle the Building, if granted a five (5) year Extension, and other options will be more costly. As the Church continues to grow, the Church wants to raise the necessary funds for the Project.

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

A Ms. "Molly" ____________, Highland, California, who is a resident, addressed the Commission. She stated she resides directly behind the Softball Field and is concerned with the dirt / dumping. She has been living with that issue for twelve (12) years and her pool equipment lasts only half the time because of the dirt / dumping.

Staff responded to the earlier question that the Applicant cannot alternate the Building structure and that it is a Modular.

A question was asked by a Commissioner if it would be a wet pipe or a dry pipe fire sprinkler system. Mr. Huff responded the Contractor would be able to meet the Code.

A question was asked by a Commissioner if the Ballfield is needed. Mr. Huff responded the existing Ballfield area is also used for soccer and is community oriented. There has been approximately 178 children who have participated and close to 1,000 people in their soccer sessions. There are approximately eleven to eighteen (11 - 18) Church softball teams, Little League teams, Club teams which use the Ballfield area for convenience and various teams are using the area more and more. Mr. Huff further explained in August, the Church has a Community Movie Night and there is an average of 500 people in attendance and wants to utilize both Fields. With this year, there are approximately 269 children who have enrolled and 150 children do not attend IBC and the feasibility of having a Fall Season.

A question was asked by a Commissioner about the start up time. Mr. Huff responded the games start on Saturdays at 9:00 a.m. and could go to early afternoon and added the Field closes down before it gets dark.

A question was asked by a Commissioner regarding the sprinkler system. Staff responded a person cannot alter a Building and Staff has to review the Plans to see if acceptable i.e. the foundation, plumbing, electrical connections, etc.

A question was asked by a Commissioner about the color(s) of the Building. Mr. Huff distributed photographs and stated the Building is still the original off-white color and will paint it, if approved to match the rest of the buildings. Staff also distributed a letter from IBC dated April 29, 2008, to the Commission for consideration.

Staff explained regarding the sprinkler system, if the Commission accepts the Extension with the fire sprinklers, add a COA and Staff will check with Building and Safety. A comment was made by a Commissioner the Building is there by Right of Zone, but not with Building and Safety as a permanent structure and reiterated it is a non-conforming Building and the Use has expired. Staff explained the non-conformance with Zoning Standards and that the Building lacks fire sprinklers.

Discussion ensued between the Commission, Mr. Huff and Staff regarding the sprinklers and retrofitting the Building in order to meet the Codes. Staff explained how the Building was originally approved as a temporary structure without sprinklers. This is a health and safety issue and concerns with liability. Planning has no problems with the Extension, but reiterated the concern with health and safety issues. A comment was made by a Commissioner if something happens next week, both the City and Planning Commission could be held liable. Another Commissioner stated have the Fire Marshall look at it and how the Codes are in place to save lives. Staff responded and indicated Staff will have Building and Safety Staff talk with Mr. Huff and the Applicant's Contractor to see what system would be used and recommended to the Commission to defer the Extension for the Modular Building to June, 2008.

Discussion ensued regarding to expedite the process if the Building needs fire sprinklers. Staff recommended to the Commission to separate the Building from the Ballfield and the Commission was acceptable to Staff's recommendation.

Chairman Haller asked if anyone else would like to speak on the item. Seeing none, and there being no further questions of the Applicant or Staff, or discussion amongst the Commissioners, Chairman Haller closed the Public Hearing portion for the Recreational Field Facility and leave open the Public Hearing portion for the Modular Building and then called for the question.



A Motion was made by Vice Chairman Hamerly and seconded by Commissioner Gamboa to Adopt Resolution No. 08-12 Approving an Amendment to Conditional Use Permit 01-002 and Site Plan to allow a Temporary Recreational Field on the Site, subject to the Conditions of Approval.



Motion carried on a 4 - 0 vote with Commissioner Willhite absent.



Discussion ensued between the Commission, Mr. Huff and Staff regarding the Fire Marshall and Building and Safety review the Plans and direct the Applicant to return with a Conceptual Plan by the June 3, Meeting. Mr. Huff responded he could commit to that.





A Motion was made by Vice Chairman Hamerly and seconded by Commissioner Gamboa to continue the Extension of Time for the continued use of the existing Modular Building, pending technical submittal, to its June 3, 2008, Regular Meeting.



Motion carried on a 4 - 0 vote with Commissioner Willhite absent.





(Note: Commissioner Willhite returned to the Dais at 7:19 p.m.)





5.0 LEGISLATIVE

5.1 Final Annual Review of the City's current Housing Element of the General Plan (July 1, 1998 - June 30, 2005 Planning Period) in accordance with Government Code Section 65588. The location is City-Wide.

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

City Planner Mainez distributed two (2) Tables / Graphs to the Commission and explained them and then gave the presentation from the Staff Report. He stated the new construction includes Jeffrey Court, Gardner Projects, the Golden Triangle Policy Area, and will send a draft to the State by the end of June, 2008. He then explained there will be a Workshop on May 15, 2006 and how to get the 2014 deadline for the residential numbers. City Planner Mainez then distributed the Workshop Notice and invited the Commission to the Workshop and further explained the item is tentatively scheduled for Public Hearing with the Planning Commission and how Chairman Haller will return in December. He explained the Base Line Policy, Town Center, and the how the Applicant had a Neighborhood Meeting for the Specific Plan located in the Golden Triangle Policy Area and had mailed out 15,000 cards and received 87 responses from the Applicant's survey. The Greenspot Road Improvement Plan, the Airport Overlay Zone, Seven Oaks Policy were also explained. City Planner Mainez then concluded his presentation and asked if the Commission had any questions.

Discussion ensued between the Commission and Staff regarding that currently, there is very little housing stock, the need to rehab existing housing stock, the State only recognizes only new construction and the City not receiving any credits from the State for rehabbing existing housing stock. Setting aside funds and long term covenants on apartments and painting, reroof existing homes and how the City was increased from $5,000 to $25,000 for Grant Programs on income restricted residents were also discussed. A comment was made by a Commissioner there are no covenants on reroof or purchasing apartment units and the feasibility of the City purchasing foreclosed properties similar to Claremont purchasing apartment units and the apartment units average for each year and will be under gross permits were discussed. Staff responded how Staff has not looked at that, but is aware of it and how the City has to use the number what the State dictates to the City.

Further discussion ensued between the Commission and Staff regarding the City's Inclusionary Program through the Redevelopment Agency and how the money is project-related. The increments are based on Low to Moderate increases. A question was asked by a Commissioner regarding in lieu fees used by apartment construction. Staff responded that would be building Low Income housing, in theory. Another comment was made by a Commissioner how some cargo containers are currently being used as housing.

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 recommend to the City Council "Receive and File" the final Housing Element Annual Report for the July 1, 1998 - June 30, 2005, Planning Period.





Motion unanimously passed on a 5 - 0 vote.



Staff explained the Item will now be tentatively scheduled for City Council at its Regular May 13, 2008, Meeting.





6.0 ANNOUNCEMENTS

Staff explained there will be an "Open House" with the Developers on the Greenspot Road Corridor and hopefully, will be well attended. Staff further explained this is not a City sponsored Event, but Staff will be in attendance. A comment was made by a Commissioner stating how some members of the public approached him and thought this (Open House) would be a Public Hearing.

Staff explained the anticipated items scheduled for the May 6, 2008, Design Review Board Regular Meeting at 5:00 p.m. and the Commission's Regular Meeting starting at 6:00 p.m.





7.0 ADJOURN

Chairman Haller explained this will be his last Meeting as he will be on a leave of absence for the next seven (7) months as he is being deployed to Iraq. He then indicated how he would be in Wisconsin for three (3) weeks of training, then to Iraq in mid-June and return in late December, or early January, 2009. He will be located at the Ballad Airport in Iraq and will be working for the Army in the design / construction end with all temporary and semi-permanent construction. Chairman Haller then thanked everyone for all of their support. He then said, hopefully, the Commission will have a quorum! Staff responded and thanked Chairman Haller for his leadership and will keep him in thoughts and prayers for him to keep in touch. Staff added will keep his seat open and for him to be safe.

Staff explained the anticipated items scheduled for the May 13, 2008, for the Commission's Regular Meeting, and the May 15, 2008, Housing Element Update Workshop starting at 6:00 p.m.

There being no further business Chairman Haller declared the meeting adjourned at 7:45 p.m.





Submitted by:





Linda McKeough,

Administrative Assistant III





Approved by:







Richard Haller, Chairman

Planning Commission