MINUTES

PLANNING COMMISSION REGULAR MEETING

JUNE 3, 2008





1.0 CALL TO ORDER

The Regular Meeting of the Planning Commission of the City of Highland was called to order at 6:12 p.m. by Vice Chairman Hamerly at the Donahue Council Chambers, 27215 Base Line, Highland, California.



Present: Commissioners Bob Moore, John Gamboa, Michael Willhite, Interim Commissioner Sam Racadio and Vice Chairman Randall Hamerly



Absent: None



Staff Present:John Jaquess, Community Development Director

Betty Hughes, City Clerk

Lawrence A. Mainez, City Planner

Bruce Meikle, Senior Planner

Sean Kelleher, Assistant Planner

Linda McKeough, Administrative Assistant III



The Pledge of Allegiance was led by Vice Chairman Hamerly.





2.0 SWEARING IN SAM RACADIO AS THE INTERIM MEMBER TO THE PLANNING COMMISSION

City Clerk Hughes swore in Sam Racadio as the newest interim member of the Planning Commission. Both the Commission and Staff congratulated Mr. Racadio as the newest Interim Commissioner.





3.0 REORGANIZATION OF THE PLANNING COMMISSION



3.1 Election of Chairman and Vice Chairman for 2008 - 2009.

Vice Chairman Hamerly identified the Item.

Discussion ensued between the Commission and Staff the election process relative to the feasibility of an interim election due to the Commission's Interim position and Chairman Haller's leave of absence. Comments were made by the Commissioners regarding the Commission prefers to have an interim election for Chairman with respect to Chairman Haller and concurred.

The Meeting was turned over to Community Development Director Jaquess who explained the Election process and opened the nominations for Interim Chairman pending Chairman Haller's return.

Commissioner Gamboa nominated Commissioner Hamerly for Interim Chairman.



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



Motion unanimously passed on a 5 - 0 vote.



Commissioner Hamerly was elected Interim Chairman of the Commission.



Community Development Director Jaquess turned the Meeting over to Interim Chairman Hamerly.

Discussion ensued between the Commission and Staff regarding if the Vice Chairman position also be on an Interim Term or a Regular Term basis. The Commission concurred the Vice Chairman position be a Regular Term.



Interim Chairman Hamerly opened the nominations for Vice Chairman and nominated Commissioner Gamboa for Vice Chairman.

There being no further nominations, the nominations for Vice Chairman were closed.



Motion unanimously passed on a 5 - 0 vote.



Commissioner Gamboa was elected Vice Chairman of the Commission.





4.0 COMMUNITY INPUT

There was none.







5.0 CONSENT CALENDAR

There were no items.





6.0 PUBLIC HEARINGS

6.1 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. (Continued from the May 6, 2008, Planning Commission Meeting.)

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

Assistant Planner Kelleher explained at the Applicant's request, the Planning Commission continue this Item to its July 15, 2008, Meeting.

The Commission concurred and complied with the Applicant's request.



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. (Continued from the May 6, 2008, Planning Commission Meeting.)

Interim Chairman Hamerly 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 6:18 p.m.)



Senior Planner Meikle distributed a letter to the Commission from the Applicant dated June 2, 2008, regarding the Applicant is requesting for an extension of an additional ten (10) years for use of the Modular Building and then gave the presentation from the Staff Report. He explained what had transpired at the May 6, 2008, Meeting. Senior Planner Meikle then concluded his presentation and stated the Applicant is in the audience.

Interim Chairman Hamerly asked if the Commission had any questions of Staff.

Discussion ensued between the Commission and Staff regarding the third paragraph of distributed letter and the Applicant's ten (10) year extension request and relative to the assumption the Building would be maintained in a manner to ensure the health and safety of its occupants. Questions were raised by the Commission regarding liability, viability, cost effectiveness. Staff responded there are two (2) outstanding issues with the Modular Building which are the fire sprinkler system and Development Impact Fees (DIFs). If the Modular Building would be made as a permanent building, DIFs would need to be collected. Staff added the Modular Building was placed on a permanent foundation and the health and safety issue was the fire sprinklers. A question was asked by a Commissioner regarding the $53,000, fire sprinklers, and what other costs. Staff responded there would also be the added costs of preparing Plans, plan check fees, etc.

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 added there would also be additional costs to saw cutting into the pavement, etc. He explained the Building is 8,600 square feet and the maximum period for use of the Building would be ten (10) years. The plans would be temporary and is looking at flexibility to use over the next ten (10) years for growth, space, etc. and to remove the 8,600 square feet (of use of the Building) would be difficult from a Church operations standpoint. Four to five (4 - 5) years would be a realistic time frame. The Modular Building of the Worship Center could then stay in place for availability and would not be relocated to another location on the property and could also then be used as the Staging Area for construction.

A question was asked by a Commissioner regarding the Applicant's Extension request is for ten (10) years and Mr. Huff responded affirmatively.

A question was asked by a Commissioner regarding if the Applicant could request an additional ten (10) years and the Commission could place a Condition of Approval stating there would be no other Extensions. Staff responded affirmatively, but that would be up to the Commission's discretion. Mr. Huff responded he could accept that. Comments were made by a Commissioner the Building would be outdated at that time and the proposed Resolution would need to be revised in order to incorporate not to exceed ten (10) years verbiage in it. Staff responded the use would then go to May 2018, and indicated Staff could modify the Resolution and return with it for the Commission's consideration. A comment was made by a Commissioner not wanting it to be left in limbo and how the Commission wanted assurance. Another comment was made by a Commissioner if that meant a five (5) year with a five (5) year Extension. Staff responded and asked the Commission not preclude and tie the hands of the Design Review Board (DRB) and having to make a Finding (of Fact) with the CUP Master Plan, the Water Quality Management Plan (WQMP) issues, etc. A Commissioner responded and explained to Staff the Modular Building is a temporary building and is one (1) variable of the CUP. Staff commented that Staff does not "want to put words into the Applicant's mouth" giving ten (10) years in the CUP, and is part of the entitlement, if the Applicant constructs the Church in four (4) years.

Another comment was made by a Commissioner in five (5) years, the Occupancy Permit will expire and then what does the temporary structure have. Staff responded the future Planning Commission / Design Review Board will have to deal with this issue and reiterated a temporary use of five (5) years is a "good rule of thumb" and how ten (10) years is going towards a permanent structure. A question was asked by a Commissioner regarding a new structure under the CUP. Staff responded the CUP would have to be modified with a modified Plan, reduce the square footage and talking with Staff. A Commissioner responded and explained to Staff the feasibility if Staff would treat it as a room addition. Staff responded and reiterated a permanent structure requires fire sprinklers and the issue at hand is usage and suggested the Commission should treat the Modular Building as a permanent use and treat as entitlement.

Discussion ensued between the Commission and Staff regarding revising the verbiage in the proposed Resolution and time frame. Staff commented how ten (10) years is excessive and how five (5) years is more of an investment as a permanent building and not a temporary use. A question was asked by a Commissioner regarding if it was five (5) or four (4) years. Staff responded this is a temporary use in the Zoning District and reiterated five (5) years is a temporary time period. On- and off-site improvements were then explained to the Commission.

Further discussion ensued between the Commission and Staff regarding the time frame of five to ten (5-10) years, DIFs, School fees, Phasing of the Master Plan, etc. A question was asked by a Commissioner regarding Staff's opinion of the distributed letter the Applicant requesting ten (10) years and if Staff is unsupportive of the time frame. Staff responded the Extension would be for five (5) years with an annual extension with not to exceed five (5) years based on the Applicant's performance, hardship, etc. A Commissioner responded stating the Applicant will have to work on it. Interim Chairman Hamerly then asked what is the Commission's preference with five to ten (5 - 10) years or five (5) years with an annual extension consideration not to exceed five (5) years.

Discussion ensued between the Commission and Staff regarding whether or not the Commission should proceed forward with the Conditions, as written, or deny, or approve with annual extensions. Staff responded the Applicant could amend the existing CUP and return to the Commission and DRB for review.

Interim Chairman Hamerly asked if anyone would like to speak on the item. Hearing none, he left the Public Hearing open and opened the floor for further discussion amongst the Commissioners.

A suggestion was made by Staff to leave the Condition No. 2, as is, and add the following verbiage. "The Amendment to Conditional Use Permit 01-002 (Condition No. 32) to allow a five (5) year Extension of Time for the use of the Modular Building and shall be void if fire sprinklers are not installed in the Modular Building by September 1, 2008. The Applicant may request additional Extensions of Time on an annual basis for a maximum of a five (5) year period." Staff then asked the Commission if that would be acceptable and the Commission responded affirmatively. Staff then asked the Applicant if that would be acceptable to him and Mr. Huff responded affirmatively.

Interim Chairman Hamerly again asked if anyone 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 the proposed revised COA No. 2 verbiage and provide an expiration date of May 1, 2013, and indicated that it "looks like there is a blank missing there". Comments were made by Commissioners regarding wanting the consistency with the COA and should say, "shall be void if fire sprinklers". A Commissioner responded that was a good catch.

A question was asked by a Commissioner about COA No. 1 and the feasibility of revising it and the time frame. Staff responded to delete COA No. 1 in its entirety and then renumber the following COAs, and the Commission's action Motion would include / state with the COAs, as modified.



A question was asked by a Commissioner about modifying the Title in the Resolution and 2.C. and discussion ensued about revised language. Staff recommend the following: "The Applicant may request additional Extensions of Time on an annual basis for a maximum of a five (5) year period. All subject to the Conditions of Approval, as modified for the Modular Building, and attached hereto."

There being no further questions of the Applicant or Staff, or discussion amongst the Commissioners, Interim Chairman Hamerly closed the Public Hearing and then called for the question.





A Motion was made by Interim Chairman Hamerly and seconded by Interim Commissioner Racadio to adopt Resolution No. 08-14 Approving an Amendment to CUP 01-002 granting a five (5) year Extension of Time for the continued use of the existing Modular Building, as modified with the following:



Resolution

2. C. Based on the Findings and conclusions set forth above, the Planning Commission conditionally approves the Amendment to CUP 01-002 granting a five (5) year Extension of Time for the use of the Temporary Modular Building to May 1, 2013. Subject to the Conditions of Approval attached hereto and incorporated by reference as Attachment "A". The Applicant may request additional extensions of time on an annual basis for a maximum of a five (5) year period.



And subject to the Conditions of Approval, as modified with the following:



Planning COA:

DELETE 1 in its entirety, modify COA No. 2 and then renumber the COAs.

1. This Conditional Use Permit 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 Amendment to the Conditional Use Permit has occurred within thirty-six (36) months from the approval date of the Amendment to Conditional Use Permit 01-002.

b. Where circumstances beyond the control of the Applicant cause delays which do not permit compliance within the time limitation established in this Section, the City Planner may grant an extension of time for a period of time not to exceed an additional twelve (12) months. An Application for an extension of time must be set forth in writing, stating the reasons for the extension, and must be filed with the Planning Division a minimum of thirty (30) calendar days prior to the expiration of the Conditional Use Permit. Such application shall be filed together with the City's processing fee, as established by the City Council.

NOTE: All required on-site and off-site improvements shall be completed and approved prior to final inspection for occupancy.



1. The Amendment to Conditional Use Permit 01-002 (Condition No. 32) to allow a five (5) year Extension of Time for the use of the Modular Building and shall be void if fire sprinklers are not installed in the Modular Building by September 1, 2008. The Applicant may request additional Extensions of Time on an annual basis for a maximum of a five (5) year period.

2. Revisions, modifications or deletions of these Plans must be submitted to the Planning Division and/or approving authority for review and approval. Revisions may require additional review by the Planning Commission or Design Review Board.

3. In compliance with City Ordinance, the Applicant shall agree to defend, at the Applicant's sole expense, any action brought against the City, its agents, officers, or employees, because of the issuance of such approval. The Applicant shall reimburse the City, its agents, officers or employees for any court cost and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at his own expense in the defense of any such action, but such participation shall not relieve Applicant of his obligations under this Section.



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





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





7.0 LEGISLATIVE

There were no Items.





8.0 ANNOUNCEMENTS

Staff explained there will be no Meeting on June 17, but the anticipated items scheduled for the July 15, August 19, and September 2, 2008, Commission's Regular Meeting starting at 6:00 p.m.

Staff requested the Commissioners advise Staff of their vacation schedule. A comment was made how the new Interim Commissioner should buy dinner and Interim Commissioner Racadio responded he would bring something on July 15!





9.0 ADJOURN

There being no further business Chairman Haller declared the meeting adjourned at 6:56 p.m.





Submitted by:





Linda McKeough,

Administrative Assistant III







Approved by:





Randall Hamerly, Interim Chairman

Planning Commission