MINUTES

PLANNING COMMISSION REGULAR MEETING

SEPTEMBER 2, 2008





1.0 CALL TO ORDER

The Regular Meeting of the Planning Commission of the City of Highland was called to order at 6:08p.m. by Interim Chairman Hamerly at the Donahue Council Chambers, 27215 Base Line, Highland, California.



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



Absent: None



Staff Present:John Jaquess, Community Development Director

Ernie Wong, City Engineer

Lawrence Mainez, City Planner

Bruce Meikle, Senior Planner

Sean Kelleher, Assistant Planner

Kim Stater, Economic Development Specialist

Carlos Zamano, Contract Project Manager

Linda McKeough, Administrative Assistant III



The Pledge of Allegiance was led by Interim Chairman Hamerly.





2.0 COMMUNITY INPUT

There was none.







3.0 CONSENT CALENDAR

There were no Items.





4.0 PUBLIC HEARINGS

4.1 An Application submitted by Mr. Young Shin for a Conditional Use Permit (CUP 008-004) for a Fast Food Restaurant with Drive-through Lane (Dairy Queen). An approximate 0.31-acre parcel located at the southwest corner of Base Line and Bonita Drive. (APN: 1201-011-08) Representative: Mr. Young Shin, Applicant

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

Senior Planner Meikle gave the presentation from the Staff Report. He explained the proposed Project's location, historical background and further explained the proposed Project will be reviewed by the Design Review Board for architectural features, landscaping, etc. Senior Planner Meikle stated the Applicant and his Representatives are in the audience, concluded his presentation and opened the floor to any questions the Commission may have.

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

A Commissioner requested Staff provide background of the City Council action as related to the General Plan Town Center and proposed Project which Staff complied with to the request.

Interim Chairman Hamerly 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. Bernie Mayer, Sitetech Engineering, 38248 Potato Canyon Drive, Oak Glen, California, who is the Applicant's Civil Engineer, addressed the Commission. He thanked the Commission for its consideration and Staff's efforts and indicated there are several people in the audience that are the Applicant's various Representatives and then introduced them to the Commission. Mr. Mayer stated he has reviewed the Conditions of Approval and are acceptable to the Applicant. He further explained how the Applicant is under pressure and a time line in order to get the Application through the process and accomplishing the Project. He then requested Planning Condition of Approval (COA) No. 51 regarding the hours of operation be changed from 11:00 a.m. to 9:30 p.m. to 10:00 a.m. to 10:00 p.m. A question was asked by a Commissioner regarding the Applicant's existing hours of operation of the existing Dairy Queen. Mr. Young Shin, who is the Applicant, responded and explained his current hours of operation are Monday through Friday from 11:00 a.m. to 9:30 p.m. and on the weekends from 11:00 a.m. to 10:00 p.m. and then on why with his request from Monday through Sunday from 10:00 a.m. to 10:00 p.m.

Discussion ensued between the Commission, Mr. Shin, Mr. Mayer and Staff regarding the proposed Project's consistency with the General Plan, comparing Bakers Drive-Thru Restaurant hours of operation with the Applicant's proposed revised hours of operation and Staff having no problems with the said revision. The Commission directed Staff to modify Planning COA No. 51 with the proposed revised hours of operation. Interim Chairman Hamerly asked if Mr. Mayer had any further questions or comments and Mr. Mayer responded no and reiterated he is here to answer any questions the Commission may have. A comment was made by a Commissioner the Application is before the Commission because of land entitlement and the proposed detail work is reviewed by the Design Review Board and Mr. Mayer responded he understands that.

A question was asked by a Commissioner regarding the proposed square footage of the Project compared to the square footage and parking of the Bakers Drive-Thru Restaurant. Staff responded Bakers may be a little larger compared with the dining area and explained the parking formulation to the Commission.

A question was asked by a Commissioner regarding the proposed vehicle stacking compared to Bakers. Staff responded Code requires six (6) up to the Drive-Thru window and the Applicant has done that.

Discussion ensued between the Commission and Staff regarding full access from Bonita Drive and no access on Base Line in order to minimize corner curb cuts onto Base Line. The Applicant had proposed right in / right out access on Base Line, but Staff declined. There will be no traffic signal on Bonita Drive.

Further discussion ensued between the Commission and Staff regarding on- and off-site parking for the proposed Project. There would be only emergency parking in front of the proposed Project (on Base Line) and how people could park on Bonita Drive.

Interim Chairman Hamerly asked if the Commission had any further questions of the Applicant. Hearing none, he then asked if anyone else would like to speak on the Item. Hearing none, Interim Chairman Hamerly left the Public Hearing open if anyone else would like to speak on the Item and then opened the floor for discussion amongst the Commissioners.



The following are comments made by the Commissioners: 1) parking will be a problem with the residents on Bonita Drive; 2) Bonita Drive is not a wide street; 3) the Applicant has four (4) spaces beyond the Code's parking requirements ; 4) the lot is too small for the proposed Project, but will not deny it just for that; 5) previous comments were the house located behind (southwesterly) of the Project, walls and lighting, and; 6) the feasibility of the Applicant contacting the property owner to acquire the (southwesterly) property. Staff clarified the lot adjacent to the south is Zoned Commercial and has some potential to develop.

The following are comments made by the Commission to the Applicant regarding DRB consideration: 1) the proposed Project is a compact / small site; 2) look at the Landscaping Plan, since there is not much on-site opportunity, and; 3) encourage to make the landscaping appear more dense for screening purposes.

Interim Chairman Hamerly asked if anyone else would like to speak on the item. Hearing none, he then closed the Public Hearing and there being no further questions of the Applicant or Staff, or discussion amongst the Commissioners, Interim Chairman Hamerly then called for the question.



A Motion was made by Interim Commissioner Racadio and seconded by Vice Chairman Gamboa to:



1. Adopt a Mitigated Negative Declaration for the Project and instruct the City Clerk to file a Notice of Determination, and;

2. Approve Resolution No. 08-021 approving Conditional Use Permit 008-004 for a Fast Food Restaurant with a Drive-Through Lane, subject to the Conditions of Approval, as amended with the following:



Planning COA

51. (NS) Hours of Operation shall be limited to the following:

Use Open Close Day(s)
Fast Food Restaurant with Drive-thru Lane 10:00 a.m. 10:00 p.m. Monday through Sunday


Motion unanimously passed on a 5 - 0 vote.





4.2 Tentative Tract Map 16295 (TTM-008-003); A proposed Subdivision of fourteen (14) adjoining parcels totaling approximately 34.5 acres, into thirteen (13) Single Family Residential Lots, four (4) Lots for the Jerry Lewis Community Center, Sam J. Racadio Library and Environmental Learning Center, Community Park, and Corporation Yard each; and one (1) Lettered Lot for Right-of-Way dedication (Lillian Lane Extension). (City Council's Community Development Department Work Program Item No. 11.) The Project is generally located at the southeast corner of Central Avenue and Hibiscus Street. APN's: 1192-591-01, 02, 03 and 1192-611- 03, 07, 26, 27, 28, 29, 30, 31, 32, 33, and 34. Representative: Kim Stater, Economic Development Specialist, City of Highland Redevelopment Agency , and Carlos Zamano, Consultant Project Manager, Willdan Associates.

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

Assistant Planner Kelleher gave the presentation from the Staff Report. He explained the proposed Project's location, the historical background and various components of the Subdivision, as well as the Single Family Residential Lot design. He further explained this was to allow funding of leasing the Sam J. Racadio Library and Environmental Learning Center. In addition, Assistant Planner Kelleher explained the DRB's comments to the Commission, including Staff's resolution of the Board's concerns, which included, but not limited to the following: 1) the landscaping of trees on the west side of the street which currently, there is a sidewalk there. Staff had spoken with the City Manager and RDA and the COA could be implemented with the thirteen (13) Single Family Residential Lots, at the time of development. He then concluded his presentation.

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

A question was asked by a Commissioner regarding the transfer of a Park use Covenant. Staff responded it was.



A question was asked by a Commissioner regarding the property has to be used for public uses and if there are any covenants. Staff responded the Park use must continue indefinitely and that another Staff member has been working with Sacramento regarding this issue and further explained the process of transferring the Park covenant to the Commission.

A comment was made by a Commissioner how the lower half of the Project could not be developed residentially because of the Park restriction. Staff responded that is correct until such time the covenants is transferred.

A question was asked by a Commissioner if there was a missed opportunity with respect to affordable housing. Staff responded this was a City Council / Redevelopment Agency decision and proceeded to explained the covenants with the Single Family Residential Lots being bought / sold is difficult to administer with homes maybe having the original buyer, then possibly with future two (2) or three (3) buyers and how there is no significant return. Can limit the covenants to rental projects for affordability. A comment was made by a Commissioner how the covenants should be recorded. Staff responded multi-family rentals. The Commissioner responded it had been done with the Gardner project(s). Staff responded regarding the difficulties with this. Staff added and explained the Inclusionary Housing Fee to the Commission. A comment was made by a Commissioner in lieu of the Inclusionary Housing Fee, and the Commission is talking about one (1) unit and fifteen percent (15%) is inadequate and have the City step up and set an example and to do it right. Staff responded how it was discussed and explained the City Council's rationale to the Commission. A comment was made by a Commissioner regarding having maximum returns is passed on to future owners. A question was asked by a Commissioner regarding the wording of the Goals and Objectives of the housing types / products and if it is "shoe horning" multi-family certain housing types and explained how a large family won't fit in a one (1) or a two (2) bedroom apartment. A comment was made by a Commissioner stating that was discussed with the City Council a lot and if the Council's issue was a maximum return, then they have designed the Tract with 6,500 square foot lots. A comment was made by a Commissioner then that would be substandard lots and the existing lots in the neighborhood are 7,200 square feet.

Discussion ensued between the Commission and Staff regarding the location of Lot "A", along with the location of the curb, gutter, sidewalk, etc.

Interim Chairman Hamerly 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.

Ms. Connie Lykke, 27129 Fleming Street, who is a resident, addressed the Commission. She stated that she is not for / against the thirteen (13) Single Family Residential Lots and wanted to point out issues to the Commission. Ms. Lykke said she resides on the east side of the proposed Project at the intersection of Fleming/ Cole for over twenty (20) years. She said as a positive note, she asked if this will include wall building along the back side of the homes, in order to prevent dirt bikes, cars, trucks, etc. into the City Creek Wash. With this Project, that area would no longer serve as a dumping ground and may deter taggers. Cars are parked in front of the proposed Project for people using for soccer, and Park usage and reiterated there is access to City Creek Wash. On the negative side, Ms. Lykke asked who will purchase the proposed homes. The Commission needs to consider there is so much traffic there now for Park access and more if homes are proposed there now. People are constantly parking on Hibiscus, Lillian Lane, and vehicles across the sidewalk (the dirt piece). Ms. Lykke reiterated she is neither for / against the proposed Project and how she walks over to the area, along with the Library, and other components all the time and then thanked the Commission for its time.

Interim Chairman Hamerly asked Staff regarding the wall issue. Staff responded regarding the disposal of the property and indicated to have the Map prepared as a Final Map and sometime in the future, prepare a bid to go out to developers for the property when completed, will be a private developer, as Staff has been advised, at this time. With regards to parking along Lillian Lane on both sides of the street, there is sufficient parking within the parking lot and can understand people wanting to park close to the activities they want to participate in. Staff added the homes' rear yards will be surrounded by a block wall design and explained how the Code has been recently updated and how the block wall will be bonded. A question was asked by a Commissioner regarding the planting of block walls relative to Mitigation Measures. Staff responded that will be done through the design review process and the timing of the development. The DRB requires to limit / restrict access and Staff is not proposing any access there and explained the future graffiti will be a problem.

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

Mr. Paul Weaver, 24966 Vine Street, Highland, California, who is a resident, addressed the Commission. He asked about the proposed Project to be located on Vine / Union and wanted to comment on it and how he enjoys the mountain view. Staff responded and indicated that Project is tentatively scheduled for September 16, 2008, and Staff provided him with a business card. Mr. Weaver then thanked the Commission.

A question was asked by a Commissioner regarding parking and if it would be appropriate to make it a provisional for the street as "No Parking" or "Permit Only" only on the east side of the street because there would be no guest parking for the homes. Staff responded if the future, the SFR owner could addressed that issue at that time and approach City Council. There is a procedure in place similar to School parking and City Council could resolve it.

The following are comments made by the Commissioners: 1) parking is a problem and someone may go up into someone's driveway in order to turn around; 2) if parked illegally, can call the Police; 3) have Permit parking only on the ease side and establish it now; 4) the road is wider on the west side; 5) consider Permit parking now, rather than waiting for people complain and go to the City; 6) there is a sixty foot (60') street frontage and is an aggravation factor; 7) the feasibility of parking there for a few months or a year and see what happens from there. Staff responded the cul-de-sac can be offset, upon Commission approval, the street is designed as a regular street and does not pose as a "No Parking" and reiterated there is an established procedure with the Public Safety Subcommittee. The sixty foot (60') street width is a standard street frontage width.



A question was asked by a Commissioner regarding construction traffic only and another Commission commented how it is a half street now. Staff responded the contractor can phase the work and explained that procedure to the Commission and concerns with Public Safety enforcement. With regards to the "No Parking" restriction, the people have a right to contact the Police and respond to that call and Staff does not take this lightly.

A question was asked by a Commissioner regarding the Tract review its proximity to the recreational facility. Staff responded how the City reviewed a similar situation where there is a School next to a tract and how street corners will affect the crosswalk. If the Commission wants to add a COA, that is acceptable to Staff. Staff added the COA is along long term / maintenance and is appropriate for the City Council to resolve. Staff suggested with the Commission's specific concerns, make that as a separate Motion action for the City Council to consider.

Discussion ensued between the Commission and Staff regarding the Park's closing hours. Ms. Lykke responded there is a sign posted indicating 10:00 p.m. and there are lights there. A concern was made by a Commissioner by 10:00 p.m., you would have people starting up their vehicles and be leaving by 11:00 p.m. Another Commissioner said if the lights go out by 10:00 p.m., a person would be out of there quickly.

A Commissioner had made the following comments / suggestions: 1) have the design of the cul-de-sac be located where the Park is located across the street, 2) restrict access to Lillian Lane / City Creek Wash area; 3) there would be more eye to view potential vandalism; 4) to the east, didn't want to back up the Single Family Residential Lots to the Park; and; 5) pricing will be an issue. The Single Family Residential Lots will be facing the Park and will enjoy that view, and reiterated to restrict access. A comment was made by a Commissioner in that the Park would be more secure.

Interim Chairman Hamerly asked if anyone else in the audience would like to speak on the Item.

Staff wanted to clarify to follow the Tract Map with as submitted, and the COAs, as submitted and make a separate Motion for the added COA. The Commission understood it that way.

Interim Chairman Hamerly 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, Interim Chairman Hamerly closed the Public Hearing and then called for the question.



A Motion was made by Vice Chairman Gamboa and seconded by Interim Commissioner Racadio to:



1. Adopt a Negative Declaration and direct Staff to File a Notice of Determination with the San Bernardino County Clerk of the Board, and;

2. Adopt Resolution 08-020 approving Tentative Tract Map 16295 (TTM 008-003), subject to the recommended Conditions of Approval, and the Findings of Fact.



Motion unanimously passed on a 5 - 0 vote.



Interim Chairman Hamerly asked about the parking issue on Lillian Lane for City Council consideration.





A Motion was made by Interim Commissioner Racadio and seconded by Vice Chairman Gamboa to recommend to the City Council to consider (at the same time,) some type of parking restriction to be located on the east side of Lillian Lane, along with the construction traffic for Tentative Tract Map 16295 (TTM 008-003).



Motion unanimously passed on a 5 - 0 vote.







5.0 LEGISLATIVE

There were no items.





6.0 ANNOUNCEMENTS

Staff distributed a Memo to the Commission explaining the tentative Items to be considered at the Regular PC Meeting on September 16, 2008.

Interim Commissioner Racadio stated he will bring the caramel popcorn next time!





7.0 ADJOURN

There being no further business Interim Chairman Hamerly declared the meeting adjourned at 6:59 p.m.





Submitted by:





Linda McKeough,

Administrative Assistant III





Approved by:





Randall Hamerly, Interim Chairman

Planning Commission