MINUTES

PLANNING COMMISSION REGULAR MEETING

OCTOBER 7, 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

Lawrence Mainez, City Planner

Cathy Johnson, Contract Planner

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 CUP 008-007-An Application by Bryce Warren of The Bell Bar for the upgrade of a Type 42 State Department of Alcohol and Beverage Control (ABC) License (On-site Sale and Consumption of Beer and Wine) to a Type 48 ABC License (On-site Sale and Consumption General, Beer, Wine and Distilled Spirits). The Bell Bar is located at 6917 Palm Avenue, on the east side of Palm Avenue just south of Pacific Street. APN: 1200-351-09-0000.

It was noted a letter from Ms. Karsten Polk dated October 2, 2008, which the City received on October 6, 2008, was distributed to the Commission prior to the Meeting.

Interim Chairman Hamerly introduced the Item and call for Staff's presentation.

City Planner Mainez introduced Contract Planner Johnson who will be doing the Staff presentation.

Contract Planner Johnson gave the presentation from the Staff Report. She explained the Application, location and size of parcel, how the Building was built in 1925, under the jurisdiction of San Bernardino County and is now located within the City's Historic District and is a non-contributing property to the District. Contract Planner Johnson further explained the ratio to the Commission, inclusive of the existing six (6) Licenses and there is no undue concentration of ABC Licenses. She indicated the City had received one (1) letter in opposition to the Application, then concluded her presentation and stated the Applicant is in the audience.

A question was asked by a Commissioner there is no active / disciplinary action found, and no percentage of crime or percentage within the District with the Bar, and are only ABC Licenses and Staff responded that is correct.

A question was asked by a Commissioner regarding the difference between Type 42 and Type 48 Licenses and if the "general" definition meant serving food. Staff responded no, and explained the Bar is also currently a café, but does not serve food only, beer and wine. With an upgrade to a Type 48 License, it would mean the Applicant would be able to serve distilled spirits (hard liquor). Regarding the crime concentration, would impair the integrity or character of the District and then cited the Municipal Code Section 16.180.50.E and how the Commission would have to make that Finding of Fact. Staff added the City is recommending approval of the CUP Application, based on the City's Findings.

There being no further questions to Staff, Interim Chairman Hamerly asked if the Applicant would like to make a presentation.

Mr. Bryce Warren, 10946 Cabrillo, Loma Linda, California, who is the Applicant, addressed the Commission. He stated that he has owned the Bar since 2004 and want to be responsible for his business. He has had no problems with the Highland Police Department and wants his business to grow, along with the growth of the City. A question was asked by a Commissioner if the License upgrade increase the number of customers and Mr. Warren responded affirmatively. Another question was asked by a Commissioner there would be no area increase, just volume if the Business would increase and Mr. Warren responded that is correct. He added there is on-site and on-street parking and parking was an issue with a party. A question was asked by a Commissioner the number of parking spaces in the rear and Mr. Warren responded there are ten (10) spots.

There being no further questions to Staff or Mr. Warren, Interim Chairman Hamerly opened the Public Hearing then called people in the audience up to speak on the item.

Ms. Donna Wieden, 7717 Church Avenue Space 74, Highland, California, who is a resident, addressed the Commission. She stated that she has attended Highland Baptist Temple Church for twelve (12) years now and approximately six (6) months ago when leaving the Church, had witnessed a monster truck racing in the alley about twenty t- thirty miles per hour (20 - 30 MPH) and if the guy would have fish-tailed, she would have been "a dead duck" (struck) and he had stopped at the second door. In addition, a couple of years ago, there had been some drug dealers there and all the Highland Police did was to shine their lights and indicated the Police did nothing else so she purchased a ninety pound (90 lb.) Shepard Collie dog for protection. Ms. Wieden also stated how children play at the Church and go down the alley and further stated she has witnessed twice of vehicle racing in the alley. She then asked how grown men can act like that racing down the alley like it is the last beer on earth.

Ms. Coulston Holt, who resides on the corner behind The Bell Bar, addressed the Commission. She stated that she has seen vehicles race up and down and revving their engines. On September 26, 2008, a PT Cruiser tried to go in their back yard. The railroad ties are there and if they weren't the PT Cruiser may have gone in their back yard, the Church bus, or worse. She indicated there is a stipulation for The Bell Bar not to use its back (rear) door for an entrance and is for fire only. There is partying in the back. Ms. Holt further stated she is unable to let her children in the back yard because of the lewdness, vulgar language being used. If the Bar is allowed to have hard liquor, there will be more problems in that the customers will get drunk faster, when the customers are already affecting the neighbors. Ms. Holt further explained how the Bar had signs up a few days ago and Council Member Scott and Mayor Lilburn obtained photographs and is encouraging prostitution. She then thanked the Commission for its time.

Pastor Phil Coulter, 6939 Palm Avenue, Highland, California, who is the Pastor for the Highland Baptist Temple Church, addressed the Commission. He stated that he has been the Pastor for thirty-six (36) years and the gentleman who is currently managing the Bar has been there for four (4) years. He indicated for thirty-six (36) years, there have been problems and hates to pick up feces, trash, etc. The Church has had windows broken out and last summer, a pool cue went through a window. Drunks have gone through the Church and have frightened the female parishioners. Hundreds of gallons of gas has been stolen from the Church bus, and there has been panhandling. People have done donuts in the alley. Pastor Coulter had talked with the Bar Owner four (4) years ago and makes it out the Bar is only a nice neighborhood bar in that the customers are tearing up the Church's parking lot and wanted to see about it and Pastor Coulter indicated his (the Bar owner's) best friend was doing it. There are two (2) rows of railroad ties by the alley and people want to climb them with the PT Cruiser, along with Toyotas, and has burned donuts in the parking lot and is a constant nuisance and indicated how drunks are breaking into the Church Nursery. The customers should stay within the four (4) walls, and the customers were out there partying in July and said how people were urinating outside the building. Vehicles are parked on both sides of the alley and will also park up by the Ice Rink and then will go through the Church property and between twelve midnight to two in the morning (12:00a.m. - 2:00a.m.) There is fighting, cursing. With the Polk family now resides there and is experiencing it. Pastor Coulter further explained how the Bar was advertising a "Pimp / Ho" Party. He had attended the ABC Hearing Meeting and was stipulated were made regarding issues with prostitutes, drugs, drinking and parking and that not using the rear door as an entrance and reiterated how that was stipulated by the ABC authority. Unless the (Bar) Owner abides by the ABC stipulations, there will be a constant problem for the Church with the Bar and further indicated he is opposed to the hard liquor License upgrade.

Ms. Kyle Benson, 6932 Center Street, Highland, California, who is a resident, addressed the Commission. She stated parking is an issue and how people will line their vehicles and an emergency vehicle would be unable to go / pass through. At two in the morning (2:00a.m.), there is Rap music she has come in from work and is unable to sleep. People do not know how to drive and how her fence has been hit and recommended pylon barriers be installed and further talked about the PT Cruiser incident. Ms. Benson further stated how something needs to be done. Hard liquor will make people drink and get drunk faster and indicated she would rather hear a motorcycle than Rap music from a twenty-one to twenty-five (21 - 25) year olds. She further indicated how the alley is used as a drag strip, there is no speed limit posted, and there are dirt clouds and gravel thrown and when the people hit the street, they then slow down. Ms. Benson stated how her mother has lived behind the Bar for sixty-two (62) years, and she has lived there for thirty-two (32) years and she wants the District to maintain its integrity. With regards to the crime statistics, if the Police need to be called (on the Bar), she will not tie up the emergency system. If the Applicant needs to obtain a hard liquor License, it would be better if the business would be relocated.

Ms. Teri Littleton, 3808 Ferndale Avenue, San Bernardino, California, who is a Bartender, addressed the Commission. She stated that she has been a Bartender there since 1994 - 95. She indicated there is no liquor at the back patio and is on camera and patrons are there to smoke. Ms. Littleton further indicated the Bar does not open on Sunday until one in the afternoon (1:00p.m.) and there are no parties on Sunday.

Mr. Warren stated the PT Cruiser and Black Truck (incident) and how the guy came in and was asked to leave and left in the PT Cruiser. The female said how she was being kidnaped and he had viewed the cameras and found out she was lying and only lost and then had the vehicle towed. Mr. Warren further indicated his establishment is for entertainment only and wants to run a good business and added that he, too, is from Highland.

A question was asked by a Commissioner what is the occupancy load and if the number of parking spaces were ten (10). Mr. Warren responded the occupancy load is seventy-five (75) people and the Commissioner is correct about the ten (10) parking spaces. A comment was made by a Commissioner then that would mean sixty-five (65) parked along the street. Mr. Warren responded people walk to the Bar and when they park in the alley, he asks them to move their vehicles along. A question was asked by a Commissioner regarding the width of the alley. Mr. Warren responded he was unsure, but then someone in the audience said approximately thirty feet (30'). If the vehicle is parked in the alley, it would be difficult to pass through, if the vehicle is behind the neighbors to the left, he would also then ask the people to move their vehicles. A question was asked by a Commissioner if there was a "No Parking" Sign located in the alley and Mr. Warren said no. Comments were made by Commissioners included there is life / safety issues, as well as trash / debris in the alley and the feasibility of posting "No Parking" Signs on fences, poles, etc.

A question was asked by a Commissioner regarding the "Party" Banner. Mr. Warren responded and explained the "Party" Banner is for a Halloween Party, and yes, it does say, "Pimp, / Ho, Party but has been done for the past four (4) years. A comment was made by a Commissioner that it was just slang verbiage, and not referring to pimps and prostitutes. Mr. Warren responded no and it is just for a Halloween Party. Another question was asked by a Commissioner regarding the feasibility of distributing flyers, rather than a Banner. Mr. Warren responded and apologized for that and indicated this will be the last one with that. With regards to the flyers concept, he does not want to do flyers because of potentially leaving them outside as trash and he has always advertised / done banners.

A question was asked by a Commissioner regarding the number of parking in back and Mr. Warren responded there are ten (10) spaces and further reiterated and explained the PT Cruiser incident, how the Applicant showed the Police Department the cameras, how the Redlands Police was shown the (video) tape, and then had the Truck towed. A comment was made by a Commissioner in that the parking is insufficient and there are issues with the alleyway, driving and public safety. Mr. Warren responded a possible solution is paving the alleyway, installation of speed bumps.

A question was asked by a Commissioner if there are speakers located on the patio? Mr. Warren responded if the doors are open in the back, yes, someone can hear, but he can turn down the music at a certain time. When the doors are closed, it is hard to hear and stated he wants to be a good neighbor and noise can be taken care of and further stated the music is turned off at 1:45 a.m. He could turn down the music around eleven at night to midnight (11:00 p.m. - 12:00 a.m.) Down to a level four (4), but the music level is usually at a level five to six (5 - 6).

A question was asked by a Commissioner to Staff regarding the feasibility of having the alley surfaced / paved. Staff responded there is a no nexus with the CUP and would need to research about paving for the parking. A Commissioner responded the alley has effects on the neighbors and the alley is a private alley and has a number of owners and burden is on the property owners for making a Finding of Fact within the parking alley. Staff responded it is an existing business and how there are no violations with the current Bar owner and cautioned the Commission because of the alley being a private ownership. A question was asked by a Commissioner if the Commission is over reaching on this issue. Staff responded and stated to encourage Staff and the other (alley) property owners to control and come up with a traffic calming solution. Further discussion ensued regarding "No Parking" in the alley and the feasibility of making the alley a one-way alley come in from the southerly direction and leave in a northerly direction. Staff responded how business owners also access the alley.

A question was asked by a Commissioner with regards to having parties, have the Applicant supply security. Mr. Warren responded in order to have someone in the back, it is either himself or four (4) other guys and indicated people have been good, and if there is a problem, it is taken care of quickly. There are two (2) people always there and added there is no drinking in the back and has been doing this for the past two to three (2 - 3) years. Mr. Warren further stated how he walks around the whole neighborhood three times at night when he is there and will also go around and picking up trash, etc.

A question was asked by a Commissioner if these isolated incidents have happened over years or in the past since he has taken over the business. Mr. Warren responded he remembers the pool cue incident, but has not heard of any incidents before this since he has been there. A Commissioner suggested to the Applicant he encourage and instigate dialog with the neighbors and Mr. Warren said he will do that. He added with the PT Cruiser incident how the Police come quick and was there in about one (1) hour. A question was asked by a Commissioner to Staff and Staff responded how checking the records regarding any complaint records, had contacted the ABC authority, etc. and reiterated there were none and added if no one complains or if there are complaints, that would affect the ABC License. A question was asked by a Commissioner if the Bar ever had a hard liquor License and Staff responded the Bar has always been a beer and wine bar. Then both the Commission explained the process. Staff added if the Commission takes action tonight, there are listed COAs for the Applicant to comply with and if they are not complied with, the Commission can hold a Public Hearing to rescind the CUP and how Code Enforcement and participate in enforcement and if the CUP is removed, Staff would then notify ABC and ABC would withdraw / revoke the License. A question was asked then what can the residents do and Staff responded for them to call the City and advise Code Enforcement if it is a Zone-related issue or the Police if it is a criminal incident.

Staff asked for clarification if alcohol is being served on the patio since the Applicant / Bartender indicated can have alcohol in the back, but someone then is out there. A Commissioner responded that's Planning COAs Nos. 6 and 10 and Mr. Warren added there is a sign stating "No Alcohol Beyond This Point" is posted.

A question was asked by a Commissioner regarding the noise levels and if there is a party, and the door is propped open. Mr. Warren responded the door is closed and the air conditioning is going and added there are restrooms and smoking area are located outside and people may hear music when the door opens / closes.

A question was asked by a Commissioner regarding the patio fencing. Mr. Warren responded the fencing is metal and "L" shaped there is a gap in it right now and will have a wooden fence. A Commissioner suggested the possibility of using the green material fencing would may deflect the noise and Mr. Warren responded he can look into it and also had thought about a brick wall.

A question was asked by a Commissioner about Mitigation Measures regarding noise and outside security by COAs. Staff responded and indicated how that was explored and then explained how the City's Noise Ordinance had been recently updated and the City's General Plan Policy is now acceptable and what could be done if a problem arose. With regards to the wooden fencing, the outside area is just a smoking area, the need to respect the neighbors and the enforcement by the owner, as well as restricting uses interiorly. A Commissioner comments if the Applicant places a restriction(s) at eleven thirty at night / midnight (11:30 p.m. / 12:00 a.m.) and confines the interior. Staff responded the Commission may consider an annual / six (6) month review of the CUP, if complaints from the neighbors, the hours of operation for outside use, can pull the right to use the outside patio. A Commissioner responded there is a need to establish a dialog between the property owner and neighbors and is a good practice and then asked/ commented about restricting outdoor activity, sound levels, alleviate parking stresses, add COA(s), and regarding about paving / not paving the alleyway maybe not a COA, but yet wants to increase customers. Staff responded how that can be explored with the Commission and Staff regarding the Noise Mitigation Measure(s) and deflection from certain angles on the north, south and easterly directions.

A question was asked by a Commissioner if the patio covering goes to the property line and Mr. Warren responded no, and stops at approximately fifteen feet to twenty feet (15' - 20') short of the property line. A suggestion was made by a Commissioner about the installation of a Ficus hedge which is a dense plant material and would be a indirect benefit for the smoking area.

A question was asked by Staff regarding the feasibility of restricting the hours of operation outside to ten at night (10:00 p.m.). A Commissioner responded the noise is contained inside the Building, if restricted at 10:00 p.m. and if there is no gathering, may reduce the noise level and people out on the patio is a factor. Mr. Warren added the Bartender goes out and stays with the patrons and if loud, he can tell them with the 10:00 p.m. restriction with the smoking area. There is no smoking in front of the Bar and also with the neighbors smoking across the street (on Palm Avenue) and how the people may place ash trays out there. During the day, the door is open and at night, the door is closed around ten-thirty / eleven at night (10:30 p.m. / 11:00 p.m.).

The following are comments made by the Commissioners: 1) with regards to the speed in the alleyway, there is a COA in the process; 2) the feasibility of the COA and the narrow segment of the alley, of paving and have one (1) speed bump may work; 3) traffic flow is problematic, and; 4) having Staff work with the Applicant and neighbors regarding the alleyway traffic. A question was asked by a Commissioner regarding if this should be continued with the Applicant / Staff and if there is an urgency with the Commission taking action tonight. Staff responded regarding the COA, if related to the business, and if it is, it is proportional. A comment was made by a Commissioner how the issues raised tonight are related to the business. Staff responded with the alley to the north, utilities companies, trash haulers, etc. also use the alley. A question was asked by a Commissioner about the City require "No Parking" Signs and Staff responded to require the property owner work with the City. Another question was asked by a Commissioner if it is a private alley, how about restrict parking in the alley and make it employee parking only and another Commissioner agreed. A concern was raised by a Commissioner then there would be an additional seven (7) vehicles parked in front of the neighbors' homes.



Pastor Coulter stated there is a lot of parking at the Ice Rink and then people walk to the Bar. It is a private alley, and the problem walking from the Ice Rink to the Bar is people are walking through other people's properties and reiterated the ABC's stipulation how no one go in the Bar's back door. Parking is tough up to Pacific Street and then people will also go through the Church's property. He will not call the Police because it has taken them three to four (3 - 4) hours to arrive so he quit. He then said how three (3) men had assaulted someone at 6914 Center Street and the Police, at that time, would not take a report due to overtime. People from the Church have dragged the men out of the Church who have threatened to burn their building (the Church) down. In addition, "druggies" have also come in there and has threaten Church parishioners and the Police won't do anything about it. A question was asked by a Commissioner about the time frame and Pastor Coulter responded with the three (3) incidents, it was about ten (10) years ago when Bill Abernathy was a good Police Chief. Three (3) years ago, people had broken into the Church and was told the Church is a public building and they can do that.

A question was asked by a Commissioner about his thought regarding the parking lot behind the Bar be for employees. Pastor Coulter responded that would be acceptable and indicated he is not against what they are doing, but is against what is going on in the alley and with the neighbors. Another incident was a nude couple in the alley having sex and had called the Police and the Police had come one (1) hour later, and the couple was then gone. Pastor Coulter further stated he resides in Redlands, but there are driving problems and how the dumpster located at the Machine Shop was hit in the alley, drunks have run off in the ditch in the alley and how some drunks have slept there and many of them have a six pack in their vehicle. A question was asked by a Commissioner about the ability to Condition for this. Pastor Coulter responded if employees park there, or walk down from Pacific Street, that might help. At the fence, it was knocked down and then had posts cemented in and how some people have hit building(s) and still amazes him how the two (2) railroad ties are vertical in height and people will try to drive over them.

Mr. Don Yerton, 1216 Kodiak, Lake Arrowhead, California, who is one of the building (the Machine Shop) / property owners there, addressed the Commission. He stated he is the one who installed the cement posts and had concerns with liability if someone is killed, raped, etc. there, if liable in the parking lot or alleyway. A question was asked about the ten (10) parking space area and Mr. Yerton responded the first half of twenty-five feet (25') the Bell Bar owns and the second half of the twenty-five feet (25') he owns. A question was asked by a Commissioner if the common dirt area extends over the area and Mr. Yerton responded affirmatively. Discussion ensued between the Commission and Mr. Yerton regarding property lines.

Ms. Karsten Polk, 6914 Center, Highland, California, who is a resident, addressed the Commission. She is concerned with the hard liquor issue and indicated she has a six foot (6') high fence and people have climbed / will climb over it to get to the Bar and has resided there for three (3) weeks and is from Oklahoma. If the parking is restricted, people will go through her property and has three (3) small children and with the hard liquor, more incidents will happen. Another issue is with the noise and how the Applicant stated the door is not propped open is untrue and if the Commission needed photographs, she would have brought them. Ms. Polk also stated that cameras are not pointed at the patio area, people are out there drinking, laughing, hollering, and restrict the drinking. Other than that, the neighborhood is a quiet neighborhood and has no concern with the fencing / parking. There will be more people, more drunks around her children and is opposed to the License upgrade. People are not there when the Bar is closed; only there when the Bar is open and there will be no integrity while the Bar is there.

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

Mr. Marshall Watkins, 2230 Wild Canyon Drive, Colton, California, who is a Member of the Highland Baptist Temple Church, addressed the Commission. He stated approximately one (1) month ago, about the PT Cruiser incident. Ms. Watkins stated he was headed north in the alley and had to stop because of the two (2) large railroad ties and he was coming from Church, dressed in a suit, moved the railroad ties because someone had tried to drive over them and were strewn across the alley. In Church, people will speed down the alley and no amount of speed, signs, will change it and if someone gets killed, then what. Mr. Watkins stated he has been going to that Church now for eighteen (18) years, even though he resides in Colton. The Bar needs to be closed down before someone gets hurt. He also told of a couple who was having sex behind the Church on the Church's property.

There is a Bar and three (3) Churches in the Historic area and it's a blighted area. He further indicated the Bar is a business, it's awful, but it is a business. A Commissioner responded and indicated he understood their (neighbor's) concerns, but the issue is the they (the Bar / business owner) have rights to stay and stated the Bar has been there for eighty (80) years and is only to upgrade their Permit and how the Commission will try to address the residents' concerns i.e. limit employee parking which may reduce traffic, not use the patio area after 10:00 p.m., unless using the restrooms, and indicated the concerns are beyond the Commission's scope and reiterated is trying to mitigate. The Commissioner appreciated the Pastor and Mr. Watkins' and trying to incorporate the residents' issues.

The following are comments from the Commissioners: 1) is restrict parking, there will be more people in the neighbor's yards; 2) the Commission is aware of the residents' concerns, but need to stick to the current issue with the Permit upgrade; 3) has been a bar owner years ago and knows it is a large investment; 4) if no one calls the Police, it will not have a negative effect on the Bar; 5) regarding the Finding of Fact 3B in the proposed Resolution (Page 2 of the proposed Resolution) regarding the intensity of use is significant in that it could make bad things / situations worse, and; 6) the Finding of Fact 3E regarding public health, safety or welfare, etc., the property being is damaged and is an issue. A question was asked by a Commissioner if making a Finding of Fact a problem if there is an intensification of use. Staff responded that Staff is at a disadvantage and the public record comments will deflect back to the Commission and if there is enough impact or intensify with a slight increase in use. Staff did not have all the public's comments and reiterated it was based on the Police and ABC reports. A question was asked by a Commissioner if it is reasonable to say, to continue to see if the condition improves and issues addressed and keep the patrons under control for the neighbors. But if there is already a problem with the Beer and Wine and adverse impact on the neighbors, how about the possibility of allowing a probationary period. Staff responded how the Commission could allow a six (6) month period and evaluate (the CUP) then in one (1) year, and after that, it is then usually accepted. A question was asked by a Commissioner about allowing a probationary period for a continued Item. Staff responded the Commission could continue the Item, have the Applicant meet with the neighbors, and if the Commission approves the CUP, with a time limit or if the Commission denies it, that will create a problem with the Applicant in obtaining a License and recommended the Commission ask the Applicant about the feasibility of a thirty - sixty (30 - 60) day continuance. A Commissioner responded the clientele will change, and how the clientele has been going there for Beer and Wine and cannot guess if it will get better in six (6) months or in one (1) year and set the conditions if worse, without the License.

The following are comments made by the Commissioners: 1) the expense of the License upgrade and if in thirty - sixty (30 - 60) days, something be done prior to this; 2) have the Applicant meet with the stipulations for a time line and then have the Commission revisit for consideration and some Commissioners said before 3) give the Bar owner time to meet with the neighbors; 4) the Commission is unsure of what impact will be with the new License and is a conjecture; 5) allow a time period, prepare Mitigation Measures and have the Commission revisit for reconsideration. Mr. Warren responded that it was acceptable to a six (6) month probationary period and reiterated he had not heard of anything before this and indicated maybe this is his fault too, and should have checked with the neighbors. With regards to the alley, some may be his customers in taking a short cut or turning around. With regards to the couple having sex in front of the house cannot be on him. With the Police, there are no issues with them. One (1) neighbor had boxes touching her property and how the camera(s) are facing and added how the Police had come out in a reasonable time regarding the PT Cruiser within twenty (20) minutes and what happened was not at his Bar. Mr. Warren reiterated it was acceptable to him with the six (6) month time period. He wants to show the neighbors that it (the Bar) is a good business and how he has concern for his customers to get home safely and added he has even taken some home for them.

Staff reiterated / explained the Commission's alternatives and if the Commission feels that waive period of time and reconsider and not change, or better take action tonight. If the Commission can accomplish with a continuance, that would be fine. A Commissioner responded he has not made up his mind up, at this time and how there are several issues tonight and the feasibility they may be mitigated as how the two (2) Findings of Fact were cited, along with the probationary period and the Applicant may meet with the neighbors.

Discussion ensued between the Commission and Staff regarding the "probation period" definition. Staff responded six (6) months is an extensive amount of time and the Application is long and suggested the Commission to continue this Item to the next Meeting and have the Applicant meet with the neighbors and hammer out the issues, and Staff prepare COA(s). If the Commission is uncomfortable with that, return with a Revised Application.

Further discussion ensued between the Commission and Staff regarding Staff needing two (2) weeks, continuance of the Item and how everyone will be notified, etc. Mr. Warren stated he has been accused of a lot of stuff tonight and some are not from his customers and seems like everything is blamed on his customers in the neighborhood. Seems like thirty (30) days is in escrow for the last three (3) months. There is no Police Report, no ABC Report, and reiterated he is a good businessman and runs a good business and then asked how do we know if this is from his customers. One Commissioner responded with the loud music, noise, etc.

Mr., Warren stated if there is a six pack in a person's car, or crashes in the alley, or if drunk are from his Bar. Another Commissioner added and encouraged the Applicant to continue to inform his neighbors.



A motion was made by Interim Commissioner Racadio to continue this Item until October 21, 2008, in order for the Applicant to discuss issues with the neighbors.



Mr. Warren said the Bar already has a lot of COAs on it. He follows the rules, runs a business and runs it for a good time and not get them drunk.

Ms. Andrea Lara, 10946 Cabrillo Loop, Loma Linda, California, addressed the Commission. She stated she is also a Bartender there and this is the only Beer and Wine bar in the area and wants the Bar to be included. There is not a huge marketing for a Beer and Wine and with the License upgrade, the Bar would be able to accommodate the customers' existing spouses who would rather have something other than Beer or Wine.



Seconded by Commissioner Moore.



Motion unanimously passed on a 5 - 0 vote.



Interim Chairman Hamerly then thanked the audience and explained what had just transpired. It was noted Staff had started a list in the back of the Chambers for notification.







5.0 LEGISLATIVE

There were no Items.





6.0 ANNOUNCEMENTS

Staff distributed a Memo to the Board explaining the tentative Items to be considered at the Regular DRB Meeting on October 21, 2008.



Staff explained this is National Community Planning Month.





7.0 ADJOURN

There being no further business Interim Chairman Hamerly declared the meeting adjourned at 8:05 p.m.





Submitted by:





Linda McKeough,

Administrative Assistant III





Approved by:





Randall Hamerly, Interim Chairman

Planning Commission