MINUTES

PLANNING COMMISSION REGULAR MEETING

OCTOBER 21, 2008







1.0 CALL TO ORDER

The Regular Meeting of the Planning Commission of the City of Highland was called to order at 6:10p.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

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. (Continued from the October 7, 2008, Planning Commission Regular Meeting.).



(Note: Prior to the Meeting, Staff distributed a proposed Revised Resolution to the Commission.)



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

City Planner Mainez gave the presentation from the Staff Report. He explained what transpired at the Neighborhood Meeting held on October 13, 2008. He further explained the added Conditions of Approval (COAs) to the Commission. He then concluded his presentation and stated the Applicant is in the audience.

A question was asked by a Commissioner what is the difference between Planning COA Nos. 10 and 13. Staff responded COA No. 10 indicates no alcohol shall be served out at the patio area while COA No. 13, indicates no alcohol is permitted out at the patio area and Staff suggested both COAs remain, as proposed.

A question was asked by a Commissioner about Planning COA No. 18 regarding the six (6) month review period. Staff responded how the Commission makes the determination and usually there is only one, six (6) month review for compliance.

A question was asked by a Commissioner regarding Planning COA No. 16, and if there is adequate room for emergency vehicles through the Alley. Have already restricted the employee parking, have "No Parking" signs in the Alley in order to maintain clear access. Staff responded the City is not paying for the signs and that the Alley is a private alley and how the Bar patrons had been parking there. Staff responded the emergency access is not an issue. The trash haulers, emergency vehicles, as well as the Church bus(es) use the Ally, as well as the Auto Repair Shop, etc. and stated they are trying to resolve the complaints with the Bar patrons.

A comment was made by a Commissioner how good it was for the neighborhood residents and the Applicant / Bar owner were able to get together for a meeting.

Another comment was made by a Commissioner from the previous (Commission) Meeting, the Applicant was not going to have any more "Pimp, / Ho," Parties. The Applicant in the audience responded and said it's just a Halloween Party.

There being no further questions to Staff, Interim Chairman Hamerly asked if the Applicant would like to make a presentation. The Applicant declined the Interim Chairman's offer to made a presentation.

There being no further questions to Staff, Interim Chairman Hamerly continued the Public Hearing and asked if there was anyone in the audience who would like to speak on the item.

Ms. Kyle Benson, 6932 Center Street, Highland, California, who is a resident, addressed the Commission. She stated how she is more than happy with the Neighborhood Meeting. There will be holes installed in her fence in case if someone hits it. She is a little leery though with the six (6) month review. So far, there is no late night noise, parking lot noise issues and if there were, the patrons were told they had to come back inside. Ms. Benson indicated it appears the Bar (Owner) is trying and if they can keep it up with what they are doing, she is okay with that.

There being no discussion or questions of the Applicant or Staff, Interim Chairman Hamerly then asked if there was anyone in the audience who would like to speak on the item. Hearing none, he then closed the Public Hearing and opened the floor for discussion amongst the Commissioners.

Staff explained the proposed Revision on Page 4 of the Resolution regarding the Finding of Fact 3.g "Business and Professions Code 239958 Finding of 'Public Convenience and Necessity'" and then read the following into the record:



The proposed Type 48 ABC License (on-site sale and consumption general, beer, wine and distilled spirits) within an approved existing Bar in good standing as a local neighborhood bar, is a "public convenience and necessity". This determination is due to the fact that the Bell Bar is a local neighborhood bar located within the City's Historic District with a 50 year history of serving the community and there are no other eating and drinking establishments within the City's Historic District. In addition, the owner has a firm commitment to the safety of their patrons, as well as the surrounding neighborhood and community.



A comment was made by a Commissioner indicating that it was great for them to get together and the Applicant to provide his cell phone number to the residents and is a marked effort with the Neighborhood.

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

A Commissioner said there was one more concern and Interim Chairman Hamerly reopened the Public Hearing. The Commissioner was concerned about with a Party the Bar would be having. The Applicant responded and said there was a Party there at the Bar Saturday night and parking was an issue and the Bar was full, but there is a vacant lot nearby and will look into an added parking lot. The Commissioner stated he could live with that.

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



A motion was made by Commissioner Willhite and seconded by Commissioner Moore to:

1. Approve Resolution No. 08-022 adopting Conditional Use Permit 008-007 and associated Findings of Fact, as amended, to permit the upgrade of a Type 42 ABC License (On-site Sale and Consumption of Beer and Wine) to a Type 48 (On-site Sale and Consumption of Beer, Wine and Distilled Spirits) for an existing Bar (The Bell Bar) located at 6917 Palm Avenue, and;

2. Direct Staff to file a Notice of Exemption with the County Clerk of the Board.



Motion unanimously passed on a 5 - 0 vote.





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 PC Meeting on November 4, 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 6:28 p.m.





Submitted by:





Linda McKeough,

Administrative Assistant III





Approved by:





Randall Hamerly, Interim Chairman

Planning Commission