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Home My WebLink About2009/04/22 - Agenda Packet - Planning Commission A • • THE CITY OF RANCHO CUCAMONGA • _ � PLANNING COMMISSION LJ AGENDA CUCAMONGA APRIL 22, 2009 - 7:00 PM • Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL To ORDER Roll Call Chairman Fletcher Vice Chairman Munoz Stewart_ Howdyshell _ Wimberly _ • I II. ANNOUNCEMENTS I • III: APPROVAL OF MINUTES April 8, 2009 Meeting Minutes IV. CONSENT CALENDAR • The following Consent Calendar items are expected to be routine and non-controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. V. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. • • 1 of 4 ;�� PLANNING COMMISSION AGENDA APRIL 22, 2009 RANCHO CUCAMONGA A. VARIANCE DRC2009-00195 - TRICKETT - A request to reduce the building-to-building separation from 20 feet to 15 feet in order to allow an existing 70 square foot shed that was built without a permit and is located within the Low Residential (L) District of the Etiwanda Specific Plan and is part of a single-family residential housing tract that was developed using the Optional Development Standards at 13755 Pelican Drive -APN: 226- 512-38. Staff has determined that the project is categorically exempt from . CEQA review and qualifies as a Class 5 exemption under State CEQA Guidelines Section 15305. The project consists of reducing the required building separation by 5 feet and will not result in any changes in land use, density or create a new lot. VI. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. • VII. COMMISSION BUSINESS/COMMENTS VIII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING TO DISCUSS PRE-APPLICATION REVIEW DRC2009-00261 - RJM DESIGN GROUP INC. I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 16, 2009, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. • 2 of 4 A • y' PLANNING COMMISSION AGENDA Lal APRIL 22 2009 RANCHO r CUCAMONGA If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the • staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. • Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners: All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m.to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may . appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a • 3 of 4 • s^ • jraA PLANNING COMMISSION AGENDA APRIL 22, 2009 RANCHO CUCAMONGA fee of$2,039 for maps and $2,141 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonua.ca.us • • 4 of 4 Vicinity Map • Planning Commission Meeting April 22, 2009 PJ SPHERE O F INFLUENCE we J W zt W w A a .�— HILL,IDE 41 LU WIL '0N = 4 ck.ca 0 I.. Sr 0 0P ■ 210 / ■ ,��_�{210 • 19TH r- , BASELINE II \ .+; � I CHURCH �■al=. 4 FOOTHILL LI 8TH 2 y KE 1 M' U *4 I 3 _i cr W 4TH n A * Meeting Location: City Hall 10500 Civic Center Drive • a STAFF REPORT • PLANNING DEPARTMENT I J RANCHO CUCAMONGA Date: April 22, 2009 To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP Planning Director By: Tabe van der Zwaag, Associate Planner • Subject: VARIANCE DRC2009-00195 - TRICKETT — A request to reduce the building-to-building separation from 20 feet to 15 feet in order to allow an existing 70-square foot shed that was built without a permit, and is located within the Low Residential (L) District of the Etiwanda Specific Plan and is • part of a single-family residential housing tract that was developed using the Optional Development Standards at 13755 Pelican Drive-APN: 0226-512-38. BACKGROUND: On April 22, 2008 a Building Inspector for the City observed that construction • was occurring at the applicant's home without a building permit and posted a 30-day Stop Work Notice at the site. The applicant was informed that permits were required and that all construction must cease until permits were issued. At the time the Stop Work Notice was issued, the unpermitted construction included four (4) structures: 1) 160-square foot solid roof patio cover; 2) an attached fireplace; 3) a detached 116-square foot storage building; and 4) 70-square foot storage building attached to the main house. • On April 23, 2008, the applicant applied for a building permit for the detached patio cover. The Planning Department reviewed the request and determined that the patio cover exceeded the maximum lot coverage permitted within the Low Residential District of the Etiwanda Specific Plan and a correction notice was issued. Staffs determination was based on the fact that the applicant's housing tract was developed using the Optional Development Standards, which are silent on lot coverage; therefore, staff used the maximum lot coverage of 30 percent outlined in the Basic Development Standards of the Etiwanda Specific Plan (all the houses in the tract were developed with a lot coverage that was 30 percent or less). Over the next eight months the Building Department and the applicant exchanged a series of letters regarding the unpermitted structures, (See Exhibit C). The applicant was set to appear in court for an Arraignment Hearing on February 10, 2009, which was continued until March 17, 2009. On that date the hearing was once again continued for 45 days to give the applicant time to complete the Variance process. The applicant submitted a request for a Minor Exception to overcome the lot coverage issue on February 19, 2009. Staff did more of an investigation into the lot coverage issue and determined that the Basic Development Standards lot coverage should not have been used for a housing tract developed using the Optional Development Standards. With the lot coverage • issue settled, staff was able to approve the applicant's permit for the 160-square foot detached patio cover and fireplace. It was also determined by the Building Department that a permit was not required for the detached 116-square foot storage building because it did not surpass the 120 square foot permit size limitation. With these permits issued and applied to the code Item A PLANNING COMMISSION STAFF REPORT DRC2009-00195—JEFFREY TRICKETT April 22, 2009 • Page 2 exemption to the 116-square foot storage building, the only remaining non-exempt, un-permitted structure was the 70-square foot attached storage building. The Building Department requires that all structures attached to the main dwelling unit obtain a building permit. The Planning Department was unable to approve a permit for this structure because the Optional Development Standards requires a minimum side-to-side building separation from the neighboring house of 20 feet. The attached storage structure is 15 feet from the neighboring house. The applicant was informed of this issue and he submitted a Variance request to reduce the building separation setback by 5 feet on March 4, 2009. ANALYSIS: The applicant's home is Lot 56 of Tract Map 14759-3 and is in the Low Residential District of the Etiwanda Specific Plan. The original subdivision was developed using the Optional Development Standards. The Optional Development Standards allow the City to consider subdivisions with smaller lot sizes in exchange for the developer making 30 percent of the site common open space. The Etiwanda Specific Plan requires that lots using the Basic Development Standard have an average lot size of 15,000 square feet with maximum lot coverage of 30 percent. The Optional.Development Standards allow up to 4 lots per acre with no maximum lot coverage, provided each developed lot has a minimum 1,000 square feet of • Common Open Space. The applicant's lot is 6,753 square feet. The Optional Development Standards also have different building setback requirements from the Basic Development Standards. While the Basic Development Standards require that each dwelling unit have a combination of 20 feet of setback from the side property lines (i.e., 10 feet • and 10 feet or 5 feet and 15 feet, etc.), the Optional Development Standards require a building separation of 20 feet from the dwelling unit on the neighboring lot. The subject storage building is setback 15 feet from the house on the lot to the east, which is 5 feet deficient of meeting the 20 foot building setback standard. The Development Code states that "if an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be considered an addition to the main building" (Section 17.02.140C). Therefore, the unpermitted, attached storage structure must meet the minimum building separation requirements of the planning area in which it is located. It should be noted that not all the existing houses within the development meet the 20 foot building separation requirement, with many veranda roofs encroaching into the 20 foot separation 2 to 3 feet. Due to this inconsistency, staff will grant a Minor Exception for up to a 2 foot reduction in the building separation requirement for all houses within this housing tract. The applicant states in his Variance request letter that he was unaware that attached storage structures were treated differently than detached storage structures. The applicant states he followed the City's guidelines for detached accessory structures, which require that detached storage structures over 6 feet in height be 5 feet from the property line. He feels that he has gone through extra effort to have the storage structure match the finish and roofing material of the existing house and that the structure should be permitted to remain. The applicant has included letters from neighboring property owners stating that they do not have an issue with the subject accessory building. VARIANCE GUIDELINES: Variances give the City flexibility from the strict application of development standards when special circumstances exist pertaining to a property, such as size, • shape, topography, or location which will deprive the property owner from privileges enjoyed by other property owners in the vicinity. Prior to granting a Variance, the Planning Commission A-2 PLANNING COMMISSION STAFF REPORT DRC2009-00195—JEFFREY TRICKETT • April 22, 2009 Page 3 must make legal five findings which substantiate that the Variance meets the intent and limitations set forth in Section 17.04.040 of Development Code (See exhibit F). SUMMARY: The applicant is requesting a Variance for a 5 foot reduction in the required building separation for an existing 70-square foot attached storage building. While staff feels that it is justifiable to approve an up to 2 foot Minor Exception due to the building separation inconsistencies within the tract, staff seeks Planning Commission direction before recommending any greater reduction. The Commission should consider in its analysis whether or not the applicant's request meets the purpose and intent of the guidelines for approving a Variance. The Commission should also consider that the granting of the Variance for the reduced building separation will become a precedent that could be cited by other applicants or residents who are seeking building permits for accessory structures or additions that do not meet specific standards in the Development Code and/or applicable specific plans. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot plus radius of the project site. A total of 12 notices were mailed. No direct public comments to staff have been received. • RECOMMENDATION: Staff requests that the Planning Commission 1) consider the applicant's request for a Variance and 2) provide direction and input to staff to come back to a future Planning Commission meeting with a prepared Resolution with findings supporting or denying the applicant's request based upon the Commission's direction. Respectfully submitte , i 4 / Jam: Troyer, AICP Plann ng Director JT:TV\ds Attachments: Exhibit A- Site Plan Exhibit B - Site Photographs Exhibit C - Chronology of Applicant — City Communications Exhibit D - Applicant Letter Requesting Variance Exhibit E - Neighbor Letters of Support Exhibit F - Development Code Variance Requirements • • A-3 S SW? & Str e-fr g I W • �: l la 30 • \ • ` r_.- ., . 3 5Ar iv xs^' Al. Pro FoSedC cintv+na/ Sjvr s' rsr —ti i 0 6& 61' IJ T-5 \It Z7 I") ' 7xio• FYSr1 S ALi 54-i.)^ ft g(4'St �' (---- ' )I 0 Cz SL -pCtS-° wed( 13 ,. t) J • Cover c t EYish+J - . 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'''' !.I 1..';':.'. ''...!t■fif,'.it'.AVH11;11 '11'...'_, . . . . .L.• •. :--'-' <:f..:1.' ;‘,.,''!'',} 11/4.t■*.`'.11 1 III • '7':. . 1 .i. . ,....).' ' .;,-.s..-, .,,,,,,ii).,,l■i i .. ' ', I t, 'r ,.- .:. . - . ';'::: - . ._.• . :.',2.i-'4 .. - ''rt.-,...:=.5,-.1,.1. t • • ... •.,-1 ,.._,.. .0.-,...,. ... . . ...... . "• , . . - ;•:.'.1.... . 1; . • - it, i • - , ‘. , __.,...;.;4 - ,, . ,,; : 444 -- .,,,6 ,--, .......71 .1 14...,4. ki 4 - 3 ... - . .- ,•i•''' : . .:',;. ; '' ------ 'N',-) A—6 • • CHRONOLOGY for 13755 PELICAN Rancho Cucamonga, California f�I CODE SECTIONS: DESCRIPTION: Section 105 CBC Permits required Section 106 CBC Plans and specifications Section 108 CBC Applicable fees Section 109 CBC Inspections required Section 115 CBC Unsafe building or structures • CHRONOLOGY: Brief History: Three new structures underway in the backyard. All appear under 120 sq. ft., two appear within 5' of property wall and one is attached to side of house. DATE: ACTION: April 22, 2008 Complaint made by Building Inspector, Ray Slater who observed the construction while in the neighborhood. Stop Work notice posted; thirty days to obtain permits June 9, 2008 Planning denied permit request; exceeds lot coverage. . June 10, 2008 New pictures taken to show all structures. New structures added since original inspection date of 4/21/08. New structure appears to be a fireplace. Roof sheathing added to original structure. June 12, 2008 "Letter of Notice" sent advising owners to obtain permits by 7/7/08. July 7, 2008 Owner sent letter to Mayor Kurth justifying the structures. Second "Stop Work Notice" posted. July 8, 2008 "Final Notice" sent; final compliance date of 7/28/08. July 14, 2008 Letter received from owner to Jim Waters stating his • case for the structures. • July 17, 2008 Second complaint received regarding patio without permit. Plans for patio currently in plan review. July 22, 2008 Second letter to Jim Waters from the owner. August 22, 2008 Letter from owner sent.to City Planner, James Troyer. September 18, 2008 3200.00 citation issued to the owner and a repeat of the admonition of stop work and obtain permits. • November 4, 2008 Discussed complaint with Jim Waters. Need to speak ' with City Prosecutor regarding this issue. EXHIBIT 1IBIT C • A January 9, 2009 Jim Waters received letter from Mr. Trickett Via e-mail. • January 14, 2009 Letter sent to Mr. Trickett(USPS) from Jim Waters acknowledging receipt of the e-mail from Mr. Trickett. Ir. January 20, 2009 Bench warrant issued for leaving the office conference and not ,. returning (see attached.comments from Greg Palmer). C{i{ January 27, 2009 Mr. Trickett went to court and had the bench warrant resended. Next arraignment on 2/10/09. February 10, 2009 Per John Thomas, request was made to postpone arraignment. Jamar (CP)was informed by me to request arraignment continuance. The following day, 2/11/09, Jamar contacted me confirming continuance request. February 18, 2009 Pre-trial for Trickett set for 3/17/09. • � S • A-8 • • March 4, 2009 Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, 13755 Pelican Drive— Rear Side yard Storage Shed Variance To Whom It May Concern, This letter will provide information on subject Variance request. The project was based on homeowners understanding of Ordinance 772 regarding accessory structures and additions. Our intent was to build a storage shed in the rear side yard area with 5 Ft. set-back per requirements and under the stated 16 Ft. height limit. The shed is 17 Ft. from the adjacent home on our right. As part of our planning, we have tried to make all work match the original house architecture and appearance...as such, we elected to anchor this shed to the side of our home and use the same stucco and roofing as original construction to make the shed appear to be a natural part of the home vs. a dropped in Pre-Fabricated shed one would buy from Home Depot. • Unfortunately, we did not see the portion of ordinance which requires any structure anchored or attached to the primary dwelling to be treated differently than free-standing accessory structures. As we understood this storage shed to be a qualifying "non-permitted" structure, we had moved forward and completed construction. Therefore, we must request approval for a Variance so that we may keep this shed in place vs. having to demolish. I have attached some pictures of other homes in our development that have placed typical Pre- Fabricated Store Bought Sheds in their rear side yards as well as a photo of our shed. I believe anyone would agree that our shed was well executed and is very aesthetically pleasing. We feel that we have benefited the community with this type of improvement and not harmed anyone. Thank you for your favorable consideration. Sincerel , // Je rey G. Trickett 13755 Pelican Drive Rancho Cucamonga, CA 91739 • (909) 463-6277— Home EXHIBIT D A-9 • Letters of Support From Neighboring Homeowners • • EXHIBIT A-10 ify) (t 072 G5 2- `LD • Farust4 Ozz65-( 2s9 August 22, 2008 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue— 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. • Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBQ/Living Area Storage Buildings Sincerely, Ali' CA-{•�e{�.4 . t3710 .oelkcaw de-Ne F vkch cvc4 ,,, C err gig35 • x Signature All raid 7t- 02:z6,5-IzS � • August 22, 2008 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue—13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: • Covered Patio & Outdoor BBQ/Living Area • Storage Buildings Sincerely, Marc Cs X i - Signature • A-12 �n 1 0Zz4S I Z�z- August 22, 2008 • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue— 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBQ/Living Area Storage Buildings • Sincerely, • hitS kikk7 13-i7o Chin O( 12rcvq. AQ tAAGCLV -Otfyl, a 97139 X Signature • A-13 -7 g_e_107) t 07-2- 5--1 2 v • August 22, 2008 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 • RE: Trickett, Building Permit Issue — 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBQ/Living Area Storage Buildings • Sincerely, -72?liet/Xe7, /3725 AaZ//.44/2k,2 /'01767yo ��Z . mac. 9/7.39 l 7 Signature • A-14 Zce 02._67∎ Z�°7 August 22, 2008 • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue — 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBOJLiving Area Storage Buildings • Sincerely, filet n 11(,\1 S 762S 7e,),Ca'i aiu Qc1ni—/13 CL(cc The et `7 t 7 > - x /6144-1" -- Signature • A-15 ianjj August 22, 2008 • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue— 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBO/Living Area Storage Buildings • Sincerely, 41 6 trbuitA Olt id,0S . G,CAkM42I Cry h13Sy X Signature • A-16 H 02�� August 22, 2008 • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue — 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBQ/Living Area Storage Buildings • Sincerely, ' 1.4/112 Z�J GJ K/rC Il/c- L "Los-50,A P cr 72-G r Q/757 Signature • A-17 (Ftt August 22, 2008 V • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 • RE: Trickett, Building Permit Issue — 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBQ/Living Area Storage Buildings • Sincerely, (410 J( o4 ' t0 p(1{1 (401-• f fL- zw,kO Lkailloge a) O4 ornc Signature • A-18 2}-0-ii August 22, 2008 • City of Rancho Cucamonga • 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue— 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBQ/Living Area Storage Buildings • • Sincerely, �f7s 2 (3Its•Cn P[Aw • ¶taftc. n ,AA camole U4 91139 Signature • • A-19 • • August 22, 2008 • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue — 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: • I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBQ/Living Area Storage Buildings • Sincerely, LI ajd- 4 Lwre . EaThDln • (p 055 Pttr" 51 m cL I ROAdi.a Q,U co,,mt-f g e CAA 1739 Ccjcj go?, of-trio Signature • • • A-20 August 22, 2008 • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Trickett, Building Permit Issue— 13755 Pelican Drive, R. Cucamonga, CA 91739 To Whom It May Concern: I am a neighbor of Jeffrey Trickett as noted below and my home is within 660 Ft. of Mr. Trickett's property. This letter is to advise the City that I have met with Mr. Trickett, reviewed his plans and current building activity in the rear yard area of his home. Based on my review, I have no issues with Mr. Trickett's planned improvements at 13755 Pelican Drive, consisting specifically of: Covered Patio & Outdoor BBO/Living Area Storage Buildings • • Sincerely, 113 x Iiif,� Signature • • A-21 Rancho Cucamonga Development Code Section 17.04.040 • B. Public Hearing. The City Planner shall hold a public hearing on each application for a Non- • Construction Conditional Use Permit. The hearing and notice shall be set and notice shall be given as prescribed in Section 17.02.110 Public Hearings. C. Revisions/Modifications. Revisions or modifications of Non-Construction Conditional Use Permits can be requested by the applicant and approved or denied by the City Planner. Further, the City Planner may periodically review, modify, or revoke a Non-Construction Conditional Use Permit in accordance with the procedures of Sections 17.04.030.G. Section 17.04.040 - Variances A. Purpose and Intent. The purpose of this Section is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property in the vicinity and in the same district, (consistent with the objectives of the Development Code). Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges • inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated. B. Authority. 1. The Planning Commission is authorized to grant Variances to achieve these purposes as prescribed in accordance with the procedure in this Section, with respect to development standards such as but not limited to fences, walls, hedges, screening, and landscaping; site area, width, and depth; front, rear, and side yards; coverage; height of structures; landscaping; usable open space; performance standards; and on- street and off-street parking and loading facilities and impose reasonable conditions. Conditions may include, but shall not be limited to, requirements for special yards, • • open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street • improvements and dedications, regulation of vehicular ingress and egress and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; requirements - for periodical review by the Planning Commission; and such other conditions as the Commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the Commission to make the findings required by Section 17.04.040-E. 2. The power to grant Variances does not extend to use regulations. Flexibility to the use • regulations is provided pursuant to Section 17.04.030 (Conditional Use Permit) and Section 17.02.040 (Use Determination). C. Application. An application for a Variance shall be filed with the Planning Division in a form • prescribed by the City Planner. D. Public Hearing. The Planning Commission shall hold a public hearing on each application for a Variance. The hearing shall be set and notice given as prescribed in Section 17.02.110 (Public Hearings). E. Findings. 1. Before granting a Variance, the Planning Commission shall make the following findings that the circumstances prescribed below do apply: a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent • with the objectives of this Code. • • • EXHIBIT17.04.4 6/99 A-22 Rancho Cucamonga Development Code Section 17.04.050 b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do • not apply generally to other properties in the same zone. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone, d. That the granting of the Variance will not constitute a grant of special privilege • inconsistent with the limitations on other properties classified in the same zone. e. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 2. Parking. The Planning Commission may grant a variance in order that some or all of the required parking spaces be located off-site, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met: a. The Variance will be an incentive to, and a benefit for, the nonresidential development. b. The Variance will facilitate access to nonresidential development by patrons of public transit facilities, particularly guideway facilities. F: New Applications Following Denial. Following the denial or revocation of a Variance application, no application for the same or substantially the same Variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation. Section 17.04.050 - Minor Exception • A. Purpose and Intent. In order to provide flexibility necessary to achieve the objectives of the • Development Code, selected site development regulations and applicable off-street parking requirements are subject to Administrative review and adjustment in those circumstances where such adjustment will be compatible with adjoining uses and consistent with the goals and objectives of the General Plan and intent of this Code. B. Authority. • 1. To achieve these purposes, the City Planner is authorized to grant a Minor Exception for the following reasons in accordance with the procedures in this Section and to impose reasonable conditions. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; requirements for periodical review by the City Planner; and such other conditions as the City Planner may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare and to enable the City Planner to make the findings required by Section 17.04.050-E. a. Fence Height. In any district, the maximum height of any fence, wall, hedge or equivalent screening may be increased by a maximum 2 feet, where the topography of sloping sites or a difference in grade between adjoining sites . warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, as generally provided by such fence, wall, hedge, or • screening in similar circumstances. 17.04-5 6/99 • • • A-23 Planning Commission Meeting of f2.-2/57 RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME ADDRESS CITY ITEM 1. /1 3. ,� � in • youtao etw 0 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. • 21. • 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. •