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Councilmember Moylan returned to the dais.
Mayor Spitaleri asked City Attorney David Kahn if Agenda Items 3 and 4 could be combined into one item. City Attorney Kahn stated Council could combine these items; however, the record would be cleaner if the two items were handled separately. Mayor Spitaleri accepted City Attorney Kahn’s recommendation and stated that the two agenda items will be handled separately.
Planning Officer Ryan presented the staff report for Items 3 and 4 combined.
Councilmember Whittum confirmed with Planning Officer Ryan that if the footprint of the buildings were reduced, it would be possible to meet the open space requirement.
Councilmember Moylan asked staff to share their response to his email question about the neighboring project which has individual garbage cans. Planning Officer Ryan explained that during the public hearing at the Planning Commission, statements were made about other projects in the vicinity that were not required to have centralized trash enclosures. Planning Officer Ryan stated there is a project on Bernardo that was approved without the requirement for a centralized trash enclosure and the six units have individual carts. Planning Officer Ryan stated that through consultation with the city attorney, it was determined that requests for individual trash cans is an exception to the zoning requirements and should be handled as a variance (not as one of the deviations or exceptions that can be granted through a special development permit).
Councilmember Whittum inquired if the plan is approved without the trash enclosure; it appears there would be approximately 24 garbage cans out on trash pick up day. Planning Officer Ryan stated there could be up to 24 cans out but not all cans will be out at the same time. A single family home would have three cans (one for trash, recycling, and one for yard waste).
Councilmember Whittum confirmed with Planning Officer Ryan that the applicant would prefer not to have a trash enclosure. Councilmember Whittum confirmed with Planning Officer Ryan that there is room at the back of the project for a trash enclosure.
Public hearing opened at 7:37 p.m.
Nathan Merlin, applicant, stated the two projects being discussed (Item 3 and 4) are mirror images of each other. Merlin stated the point of contention is whether a trash enclosure is appropriate for the site. Merlin explained that the Planning Commission was split on the issue. Merlin stated a trash enclosure variance is appropriate for this project and identified that there is plenty of curb space for the trash cans. Merlin stated the maximum number of trash cans that would be left out on trash day would be closer to 16 cans. Merlin stated they agree that a centralized trash enclosure would fit at the rear of the property although their preferable option would be to receive a variance for a trash enclosure.
Councilmember Moylan inquired if the variance was approved, then would the area in the back of the project become open space and Merlin stated it would not be useable open space, but it would contribute to the feeling of open space and enhance landscaping requirements.
Councilmember Moylan confirmed with Merlin that the garages were designed to be oversized in order to accommodate individual trash cans.
Councilmember Howe confirmed with Merlin that the units in both projects will be sold to individual owners. Councilmember Howe confirmed with staff that all utilities for these projects are individually metered including water.
Vice Mayor Hamilton confirmed with Merlin that if a trash enclosure was required, he would prefer to have the trash enclosure located at the back of the property. Merlin explained that they would accept a trash enclosure with seven individual roll out bins which would be rolled out every trash day to the curb at the front of the property. Merlin stated due to the slope of driveway and the pavers, rubbish trucks would not be able to drive in and pick up a large bin.
Councilmember Whittum inquired why Merlin did not make the footprints of the individual units smaller which would have negated the need to request deviations for aspects of the project. Additionally, smaller units would allow more room for a trash enclosure and the project would not require a variance. Merlin explained that the design of the project presented several challenges due to the corner lot location. Merlin stated a 20 foot set back is required from the front of the property which may not be counted as useable open space. Merlin explained the project has two front yard set backs which causes a shortage of open space. Merlin stated the area has two deviations: front yard set back, and useable open space. Merlin added that the area that cannot be counted as open space is counted in the landscaping requirement which is over by 60 percent.
Arthur Schwartz stated he supports the Planning Commission’s recommendation for a centralized trash area. Schwartz identified that even though the garages were built as oversized, residents will fill them and trash cans will be left outside.
Public hearing closed at 7:50 p.m.
Vice Mayor Hamilton confirmed staff supports that the four guest parking spaces are adequate for this project as each unit will have two and a half parking spaces. Vice Mayor Hamilton confirmed with Planning Officer Ryan that the Planning Commission recommended having at least two of the four open parking spaces designated as guest parking. Planning Officer Ryan stated since the project is on a corner, there will be more street parking available in comparison to a mid-block complex.
MOTION: Councilmember Swegles moved and Councilmember Moylan seconded to approve Alternative 3: Council adopts the Negative Declaration and introduces an ordinance to rezone 1202-1204 South Bernardo Avenue and
189–191 South Bernardo Avenue from R-3 to R-3/PD and approve the Special Development Permit, Tentative Map for eight units and one common lot and approve the variance for individual trash and recycling carts, with attached conditions (except C.O.A. #15A).
City Clerk Borkowski read the title of the ordinance into the record.
Councilmember Swegles noted that Alternative 3 in the staff report identifies the rezone as 1202-1204 Bernardo Avenue and the ordinance that the city clerk read identified the area as 1202-1204 Cortez Drive. Planning Officer Ryan stated the staff report had an error and that 1202-1204 Cortez was correct.
Restated MOTION: Councilmember Swegles moved and Councilmember Moylan seconded to approve Alternative 3: Council adopts the Negative Declaration and introduces an ordinance to rezone 1202-1204 Cortez Drive and
189–191 South Bernardo Avenue from R-3 to R-3/PD and approve the Special Development Permit, Tentative Map for eight units and one common lot and approve the variance for individual trash and recycling carts, with attached conditions (except C.O.A. #15A).
Councilmember Howe explained that staff found that findings two and three were met but staff was not able to identify finding one. Planning Officer Ryan stated if Council is able to make finding one, Council could then take action on the variance.
Councilmember Swegles stated he finds that finding one is met because with centralized garbage, it is hard to sell a unit which is located near the central garbage.
Councilmember Moylan stated finding one requires that Council find something unusual about the property that makes it a hardship to enforce the zoning code. Councilmember Moylan stated the corner lot situation creates a large amount of space that cannot be counted as open space, which is an aspect of finding one. Councilmember Moylan stated the presence of another project nearby, which allows individual garbage cans, creates a hardship to the current project with respect to enforcing the zoning code. The project nearby has a special privilege that would not be afforded to this project. Councilmember Moylan stated Council can make the finding (finding one can be met). Councilmember Moylan stated he would also like to point out that the Planning Commission was split on this decision.
Councilmember Moylan stated the balance between what is best for the resident and what is best for the trash hauler needs some rebalancing.
Mayor Spitaleri confirmed with City Attorney Kahn that a vote and motion do not need to occur on the finding that Council made for finding one.
Council makes the finding for the variance that because of exceptional or extraordinary circumstances or conditions applicable to the property, or use, including size, shape, topography, location or surroundings, the strict application of the ordinance is found to deprive the property owner of privileges enjoyed by other properties in the vicinity and within the same zoning district.
VOTE: 6-1 (Vice Mayor Hamilton dissented)
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