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Home My WebLink About11/15/1988, 5 - REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT MAP AND TO REZONE A LOT ON CHORRO STREET NEAR FOOTHILL BOULEVARD FROM LOW-DENSITY RESIDENTIAL (R-1) TO NEIGHBORHOOD COMMERCIAL (C-N-S) [GP/R 1397]. III�Itlill�l��IlVli�ul�l MEETING DATE ry II II 1��1II Ci"7 of — san lugs osIspo ITEMN COUNCIL AGENDA REPORT FROM Michael Multari, Community Development Director; BY: Glen Matteson, Assoc. Planner SUBJECT:Request to amend the general plan Land Use Element map and to rezone a lot on Chorro Street near Foothill Boulevard from low-density residential (R-1) to neighborhood commercial (C-N-S) [GP/R 1397]. CAO RECOMMENDATION Adopt the attached resolution to amend the general plan and introduce the attached ordinance to rezone as recommeded by the Planning Commission. SUMMARY The property owner has asked the city to rezone a residential lot so he can redevelop a small shopping center and locate a driveway farther from the Chorro-Foothill intersection than possible under current zoning. General plan policies discourage changes from residential to commercial, but staff and the Planning Commission think this minor commercial expansion is justified by improved traffic safety resulting from the relocated driveway. SIGNIFICANT IMPACTS Staff has identified no significant impacts. CONSEQUENCES OF NOT TAKING ACTION If the council does not approve the request, zone designations and development in the area will remain the same. BACKGROUND Situation The applicant requests approval of amendments to the general plan Land Use Element map and the Zoning Map, to accommodate a larger commercial center than current zoning would allow. Council approval is required for changes to these maps. The Planning Commission has approved a use permit for the project, contingent on council's approval of the rezoning. Data Summary Applicant/owner: Felton Ferrini Representative: Studio Design Group Zoning: R-1 and C-N Land Use Element map: low-density residential and neighborhood commercial Environmental status: Director approved a negative declaration August 31, 1988. City action deadline: none for a legislative action. ftsd ��m►►��I�� U city of san Luis oBispo COUNCIL AGENDA REPORT GP 1397 Page 2 Site and Proiect Descriotion The site is the second phase of a two-phased redevelopment of a small commercial center. A level, 5,500-square-foot lot occupied by a house would be changed from low-density residential to neighborhood commercial, with special considerations (R-1 to C-N-S). Two lots encompassing about 12,000 square-feet, occupied by a small commercial building and zoned C-N, would have the special considerations (S) zone added. The S zone requires Planning Commission approval of a use permit, in this case to assure that driveway location will be as presented in the development plan. The first phase of a redeveloped center, fronting on Broad Street and Foothill Boulevard, has been approved by the Architectural Review Commission (ARC) and is under construction. The second phase, on the site of this aplication, would consist of a single-story, 3,876-square-foot building and 23 vehicle parking spaces. Existing driveways on Chorro Street would be closed and a new driveway would be installed on the lot to be rezoned. Existing buildings would be removed. The surrounding area includes neighborhood shopping centers and freestanding commercial uses, service stations, apartments, and houses. Evaluation 1. Summary Staff thinks the primary issue is: Does improved traffic safety of a driveway on Broad Street farther from Foothill Boulevard than allowed by current zoning justify expansion of the C-N zoned area, which would otherwise contradict city policy? Answering this question requires a judgment, where the city has no adopted policies concerning the weight to be given to each concern (overall land-use policy vs. traffic safety improvements). Planning staff and a majority of the Planning Commission were persuaded by engineering staff's strong preference for a more southerly driveway that the rezoning on Chorro is justified, despite land-use policies generally discouraging such changes. 2. General plan policy A. Land Use Element According to the general plan Land Use Element, "The city should support the concept of neighborhood convenience centers (2 - 5 acres depending on neighborhood size)..." The neighboring Foothill Center covers about 4.9 acres, while 16.5 acres in this area are zoned either C-N or C-R-S. This policy, therefore, does not support additional C-N area. Also, the Land Use Element says, "Increased demand for neighborhood commercial facilities ... should be met by making more efficient use of existing neighborhood centers and by expansion of existing centers into adjacent nonresidential areas" The request is not consistent with this policy, since it would expand into an area - zoned for and occupied by residences. r� m1111111p.4111 city of San AS OBISpo COUNCIL AGENDA REPORT GP 1397 Page 3 The element also says, "The city should evaluate the need for and desirability of additions to existing neighborhood commercial centers as specific development proposals are made. These are the criteria for evaluating such proposals: "(I) Uses are in fact those which will serve nearby residents, not the community as a whole." No specific uses are proposed, though the applicant has asked and staff has affirmed a real estate office could remain as a legal, nonconforming use. Real estate offices typically draw their clientele from the whole community, not a particular neighborhood. "(2) Expansion areas have access from arterial streets" According to the general plan Circulation Element, Chorro Street is an arterial, so this criterion is met. "(3) Expansion areas will reduce the area used by or designated for office or service commercial uses and not areas designated for or used by residences" Rezoning the R-1 lot does not meet this criterion. B. Housing Element According to the Housing Element: Goal 3: "Conservation of existing housing and the least possible displacement of current occupants." Policy IIL• "Existing housing will be conserved and the displacement of residents will be minimized." Program 16: "Changes from residential to nonresidential land-use designations will be minimized." While the program statement anticipates the possibility of such changes, the Housing Element clearly discourages them and implies that only exceptional compensating benefits would justify them. In staff's view, the rezoning is justified by traffic safety improvements, though it is unfortunate that a driveway on Foothill Boulevard will be maintained. 3. Site suitability Staff thinks the R-1 lot is physically suited for commercial use, but only as part of the larger site. I 411111181Ip f city of san tuts oBispo Miig COUNCIL AGENDA REPORT GP 1397 Page 4 4. Land use compatibility The project would not introduce a new type of land use to the area. The rezoning would increase the boundary between commercially and residentially zoned areas by about 50 feet, and increase by one the number of dwellings adjacent to a commercial zone. The sides of the project adjacent to residences would consist of solid building walls 15 to 17 feet high, with five to six-foot setbacks and a six-foot-high board fence with vines. Similar fencing, setbacks, and landscaping would separate parking areas from houses. The house to be rezoned faces a commercial use in a commercial zone. 5. Site circulation/neighborhood circulation The intersection of Foothill and Chorro is heavily travelled. The existing driveway locations contribute to traffic delays and collision hazards, as vehicles on Foothill must slow or stop for vehicles entering or leaving the driveways. The proposed project would probably result in more trips to and from the site, but fewer conflicts with traffic on Foothill and Chorro due to turning movements. Levels of service at intersections will not be substantially increased or reduced by the project. Staff estimated that a previously proposed, slightly larger project would increase total daily trips on surrounding streets by about 1.7 percent. The percentage increase in peak-hour trips would probably be slightly lower than the percentage increase in total trips due to more diversity of uses with the increased floor area. With the proposed development plan, the number of driveways would be reduced from nine to three, with the most significant change being the elimination of one driveway on Foothill, which does not have turn lanes or protected turning movements, and two other driveways adjacent to Foothill on the intersecting streets. The total width of driveways would be reduced significantly as well. In staff's experience, driveway location influences traffic patterns adjacent to the site, but not routes that drivers select to reach the site. In this case, having a driveway on Foothill Boulevard only would not prevent people living south of the site from using Broad and Chorro Streets to reach it. Likewise, people living north of the site would not go through residential areas of Broad and Chorro to reach the site even if the driveways were on Broad and Chorro only. If the R-1 parcel on Chorro is not rezoned, the new driveway would have to be about 50 feet closer to Foothill Boulevard, resulting in less sight distance and less space for vehicles waiting to turn from Chorro east onto Foothill and from Foothill south onto Chorro. The proposed driveway location (with rezoning) would allow two or three vehicles to wait on Chorro behind a car turning into the drive, without obstructing traffic on Foothill. A driveway 50 feet closer to Foothill would allow one or two vehicles to wait on Chorro without obstructing traffic on Foothill. The proposed driveway would enable left turns from the driveway onto Chorro, with one or two northbound vehicles waiting on Chorro at Foothill, though this would still be a hazardous maneuver. It would also enable a driver to exit onto Chorro and turn east on Foothill. ,1111111NIIIfl P1111 city of San tins OBISpo NiZ COUNCIL AGENDA REPORT GP 1397 Page 5 A driveway closer to Foothill would not accommodate left turns onto Chorro if one northbound vehicle was waiting on Chorro at Foothill. The closer driveway would not accommodate drivers wishing to exit onto Chorro and proceed east on Foothill, due to the traffic island. Also, the proposed driveway is more likely to allow vehicles leaving the site to activate the signal for Chorro approaching Foothill, due to location of the detector loops. ALTERNATIVES Concerning the environmental determination, the council may accept the negative declaration or require more information before acting on the application. The council must make an environmental determination before acting on the project. Concerning the application itself, the council may: 1. Approve the change from residential to commercial, with or without the added "S" designation. 2. Deny the request. 3. Continue action. PREVIOUS REVIEW In 1981, the Planning Commission denied an application to rezone 19 Chorro Street from R-1 to C-N, finding that the site by itself was too small for C-N uses, C-N uses would not be appropriate nor compatible with the surroundings, the change would not be consistent with the Housing Element policy to keep housing, and there was no demonstrated need for additional commercial zoning. The denial was appealed to the City Council, which also denied the request. That request was not tied to a specific project or to neighboring commercially zoned property. CITIZEN PARTICIPATION On October 12, Planning Commissioners voted four to none* to recommend that the general plan amendment be approved and the the site be rezoned from R-1 to C-N-S, with the special considerations zone to address driveway location. The commission concurrently approved a use permit pursuant to the S zone, based on the development plan which the applicant had submitted, and contingent on the council's approval of the rezoning. One neighborhood resident, concerned about commercial uses encroaching into the residential neighborhood, spoke against the request at the previous meeting. • One commissioner was absent and two commissioners who were present did not vote because they had not been present during the commission's September 28 meeting, when the public hearing was conducted. S4% �m ��►�nllll�lp� q�li� city of san tuts oBispo am,i COUNCIL AGENDA REPORT GP 1397 Page 6 OTHER DEPARTMENT COMMENTS The city engineer strongly prefers the driveway on Chorro to be as far from Foothill as possible. RECOMMENDATION Adopt the attached resolution to approve a negative declaration of environmental impact and to amend the general plan Land Use Element map from low-density residential to neighborhood commercial. Introduce the attached ordinance to rezone from R-1 and C-N to C-N-S. Attached: Vicinity map Draft resolution to amend plan Draft ordinance to rezone Draft Planning Commission minutes, 9-28-88 and 10-12-88 Initial environmental study gm 1/gp 1397 I FY NIP 61 P 139 7 0 i c 0 :. m y m i I � I > L-J m fA rl 0 oar �2W O ' � v IL OL 0 C O El CDy v CD i � r � o N CO L � ' o m O LL I LL No. Broad St. RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE GENERAL PLAN MAP AT 19 CHORRO STREET (GP 1397) WHEREAS, the Planning Commission and the City Council have held public hearings on the proposed amendment in accordance with the California Government Code; and WHEREAS, the amendment comes to the council upon the recommendation of the Planning Commission; and WHEREAS, the potential environmental impacts of the amendment have been evaluated in accordance with the California Environmental Quality Act and the city Environmental Guidelines. NOW, THEREFORE, the council resolves as follows: SECTION 1. Finding• The requested amendment is consistent with the, general plan Land Use Element, because it is a minor addition to a neighborhood commercial area which will enable improved traffic safety. SECTION 2. Environmental determination. An intial environmental study (ER 42-88) has been prepared and the council hereby approves a negative declaration. SECTION 3. Adootion. The subject area of the general plan Land Use Element map is hereby amended from low-density residential to neighborhood commercial, as shown on the attached Exhibit A. The Community Development Director shall cause the change to be reflected on maps on display and published by the city. On motion of ............................ . seconded by ....................... and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this ..,, day of...,,..,,.,., 1988. Mayor ATTEST: ....................................... City Clerk Resolution No. (1988 Series) Page 2 APPROVED: City dministrative Officer ?�ity Atto ey CGy ....................................... Community Development Director gm 1/1397res Resolution No. E Mbit A •:�w -�,�y ��•yy 1�..�_.J� ]yJLIM�r ��•: r2M.� ,/.1�' ,ii �1/• '/ r aV'+a� 3 �17 +.�7 a. .. 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" '"+I,a!`,ia �ia �' '' ``y�/`` � t..'.ts+tiv.��,�1rJ-`�.~�3.v: r) � � •�. ♦IA wnr I avv a oaa 000voo ■vvvevmvvo °go iic ovvaanov 0 660 :•: avvomvmv : e0 •� ° a000maam .y -rooeo ° oego°o vmmamvmm • +:C'•,• .roH.-JISOe°oo °°' °°° °000eeo �� aaaamaaa ro000 000° O °� ° • / ■Oaaaaa■ epOyOOOoeogOYOeS I ■a1000aa •'-"'00°0° O 606 ° 4 0pp~O • 060000°° 0.00 00 000 00 60 NO ° 6 e 00 eo° o0 G 000° 000 rA fee 0006 ' 06 r f kS '_ A Mri_aLA'�•6r� i •N.'ir ems,•. GP 1397 - Change from Low Density Residential to Neighborhood Commercial ORDINANCE NO. (1988 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REZONING PROPERTY ON CHORRO STREET AND FOOTHILL FROM R-1 AND C-N TO C-N-S (R 1397) WHEREAS, the Planning Commission and the City Council have held hearings to consider appropriate zoning on subject property in accordance with Section 65800 et. seq. of the Government Code; and WHEREAS, the City Council finds that the proposed zoning is consistent with the general plan; and WHEREAS, the rezoning has been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Guidelines, and a negative declaration has been granted by the city; and WHEREAS, the proposed zoning promotes the public health, safety, and general welfare; and WHEREAS, the special considerations zone is required to assure proper location of driveways; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. After review and consideration, the determination of the Community Development Director to approve a negative declaration is hereby confirmed. SECTION 2. That the areas shown on the map attached hereto marked Exhibit "A" and included herein by reference, be reclassified from Low-density Residential (R-1) and Neighborhood Commercial (C-N) to Neighborhood Commercial with special considerations (C-N-S). SECTION 3. This ordinance, together with the votes for and against, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city, and this ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the .......... day of ....................... . 1988, on motion of .................................. ........, seconded by ......................... and on the following roll call vote: AYES: NOES: ABSENT: .............. ........................... Mayor ATTEST: ................................. City Clerk s�� Ordinance No. (1988 Series) Page 2 APPROVED: -- i6trativeA Officer ,( -ity Atto ey. Community Development Director gml/1391ord v/ Ordinance No. Exhibit A 1 O I M1i 00� I s" I PF .... �• i ur. _ t ; tin�wie anir ns �/ 1 \-S i N aye 'Jj 4 wmn w.. •� iT► elus wel-ee 0e+es we+•w A Aw.lt MfS^.1 ••T-Ol wMl M••FY � •el IOM � A•.S �II T-•,. FOOTHILL ,,, T„ BLVD. MWM , - +a am .,.� pfiR r I -~ O 1 *Mae ,.. ® O O O O O O O •ul-Y N re w-lar ✓ "'Y �. dW& 70X �~ RO{JGBOT PL. i .� .40 O O O O O O '-r i O 4,0 O O r O aA••6'r wn•se AONA OR. FIM YOL"& 00 01010 O 010 O O 0 0 0 ano _ --I 0 •.M6INECKE A' Tn sp r ^ as R1397 - Change from R-1 and C- N to C- N- S :I l3 I P .C. Minutes September 28, 1988 Page 6 . Item 3. Public Hearing: General Plan Amendment GP/R/PD 1397 . onsl enation of amen Ing the LanT se E ement map and zoning map from low-density residential ( R-1 ) and neighborhood-commercial (C- N) to neighborhood-commercial , planned development (C-N-PD) and consideration of a preliminary development plan ; 17 and 19 Chorro Street; Felton Ferrini , applicant . ------------------------------------- Glen Matteson presented the staff report and recommended the commission recommend to council that the general plan amendment be approved and that they choose a preferred approach in tying the land use change to specific project features. Commr. Schmidt noted the general plan policies which discourage additional C-H zoning. Wayne Peterson , City Engineer, discussed driveway locations and traffic patterns at this difficult intersection. Chairperson Kourakis opened the public hearing . Tim Ronda , 641 Higuera , summarized the project scope in terms of functional and aesthetic improvements . He stated the site would not be developed to the full extent allowed by zoning and that the proposed development would not be economically feasible without the rezoning . He stated the applicant preferred the straight C-N zoning to protect previously approved project phases . He stated t. at t. e building would be approximately 7 feet from the property line and would be 15 feet tall . He stated that the 10-foot space between commercial buildings would be used as utility space . Robert Barrows , 770 Meinecke , opposed changing 19 Chorro Street to C-N zone. Felton Ferrini , applicant, discussed the project and the need for the southern driveway to make the project economically feasible . Chairperson Kourakis closed the public hearing . Commr. Duerk moved to continue the item. Commr . Roalman seconded the motion . VOTING: AYES - Commrs. Duerk, Roalman, Crotser , and Kourakis . NOES - Commr. Schmidt. ABSENT - Commrs. Gerety and Hainline. The motion passes. Draft P.C. Minutes October 12, 1988 Item 1. General Plan Amendment GP/R/PD 1397. Consideration of amending the Land Use Element map and zoning map from low-density residential (R-1) and neighborhood-commercial (C-N) to neighborhood-commercial, planned development (C-N-PD) and consideration of a preliminary development plan; 17 & 19 Chorro Street; Felton Ferrini, applicant. Chairperson Kourakis indicated that both Commrs. Hainline and Gerety were not present when public testimony was taken and could not listen to the tapes of the meeting; therefore, they could vote on this item. Glen Matteson, Associate Planner, reviewed the staff report, recommending that the general plan amendment be approved. He noted the planned development could not be approved because the site is smaller than what is required by code for a planned development. Wayne Peterson, City Engineer, presented an aerial photograph of the area and noted the Engineering Department's concern with the existing driveway location on Chorro Street which causes a very awkward and unsafe traffic situation. Commr. Roalman moved to recommend to the City Council that the general plan amendment be approved, that the area be rezoned from R-1 and C-N to C-N-S, and that a use permit be approved subject to the following findings and conditions: Findings 1. The project will not have a significant effect on the environment and a negative declaration has been approved. 2. The project will not adversely affect the health, safety and welfare of persons residing or working on the site or in the vicinity. 3. The project is appropriate at the proposed location and will be compatible with surrounding land uses. 4. The project is consistent with the general plan and the intent of the Zoning Regulations, including the special-considerations zone. Conditions 1. This use permit shall not take effect unless and until an ordinance rezoning the site to C-N-S takes effect. 2. If Phase 2 of the project includes food-service businesses, the trash enclosure shall be located not less than 25 feet from site property lines adjacent to residential zones. 3. Uses shall be allowed or conditionally allowed as provided in the C-N zone. �-lS Page 2 Commr..Duerk.seconded the. motion, Resolution No._4052-88. Commr. Crotser favored the motion but recommended to the Architectural Review Commission that it.look at the setback requirements to assure compatibility with the.adjacent 1t-1. zone:. AYES:. Roalinan, Duerk, Crotser, Kourakis NOES: None ABSENT;. Gerety; Hainline, Schmidt The motion passes: city of san tuts oBispo I��►►►Illlilllllllli'►►► ��IIII INITIAL STUDY OF ENVIRONMENTAL I M PACT SITE LOCATION 17 & 19 Chorro Street APPLICATION NO. ER 42-88 PROJECT DESCRIPTION lowma I Int f 2-1 to CN anA runlarra avisting build-Ings Wth nnsr commercial buil inQ . APPLICANT Felton Ferrini (C uiin TtastgD rrnnp- pp STAFF RECOMMENDATION' X NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY lan Mattaann Assnriata Plan r OAAjuglwt 18, 1998 COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE SUMMARY OF INITIAL STUDY FINDINGS L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITYPLANSANDGOAIS .................................opt not sionifirant* S. POPULATION DISTRIBUTION AND GROWTH.......................................... un NO* C. LAND USE ........................... D. TRANSPORTATION AND CIRCULATION .............................................. E. PUBLIC SERVICES ................................................................. Nn F. UTILITIES........................... ................ Nn* G. NOISE LEVELS ..................................................... NO H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... NO 1. AIR QUALITY AND WIND CONDITIONS................................................ NO J. SURFACE WATER FLOW AND QUALITY .............................................. NO K PLANT LIFE...................................................................... NO L. ANIMALLIFE...................................................................... NO M. ARCHAEOLOGICALIHISTORICAL ................................................... NO NO N. AESTHETIC ....:.....................................................%............ 0. ENERGYlRESOURCE USE .......................................................... NO P. OTHER............................................................................ IIL STAFF RECOMMENDATION 'SEE ATTACHED REPORT �'/ 1 1 INITIAL ENVIRONMENTAL STUDY ER 42-88 FERRINI SQUARE NEIGHBORHOOD COMMERCIAL CENTER Project Setting Description The nearly level site consists of three commonly owned parcels, with a combined area of about 0.4 acre. The applicant is asking the city to amend its general plan and rezone one lot from low-density residential (R-1) to neighborhood commercial (C-N-PD). If the rezoning is approved, the enlarged site would accommodate the proposed 3,900-square-foot building, which would replace an existing house and a small office. The applicant proposes a 'planned-development" rezoning, in which the city would approve a specific development along with the zone change. Redevelopment of neighboring, C-N-zoned property has been approved by the Architectural Review Commission, which also approved demolition of buildings on this site. The applicant previously proposed a larger commercial center requiring the rezoning of an R-1 lot on Broad Street along with the lot on Chorro Street included in this request (refer to ER 57-87). That application was withdrawn. The surrounding area includes neighborhood shopping centers and freestanding commercial uses, service stations, apartments, and houses. Potential Impact Review A. Community plans and goals According to the general plan Land Use Element, 'The city should support the concept of neighborhood convenience centers (2 - 5 acres depending on neighborhood size)..." The neighboring Foothill Center covers about 4.9 acres, while 16.5 acres in this area are zoned either C-N or C-R-S. This policy, therefore, does not support additional C-N area. Also, the Land Use Element says, 'Increascd demand for neighborhood commercial facilities ._ should be met by making more efficient use of existing neighborhood centers and by expansion of existing centers into adjacent nonresidential areas." The request is not consistent with this policy, since it would expand into an area zoned for and occupied by a residence. The element also says, 'The city should evaluate the need for and desirability of additions to existing neighborhood commercial centers as specific development proposals are made. These are the criteria for evaluating such proposals. "(I) Uses are in fact those which will serve nearby residents, not the community as a whole.' No specific uses have been proposed. Unless allowed as part of a planned-development approval, uses would be limited to those allowed or conditionally allowed in the C-N zone. By including the listed uses in the C-N zone, the city has determined that they are consistent with the purpose of the C-N zone, which is to serve nearby residents. The existing real estate office is a nonconforming use (not allowed in the C-N zone). If continuation of the office is not prohibited by the PD and it is replaced within six months of demolition of the existing building, it may continue at this location. Real estate offices typically draw thcir clientele from the whole city and beyond, not a particular neighborhood. 04 �/� ER 42-88 Page 2 "(2) Expansion areas have access from arterial streets." According to the general plan Circulation Element, Chorro Street is an arterial, so the change would be consistent with this policy. (See also discussion of land use and circulation impacts below.) "(3) Expansion areas will reduce the area used by or designated for office or service commercial uses and not areas designated for or used by residences." The proposed rezoning does not meet this criterion. While the expansion of the C-N area is minor, it is not consistent with the policies on enlarging C-N centers. The inconsistency could be mitigated by: A. Determining that, overall, the project is consistent with the general plan and that the inconsistency with certain policies is not significant. Doing so could entail secondary impacts, however, if it served as a precedent for similar zone change requests. As a result, residential areas would be converted to commercial uses. B. Amending the text of the Land Use Element to delete the policies in conflict, or to allow exceptions where some other objective (such as improved circulation) would be achieved. This approach has the same secondary impacts as simply interpreting existing policies to allow commercial expansion into residential areas, though the results would probably be more significant with an explicit sanction for such changes. Also, according to the Housing Element: Goal 3: "Conservation of existing housing and the least possible displacement of current occupants." Policy III: 'Existing housing will be conserved and the displacement of residents will be minimized." Program 16: 'Changes from residential to nonresidential land-use designations will be minimized.' While the program statement anticipates the possibility of such changes, the Housing Element clearly discourages them and implies that only exceptional compensating benefits would justify them. As with the Land Use Element policies, the conflicts between the project and Housing Element policies could be mitigated by liberal interpretation or by amending the policies, though significant secondary impacts could result. According to the city's Zoning Regulations, planned-development rezoning may be applied only to sites of one acre or more. The site of the application is less than one-half acre. If the applicant and the city want to pursue a rezoning tied to a specific 1 ER 42-88 Page 3 development proposal, they could amend the application to: (I) include the entire C-N zoned area under common ownership, which is slightly larger than one acre; or (2) rezone to C-N-S, with approval of the development through a use permit. Also, the city could simply rezone the site C-N, and deal with design issues during architectural review, which is required regardless of zone designation. Conclusion: No specific mitigation is recommended. The city may determine that the policy conflict is not significant, and that it is outweighed by improved traffic circulation. C. Land use The project would not introduce a new type of land use to the area. The rezoning would increase the boundary between commercially and residentially zoned areas by about 50 feet. The sides of the project adjacent to residences would have a six-foot-high masonry wall with landscaping. The lot to be rezoned faces commercial uses in commercial zones. Conclusion: Land-use impacts will not be significant. D. Traffic circulation The intersection of Foothill and Chorro is heavily travelled. The existing driveway locations contribute to traffic delays and collision hazards, as vehicles on Foothill must slow or stop for vehicles entering or leaving the driveways. The proposed project would probably result in more trips to and from the site, but fewer conflicts with reduced hazard on Chorro Street due to turning movements. The driveway on Foothill would remain, but the three existing driveways on Chorro would be consolidated into one, which would be farther to the south. The new proposed driveway location would allow three or four southbound vehicles to wait on Chorro behind a car turning into the drive, without obstructing traffic on Foothill. It would enable left turns from the driveway onto Chorro, with one northbound vehicle waiting on Chorro at Foothill, though this would still be a hazardous manuever. It would also enable a driver to exit onto Chorro and turn east on Foothill. A driveway 50 feet closer to Foothill than the proposed driveway (possible without rezoning the R-1 lot) would allow two or three vehicles to wait on Chorro without obstructing traffic on Foothill. The closer driveway would not enable left turns onto Chorro if one northbound vehicle was waiting on Chorro at Foothill. Also, the closer driveway would not easily accommodate drivers wishing to exit onto Chorro and proceed east on Foothill. The city Engineering Division prefers the proposed Chorro Street driveway location. F. Utilities By replacing a residence and installing more efficient fixtures in the new commercial buildings, the project will probably result in lower water use. gm2/er42-88 ab