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Amendment Application No. 2013 -03 <br />October 14, 2013 <br />Page 3 <br />The existing R -3 zoning of the property is intended to facilitate the construction of multi - family <br />residential developments on the site, such as apartments and /or condominiums. This R -3 zoning has <br />been in place since at least 1959, when the zoning for the area was approved by the City Council. <br />However, when the property was entitled in 1961, a land use variance was granted to allow <br />automotive sales and service on the site, a use which has remained at this location since the approval <br />of the variance. As the existing Multiple- Family Residence (R -3) zoning designation prohibits the use <br />of the site for commercial purposes, an amendment application to change the zoning is required. <br />Staff is recommending approval of the zone change for several reasons. First, the rezoning of the site <br />will create consistency between the Zoning and General Plan land use designations. This <br />consistency will give the property owner clear direction in regards to potential land uses, development <br />opportunities and development standards for the property. Secondly, the site is physically suitable for <br />commercial uses. The site meets or exceeds the Commercial Development Standards, is located on <br />an arterial street that serves as a major commercial corridor in the City, and has direct access to the <br />1 -5 Freeway, all which makes a commercial use such as the existing automotive sales and service <br />use the best use of the land. Further, given the proximity of the site to the 1 -5 Freeway and the <br />numerous noise and health related impacts resulting from being in close proximity to a major <br />interstate freeway, it is highly unlikely that a viable residential project could be developed on the site. <br />Thirdly, the rezoning of the site will make the use conforming with the proposed zoning designation. <br />Currently, the auto sales use is not a permitted use in R -3 zoning district, which makes the use legal <br />nonconforming. The rezoning of the site will bring the use into compliance with the Zoning Code and <br />will allow future improvements to be made to the site. If the residential zoning designation were to <br />remain, the site would still be occupied by an automotive sales use, but future improvements would <br />be restricted. The legal non - conforming provision of the code would limit work on the site to <br />maintenance and would preclude extensive rehabilitation, expansion or new development. <br />Public Notification <br />The project site is located within the Saddleback View Neighborhood Association and is adjacent <br />to the Mabury Park and Fairbridge Neighborhood Associations. The Presidents of these <br />neighborhood associations were notified by mail 10 days prior to this public hearing. The project <br />site itself was posted with a notice advertising this public hearing, a notice was published in the <br />Orange County Reporter and mailed notices were sent to surrounding property owners within 500 <br />feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At <br />the time of this printing, no correspondence, either written or electronic, has been received from <br />any members of the public. <br />CEQA Analysis <br />In accordance with the California Environmental Quality Act, the proposed project is exempt from <br />further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects <br />that have no possibility of having a significant effect on the environment. Categorical Exemption <br />Environmental Review No. 2013 -60 will be filed for this project. <br />75B -5 <br />