RES-9020 Denying Conditional Use Permit No. 2199-98RESOLUTION NO. 9020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE OVERRULING THE RECOMMENDATION
OF THE PLANNING COMMISSION OF THE CITY OF
ORANGE AND DENYING A CONDITIONAL USE
PERMIT TO DEVELOP AN AUTOMOTIVE SALES
FACILITY UPON PROPERTY GENERALLY LOCATED
AT 291 NORTH STATE COLLEGE BOULEVARD,
ADJACENT TO INTERSTATE 5.
Conditional Use Permit No. 2199-
98 Applicant: Circuit City Stores, Inc. /
Carmax
RECITALS:After report thereon by the Planning Commission and after due public hearings by
the Planning Commission and City Council, as required by law, the City Council of the City
of Orange considered a recommendation of the Planning Commission of the City of
Orange reeommending by Resolution No. PC 45-98 that a conditional use permit be granted to
allow the development of an automotive sales facility upon property located at 291 North
State College Boulevard, adjacent to Interstate 5. After finding and determining the hereinafter
described facts,the City Council determined that Conditional Use Permit No. 2199-98 should
be denied. The subject property is described more particularly in Exhibit "A", attached
hereto and incorporated herein
by this reference.During its public hearing, the City Council found the facts more particularly
set
forth as folllows:1. The applicant, Circuit City Stores, Inc. / Carmax, is proposing to
develop the vacant Orange Drive-In Theater site as a sales facility for used and new
cars. The facility would include a 73,350 square foot showroom, sales and service
building, car wash building,outdoor storage areas,
customer and employee parking.2. The approximately 20-acre project site is located partially in
the
City and partially in Anaheim.3. The location of the project is one of the key entryways into the
City and is in close proximity to The Block project and other high traffic
volume uses. One of the surrounding land uses
is a mobile home park.4. The property is
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
I. The foregoing recitals are true and correct.
2. The project is denied based upon sound principles ofland use.
3. The project will cause deterioration of bordering land uses and create special problems
for the area in which it is located.
4. The project has been considered in relationship to its effect on the community and
neighborhood plan for the area in which it is located and a negative effect has been found.
Adopted this 13th day of October, 1998.
ATTEST:
A<1--C~AA;
t-Casscmdra J. CatM'
art,City Clerk of the City of
Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 13th day of October,
1998,by thl~ following
vote:AYES: COUNCIL MEMBERS: COONTZ, SPURGEON,
ALVAREZ NOES: COUNCIL MEMBERS:
SLATER ABSENT: COUNCIL MEMBERS:
NONE ABSTAIN: COUNCIL MEMBERS:
MURPHY Reso No. 9020
Lt.GAl. OEseR,':; ilJN
PARCEL A:flilniU1r. '\" t.lSJ~J!JI \i0. c.
THA T PORTION OF LOT 13 OF THE LOCKHART TRACT, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4,
PAGE 512 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE 5.25 ACRE TRACT OF
LAND CONVEYED BY HARRY J. BRAINERD TO WILLIAM F. GADE BY DEED
RECOI~DED IN BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY;
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND OF
GADE TO THE CENTERLINE OF THE STATE HIGHWAY; THENCE NORTHWESTERLY
ALONG SAID CENTERLINE TO THE POINT OF INTERSECTION THEREOF WITH THE
CENTERLINE OF THE COUNTY ROAD COI.4MONL Y KNO'I'IN AS PLACENTlA
AVENUE, AN EASEMENT FOR SAID ROAD WAS CONVEYED TO ORANGE COUNTY
BY DEED RECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF SAID
ORANGE COUNTY; THENCE NORTH O' 09'30. WEST ALONG THE CENTERLINE
OF SAID COUNTY ROAD TO THE NORTHWESTERLY LINE OF LOT 13 OF SAID
LOCKHART TRACT; THENCE NORTHEASTERLY ALONG SAID LINE TO THE
NORThIERL Y LINE OF SAID LOCKHART TRACT; THENCE EASTERLY ALONG SAID
LINE TO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO PHILIP
LAUX AND ADELE H. LAUX, HIS WIFE, BY DEED RECORDED JUNE 15, 1920 IN BOOK
369, PAGE 104 OF DEEDS; THENCE SOUTH 16'56'00. WEST 634.90 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION L YlNG SOU TH WE STERL Y OF THE FOLLOWING
DESCRIIBED LINE:
BEGINNING AT A POINT ON THE CENTERLINE OF SAID COUNTY ROAD, DISTANT
THEREON NORTH 010'30. WEST 159.66 FEET FROM ITS INTERSECTION WITH
THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (60 FEET WIDE),
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER
25, 1954 IN BOOK 2851, PAGE 256 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE SOUTH 60'43'00. EAST 344.21 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LAND OF GADE, NORTHEASTERLY 221.05 FEET,
MEASURED ALONG SAID NORTHWESTERLY LINE AND THE SOUTHWESTERLY
PROLOI~GA TlON THEREOF, FROM SAID CENTERLINE OF THE CALIFORNIA STATE
HIGHW)~Y.
ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF ORANGE, FOR USE AS A
PUBLIC STREET AND FOR USE OF PUBLIC U'TlllTIES, BY DEED RECORDED
NOVEMBER 14, 1963 IN BOOK 6804, PAGE 358 OF OFFICIAL RECORDS, IN THAT
PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING THE INTERSEC'TlON OF THE CENTERLINE OF LOS .
ANGELES STREET (60 FEET WIDE) AND STATE COLLEGE BOULEVARD (FORMERLY
PLACEN'TlA AVENUE) (60 FEET WIDE); THENCE NORTH 0'09'30. EAST ALONG
THE CENTERLINE OF SAID STATE COLLEGE BOULEVARD, 32.63 FEET TO AN
ANGLE POINT; THENCE SOUTH 89'50'30. EAST 30 FEET AS MEASURED AT
RIGHT ANGLES TO THE EASTERLY LINE OF STATE COLLEGE BOULEVARD TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 0'09'30. WEST 15 FEET TO AN
ANGLE POINT, SAID POINT BEiNG THE INTERSEC'TlON OF THE EAST LINE OF SAID
STATE COLLEGE BOULEVARD WITH THE NORTHEASTERLY LINE OF SAID LOS
ANGELES STREET: THENCE SOUTH 60'43'OD. EAST 15 F:::ET ALONG SAID
NORTHEASTERL Y liNE OF LOS ANGELES STREET TO AN ANGLE POINT; THENCE
NORTH 30"6'45. WEST 25.87 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAiD LAND AS DEDICATED TO
THE CITY OF ORANGE BY DEDICATION BEING RECORDED MAY 7, 1970 IN BOOK
O?q"t PtJ.r.~ ~i ("'\.C" nC-C'lrl'" OL_C'r",g""'c CC"I,,!t""_nc-crpn::H:"'
PAI~CEL C:
TH)\T PORTION OF LOT 1 OF TRACT 71, PER MAP RECORDED IN BOOK 10, PAGE 22OFMISCELLANEOUSMAPS, IN THE OmCE OF THE COUNTY RECORDER OFORANGECOUNTY, CALIFORNIA, L VlNG EASTERLY OF THE FOLLOWING
DESCRIBED LINE: '
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID LOT 1WITHTHECENTERLINEOFPLACENTIAAVENUE; THENCE SOUTH 0'09'30'
EAST 179.99 FEET TO THE EASTI:RLY LINE OF SAID LOT 1.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITYOFORANGERECORDEDMAY7, 1970 IN BOOK 9284, PAGE 62 OF SAID OF'F'lCIALRECORDS.
PARCEL D:
THE WESTERLY 50 FEET OF THAT PORTION OF LOT 2 TRACT NO. 71, AS PER MAP
RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OFTHECOUNTYRECORDEROFORANGECOUNTY, CALIFORNIA, L VlNG EASTERLYOFALINEWHICHBEGINSATAPOINTONTHESOUTHERLYLINEOFSAIDLOT,WESTERLY 747 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE _
NORTHERL Y ON A DIRECT LINE TO A POINT ON THE NORTHERLY LINE OF SAIDLOT, WESTERLY 1025.53 FEET FROM THE NORTHEAST CORNER THEREOF.
SAID 50 FOOT STRIP TO TI:RMINATE SOUTHERLY IN THE NORTHERLY LINE OFLOT13OFTHELOCKHARTTRACT, AS PER MAP RECORDED IN BOOK 4, PAGES 512AND513OFMISCELLANEOUSRECORDSOFLOSANGELESCOUNTY, CALIFORNIA,BEING THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TOCALiFORNIADRIVE-IN THEATERS, INC., BY DEED RECORDED APRIL 22, 1941INBOOK1089, PAGE 380 OFOF'F'lCIAL RECORDS, IN THE OmCE OF THECOUNTYRECORDEROFSAIDRECORDEROFSAIDORANGE
NET ACREAGE = 833957 SQUARE FEET = 91.145 ACRES.
FlOOD NOTE
SUBJE:CT PROPERTY LIES WITHIN ZONE A99 "TO BE PROTECTED FROM 100- YEAR FlOOD
BY FEDERAL FLOOD PROTECTION SYSTEM UNDER CONSTRUCTION; NO BASE FLOOD
ELEVA TIONS DETERMiNED". PER F.I.R.':.l. 06059C0021 F DATED 1/3/97.
ZONI~IG NOTE
THAT PORTION IF SUBJECT PROPERTY L YlNG WITHIN THE CIl1' OF ORANGE IS ZONED
M-1 LIGHT MANUFACTURING" PER CITY OF ORANGE PLANNING
DEPARTMENT.M-1 ZONING REQUIRES A 20' BUILDING SETBACK ALONG STATE
COLLEGE BOULEVARD.NO SIDE YARD SETBACKS
ARE REQUIRED.THA T PORTION OF SUBJECT PROPERTY L YlNG WITHIN THE CIl1' OF ANAHEIM
IS ZONE:)ML LIMITED INDUSTRIAL" PER CITY OF ANAHEIM
PLANNING DEPARTMENT.ML ZONING RECUIRES A 50' BUILDING SETBACK ALONG STATE
COLLEGE BOULEVARD.NO SIDE ':'ARD SETBACKS
ARE REQUIRED.
BENCH MARK COUNTY OF ORANGE BENCH MARK NO. 1A-125-
73. ELEVATION = 136.056'CONTOURS AND SPOT ELEVATIONS WERE
COMPILED PHOTOGRAMMETRiCALL Y FROM AERiAL PHOTOGRAPHY
DATED 8/
7/97.UTiLI1~ STATEMENT THE UNDERGROUND UTILITIES SHOWN HAVE BEEN
LOCATED FROM FiLED SURVEY INFORMATION AND EXISTING DRAWINGS. THE
SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL
SUCH UTiLITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE
SURVEYOR FURTHER DOES NOT WARRANT THAT UNDERGROUND UTILITiES SHOWN ARE
IN THE EXACT LOCATION INDICA TED AL T~OUGH HE DOES CERTiFY THAT
THEY ARE LOCATED AS ACCL'RATEL Y AS POSSiBLE FROMINFORMATION
AVAiLABLE THE SURVEY.:)? HAS NOT "HYSICAL_ ':'