RES-9021 Denying Variance No. 2040-98RESOLUTION NO. 9021
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 VARIANCE TO ALLOW A
FREESTANDING SIGN WITH A DISPLAY AREA OF
APPROXIMATELY 260 SQUARE FEET AND A HEIGHT
OF 48 FEET UPON PROPERTY GENERALLY LOCATED
AT 291 NORTH STATE COLLEGE BOULEVARD,
ADJACENT TO INTERSTATE 5.
Variance No. 2040-
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 46-98 that a variance be granted to allow
a freestanding sign with a display area of approximately 260 square feet and a height of 48 feet
upon property loeated at 291 North State College Boulevard, adjacent to Interstate 5. After
finding and determining the hereinafter described facts, the City Council determined that Variance
No. 2040-98 should be denied. The subject property is described more particnlarly 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 folilows:1. The applicant, Circuit City Stores, Inc. / Cermax, 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 zoned
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. There are no special circumstances applicable to subject property which would cause the
strict application of the zoning ordinance to deprive the subject property of privileges enjoyed by
other properties in the vicinity and under identical zone classification.
3. The variance would constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zone in which the property is located.
Adopted this 13th day of October, 1998.
ATTEST:
1A~4~~;r
Cass,mdra J. Ca ,
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 the following vote:
AYES:COUNCIL MEMBERS: COONTZ, SPURGEON, ALVAREZ
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SLATER
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: MURPHY
8~~t!f~A~
Cassandra J. Cathc ,City Clerk of the City of Orange
Reso No. 9021 2
LEGAL DE.SCRIPTION
PARCEL A:m001~r~ r
THAT 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
RECO~iDER 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
RECOR: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 COMMONLY KNOWN AS PLACENTlA
AVENUE, AN EASEMENT FOR SAID ROAD WAS CONVEYED TO ORANGE COUNTY
BY DElED 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 SAIID COUNTY ROAD TO THE NORTHWESTERLY LINE OF LOT 13 OF SAID
LOCKHART TRACT; THENCE NORTHEASTERLY ALONG SAID LINE TO THE
NORTHERLY LINE OF SAID LOCKHART TRACT; THENCE EASTERLY ALONG SAID
LINE TO THE NOR TH WE STERL Y 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 SOUTHWESTERLY OF THE FOLLOWING
DESCRIBED 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, 19:54 IN BOOK 2851, PAGE 256 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTI'; 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,
MEASUI~ED ALONG SAID NORTHWESTERLY LINE AND THE SOUTHWESTERLY
PROLONGA TlON THEREOF, FROM SAID CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY.
ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF ORANGE, FOR USE AS A
PUBLIC STREET AND FOR USE OF PUBLIC UTILITIES, 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 INTERSECTION OF THE CENTERLINE OF LOS -ANGELES
STREET (60 FEET WIDE) AND STATE COLLEGE BOULEVARD (FORMERLY PLACENTlA
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 INTERSECTION OF THE EAST LINE OF SAID STATE
COLLEGE BOULEVARD WITH THE NORTHEASTERLY LINE OF SAID LOS ANGELES
STREET; THENCE SOUTH 60'43'00. EAST 15 n: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
PARCEL C:
THAT PORTION OF' LOT 1 OF' TRACT 71, PER MAP RECORDED IN BOOK 10, PAGE 22
OF' MISCELLANEOUS MAPS, IN THE OF'F'lCE OF' THE COUNTY RECORDER OF'
ORANGE COUNTY, CALlF'ORNIA, LYING EASTERLY OF' THE F'OLLOWlNG
DESCRIBED LINE: '
BEGINNING AT THE POINT OF' INTERSECTION OF' THE NORTH LINE OF' SAID LOT 1
WITH THE CENTERLINE OF' PLACENTIA AVENUE; THENCE SOUTH 0'09'30.
EAST 179.99 F'EET TO THE EASTERLY LINE OF' SAID LOT 1.
ALSO EXCEPTING THEREF'ROM THAT PORTION DESCRIBED IN DEED TO THE CITY
OF' ORANGE RECORDED MAY 7, 1970 IN BOOK 9284, PAGE 62 OF' SAID omCIAL
RECORDS.
PARCEL D:
THE WESTERLY 50 F'EET OF THAT PORTION OF' LOT 2 TRACT NO. 71, AS PER MAP
RECORDED IN BOOK 10, PAGE 22 OF' MISCELLANEOUS MAPS, IN Tl:iE OF'F'lCE OF'
THE COUNTY RECORDER OF' ORANGE COUNTY, CALIFORNIA, LYING EASTERLY
OF' A LINE WHICH BEGINS AT A POINT ON THE SOUTHERLY LINE OF' SAID LOT,
WESTERL Y 747 F'EET F'ROM THE SOUTHEAST CORNER THEREOF'; THENCE .
NORTHERL Y ON A DIRECT LINE TO A POINT ON THE NORTHERLY LINE OF' SAID
LOT, WESTERLY 1025.53 F'EET F'ROM THE NORTHEAST CORNER THEREOF'.
SAID 50 F'OOT STRIP TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF'
LOT 13 OF' THE LOCKHART TRACT, AS PER MAP RECORDED IN BOOK 4, PAGES 512
AND 513 OF MISCELLANEOUS RECORDS OF' LOS ANGELES COUNTY, CALlF'ORNIA,
BEING THE NORTHERLY LINE OF' THAT CERTAIN PARCEL OF' LAND CONVEYED TO '
CALIFORNIA DRIVE-IN THEATERS, INC., BY DEED RECORDED APRIL 22. 1941
IN Bom: 1089, PAGE 380 OF' omCIAL RECORDS, IN THE omCE OF' THE
COUNTY RECORDER OF SAID RECORDER OF SAID ORANGE
I
I
I
BASIS OF BEARINGS
BEAR:INGS ARE BASED ON 'THE CENTERLINE OF STATE COLLEGE BOULEVARD BEING
NO'4;S'57.E PER f?ARCEL MAP NO. 88-442, P.M.B. 295/
15-22.ONLI~
ENT NOTES FOUND MONU~ENTS ARE AS
NOTED HEREON.
ACREAGE NOTE NET ACREAGE = 833957 SQUARE FEET = 91.
145 ACRES.
FLOOD NOTE SUBJECT PROPERTYLIES WI'THIN ZONE A99 'TO BE PROTECTED FROM
100-YEAR FLOOD BY FEDERAL F~OOD PROTECTION SYSTEM UNDER CONSTRUCTION;
NO BASE FLOOD ELEVATIONS DETERMINED". PER F.I.R.~. 06059C0021 F DATED
1/3/
97.ZONING NOTE THA T PORTION )F SUBJECT PROPERTY L YlNG WITHIN 'THE CITY OF
ORANGEIS ZONED 1.1-1 LIGHT MANUFACTURING" PER CITY
OFORANGE PLANNING DEPARTMENT.1.1-1 :ZONING REQUIRES A 20' BUILDING
SETBACK ALONG STATE COLLEGE BOULEVARD.NO
SIDE YARD SETBACKS ARE REQUIRED.THA T PORTION OFSUBJECT PROPERTY L YlNG WI'THIN THE
CITY OF ANAHEIM IS ZONED ML LIMITED INDUSTRIAL' PER
CITY OF ANAHEIM PLANNING DEPARTMENT.ML ZONING REOUIRES A 50' BUILDiNG
SETBACK ALONG STATE COLLEGE BOULEVARD.NO
SIDE YARD
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
AERI~,L
PHOTOGRAPHY DATED 8/7/97.UTllIW STATEMENT THE IJNDERGROUND UTILITIES
SHOWN HAVE BEEN LOCATED FROM FILED SURVEY INFOHMATION AND
EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEES THA T 'THE UNDERGROUND UTILITIES
SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE
OR ABANDONED. 'THE SURVEYOR FURTHER DOES NOT WARFtANT THAT UNDERGROUND
UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICA TED AL rr-iOUGH
HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY
AS POSSIBLE FROM INFORMATION AVAILABLE. THE