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2001 - November 5 APPROVED MINUTES Planning Commission City of Orange November 5, 2001 Monday - 7:00 p.rn. PRESENT: ABSENT: STAFF PRESENT: INRE: Commissioners Bonina, Pruett, Romero Smith None Karen Sully, Planning Manager, Gary Sheatz, Assistant City Attorney, Roger Hohnbaum, Assistant City Engineer Elaine Steinhardt, Recording Secretary PRESENTATION Chair Smith and Commissioners Pruett and Romero presented Resolution No. PC 37-01 to Toni Carlton commending and thanking her for five years of service on the Planning Commission. Toni Carlton graciously thanked everyone. MOTION Moved by Commissioner Pruett and seconded by Chair Smith to adopt Resolution No. PC 37-01. Because Commissioner Bonina was not a member of the Commission when Toni Carlton served, he abstained from voting. AYES: NOES: ABSTAIN: Commissioner Pruett, Romero, Smith None Bonina MOTION CARRIED IN RE: PUBLIC PARTICIPATION - None IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN - None IN RE: CONSENT CALENDAR 1. APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF OCTOBER 15,2001. MOTION Moved by Commissioner Pruett and seconded by Commissioner Romero to approve the Minutes of October 15,2001. AYES: NOES: INRE: Commissioners Bonina, Pruett, Romero, Smith' None MOTION CARRIED NEW HEARINGS 2. CONDITIONAL USE PERMIT 2359-00 (AMENDING CONDITIONAL USE PERMIT 2132-95)- NATIONAL UNIVERSITY Planning Commission Minutes APPROVEL November 5, 2001 A request to allow the expansion of a private law school by 3,910 sq. ft. (from 14,200 sq. ft. to 18,110 sq. ft.) and to allow the shared use of parking between two office buildings located at 625 and 765 City Drive South. The subject site is zoned C-1 (Limited Business). NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations). RECOMMENDED ACTION: Adopt resolution PC-35-01 approving Conditional Use Permit 2359-00. Since no one was present in opposition to the application, Chair Smith waived full reading of the report. Ms. Karen Sully, Planning Manager, briefly reviewed the information in the staff report. She stated that staff recommended adoption of the resolution approving the requested Conditional Use Permit. She noted that Christopher Carnes, Senior Planner was available to answer questions. Responding to Commissioner Romero's inquiry, Ms. Sully stated no complaints have been received by the City concerning the subject use, National University. Ms. Sully pointed out a typographical error in Section 3 of the resolution on page 2-12 of the staff report and asked that it be corrected as follows: The following conditions are in accordance v/ith standard policy established for alcohol sales: proiect specific. . . Leslie Lombard of Urban Concepts, representing the applicant, National University, said the school has operated smoothly for the 6 years that it has occupied its present site. She described the school as presently occupying a small section of the second floor of a four-story building and she explained that the school's desire to expand to the point of occupying about three-quarters of the second floor is well suited to the site. Because other businesses in the same building close about 5:30 p.m., when school begins, the students are able to use the available parking area. She described the atmosphere of the school as very quiet and characterized the law students as studious adults. Responding to Chair Smith, Ms. Lombard explained the school's intention to do a tenant improvement to provide the additional classroom space. She also answered Chair Smith's question concerning parking lot improvements by stating that they had not intended to make parking lot improvements, as they are the tenant, but if the Commission requested repairs, the University would be happy to relay the request back to the property owner.. Commissioner Bonina said that when he visited the site, he found the parking lot had settled in places and planters were lifting. He said some parking bumpers had been overturned. He was also of the opinion that the parking lot should be kept cleaner. Ms. Lombard stated she was unaware of the problems brought up by Commissioner Bonina, but she indicated she would speak to the building owner about Commissioner Bonina's concerns. Responding to Chair Smith's inquiry concerning the subject request being the beginning of a tiered expansion plan by National University, Ms. Lombard said presently she did not know of any future plans to expand at this time. Also responding to Chair Smith's request, Ms. Lombard explained the school's staggered attendance plan. She said 175 students attend class on Mondays and Wednesdays, and the other 175 students attend class on Tuesdays and Thursdays. She explained the school also functioned on 2 APPROVED Planning Commission Minutes November 5,2001 Saturdays from 9 a.m. to 1 p.m., with some courses being taught, plus accommodating students who wish to use the building during those hours. Chair Smith opened the public hearing but when no one else wished to speak, she asked Ms Lombard to make her final summary on behalf of the applicant. Ms Lombard thanked the Commission and explained that National University was an excellent shared use for that area. Chair Smith closed the public hearing. Commissioner Pruett discussed the shared parking and indemnity agreement and asked for clarification concerning the need for an indemnity agreement. Assistant Attornev Gary Sheatz explained the indemnity agreement was offered by the applicant's attorney and Mr. Sheatz was of the opinion that it was written to protect the City very well. He stated it will run with the land as does the conditional use permit and would be binding on any future tenant of the building. He explained that signing an indemnity agreement was not a normal routine event and most probably would not occur again unless offered by another applicant. Ms. Lombard was asked by the Commission to express their concern to the building owner and the University, about the condition of the parking lot. The applicant will change the spelling of Assistant City Attorney Sheatz's name on page 2-22 (Attachment 8 - Indemnity Amendment) of the staff report. MOTION Moved by Commissioner Pruett, seconded by Commissioner Romero for adoption of resolution PC 35-01 approving Conditional Use Permit 2359-00, based on the findings in Section 1 of the resolution and subject to conditions of approval 1 through 5 in Section 3 of the resolution. AYES: NOES: Commissioners Bonina, Pruett, Romero, Smith None MOTION CARRIED There was no new business. INRE: ADJOURMENT MOTION Moved by Commissioner Romero and seconded by Commissioner Pruett to adjourn to the training session scheduled on Monday, November 19, 2001 at 6 p.m. AYES: NOES: Commissioners Bonina, Pruett, Romero, Smith None MOTION CARRIED The meeting adjourned at 7:30 p.m. 3 APPROVED PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT 2359-00 AND AMENDMENT TO CONDITIONAL USE PERMIT 2132-95 PAGE 10 OF 10 5. Site Plan, Dated November 5,2001 6. City Centre I Building/Existing Uses and Tenant Spaces, Dated November 5, 2001 7. City Centre IT Building/Existing Uses and Tenant Spaces, Dated November 5,2001 8. Indemnity Amendment, Dated November 5, 2001 9. Application Materials . Application Form . Supplemental Application Form . Landowners' Affidavit CC: Kevin B. Casey National University 11255 North Torrey Pines Road La Jolla, CA 92037-11 City Centre IT Partners C/O Colton Capital Corporation 2301 Campus Drive, Suite 150 Irvine, CA 92612 Leslie Lombard Urban Concepts 9911 West Pico Blvd. Suite 540 Los Angeles, CA 90035 General Connecticut Life 625 S. The City Drive Orange, CA 92868 N:\C D D\P L N G\Applications\C U P\CUP 2359 National University\staffreport lO.15.01.doc