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IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN - None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
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