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RES-10280 Conditional Use Permit Allowing Bingo Games at 1515 E. Taft Ave.RESOLUTION NO. 10280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 2676-07 ALLOWING BINGO GAMES (BINGO HALL FACILITY) AT THE PROPERTY LOCATED AT 1515 EAST TAFT AVENUE APPLICANT: ST. MARY'S SYRIAC ORTHODOX CHURCH WHEREAS, Orange Municipal Code (OMC) Section 17.14.030 lists the Permitted Use Types within residential districts and, while Bingo Halls are not listed in this table, the Community Development Director has, pursuant to Section 17.14.040, determined that the use is similar to other uses that can be considered with a Conditional Use Permit; and WHEREAS, OMC Section 17.1 0.030.D requires the City Council to have the final approval authority for all conditional use permits granted for Bingo Garnes; and WHEREAS, the application for Conditional Use Permit No. 2676-07 was processed in the time and manner prescribed by law; and WHEREAS, Conditional Use Permit No. 2676-07 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1- Existing Facilities); and WHEREAS, on September 5, 2007 and December 12, 2007, the Staff Review Committee reviewed the proposed request to allow a Bingo Hall facility and recommended that the project proceed subject to conditions; and WHEREAS, on March 3, 2008, the Planning Commission conducted a duly advertised public hearing, at which time they adopted Resolution PC 08- 08, a resolution recommending that the City Council approve Conditional Use Permit No. 2676-07; and WHEREAS, on April 22, 2008, the City Council conducted a duly advertised public hearing, at which time interested persons had an opportunity to testify either in support of or opposition to Conditional Use Permit No. 2676- 07 upon property generally described as follows:LOT 1 OF TRACT NO. 14510, IN THE CITY OF ORANGE,COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 693, PAGES 9 AND 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF NOW, THEREFORE, BE IT RESOLVED that the City Council approves Conditional Use Permit No. 2676-07 to allow a Bingo Hall facility to host bingo games at 1515 E. Taft Avenue, based on the following findings:SECTION 1 - FINDINGS General Plan Required Findings: 1. The project must be consistent with the goals and policies stated within the City's General Plan. The project is consistent with the goals and policies stated within the City's General Plan in that the project would support an activity that adds to a diverse level of social opportunities in the community and where conditions can be applied to ensure protection the adjoining residential neighborhood. Police Department review of the Bingo use and their recommendation of conditions is in support of the General Plan Safety Element Goals that require the City to maintain an adequately manned and equipped police force, maintain crime prevention programs designed to protect residents and property from crime, and involves the Police Department in the development review process. Conditional Use Permit Required Findings: 1. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community. Approval is granted upon sound principles of land use and in response to services required by the community. Churches are conditionally permitted in the Rl-8 zoning district. The applicant's proposal for a bingo hall is an ancillary use of the Church operations. Further,implementation of the conditions of approval will assure the use will meet all codes required by the City, including Chapter 5.95 Bingo Garnes. The proposed use, to allow a Bingo Hall facility to host bingo games within the City provides an opportunity to those residents desiring to assist St. Mary's in raising funds for the Church.2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.The bingo hall use does not propose to utilize any outdoor areas of the facilities, the bingo games will be held inside the multipurpose facility. The bingo use will be strictly limited to Thursdays between the hours of 5:00 p.m. and 10:00 p.m. The Police Department has reviewed and approved the applicant's Security and Safety Plans. The Security Plan indicates security measures to be implemented during the operation of the bingo games,including, but not limited to control at entrance points, number of security personnel and surveillance. Therefore the establishment of this bingo hall in this circumstance would not cause the deterioration of the bordering residential land uses nor create special problems for the area. The Conditional Use Permit will be subject to an annual review. The review will include, but not limited to number of service calls, crime statistics and security. 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. The Conditional Use Permit has been considered in relationship to its effect on the community or neighborhood plan for the area. All uses proposed in the Conditional Use Permit application are compatible with surrounding land uses. The Security Plan indicates security measures to be implemented during the operation of the bingo games, including, but not limited to control at entrance points, number of security personnel and surveillance. The proposed project will provide a needed service for parish members by providing an opportunity for fund raising activities. As conditioned both Church facilities will not be used concurrently, and there is adequate on-site parking and available mass transit in the immediate area; therefore, no impacts are anticipated from this project. The existing neighborhood consists of an urban and developed environment and the proposal is consistent with the General Plan. Driveway access to the subject property has already been established from Taft Street. Coordinating sharing of the parking facilities will ensure that effects on the surrounding community are minimized.4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.Conditions have been included to ensure that the bingo hall operates in a manner consistent with the description provided by the applicant to preserve the general welfare of the immediately surrounding residential neighborhood, which include security measures to ensure the safety of the bingo game patrons. The applicant has provide a Security Plan indicating security measures to be implemented during the operation of the bingo games,including, but not limited to control at entrance points, number of security personnel and surveillance. Operation of the Bingo Hall to host Bingo games will be limited to Thursdays from 5:00 p.m. to 10:00 p.m. The facility will be subject to Chapter 5.95 Bingo of the OMC. The proposed project will compliment surrounding land uses and add to the overall character of the general area.SECTION 2 - ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provlSlons of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities) because it consists of the operation and/or minor alteration of an existing private structure where there is negligible expansion of the use of the property.SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are to be imposed with approval:1. Prior to the operation of any Bingo games, the applicant shall comply with OMC Chapter 5. 95 Bingo.2. The maximum occupancy shall be posted for the bingo area.3. Exits shall be equipped with illuminated exit signs with backup emergency power.3 4. The applicant shall comply with the approved Security Plan indicating security measures to be implemented during the operation of the bingo games, including, but not limited to control at entrance points, number of security personnel and surveillance. 5. Maintain cash receiving/dispensing and securing methods for bingo game transactions, as approved by the Orange Police Department. 6. If refreshments are to be sold, please provide securing method for transactions to the Orange Police Department. 7. Exterior lighting must be upgraded to meet Building Security Ord. No. 7-79. Light spillage to the neighboring properties shall be controlled in a manner that satisfies City standards.8. The applicant is to contact the Orange Police Department for crime prevention education. Education shall be completed prior to the opening of the bingo operation.9. Conditional Use Permit will be subject to an annual review by the Orange Police Department. The review will include, but not limited to number of service calls,crime statistics and security.1 O. Vehicles must be parked in clearly marked parking stalls. Vehicles may not be park in drive aisles or in areas not designated for parking.11. Operation of the Bingo games shall be limited to Thursdays from 5:00 p.m. to 10:00 p. m.12. All bingo games are to only be played inside of the multipurpose facility.13. No other events are to be held in the multipurpose facility or at the Church duringbingo operations.14. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit.15. The applicant agrees to indemnify, hold harmless, and defend the City, it's officers,agents, and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by City's active negligence. The following Code provision is applicable to this project and is included for information only. This is not a complete list, and other Code provisions may apply to the project: Prior to the issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: City Sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as required. Building permits shall be obtained for all construction work, as required by the City of Orange, Community Development Department's Building Division. Failure to obtain the required building permits will be cause for revocation of this design review permit. All structures shall comply with the requirements of Municipal Code - Chapter 15. 52 (Building Security Standards), which relates to hardware, doors,windows, lighting, etc. (Ord. 7-79). Approved structural drawings shall include sections of the security code that apply. Specifications, details, or security notes may be used to convey the compliance. Expiration-If not utilized, this project approval expires two years from the approval date. An extension of time may be permitted upon a written request, if received before the expiration deadline.Violations of conditions of approval constitute a violation of the Orange Municipal Code, per Section 17.1O.030. G.ADOPTED this 22nd day of April, 2008. ATTEST: I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 22nd day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: Bilodeau COUNCILMEMBERS: None 6