RES-10171 Approving Conditional Use Permit For Bingo Hall FacilityRESOLUTION NO. 10171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING CONDITIONAL USE PERMIT
NO. 2625-06 ALLOWING BINGO GAMES (BINGO
HALL FACILITY) AND A SHARED PARKING FACILITY
AT THE PROPERTY LOCATED AT 1030-
1032 NORTH
LEMON STREET.APPLICANT: JIM FRIZE, OUSD SCHOOL
PRIDE BINGO WHEREAS, Orange Municipal Code (OMe) Section 17.20.030 lists the
Permitted Use Types within industrial districts and it was determined by the
Community Development Director, pursuant to OMC Section 17.20.040, that a Bingo Hall requires the approval
of a conditional use permit within the Ml (Light Industrial)
District; and WHEREAS, OMC Section 17.10.030.D requires the City Council to have
the final approval authority for all conditional use permits granted for Bingo
Games; and WHEREAS, OMC Section 17.34.100, allowing the establishment of
shared parking facilities, requires the approval of a conditional use
permit; and WHEREAS, the application for Conditional Use Permit No. 2625-06
was processed in the time and manner prescribed
by law; and WHEREAS, Conditional Use Permit No. 2625-06 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, the existing multiple tenant industrial complex
was developed in 1977 consisting of five buildings on four contiguous parcels with a total of 103,
500 square feet of overall building area, providing 220 parking spaces and reciprocal
access easements to provide through access
between the parcels; and WHEREAS, on April 5, 1993, the Planning Commission of
the City of Orange approved Resolution No. PC 15-93, for Conditional Use Permit
No. 2008-93 to allow the establishment of Household of Faith Family Church and to
permit the joint use of parking facilities within the complex
at 1024 N. Lemon Street; and WHEREAS, on July 17, 1995, the Planning
Commission of the City of Orange approved Resolution No. PC 25-95, for
Conditional Use Permit No. 2116-95 to modify Conditional Use Permit No. 2008-93
to allow Household of Faith Family Church to expand into an industrial space for evening and
weekend use as
WHEREAS, School Pride Bingo is requesting approval of Conditional Use Permit No.
2625-06 to allow the establishment of a Bingo Hall facility to host bingo games
on Wednesdays and Saturdays from 6:00 p.m. to 11 :00 p.m. and to permit shared parking
facilities at 1030-1032 N. Lemon
Street; and WHEREAS, Household of Faith Family Church expressly admits that they
do not utilize the shared parking spaces on Saturday nights and waive their shared parking
rights after 5:00 p.m. on Saturdays
evenings; and WHEREAS, School Pride Bingo will utilize the shared parking spaces
on Saturday evenings after 5:00 p.
m.; and WHEREAS, Household of Faith Family Church waives their shared
parking rights after 5:00 p.m. on Wednesday evenings for all of their parking spaces except for
eight (8)parking spaces directly in front of the church. School Pride Bingo or their patrons
will not utilize these eight (8) parking spaces on Wednesday
evenings; and WHEREAS, all parties agree that on Wednesday evenings that Household
of Faith Family Church or their parishioners will not utilize the parking spaces associated
with building
5; and WHEREAS, a Cooperative Agreement between Household of Faith
Family Church and OUSD School Pride Bingo reflecting the aforementioned parking arrangements
will be recorded that supersedes Conditional Use Permit No. 2008-93, as it relates
to parking spaces used/occupied on Wednesday and
Saturday evenings; and WHEREAS, on March 13,2007, 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. 2625-06 upon
property
generally described as follows:PARCEL 4 IN THE CITY OF
ORANGE, COUNTY OF ORANGE,AS PER MAP FILED IN BOOK 67, PAGE
18 OF PARCEL MAPS,IN THE OFFICE
OF THE COUNTRY RECORDER NOW, THEREFORE, BE IT RESOLVED that
the City Council approves Conditional Use Permit No. 2625-06 to allow a Bingo Hall facility
to host bingo games on Wednesdays and Saturdays from 6:00 p.m. to 11 :00 p.m. and a
shared parking facility at 1030-1032 N. Lemon Street,
based on the following
findings:SECTION 1 - FINDINGS 1. A Conditional Use Permit shall be granted upon sound principles of
land use and in response to services
required by the community.The Land Use Element of the City's General
Plan encourages "a well-balanced community," "one which provides a broad range
of
as well as recreational, institutional and cultural activities that enhance the overall
living environment." 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 the
Orange Unified School district to raise funds for school aged children. Approval of
shared parking facilities at the subject location to accommodate the proposed use
recognizes a sound approach to use of the land because the parking lot usage by the
different tenants at the subject site will largely occur during different times. The
proposal is consistent with the City's General Plan.
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 proposed use will occur on a site that has been developed for light industrial. The
existing uses include a manufacturing, warehousing, service and church uses. The
subject property is adjacent to other industrial uses and is separated from the residential
land uses by Lemon Street and a concrete block wall eight feet in height. The bingo
hall use does not propose to utilize any outdoor areas of the facilities. 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
shared parking facilities and the continued review of the tenant mix by the City will
ensure that adequate parking for each of the uses is maintained.
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 existing neighborhood consists of an urban and developed environment and the
proposal is consistent with the General Plan. The Land Use Element designates the
subject property as Light Manufacturing, Industrial Manufacturing to the west, light
manufacturing to the north and south, and Mobile Home Residential to the east.
Further, a portion of the bingo patrons currently reside at the adjacent mobile home
park property. Lemon Street has been improved to its full right-of-way width
and all associated street improvements are in place. Driveway access to the
subject property has already been established in four locations along Lemon 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 immediate surrounding residential neighborhood, which
include security measures to ensure the safety of the bingo game patrons. Further
conditions require that the existing building used for the bingo hall use must be brought
into conformance with any applicable Fire and Building Code regulations as they pertain to the
change in
occupancy
OMC Section 17.34.100 requires the considering of a Conditional Use Permit to establish
shared parking facilities, subject to review of the following information. Each of those
guidelines, shown in italics, and the corresponding analysis by staff is provided below:
1. The applicant shall provide a description of the proposed and existing uses and the
project relationship to the surrounding area.
The applicant has provided a list of the neighboring tenants in both buildings located on
the parcel. The existing uses include manufacturing, warehousing, service and church
uses. The subject property is adjacent to other industrial uses and is separated from the
residential land uses by Lemon Street and a concrete block wall eight feet in height. It
is staff's assessment that the establishment of this bingo hall would not cause the
deterioration of the bordering residential land uses nor create special problems for the
area.
2. The applicant shall provide an assessment of the square footage and/or number of
rooms/seats for all uses within the project.
The applicant has provided a list of all uses within the subject parcel. The industrial
uses in general operate Monday thru Friday between the hours of 6:00 a.m. to 5 :00 p.m.
Based on square footage the industrial business make up about 70% of the uses. With
regards to the Church use, the Cooperative Agreement would remedy any potential
parking conflict. Approval of shared parking facilities at the subject location to
accommodate the proposed use recognizes a sound approach to use of the land because
the parking lot usage by the different tenants at the subject site will largely occur during
different times.
3. The applicant shall provide an assessment of the peak parking demand times for each
use, the proximity to mass transit, and the impact of on-site market
support.When reviewing the information for the peak parking demand times for the hours
of operation for the existing industrial uses they do not conflict with the hours of
operation for the bingo hall. The peak demand for the parking lot usage by the different
tenants will largely occur during different times. As indicated previously, the
Cooperative Agreement would alleviate any conflict in terms of parking demand between the
church and bingo hall. Further, the site is located near the Orange Transportation
Center.4. The applicant shall calculate the peak parking demand for each use, including
peak hours of a weekday or evening, and/or
weekend.Based on the Institute of Transportation Engineers (ITE), the peak generating hours
for an Industrial park are from 7:00 a.m. to 9:00 a.m. for employees arriving and from 4:
00 p.m. to 6:00 p.m. for employees leaving on the weekdays. The average
vehicle occupancy was 1.3 persons per automobile on an average weekday. The
peak generating hours for the bingo hall would be from 6:30 p.m. to 7:30 p.m. for
arriving patron and from 9:30 p.m. to 10:30 p.m. for exiting patrons on Wednesday
and Saturday
evenings.5. The applicant shall sum hourly parking demands, as calculated above, to arrive at
a total peak hour parking demand
volume.
Based on the gross floor area for both buildings on the parcel, the demand for parking
spaces for the industrial uses would be 42 spaces on average during the weekdays.
Based on the applicant's information on the number of patrons and method of arrival,
there would be a demand of about 80 spaces on average during the evenings. There
would be no conflict with the church use because of the Cooperative Agreement that
would be in place.
SECTION 2 - ENVIRONMENTAL REVIEW The
proposed project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines 15301 (Class I - 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:I. Applicant
shall
comply with all provisions contained in OMC Chapter 5.95.2. The bingo
hall use will require this facility to be classified as an A3 occupancy. Plans will need to
be submitted to the Building Department and Fire Department for approval reflecting the change
in occupancy.3. The maximum
occupancy shall be posted for the bingo area.4. A separate
set of Handicapped Accessible restrooms is required for this facility.5. Exits shall
be equipped with illuminated exit signs with backup emergency power.6. Plumbing fixtures
shall not be less than specified in CBC Section 2902.2.7. Energy calculations
will be needed for the warehouse conversion to assembly area.8. Provide mechanical (
HVAC) for area of conversion from warehouse to assembly.9. 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.10. Provide information
on cash receiving/dispensing and securing method for bingo game transactions.II. If
refreshments
are to be sold, please provide securing method for transactions.12. Exterior lighting
must be upgraded to meet Building Security Ord. No. 7-79.5
13. Contact the Police Department for crime prevention education.
14. Conditional Use Permit No. 2625-06 will be subject to an annual review. The
review will include, but not limited to, number of service calls, crime statistics and
security.15. Exit doors need to be equipped with panic
hardware.16. Vehicles must be parked in clearly marked parking stalls. Vehicles may not be park
in drive aisles or in areas not designated for
parking.17. Provide a Traffic Control Plan to Public Works, which includes measures that will
be taken to mitigate traffic circulation impacts before and after the bingo
games.18. Operation of the Bingo Hall to host Bingo games will be limited to Wednesdays
and Saturdays from 6:00 p.m. to II :00 p.
m.19. The property owner shall be responsible for updating the shared parking
facility arrangements on the subject property and shall submit any update with
tenant improvement plans for the review and approval by the Community
Development Director, or his or her designee. If it is determined by the Director that a change in
use at the subject site will affect the shared parking facilities that does not meet the
original spirit and intent under which this CUP is approved, an amended conditional use
permit may be
required.20. 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 may be cause
for revocation of this
permit.21. 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.Code
Provisions 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: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.Improvements requiring encroachment permits from the Public Works
Division shall be in accordance with all City standards and
specifications.
Tenant improvement plans shall demonstrate compliance with all applicable
sections of the Building and Fire Codes, as amended from time to time, by the
City.
The fire department connection shall not be affixed to the building. The fire
department connection must be located at least 40 feet away from the building,
within 40 feet of a fire hydrant and on the address side of the building, unless
otherwise determined by the Fire Department. The hydrant shall be located on
the same side of the street as the fire department connection.
The number and location of hydrants shall be determined by Fire and Water
Departments.
Prior to issuance of a fire service (detector check) the required water supplies
for hydrants and fire sprinkler systems shall be determined and the water
supplies shall be approved by the Fire Department.
Provide a fire alarm system as required per U.F.C. Article 10.
ADOPTED this 13th day of March, 2007.
ATTEST:
1t~L~~
Mary E u " City-Clerk, C'
Orange 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 13th day of March, 2007, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru,
Bilodeau COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None Mary p.y,..G-ity Cler ,
of