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RES-8610 Conditional Use Permit Approval No. 2134-95RESOLUTION NO. 8610 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE UPHOLDING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW BINGO GAMES UPON PROPERTY SITUATED ON THE SOUTH SIDE OF KATELLA AVENUE BElWEEN GLASSELL AND BATAVIA STREETS (548 W. KATELLA A VENUE). CONDITIONAL USE PERMIT 2134- 95 OUSD) SCHOOL PRIDE RECITALS:After report thereon by the Planning Commission and after due public hearings as required by law, and after receiving a recommendation from the Planning Commission, recommending, by Resolution No. PC 8- 96, that Conditional Use Permit 2134-95 be granted to allow bingo games upon property situated on the south side of Katella Avenue between Glassell and Batavia Streets,the City Council considered Conditional Use Permit 2134- 95 and determined that the recommendation of the Planning Commission should be upheld and Conditional Use Permit 2134-95 be granted. Subject property is more particularly described as follows:The northeast 8.9 acres of Lot I of the Travis Tract on file with the County of Orange.During the public hearing, the City Council found the facts more particularly set forth as follows:1. The applicant, Orange Unified School District (OUSD) School Pride, is proposing to operate weekly bingo games in a converted industrial space within the Metro Court Development located on the south side of Katella Avenue midway between Glassell Street and Batavia Street. The OUSD School Pride organization is a non-profit and tax exempt corporation that contributes the profits from 2. The applicant is proposing to convert a vacant industrial space addressed 548 W. Katella Avenue) to an assembly area and to operate bingo games for fund raising purposes. The tenant space would be divided into two rooms to allow for separate smoking and non-smoking seating areas. The seating area will have a capacity of 175 to 200 persons. The applicant will charge a fee to play. The money raised will cover supplies and cash prizes, with any profits contributed to various OUSD programs. The bingo games are anticipated to be in operation Wednesday nights from 6:00 p.m. to 11:00 p. m.3. The operation of bingo games in the City of Orange is regulated by the City's Municipal Code Title 5, Business Taxes, Licenses and Regulations, and Title 17, Zoning Ordinance. Title 5, Chapter 5.95, contains detailed regulations regarding the issuance of a business license for bingo game operations. Title 17 contains land use regulations regarding required on-site parking and land use compatibility. The bingo regulations contained within Title 5 are enforced by the City's Finance and Police Departments, while the regulations contained in Title 17 are enforced by the City's Planning Department and are subject to detennination by the City Council and Planning Commission. The Finance and Police Departments have approved the applicants request for business license to operate bingo games.4. On February 21, 1996, the Planning Commission recommended that the City Council approve the applicant' s request.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Conditional Use Permit 2134-95 be granted for the following reasons:I. School Pride is an Orange based organization.2. The proposed bingo operation and its contributions are a service required by the local community. 3.surrounding activities.The proposed bingo operation will not have an adverse impact on businesses and will provide a safe environment for community 4.subject site.The proposed bingo operation allows for fuller utilization of the Reso.No. 8610 BE IT FURTHER RESOLVED that Conditional Use Permit 2134-95 be granted subject to the following conditions:1. The project shall be constructed per plans approved by the Planning Commission and on file with the Department of Community Development.2. The bingo operation shall be conducted between 6:00 p.m. and 11: 00 p.m. one night a week. 3. Pride.The bingo operation shall be operated only by the OUSD School 4. building.The bingo operation shall be conducted wholly within the existing 5. The existing door on the south side of the building shall be kept closed except in case of an emergency.6. On-site security shall be provided during bingo games. The security may be a volunteer of the organization conducting the games and is not required to be uniformed or licensed.7. No advertising of the bingo games shall be permitted on premise where it is visible from the exterior of the building.8. The tenant space shall be used for assembly purposes only in accordance with the use provisions of the CR zone and only on weekends,holidays and after 6:00 p.m. on weekdays.ADOPTED this 23rd day of April, 1996.ATTEST:SSH:ls Reso. No. 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 23rd day of April, 1996, by the following vote: AYES: COUNCIL MEMBERS: MURPHY. BARRERA. COONTZ, SPURGEON. SLATER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Reso. No. 8610 SSH:ls 4