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RES-8538 Granting Conditional Use Permit No. 2111-95RESOLUTION NO, 8538 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE OVERRULING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW WEEKLY BINGO GAMES UPON PROPERTY SITUATED AT THE NORTHWEST CORNER OF MEATS A VENUE AND CANAL STREET. Conditional Use Permit 2111- 95 The New Young Americans Applicant RECITALS:After report thereon by the Planning Commission and after due public hearings as requir~d by law, and after receiving a recommendation from the Planning Commission, recommending, by Resolution No. PC 32- 95, that Conditional Use Permit 2111-95 be granted to allow weekly bingo games upon property situated at the northwest comer of Meats Avenue and Canal Street, the City Council considered Conditional Use Permit 2111-95 and determined that the recommendation of the Planning Commission should be overruled and Conditional Use Permit 2111-95 be granted. Subject property is more particularly described as follows:Portions of Lots 20 and 21 of the Fletcher Tract, Los Angeles 1-41.During the public hearing, the City Council found the following facts:1. The applicant, the New Young Americans, Inc., is proposing to operate weekly bingo games in a community meeting facility located within the Super Sports commercial recreational complex ( located at the northwest comer of Meats Avenue and Canal Street on the former Peralta Junior High School ground).The New Young Americans, Inc. (d,b,a. Young Americans), is a non-profit tax exempted corporation that operates a national training program for entertaining skills (such as singing, dancing and acting).2. The applicant is proposing to use two rooms in the Super Sports community activities building ( formerly the school auditorium) to operate bingo games for fund raising purposes. The two rooms are estimated to have the capacity to serve 200 to 250 bingo players, The applicant will charge a fee to play. The money raised will cover profits going to the New Young Americans. The bingo games are to be in operation on Thursday nights from 6:00 p.m. to 10:00 p,m. The applicant is proposing to divide the auditorium and stage areas to allow for smoking and non- smoking seating. 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, while Title 17 contains land use regulations regarding building placement, 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 determination by the Planning Commission.4. The Police Department originally noted that the applicant's request was inconsistent with Section 5.95.030 of the OMC which requires that the premises be owned or occupied by an applicant for at least 36 months prior to filing a CUP to hold bingo games. On July II, 1995, the City Manager waived this eligibility requirement on the basis that the applicant had been operating in the vicinity of Orange for several years (Canyon and Brea/Olinda High Schools) and had performances occasionally in Orange at Chapman College. The City Manager's decision included a recommendation that the operation of the bingo games be limited to only New Young Americans, Inc., and that the bingo operation be limited to only one year wit the requirement that the applicant resubmit for a new CUP to be allowed to continue the bingo operation.5. On August 21, 1995, the Planning Commission recommended that the City Council deny the applicant's requests.NOW, TIlEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Conditional Use Permit 2111-95 be granted for the following reasons:1. Granting of this Conditional Use Permit will not cause deterioration of bordering land uses, nor will it create special problems for the area in which the proposal is located.2, The project as proposed and with imposition of conditions of approval will not result in any problems of ccmpatibility with other land uses in the area.Reso. No. 8538 SSH: BE IT FURTHER RESOLVED that Conditional Use Permit 2111-95 be granted subject to the following conditions:1. The project shall be constructed per plans approved by the City Council and on file with the Department of Community Development.2, This approval is limited to one year from commencement of the bingo, at which time the Planning Commission will once again review the application and determine whether or not it will be allowed to continue.3. The bingo operation shall be conducted between 6:00 p.m. and 10: 00 p.m. one night a week.4. The bingo operation shall be operated only the New Young Americans, Inc. 5. building,The bingo operation shall be conducted wholly within the existing 6. Subject to the provisions of the Uniform Fire Code and Uniform Building Code, the exiting door on the north side of the building shall be kept closed except in case of an emergency.7. 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 0beuniform::d or licensed.8, No advertising of the bingo games shall be permitted on premise where it is visible from the exterior of the building.The following code provisions are applicable to this project and are included for information only, This is not a complete list of requirements and other Code provisions may also apply,If not utilized within two years of the date of Planning Commission approval, this Conditional Use Permit shall expire.The applicant shall comply with all rules and regulations set forth in Chapter 5.95 of the Orange Municipal Code,The applicant shall comply with all State laws regulating smoking in the workplace and public places.SSH:ld Reso, No, The following requirements shall be complied with to the satisfaction of the City's Fire Department and other Departments as noted: The applicant shall comply with City's Building and Fire Departments requirements regarding building occupancy, aisle widths and access. ADOPTED this 14 th day of November 1995. 1/.. -'I" .' J .-' ,.1-' b l _ /,/rl /)---) ~..__- _ ("< .-";.r, ' i-/ '.Mayor of the City of Oran~i'ArrEST:A2uJ &~City Clerk of City of OrangeIherebycertify 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 14 th of November. 1995, by the following vote:A YES: COUNCIL MEMBERS: MURPHY I BARRF.RA, MAYOR COONTZ, SPURGEON, SLATER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE 1A_~~City Clerk of e CIty of Orange Reso, No, 8538 SSH:ld 4