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RES-10356 Approval of Conditional Use Permit for Bingo Facility at St. Mary's Syriac Orthodox ChurchRESOLUTION NO. 10356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 2740-08, AMENDING CONDITIONAL USE PERMIT NO. 2676- 07, WITH REGARD TO THE DAY BINGO GAMES WILL BE ALLOWED AT A BINGO FACILITY AT THE PROPERTY LOCATED AT 1515 EAST TAFT AVENUE.APPLICANT: ST. MARY'S SYRIAC ORTHODOX CHURCH WHEREAS, on April 22, 2008, the City Council approved Conditional Use Permit No. 2676-07, allowing bingo games at a Bingo Hall facility, subject to conditions, located at 1515 East Taft Avenue; and WHEREAS, subsequent to the approval of Conditional Use Permit No. 2676-07, the applicant, S1. Mary's Orthodox Church decided to change the day it wished to conduct bingo games, requiring a change to Condition No. 11, and necessitating an amendment to the conditional use permit, as described in Conditional Use Permit No. 2740-08; and WHEREAS, the application for Conditional Use Permit No. 2740-08 was filed and processed in the time and manner prescribed by State and local law; and WHEREAS, Conditional Use Permit No. 2740-08 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 February 2, 2009, the Planning Commission conducted one duly advertised public hearing, at which time they adopted Resolution PC 03-09, a resolution recommending that the City Council approve Conditional Use Permit No. 2740-08; and WHEREAS, on February 24, 2009, 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. 2740-08, modifying Conditional Use Permit No. 2676-07, with regard to the day bingo games may be conducted 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 NOW, THEREFORE, BE IT RESOLVED that the City Council approves Conditional Use Permit No. 2740-08, modifying Conditional Use Permit No. 2676- 07 with regard to the day bingo games may be conducted at the Bingo Hall facility located 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 amended project is consistent with the goals and policies stated within the City' s General Plan in that the amended 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 that the adjoining residential neighborhood is protected from any impacts. The Police Department has reviewed the bingo use amendment and recommended conditions remain in place 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 involve the Police Department in the development review process.Conditional Use Permit Required Findings:I. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community.Approval of this amendment is granted upon sound principles of land use and in response to services required by the community. Churches are conditionally permitted in the RI-8 zoning district. The applicant's proposal for a bingo hall on Tuesday night only is an ancillary use of the Church operations. Further, conditions of approval remain in place that will assure the use will meet all required City codes, including O.M.C. Chapter 5.95 Bingo Games. The proposed use, to modify the day bingo games may occur at the facility, provides an additional entertainment opportunity to those residents desiring to assist S1. Mary's in raising funds for the Church on a day that does not compete against any other facilities engaged in fundraising through the use of bingo games.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 ancillary bingo hall use does not propose to utilize any outdoor areas of the property as the bingo games will be held inside the multipurpose facility. The bingo hall use will be limited to Tuesdays 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, staff believes that modification of the conditional use permit with regard to the day will not cause the deterioration of the residential land uses nor create special problems for the area. Furthermore, the conditional use permit will be subject to an annual review to ensure bordering land uses are not impacted. The review will include, but not limited to number of service calls, crime statistics and any security issues that may arise. 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 amendment to the conditional use permit has been considered in relationship to its effect on the community or neighborhood plan for the area. The use proposed in the amended conditional use permit application remains compatible with surrounding land uses. The Security Plan remains intact and 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. As conditioned, multiple uses of the Church facility will not be used concurrently and adequate on-site parking and available mass transit in the immediate area. Accordingly,staff anticipates that there will be no impacts from changing the day of bingo requested in this amendment.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 are maintained 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. Operation of the Bingo Hall to host bingo games will be limited to Tuesdays from 5:00 p.m. to 10:00 p.m. The facility will be subject to regulations contained in O.M.C. Chapter 5.95 regarding bingo facilities. The amendment to change the day bingo games are held does not affect staff s analysis under the previous conditional use permit, and as outlined above, conditions are imposed to ensure that the general welfare to those residing in the area is preserved.SECTION 2 - ENVIRONMENTAL REVIEW The proposed project, as amended, 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 APPROV AL 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 O.M.C.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 Tuesday 5:00 p.m. to 10:00 p. m.Should the applicant wish to change the days of operation, a written request must be submitted to the Community Development Director and Police Chief at least two weeks prior to the change for review and approval by the Community Development Director and Police Chief or their designees.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 during bingo 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: 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 24th day of February, 2009. ATTEST: range d 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 24th day of February, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None