GARDEN GROVE CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE CONTINGENTLY APPROVING CONDITIONAL USE PERMIT NO. CUP-284-09 (REV. 2024) TO MODIFY CONDITIONAL USE PERMIT NO. CUP -284-09 (REV. 2023) TO PERMIT AN EXISTING RESTAURANT, LOCATED AT 12941 MAIN STREET IN THE CC-2 (CIVIC CENTER MAIN STREET) ZONE, TO OPERATE A BILLIARD PARLOR WITH EIGHT (8) POOL TABLES AS AN INCIDENTAL USE, AND REVOKING CUP-284-09 (REV. 2023) AND REPLACING IT WITH CONDITIONAL USE PERMIT NO. CUP-284-09 (REV. 2024)
WHEREAS, HTB, Inc., the applicant, submitted a request to operate an incidental billiard parlor with eight (8) pool tables to an existing CC -2 zoned restaurant located on the west side of Main Street, between Garden Grove Boulevard and Acacia Parkway, at 12941 Main Street, Assessor’s Parcel No. 089 -213-12 (the “Property”); and
WHEREAS, the applicant has concurrently requested approval of Zoning Text Amendment No. A-039-2024 to allow billiard parlors and pool halls as an incidental use to a “full service dine-in eating establishment/restaurant" in the Civic Center Main Street (CC-2) zone, subject to a Conditional Use Permit; and WHEREAS, following a public hearing held on June 20 , 2024, the Planning Commission adopted (1) Resolution No. 6090-24 recommending the City Council to approve Zoning Text Amendment No. A-039-2024, and (2) Resolution No. 6091-24 recommending that the City Council approve Conditional Use Permit No. CUP-284-09 (REV. 2024), subject to specified Conditions of Approval, contingent upon the adoption and effectiveness of the proposed Zoning Text Amendment No. A-039-2024; and
WHEREAS, the City Council hereby determines that the proposed project is categorically exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines (14 Cal. Code Regs., Section 15301); and
WHEREAS, concurrently with the adoption of this Resolution, the City Council introduced and conducted first reading of an Ordinance approving Zoning Text Amendment No. A-039-2024; and
WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of August 13, 2024, and considered all oral and written testimony presented.
NOW, THEREFORE, the City Council of the City of Garden Grove does hereby resolve as follows:
1. The City Council finds that the above recitals are true and correct.
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2. The City Council of the City of Garden Grove hereby makes the following findings regarding the Conditional Use Permit No. CUP-284-09 (REV. 2024):
a. The proposed use will be consistent with the City’s adopted General Plan.
The subject property has a General Plan Lan d Use designation of Civic Center Mixed Use (CC), and is zoned Civic Center Main Street (CC-2). The CC designation is intended to provide for a mix of civic, institutional, commercial, higher-density residential, and open space uses. The Civic Center Main Street zone is established to preserve and enhance buildings and structures of historic and cultural significance, and incidental uses that advance and preserve the Main Street character and charm. In particular, the subject proposal is consistent with th e following General Plan goals, policies, and implementation measures, including specifically:
Policy LU-1.4 Encourage a wide variety of retail and commercial services, such as restaurants and cultural arts / entertainment, in appropriate locations.
The subject restaurant is located within Historic Main Street, in an area developed with existing restaurant, retail, and other commercial services.
The proposal to operate an incidental billiard parlor or pool hall with eight tables to the existing operation will improve the amenities and services offered at the subject restaurant, which can further enhance the commercial district.
Goal LU-4 Uses compatible with one another.
The subject restaurant is located within Historic Main Street, which consists of a variety of uses, including retail, restaurant, and personal service uses.
The existing restaurant currently operates two incidental pool tables (amusement devices). With an additional six pool tables, for a total of eight (8), the restaurant will continue t o be compatible with the existing surrounding uses, and other lighter, commercial uses. Conditions of approval are incorporated to ensure the restaurant will remain a “bona fide eating place” (full-service restaurant) serving food and alcoholic beverages for on-site consumption. Furthermore, provided the conditions of approval are adhered to for the life of the project, the use will continue to be compatible with other commercial uses.
Goal LU -5 Economically viable, vital, and attractive commercial centers throughout the City that serve the needs of the community.
The proposed Conditional Use Permit would allow the use of eight (8) pool tables inside an existing restaurant, which is a type of amenity that has not Garden Grove City Council
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existed on Main Street. The incidental billiard parlor is intended to enhance the dining experience at the restaurant and will provide another unique dining experience on Historic Main Street. The proposed modifications to the Conditional Use Permit will make the restaurant more economically viable and allow the restaurant to better serve the needs of the community.
Goal ED -2 The City must attract new businesses, while supporting and assisting those already located within Garden Grove.
The proposed Conditional Use Permit is intended to further enhan ce the dining experience at the existing restaurant and make the business more economically viable. By approving the proposed Conditional Use Permit, the City is providing the business with the resources it needs to be successful. b. The requested use at the location proposed will not: adversely affect the health, peace, comfort, or welfare of the persons residing or working in the surrounding area, or unreasonably interfere with the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site, or jeopardize, endanger, or otherwise constitute a menace to public health, safety, or general welfare.
The use will not adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area. N otwithstanding the incidental pool hall, the subject restaurant will remain a “bona fide eating place” (full-service restaurant) serving food and alcoholic beverages for on- site consumption. The hours of operation will remain the same from 11:00 a.m. to 12:00 a.m., Sunday through Wednesday, and 11:00 a.m. to 2:00 a.m., Thursday through Saturday.
The restaurant with additional services will not unreasonably interfere with the use, enjoyment, or valuation of other properties located within the vicinity of the site, provided the conditions of approval are adhered to for the life of the project. Conditions of approval require the restaurant to comply with the City’s Noise Ordinance. In the event problems arise concerning the operation of this business, the hours of operation may be reduced by order of the Police Department. Operation of the pool tables in the establishment will also be subject to the applicable restrictions and regulations set forth in Chapter 5.40 (Pool Rooms) of the Garden Grove Municipal Code. By operating as a full -service restaurant, with ancillary alcohol sales for on -site consumption, limited live entertainment, and an incidental pool hall, the business will be compatible with the surrounding uses.
c. The proposed site is adequate in size an d shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping , and other Garden Grove City Council
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development features prescribed in this title or as is otherwise required in order to integrate such use with the uses in the surrounding area.
The site, with the existing site improvements, is of adequate size to accommodate the proposed pool tables. As a part of this request, no changes are proposed to the exterior of the building, including site design features such as yards, walls, fences, parking, loading facilities, and landscaping. The subject restaurant will remain as a “bona fide eating place”, and continue to serve food and alcoholic beverages per guidelines of the Alcoholic Beverage Control Department. Provided the conditions of approval are adhered to for the life of the project, the use will be harmonious with the persons who work and live in the area. d. The proposed site is adequately served: by highways or streets or sufficient width and improved as necessary to carry the kind and quantity of traffic such as to be generated, and by other public or private service facilities as required.
The site is centrally located on Main Street. The site is sufficiently served by the public service facilities required, such as public utilities including gas, electric, water, and sewer facilities. As a part of this request, no changes are proposed to the exterior of the building or the overall function of the building. All proposed work resulting from the subject request will be limited to interior tenant improvements. Therefore, the site will continue to be adequately served by all existing highways, streets, and other public and private service facilities.
3. In addition to the foregoing, the City Council incorporates herein by this reference, the facts and findings set forth in the Planning Commission and City Council staff reports for the Project and in Planning Commission Resolution No. 6091-24.
4. The Conditional Use Permit No. CUP -284-09 (REV. 2024) possesses characteristics that would indicate justifi cation of the request in accordance with Municipal Code Section 9.32.030.D.4 (Conditional Use Permit).
5. Conditional Use Permit No. CUP -284-09 (REV. 2024) is hereby approved, subject to an ordinance adopted by the Garden Grove City Council approving Zoning Text Amendment No. A-039-2024 becoming effective.
6. Upon exercise of the subject request, Conditional Use Permit No. CUP-284-09 (REV. 2023), shall be deemed to be revoked and shall become null and void and superseded by Conditional Use Permit No. CUP-284-09 (REV. 2024).
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7. In order to fulfill the purpose and intent of the Municipal Code and thereby promote the health, safety, and general welfare, the attached Conditions of Approval (Exhibit “A”) shall apply to Conditional Use Permit No. CUP-284-09 (REV. 2024).
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EXHIBIT “A”
Conditional Use Permit No. CUP-284-09 (REV. 2024)
12941 Main Street
CONDITIONS OF APPROVAL
General Conditions
1. Each owner of the property shall execute, and the applicant shall record a “Notice of Discretionary Permit Approval and Agreement with Conditions of Approval,” as prepared by the City Attorney’s Office, within 30 days of approval. All conditions of approval are required to be adhered to for the life of the project, regardless of property ownership. Any changes of the conditions of approval require approval by the Planning Commission.
2. All Conditions of Approval set forth herein shall be binding on and enforceable against each of the following, and whenever used herein, the term “applicant” shall mean and refer to each of the following: the project applicant, HTB, Inc., the developer of the project, the owner(s), Andrew Nguyen, and tenants(s) of the property, and each of their respective successors and assigns. The applicant and subsequent owner/operators of such business shall adhere to the conditions of approval for t he life of the project, regardless of property ownership. Any changes of the conditions of approval require approval by the applicable City hearing body, except as otherwise provided herein.
3. This Conditional Use Permit only authorizes a 6,000 square foot restaurant, located at 12941 Main Street, as depicted on the plans submitted by the applicant and made a part of the record of the August 13, 2024, City Council proceedings, to operate with an Alcoholic Beverage Control Type “47” (On Sale, General, Eating Place) License, limited live entertainment in the form of one vocalist and one amplified instrumentalist, and an incidental billiard parlor/pool hall with a total of eight (8) tables . Approval of this Conditional Use Permit shall not be construed to mean any waiver of applicable and appropriate zoning and other regulations; and wherein not otherwise specified, all requirements of the City of Garden Grove Municipal Code shall apply. Modifications which do not change the intent of the project may be approved by the Community Development Director in his or her discretion.
4. Minor modifications to the approved site plan, floor plan, and/or these Conditions of Approval may be approved by the Community Development Director, in his or her discretion. Proposed modifications to the approved floor plan, site plan, or Conditions of Approval that would result in the intensification of the project or create impacts that have not been previously addressed, and which are determined by the Community Development Director not to be minor in nature shall be subject to approval of new and/or amended land use entitlements by the applicable City hearing body. All conditions of approval Garden Grove City Council
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shall be implemented at the applicant’s expense, except where specified in the individual condition.
5. If major modifications are made to the approved floor plan that result in the intensification of the project or create impacts that have been previously addressed, a new Conditional Use Permit application shall be filed which reflects the revisions made.
Public Works Water Services Division
6. During cleaning of kitchen hoods, all generated waste must be captured and discharged to sewer.
7. No permanent structures, trees, or deep -rooted plants shall be placed over sewer main or water main.
8. Location and number of fire hydrants shall be as required by Water Services Division and Orange County Fire Authority (OCFA).
Public Works Sewer Division
9. Commercial food use of any type requires the installation of an approved grease interceptor, according to Garden Grove Sanitary District’s Ordinance No. 6 (Fats, Oil and Grease Control Regulations Applicable to Food Service Establishments). In the event that an approved grease interceptor is not already installed, a properly sized grease interceptor shall be installed on the sewer lateral and maintained by the property owner. There shall be a separate sanitary waste line that will connect to the sewer lateral downstream of the grease interceptor. All other waste lines shall be drained through the grease interceptor. Gre ase interceptor shall be located outside of the building and accessible for routine maintenance. Owner shall maintain comprehensive grease interceptor maintenance records and shall make them available to the City of Garden Grove upon demand.
10. Food grinders (garbage disposal devices) are prohibited per Ordinance 6 of the Garden Grove Sanitary District Code of Regulations. Existing units are to be removed.
Orange County Fire Authority (OCFA)
11. The applicant and subsequent operator(s) shall post the occupancy l oad, as determined by OCFA. At no time shall the restaurant exceed the posted occupancy load.
12. The applicant shall comply with the OCFA’s Fire Master Plan.
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Building Department
13. The applicant shall comply with the latest California Building Code (CBC).
14. A wheelchair accessible seating space shall be provided at the bar area.
15. Prior to the installation of the proposed pool tables, and prior to approval of a business license renewal due to the change of ownership at the subject location, the applicant shall obtain all necessary permits, including, but not be limited to, a building permit for a change in occupancy, including any proposed tenant improvements. The applicant shall verify the proposed business complies with all applicable requirements of the California Building Standards Code for matters relating to, but not be limited to: Ensuring the existing building can accommodate the new occupancy; verifying the allowable floor area; verifying occupancy separation; and other code requirements in accordance with the applicable occupancy type.
Police Department
16. There shall be no gaming tables or gaming machines, as outlined in City Code Sections 8.20.010 and 8.20.050, on the premises at any time.
17. As shown on the approved floor plan under Conditional Use Permit No. CUP- 284-09 (REV. 2024), pool playing shall be limited to a maximum of eight (8) tables adjacent to the storefront, at any time during the hours of operation of the restaurant.
18. Hours of operation shall be permitted only between the hours of 11:00 a.m. to 12:00 a.m., Sunday through Wednesday, and from 11:00 a.m. to 2:00 a.m., Thursday through Saturday. The City reserves the right to reduce hours of operation, by order of the Chief of the Police Department, in the event problems arise concerning the operation of this business.
19. At all times when the establishment is open for business, billiard and pool hall activities shall be incidental to the sale of food and the operation of the full service restaurant. Patrons who play pool shall be restaurant patrons there consuming food. They cannot be patrons who are only there to play pool.
20. No person under 18 years of age shall be permitted to enter into or remain in any pool room, except when such person is accompanied by his or her parent or legal guardian.
21. All pool cues shall be located within a secure place, under the control of the owner/employees, and available to patrons through a checkout system.
22. There shall be one primary service counter area from which customers may checkout cue sticks and balls and pay for services.
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23. There shall be no customers or patrons in or about the premises when the establishment is closed.
24. In the event security problems occur, and at the request of the Police Department, the permittee, at his own expense, shall provide a California licensed, uniformed security guard(s) on the premises during such hours as requested by the Police Department.
25. The sale of alcoholic beverages for consumption off the premises is prohibited.
Consumption of alcoholic beverages shall not occur anywhere outs ide of the establishment at any time.
26. There shall be no enclosed booths on the premises at any time. Walls and/or partitions exceeding thirty-six (36) inches in height, which partially enclose or separate booths, shall be of a clear and transparent material. No item shall be placed in the area of the booths that would limit or decrease the visibility of the interior of the business from any location within the business.
27. No alcoholic beverages shall be consumed in the waiting area.
28. The tenant space store front, including windows and doors, shall be kept clear, transparent, and unobstructed, so that all parts of the dining area , including the area of the eight (8) pool tables, are visible at all times.
29. The business, prior to opening, shall show proof to the Police Department that all members of the business staff have completed the LEAD training (Licensee Education on Alcohol and Drugs) through the Alcohol Beverage Control Department or an ABC approved “Responsible Beverage Service (RBS) Training” program.
30. The sale of alcohol shall cease thirty (30) minutes prior to closing.
31. Applicant shall maintain a level of lighting in the establishment sufficient to ensure that individuals inside the restaurant can be clearly seen and identified by an observer from the p ublic right-of-way at all times. Low level lighting that does not enable an observer to clearly see and identify individuals inside the restaurant is prohibited.
32. No payment (entrance fee/cover charge) shall be charged to gain access to the business at any time.
33. No “B-girl” or “hostess” activity (as defined in Penal Code Section 303) shall occur within the establishment at any time.
34. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the establishment, nor shall the business provide or permit, or make available either gratuitous or for compensation, male or Garden Grove City Council
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female persons who act as escorts, companions, or guests of and for the customers.
35. No employee or agent shall solicit or accept any alcoholic or nonalcoholic beverage from any customer while in the business.
36. Any violations or noncompliance with the conditions of approval may result in the issuance of an Administrative Citation of u p to $1,000 pursuant to GGMC
1.22.010(a).
Community Development Department
37. The Conditional Use Permit No. CUP -284-09 (REV. 2023) that previously governed the operation of the subject restaurant shall be null and void, and superseded in its entirety, by approval of CUP-284-09 (REV. 2024).
38. The establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Alcoholic Beverage Control (ABC). The restaurant shall contain sufficient space and equipment to accommodate a full restaurant kitchen, and the kitchen shall be open and preparing food during all hours the establishment is open. The establishment shall provide an assortment of food s normally offered in restaurants.
39. In the event that an Alcoholic Beverage Control (ABC) License is suspended for any period of time and/or the licensee is fined for any ABC violation as a result of disciplinary action, the Conditional Use Permit shall be presented to the Planning Commission for review or further consideration.
40. At all times when the establishment is open for business, the sale of alcoholic beverages shall be incidental to the sale of food.
41. The quarterly gross sales of alcoholic beverages s hall not exceed 35% of the sales of food.
42. The owner of the establishment shall, upon request, provide the City of Garden Grove with an audited report of sales ratio of food to alcoholic beverages.
43. There shall be no more than eight (8) billiard/pool tables on the premises at any time and in the specific location of the restaurant as depicted on the plans submitted by the applicant and made a part of the record of the June 20, 2024, Planning Commission proceedings. During the plan check review process, the Building and Safety Division will review the plans to ensure compliance with applicable requirements of the California Building Standards Code for the proposed occupancy of the facility, which may impact the number of billiard/pool tables that the subject space can ac commodate. During the plan check process, the Building and Safety Division will determine the exact number of pool tables that shall be allowed on the premises based on complying with the occupancy requirements for assembly use. The Department Garden Grove City Council
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Director sha ll be authorized to reduce the maximum number of permitted billiard/pool tables as a result of this analysis, and may in such case issue an addendum to these Conditions of Approval, which shall supersede the maximum number of tables se t forth in this Condi tion No. 43 and be enforceable as a Condition of Approval.
44. League play and tournaments related to billiards and pool playing activities may be allowed inside the restaurant. In the event that activities related to league play or tournaments cause a nuisanc e, hindrance, and/or other problems, the applicant shall devise and implement a plan to relieve the situation to the satisfaction of the Community Development Director. The applicant shall submit a plan to resolve the issue(s). The plan may include, but not be limited to: reducing the hours of operation, limiting the number of pool tables in use at one time, limiting the number of attendees per tournament or other special event; and/or other actions that may be deemed applicable to the situation.
45. No outside storage or displays shall be permitted at any time.
46. A prominent, permanent sign stating “NO LOITERING IS ALLOWED ON OR IN FRONT OF THE PREMISES” shall be posted in a place that is clearly visible to patrons of the licensee. The sign lettering shal l be four (4) to six (6) inches high with black letters on a white background. The sign shall be displayed near or at the restaurant’s entrance, and shall also be visible to the public.
47. Limited live entertainment shall be subject to the following:
a. Entertainment shall be limited to include up to two performers in the form of one amplified instrumentalist and one vocalist. b. No dancing and no nightclub shall be permitted.
c. There shall be no raised platform, stage or dance floor permitted on the premises at any time. The location of the entertainment area shall be centrally located within the restaurant.
d. Amplified sound or vibration emitted from the premises shall not be audible from outside the boundaries (walls) of the establishment. The property owner shall provide sound attenuation where necessary to limit noise and vibrations to neighboring properties.
e. No amplified music shall be permitted outside of the fully enclosed building.
f. All entertainment shall be conducted within the wholly enclosed restaurant building.
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g. Entertainment shall be incidental to the restaurant. At no time shall the entertainment be utilized as a primary use or as an attraction to draw customers to the establishment.
h. Food service shall be provided during all hours the restaurant is o pen, including when the entertainment is occurring.
i. No cover charge or other type of entrance fees shall be required for entrance into the restaurant.
j. Conditional Use Permit No. CUP-284-09 (REV. 2024) may be revoked if it is determined that the proposed a nd/or subsequent operation jeopardizes the health, safety, and welfare of those living, working, shopping, dining, visiting, in the area of the subject establishment.
48. There shall be no uses or activities permitted of an adult -oriented nature as outlined in Municipal Code Section 9.18.050 (Adult Entertainment Uses).
49. There shall be no deliveries to or from the premises before 8:00 a.m. and after 9:00 p.m., seven days a week.
50. The entrance door facing the westerly parking lot shall be closed after 10:00 p.m., except to permit employee ingress and egress, and emergency access.
Restaurant patrons shall use the front entrance facing Main Street to access the restaurant after 10:00 p.m.
51. Litter shall be removed daily from the premises, including adjacent public sidewalks, and from all parking areas under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis, to control debris.
52. All trash bins shall be kept inside the trash enclosure, and gates closed at all times, except during disposal and pick -up. Trash pick -up shall be based on the existing schedule provided by the applicant.
53. All graffiti vandalism shall be abated within th e premises. Best management practices shall be implemented to prevent and abate graffiti vandalism within the premises throughout the life of the project, including, but not limited to, timely removal of all graffiti, the use of graffiti resistant coatings and surfaces, the installation of vegetation screening of frequent graffiti sites, and the installation of signage, lighting, and/or security cameras, an necessary.
Graffiti shall be removed/eliminated as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.
54. The applicant is advised that the establishment is subject to the provisions of State Labor Code Section 6404.5 (ref: State Law AB 13), which prohibits smoking inside the establishment as of January 1, 1995.
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55. No roof-mounted mechanical equipment shall be permitted unless a method of screening complementary to the architecture of the building is approved by the Community Development Department, Planning Services Division. Said screening shall block visibility of any roof-mounted mechanical equipment from view of public streets and surrounding properties.
56. No satellite dish antennas shall be installed on said premises unless, and until, plans have been submitted to and approved by the Community Development Department, Planning Services Division. No advertising material shall be placed thereon.
57. Permits from the City of Garden Grove shall be obtained prior to displaying any temporary advertising (i.e., banners).
58. Signs shall comply with the City of Garden Grove sign requirements. No more than 15% of the total window area and clear doors shall bear advertising or signs of any sort. No signs advertising alcoholic beverages shall be placed on the windows. Any opaque material applied to the store front, such as window tint, shall count toward the maximum window coverage area. Any modifications to existing signs or the installation of new signs shall require approval by the Community Development Department, Planning Services Division prior to issuance of a building permit.
59. The Conditional Use Permit may be called for review by City staff, the City Council, or Planning Commission, if noise or other complaints are filed and verified as valid by the Code Enforcement office or other City department concerning the violation of approved conditions, the Garden Grove Municipal Code, or any other applicable provisions of law.
60. If deemed necessary by the Community Development Director, the Conditional Use Permit may be reviewed within one year from the date of this approval, and every three (3) years thereafter, in order to determine if the business is operating in compliance.
61. A copy of the decision and the conditions of approval for Conditional Use Permit No. CUP 284-09 (REV. 2024) shall be kept on the premises at all times.
62. The permittee shall submit a signed letter acknowledging receipt of the decision approving Conditional Use Permit No. CUP 284 -09 (REV. 2024), and his/her agreement with all conditions of the approval.
63. The applicant shall, as a condition of project approval, a t its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, or proceeding against the City, its officers, agents, employees and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body, or City staff action concerning Zoning Text Amendment No. A-039-2024 or Conditional Use Permit Garden Grove City Council
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No. CUP-284-09 (REV. 2024). The applicant shall pay the City’s defense costs, including attorney fees and all other litigation related expenses, and shall reimburse the City for court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay a ny adverse financial award, which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein.