Item 286/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Niki Wetzel
Dept:
City Manager Dept: Community Development
Date: 8/13/2024
Subject: Adoption of a Resolution contingently revoking an existing Conditional Use Permit and approving modified Conditional Use Permit No. CUP-284-09 (REV. 2024), for property located at 12941 Main Street, to permit an existing restaurant to operate a billiard parlor with eight (8) pool tables as an incidental use; and the introduction and first reading of an Ordinance amending Chapter
5.40 of the Garden Grove Municipal Code pertaining to pool rooms and approving Zoning Amendment No. A-039-2024 amending Chapters 9.04, and
9.18 of the Garden Grove Municipal Code, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING AMENDMENT NO. A-039-2024 AND AMENDING CHAPTER
5.40 OF TITLE 5 AND CHAPTERS 9.04 AND 9.18 OF TITLE 9 OF THE GARDEN
GROVE MUNICIPAL CODE PERTAINING TO POOL ROOMS, BILLIARD PARLORS AND POOL HALLS, AND INCIDENTAL AMUSEMENT DEVICES. (Action Item)
OBJECTIVE
To transmit a recommendation from the Planning Commission to the City Council to approve Zoning Text Amendment No. A-039-2024 to Title 9 (Land Use) of the Garden Grove Municipal Code pertaining to billiard parlors and pool halls, and to contingently approve Conditional Use Permit No. CUP-284-09 (REV. 2024) modifying and replacing 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 a request that the City Council adopt an Ordinance amending Chapter 5.40 of the Garden Grove Municipal Code pertaining to the regulation of pool rooms along with the amendments implementing Zoning Text Amendment No. A-039-2024.
BACKGROUND
The proposed Zoning Text Amendment and Conditional Use Permit modification were initiated by HTB, Inc., owners of The Wharf restaurant. The Wharf is an existing 6,000 square foot one-story restaurant located on the west side of the Historic Main Street, between Acacia Item 286/2024
Parkway and Garden Grove Boulevard, within the Civic Center Main Street (CC-2) zone and Civic Center Mixed Use (CC) General Plan Land Use designation.
The owners of The Wharf desire to modify the existing Conditional Use Permit for the restaurant to allow it to have eight (8) pool tables for customers and league play. However, any structure containing three (3) or more pool tables is defined as a “billiard parlor” or “pool hall” under the Land Use Code, and this use is not currently permitted within the CC-2 zone.
In December of 2023, the Planning Commission approved Conditional Use Permit No. CUP- 284-09 (REV. 2023) allowing the applicant to modify the existing approved floor plan, to allow the use of two (2) pool tables as incidental amusement devices within the dining are a, and to modify the hours of operation.
After six months of operating under this approval , the applicant wishes to increase the number of pool tables within the dining area of the restaurant to a total of eight (8) tables.
To accommodate this request, a Zoning Text Amendment to allow billiard parlors and pool halls as an incidental use to a “full service dine -in eating establishment/restaurant” in the CC-2 zone, subject to a Conditional Use Permit, is necessary. In conjunction with this request, City staff also recommends making additional updates to various Land Use Code provisions pertaining to “billiard parlors” and “pool halls” to eliminate or revise outdated and internally inconsistent provisions and to ensure development standards and requirements re lated to billiards and pool halls are consistent throughout the Code. Following a public hearing held on June 20, 2024, the Planning Commission adopted Resolution No. 6090-24 recommending the City Council approve Zoning Text Amendment No. A-039-2024.
In conjunction with Zoning Text Amendment No. A -039-2024, City staff also recommends the City Council make minor amendments to Chapter 5.40 o f Garden Grove Municipal Code pertaining to the regulation of “pool rooms ” by the Police Department to make the se regulations consistent with the definitions and regulations for billiard parlors and pool halls in the Land Use Code.
In conjunction with Zoning Text Amendment No. A -039-2024, HTB, Inc. is requesting approval of a modification to Conditional Use Permit No. CUP-284-09 (REV. 2023), to permit the subject restaurant to operate an incidental billiard parlor with eight (8) pool tables , contingent upon the adoption and effectiveness of the proposed Zoning Text Amendment .
Following a public hearing held on June 20, 202 4, the Planning Commission adopted 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.
DISCUSSION
Zoning Text Amendment No. A-039-2024
Proposed updates to Title 9 of the Municipal Code under this Amendment are twofold:
1. Chapter 9.18 would be amended to allow billiard parlors and pool halls as an in cidental use to a full-service dine-in eating establishment or restaurant in the CC-2 zone. Proposed amendment include the following:
Item 286/2024
Amend Table 9.18 -1 ( Use Regulations for the Mixed Use Zone s) to establish “Billiard Parlor/Pool Hall” as an incidental us e to a “full -service dine -in eating establishment/restaurant” in the CC-2 zone.
Amend Section 9.18.030.100 of the Code to update operating conditions and development standards imposed on billiard parlors and pool halls in all mixed-use zones, and to create special operating conditions and development standards for billiard parlors and pool halls incidental to full-service dine-in eating establishments or restaurants. Such conditions and standards would include, but are not limited to:
o Establishing a definition of a “full-service dine-in eating establishment/restaurant”;
o Ensuring billiard parlors in the CC-2 zone are only permitted as incidental uses to full service restaurants;
o Ensuring a Conditional Use Permit is required for such uses; o Specifying that hours of operation may be limited and security measures required; and
o Ensuring that unobstructed views into the establishment are maintained.
2. Chapter 9.04 would be amended to update definitions of “Billiard Parlor” and “Pool Hall” to ensure consistency throughout the Code . The proposed amendment includes the following:
To eliminate one of the two definitions related to “Billiard” and “Pool Hall” in the Municipal Code and retain the definition that is consistent with Title 5 and Title 9 of the Municipal Code.
The definition of "incidental amusement device(s)" would be updated to clarify and limit the number of pool tables to two (2) or fewer tables to ensure consistency between the definitions and applicable standards.
The specific proposed text amendments are described in more detail in the attached proposed Ordinance (Attachment 1) and June 20, 2024, Planning Commission Staff Report (Attachment 3).
Amendments to Chapter 5.40
Businesses operating pool, billiards, and similar gaming tables in the City are subject to separate regulations set forth in Chapter 5.40 (Pool Halls) of the Garden Grove Municipal Code. Amongst other things, the regulations in Chapter 5.40 require a police permit for most pool rooms or pool halls; require all windows and entrances to be left open, clear and unobstructed so as to allow an unimpaired line of sight by a peace officer into the interior of the business premises during business hours; prohibit games of chance; require minors to be accompanied by a parent or legal guardian; and require the business to be closed between Item 286/2024
the hours of 2:00 a.m. and 6:00 a.m. In conjunction with the proposed Land Use Code amendments, City staff proposes that the City Co uncil also adopt minor amendments to Chapter 5.40 of Garden Grove Municipal Code pertaining to the regulation of “pool rooms” by the Police Department to make these regulations consistent with the definitions and regulations for billiard parlors and pool halls in the Land Use Code. Among other things, the amendments would exempt pool rooms or pool halls subject to a Conditional Use Permit under the Land Use Code from the building requirements in Section 5.40.010, which require pool rooms/pool halls to be lo cated in a separate room that is inaccessible from other rooms in the same building.
The Police Department has reviewed and is in agreement with the proposed amendments to Chapter 5.40.
Conditional Use Permit No. CUP-284-09 (REV. 2024)
Because a Zoning Text Amendment is needed in order to approve the requested Conditional Use Permit modification, the City Council is the final decision maker for the Conditional Use Permit. Contingent upon approval of the proposed Zoning Text Amendment and approval of the modified Conditional Use Permit, the restaurant would be allowed to operate a total of eight (8) tables inside the restaurant.
The interior of the Wharf restaurant and the hours of operation will remain unchanged. Pool tables will be used for open play (i.e., no appointments will be required) in conjunction with the services of food and beverage in the restaurant. The subject restaurant will remain a “full- service dine-in eating establishment and will continue to serve food and alcoholic beverages per the establishment’s existing ABC Type “47” license. In addition to daily play offered to patrons, the Wharf will also provide weekly league play and occasional tournaments as a special event or fundraiser.
The Police Department has reviewed the applicant’s reques t for the proposed Zoning Text Amendment and the modified Conditional Use Permit, and is in support of the proposal.
Upon approval and exercise of the subject request, Conditional Use Permit No. CUP-284-09 (REV. 2023), will be revoked and become null and void and superseded by Conditional Use Permit No. CUP-284-09 (REV. 2024).
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The adoption of the proposed Ordinance and contingent approval of the proposed Conditional Use Permit are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301. CEQA’s Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, and minor alterations of existing facilities, with negligible or no expansion of use (CEQA Guidelines §15301).
The proposed Ordinance would amend the Land Use Code to clarify and elimi nate inconsistencies in the definitions and references pertaining to billiard parlors and pool halls; to update and clarify the special operating conditions and development standards that apply to billiard parlors and pool halls in the mixed -use zoning districts; and to expressly permit billiard parlors and pool halls as an incidental use to a “full service dine -in eating Item 286/2024
establishment/restaurant” the CC-2 (Civic Center Main Street) Zone, subject to compliance with specified special operating conditions and development standards and approval of a Conditional Use Permit . The proposed Ordinance would also make minor amendments to Chapter 5.40 of Garden Grove Municipal Code pertaining to the regulation of pool rooms to make the regulations consistent with the d efinitions and regulations for billiard parlors and pool halls in the Land Use Code. These changes relate to the operation and permitting of existing facilities. Although the proposed Ordinance would authorize the operation of pool halls in the CC -2 Zone as an incidental use to a full -service restaurant, the authorized expansion of use is negligible and would not have any foreseeable significant impact on the environment. Restaurant uses are already permitted in the CC-2 Zone, and special operating conditions and development standards will apply to ensure that CC-2 zoned restaurants with an incidental billiard parlor / pool hall will remain primary as full -service dine -in eating establishments. Allowing the operation of billiards and pool tables within an existing restaurant space as an incidental, rather than primary, use will not result in major exterior alterations or significant changes in the operational characteristics of the business.
Similarly, approval of a modification to 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, will not result in more than minor alterati ons or a negligible expansion of the existing use . No expansion of the existing restaurant is required to accommodate the proposed incidental use, and the primary use of the business will continue to be a full-service restaurant.
FINANCIAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council:
• Conduct a Public Hearing;
• Introduce and conduct the first reading of an Ordinance approving Zoning Text Amendment No. A-039-2024; and
• Adopt a Resolution contingently approving Conditional Use Permit No. CUP-284- 09 (REV. 2024) and revoking and replacing Conditional Use Permit No. CUP - 284-09 (REV. 2023).
ATTACHMENTS
1. Draft City Council Ordinance
2. Draft City Council Resolution (CUP-284-09 (REV. 2024))
3. Planning Commission Staff Report dated June 20, 2024 along with associated Resolutions, Minute Excerpt, and Plans