item 19 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, t — Garden Grove City Council, August 13, 2024

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING STAFF REPORT

AGENDA ITEM NO.:

C.2.

SITE LOCATION: West side of Main
Street, between Garden Grove Boulevard
and Acacia Parkway, at 12941 Main
Street
HEARING DATE: June 20, 2024 GENERAL PLAN: Civic Center Mixed Use (CC)
CASE NO.: Zoning Text Amendment No.

A-039-2024 and Conditional Use Permit
No. CUP-284-09 (REV. 2024)
ZONE: CC-2 (Civic Center Main Street)
APPLICANT: HTB, Inc. CEQA DETERMINATION: Existing
Facilities (15301)
PROPERTY OWNER: Andrew Nguyen APN: 089-213-12

REQUEST:

The applicant requests approval of a Zoni ng Text Amendment to Title 9 (Land Use) of the Garden Grove Municipal Code pertaining to billiard parlors and pool halls. The proposed Zoning Text Amendment would update portions of Chapters 9.04 and

9.18 of Title 9 of the City of Garden Grov e Municipal Code to update definitions, permitted uses, and special operating co nditions and development standards for billiard parlors and pool halls, including amending the CC-2 (Civic Center Main Street) zone to allow billiard parlors and pool halls as an incidental use to a “full service dine-in eating establishment/restaurant" subject to a conditional use permit.

Contingent upon the adoption and effe ctiveness of the proposed Zoning Text Amendment, the applicant also requests 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. Up on approval and exercise of the subject request, the Conditional Use Permit prev iously governing the tenant space, CUP- 284-09 (REV. 2023), would be revoked and become null and void and replaced by Conditional Use Permit No. CUP-284-09 (REV. 2024).

BACKGROUND:

The subject site is improved with an existing 6,000 square foot one-story restaurant located on the west side of Main Street, between Acacia Parkway and Garden Grove Boulevard. The property is zoned CC-2 (Civic Center Main Street) and has a General Plan land use designation of Civic Center Mixed Use (CC). The building is located within Historic Main Street, which consists of a mix of residential, restaurants, tea shops, retail, personal services, and office uses.

On June 12, 2008, the City of Garden Grove approved Conditional Use Permit No. CUP-233-08 to allow the subject restaurant, which was named 7 Seas STAFF REPORT FOR PUBLIC HEARING PAGE 2 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)
Restaurant at the time, to operate with a new original State Alcoholic Beverage Control (ABC) Type “41” (On-Sale, Beer and Wine, Eating Place) License. On November 12, 2009, the City approved Conditional Use Permit No. CUP-284-09, to allow the restaurant to operate with an AB C Type “47” (On-Sale, General, Eating Place) License. On June 17, 2010, the City approved CUP-284-09 (REV. 10) to allow the modification of the existing floor plan of the restaurant to include a new sushi bar and new rear dining/lounge area; to ex tend the hours of operation to be from 11:00 a.m. to 11:00 p.m., Sunday through Thursday, and 11:00 a.m. to 2:00 a.m., Friday and Saturday; and to allow limited live entertainment in the form of one vocalist and one amplified instrumentalist. In 2009, the restaurant changed ownership and the name of the restaurant was changed to The Wharf.

The applicant, HTB, Inc., acquired the Wharf in July 2023. The applicant is experienced in the restaurant and billiard industry. Currently, the applicant is partnering with other businesses to operate Danny K's Billiards & Sports Bar, located at 1096 N. Main Street, Orange , CA 92867, and Aloha Family Billiards, located at 7311 Orangethorpe Avenue, Buena Park, CA 90621. In addition, the applicant is associated with several billiards and pool leagues, including the American Poolplayers Association (APA), the Billiard Congress of America (BCA), and the United States Professional Poolplay ers Association (UPA). After taking over the operation of the Wharf, the applicant wishes to operate a similar business model that includes a full-service dine-in restaurant with the element of pool playing.

On December 7, 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 operation of two (2) pool tables as incidental amusement devices within the dining area, and to mo dify the hours of operation to be from 11:00 a.m. to 12:00 a.m., Sunday thro ugh Wednesday, and from 11:00 a.m. to 2:00 a.m., Thursday through Saturday. In conjunction, the approval of CUP-284-09 (REV. 2023) also updated the conditions of approval to reflect existing standard conditions of approval currently app lied to new conditional use permits for establishments operating with a State Alco holic Beverage Control (ABC) Type “47” License.

The Zoning Code currently contains multiple definitions related to “billiard parlor” and “pool hall” that impose inconsistent lim itations on the number of pool tables permitted for an establishment, resulting in potential challenges in implementing the Zoning Code. Therefore, City staff al so recommends updating the definitions, permitted uses, and special operating co nditions and development standards for billiard parlors and pool halls, in various areas of the Code, to ensure standards and limitations are consistent throughout the Municipal Code, in conjunction with the STAFF REPORT FOR PUBLIC HEARING PAGE 3 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)
requested amendment to allow billiard parlor/pool hall as an incidental use to a “full-service dine-in eating establishment/restaurant” in the CC-2 zone.

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, will be contingent upon the adoption and effectiveness of the proposed Zoning Text Amendment. 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).

Pool halls in the City are also subject to separate regulations set forth in Chapter

5.40 (Pool Halls) of the Garden Grove Muni cipal Code. Amongst other things, the regulations in Chapter 5.40 require a police permit for some 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 between the hours of 2:00 a.m. and 6:00 a.m. In conjunction with the proposed amendments to Title 9 being considered by the Planning Commission, City staff intends to propose that the City Council also adopt minor amendments to Municipal Code Chapter 5.40, which, among other things, would exempt pool rooms or pool halls subject to a Conditional Use Permit fr om having to obtain a separate police permit, but which would still require co mpliance with the other regulations described above. The proposed amendmen ts to Chapter 5.40 are not within the jurisdiction of the Planning Commission an d are not part of the proposed Code amendments being considered by the Plan ning Commission. However, a copy of the proposed amendments to Chapter 5.40 are attached to this Staff Report for informational purposes only (Attachment 5).

DISCUSSION:

ZONING TEXT AMENDMENT
Updates to Title 9 of the Municipal Code under this Amendment are twofold:

1. To amend Chapter 9.18 of the Code to allow billiard parlors and pool halls as an incidental use to a full-service dine-in eating establishment or restaurant in the CC-2 zone, and to update special operating conditions and development standards for billiard parlors and pool halls in the mixed-use zone; and

2. To amend Chapter 9.04 to update definitions of “Billiard Parlor” and “Pool Hall” to ensure consistency throughout the Code.

BILLIARD PARLOR AND POOL HALL IN THE CC-2 ZONE
Currently, “Billiard Parlor/Pool Hall” is not a listed permitted use (whether automatically permitted, conditionally permitted, or incidentally permitted) in the STAFF REPORT FOR PUBLIC HEARING PAGE 4 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)
CC-2 zone. In order to facilitate the requ est, text amendments to sections of Chapter 9.18 (Mixed Use Regulations and De velopment Standards) of Title 9 of the Municipal Code are necessary. Specific sections that will be amended include Table

9.18-1 (Use Regulations for the Mixed Use Zones) and Section 9.18.030.100 (Specific Uses – Special Operating Conditions and Development Standards pertaining to Billiard/Pool Hall).

Table 9.18-1 is proposed to be amended to establish “Billiard Parlor/Pool Hall” as an incidental use to a “full-service dine-in eating establishment/restaurant” in the CC-2 zone. Proposed updates to the zoning text are as follows:
(Deletions shown in strikethrough, additions shown in bold-italics) Table 9.18-1
Use Regulations for the Mixed-Use Zone
Recreation, Amusement, Entertainment
Permitted
Uses
GGMU-
1, -2, -
3 CC-1 CC-2 CC-3 CC-OS NMU AR
Additional Regulations
and Comments

Billiard
Parlor/Pool
Hall
C [-] [-]I* [-] [-] C [-] See
Section 9.18.030.100 (Billiard
Parlor/Pool Hall).

In the CC-2 zone, billiard
parlors and pool halls are
only allowed as an incidental
use to a full-service dine-in
eating
establishment/restaurant.

Section 9.18.030.100 of the Code includes special operating conditions and development standards pertaining to billiard parlors and pool halls. Proposed Zoning Text Amendments to this section are to update regulations and standards imposed to billiard and pool playing activities 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. Proposed zoning text amendments are as follows:

(Deletions shown in strikethrough, additions shown in bold-italics)

9.18.030.100. Billiard Parlor/Pool Hall.

A. Conditional Use Permit Required. Billiard parlors and pool halls, either as a primary or incidental use , shall require a conditional use permit and be subject to the requirements set fort h in Chapter 5.40 (Pool Rooms) of the Municipal Code. In addition, a conditional use permit for a billiard parlor or pool hall shall be considered to be null and void if the establishment ceases operation for 30 or more consecutive days.

STAFF REPORT FOR PUBLIC HEARING PAGE 5 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)
B. Location Restrictions.

1. Billiard parlors and pool halls shall not be permitted to be located within 200 feet of any "R" zoned property or any PUD established exclusively for residential use, any property containing a residential use, or any building owned and occupied by a public agency.

2. Billiard parlors and pool halls shall not be permitted in a location which would tend to produce a hazard or nuisance to other permitted uses and activities in the vicinity, including such considerations as noise, late night operations, loitering, and public safety.

C. Waiver of Distance and Location Provisions. For a
residential/commercial mixed use development project as defined in this title, aAny property owner , or his or her authorized agent may, as part of the conditional use permit process, apply to the hearing body for a waiver from any of the distance and location provisions contained and/or cross-referenced in this section. The hearing body, through the hearin g process for the conditional use permit, may grant a waiver to any distance or location provision for a residential/commercial mixed use development if the following findings can be made:

1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;

2. That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;

3. That the use will not interfere with the operations of other businesses or uses in the vicinity of on the site;

4. That the establishment of an addi tional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization; nor will it interfere with any program being carried out pursuant to the community redevelopment law;

5. That the establishment complies wi th all other distance and pedestrian and vehicular requirements of this code; and

6. That all applicable regulations of this code will be observed.

D. Access. With the exception of emergency access, all pedestrian and vehicular access to a billiard parlor or pool hall shall be oriented toward a principal, major, or primary arterial street, such as Garden Grove Boulevard, Magnolia Street, and Brookhurst Avenue, except in the CC-2 zone, primary access and entry may be oriented toward Main Street. Access STAFF REPORT FOR PUBLIC HEARING PAGE 6 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)
via a secondary arterial or local residential street shall be prohibited. Arterials and local residential streets are defined in the City's General Plan Circulation Element.

E. Doors. Doors of the establishment shall be kept closed at all times during the operation of the establishment except in the case of an emergency or to permit deliveries.

F. Conditions on Use. The hearing body shall have the authority to impose conditions on a billiard parlor or pool hall to ensure compliance with the provisions of this section and to mitigate against potential nuisance or public safety concerns. Those conditions may include, but are not limited to, restricting hours of operation, requirements for security lighting and cameras, requirements for private security, monitoring of parking lots, and background checks of operators and employees.

G. Denial. The hearing body shall have the authority to deny a conditional use permit application for a billiard parlor or pool hall if the hearing body finds, based on evidence on the record , that approval of such a use would result in an undue concentration of uses with the potential to create adverse conditions within the surrounding area with respect to noise, traffic, late night activities, calls for police services, and other public health, safety, and welfare concerns.

H. The following additional special conditions shall be applicable to eating establishments/restaurants with incidental billiard parlors and pool halls located within the CC-2 zone:

1. For purposes of this section, "full-service dine-in eating establishment/restaurant" is defi ned as an establishment that contains a customer dining area as well as sufficient space and equipment for a full restaurant kitchen. The kitchen shall be open and preparing food during all hours the establishment is open, and shall provide a full menu of food items typically offered in restaurants. Take-out establishments or
establishments that only serve items su ch as sandwiches, salads, snacks or microwave items shall not be deemed to satisfy this definition.

2. Incidental Use: Billiard parlors and pool halls shall be permitted only in conjunction wi th a full-service dine-in eating establishment/restaurant. Billiard and pool playing activities shall not be utilized as a stand-alone use, primary use, or as an attraction to draw customers to the establishment.

3. Conditional Use Permit. A cond itional use permit shall be required.

STAFF REPORT FOR PUBLIC HEARING PAGE 7 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)

4. Food Service. Food service sh all be provided during all hours of operation. The kitchen shall be open and preparing food during all hours the establishment is open, and shall provide a full menu of food items typically offered in
restaurants.

5. Hours of Operation; Security. The hours of operation may be limited and security measu res may be required through the conditional use permit.

6. Windows. Windows shall be ke pt clear at all times and provide an unobstructed view of the dining and pool playing areas from the public right-of-way.

The proposed amendment will be consiste nt with the General Plan's goals, objectives, and elements of the Civic Center Mixed Use (CC) land use designation and the Civic Center Main Street (CC-2) zoning designation, which applies to the historic Main Street, a Garden Grove landmark. The CC General Plan land use designation is intended to provide for a mix of civic, institutional, commercial, residential, and open space. The uses with in this area should contribute to the sense that this area is the heart and soul of the community, as well as a public gathering place. Main Street is locate d within the downtown area, connecting Garden Grove Boulevard and Acacia Parkway. Main Street is recognized as a place of special character and aesthetic interest and value. This zone is established to preserve and enhance buildings and structure s of historic and cultural significance, and incidental uses that advance and pr eserve the Main Street character and charm.

Currently, billiard parlors and pool halls are not listed as a permitted use in the CC-2 zone. In mixed-use zones, billiard parlors and pool halls are conditionally permitted (requiring the approval of a Co nditional Use Permit) in the GGMU-1, 2, and 3 (Garden Grove Boulevard Mixed Use 1, 2, and 3) zones and the NMU (Neighborhood Mixed Use) zone, which allo w a mix of commercial and residential uses. In standard zones, billiards and pool halls are also conditionally permitted in the C-2 (Neighborhood Commercial) zone . The proposed amendment will add an amenity to better serve the needs of the community and will allow Main Street to have the same economic opportunities as other mixed-use and standard zones.

In addition, the proposed amendment will continue to promote the public interest, health, safety, and welfare. The added incidental billiard/pool hall use, subject to a conditional use permit, will not change the primary nature of the restaurant, as the establishment will be required to continue operating as a "full-service dine-in eating establishment/restaurant”. The Special Operating Conditions and Development Standards, as well as any additional site -specific conditions of approval required through the Conditional Use Permit process, will ensure that the proposed “Billiard Parlor/Pool Hall”, as an incidental us e to the “full-service dine-in eating establishment/restaurant”, will be compatib le with the physical, functional, and visual quality of the neighboring uses and desirable neighborhood characteristics.

STAFF REPORT FOR PUBLIC HEARING PAGE 8 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)

DEFINITIONS
Through the Code amendment process, sta ff has identified inconsistencies in Chapter 9.04 related to the definition of “billiard parlor” and “pool hall”, which regulate the allowable number of pool tables that a billiard or pool establishment may have. As part of the Code amendment to allow incidental billiard parlors and pool halls to a full-service dine-in eating establishments/restaurants in the CC-2 zone, it is necessary to update the definitions related to this use in Chapter 9.04, to maintain consistency throughout the Code , and for ease of implementation and enforcement.

Chapter 9.04 of the Municipal Code contains two different definitions of the same use relating to “billiard parlor” and “pool hall”. The proposed Zoning Text Amendment will eliminate one definition and retain the definition that is consistent with Title 5 and Title 9 of the Municipal Code, as follows:
(Deletions shown in strikethrough, additions shown in bold-italics):
“Billiard parlor” or “pool hall” means a building, structure or portion thereof in which are located three or more tables designed or used for play of pool, billiards, bagatelle, snooker, bumper pool or similar games, or any establishment required to obtain a permit under Chapter 5.40 of this code. “Pool hall” or “billiard parlor” means a building, structure or portion thereof in which are located one or more tables designed or used for play of pool, billiards, bagatelle, snooker, bumper pool, or similar games, or any establishment required to obtain a permit under Section 5.40.020 of this code.

In addition, the Municipal Code also contai ns a definition of "incidental amusement device(s)" that potentially allows up to nine (9) pool tables as incidental amusement devices, which is inconsistent with the limitation on the number of pool tables in the aforementioned definition of “Billiard Parlor” or “Pool Hall”. Therefore, the following proposed updates further clarify and limit the number of pool tables as incidental amusement devices to two (2) or fewer tables to ensure consistency between the definitions and applicable standards:
(Deletions shown in strikethrough, additions shown in bold-italics):
“Incidental amusement device(s)” means any place of business containing not more than nine total amusement devices, including, but not limited to, pinball, air hockey, video games, and no more than two pool tables and or billiard tables, for use by the public at a fee, when incidental to the primary use on the premises.

CONDITIONAL USE PERMIT
The Wharf is a 6,000 square-foot full-service restaurant that specializes in seafood.

The floor plan of the restaurant will co nsist of dining areas throughout the STAFF REPORT FOR PUBLIC HEARING PAGE 9 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)
establishment, a pool area consisting of eight (8) pool tables located toward the front of the restaurant (closest to Main St reet), a front counter, a bar area with counter seating, a kitchen, and two (2) restrooms. The restaurant is accessible from Main Street (front), and from the westerly public parking lot (rear).

The interior of the Wharf will remain unch anged as approved under Conditional Use Permit No. CUP-284-09 (REV. 2023). Under this Conditional Use Permit, the restaurant was only allowed to operate two (2) pool tables adjacent to the storefront window while the remaining six (6 ) pool tables were not allowed to be used for pool playing activities. A conditio n of approval was included to require the six tables to be covered with plywood an d black cloth to disguise them as dining tables. Contingent upon approval of the proposed Amendment, to allow billiards and pool halls as an incidental use to a “full-service dine-in eating establishment/restaurant” in the CC-2 zone, the restaurant would be allowed to operate the remaining six (6) pool tables for billiards/pool playing activities, for a total of eight (8) tables, subject to the approval of the modified conditional use permit.

Cue sticks and billiard balls will continue to be stored behind the front counter, and restaurant customers will be required to ch eck in with the host at the counter to receive cue sticks and racks of billiard balls. Pool tables are used for open play (i.e., no appointments will be required) in conj unction with the services of food and beverage in the restaurant. The subject re staurant will remain a “bona fide eating place” (full-service dine-in eating establishment or restaurant) and will continue to serve food and alcoholic beverages per th e requirements of the California State Alcoholic Beverage Control Department fo r ABC Type “47” establishments, and as required by this Conditional Use Permit.

The Wharf will continue to provide an open floor plan with clear and unobstructed views from the front entrance (facing Main Street) and the rear entrance (facing the westerly parking lot area) into the restaurant, including the area for the pool tables.

Similarly, the hours of operation will rema in 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 Wharf will offer weekly league play and occasional tournaments as a special event or fundraiser. League play will oc cur Monday through We dnesday from 5:00 p.m. to 10:00 p.m., Thursday from 7:00 p.m. to 11:00 p.m., and Sunday from 5:00 p.m. to 10:00 p.m.

League play is reserved for pool and pool league members only, which include typical pool league associat ions such as the American Poolplayers Association (APA), the Billiard Congress of America (BCA), and the United States Professional Poolplayers Association (UPA). During league nights, two teams of eight members each will compete, and two (2) pool tables will be reserved for each game. The remaining pool tables will be av ailable for use by other patrons of the restaurant. Tournaments would be held once a month, usually on weekends.

Tournaments are open to the public. Unlike league play, four to six pool tables will be reserved for the tournament while the remaining pool tables will be available for use by restaurant patrons. In the event that activities related to league play or STAFF REPORT FOR PUBLIC HEARING PAGE 10 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)
tournaments cause a nuisance , obstruction, and/or other problems, a condition of approval has been included requiring the applicant to develop and implement a plan to mitigate the situation to the sati sfaction of the Community Development Director.

The existing conditions of approval, which re late to the existing full-service dine-in eating establishment/restaurant operating with an ABC Type “47” License, will be modified to add new conditions of approval to address the incidental billiard parlor/pool halls activities.

The Police Department has reviewed th e applicant’s request for the proposed Zoning Text Amendment and the modified Conditional Use Permit, and is in support of the proposal.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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 subject request is to update portions of Chapters 9.04 and 9.18 of Title 9 of the City of Garden Grove Municipal Code to update definitions, permitted us es, and special operating conditions and development standards for billiard parlors and pool halls, including amending the CC-2 (Civic Center Main Street) zone to allow billiard parlors and pool halls as an incidental use to “full service dine-in eating establishment/restaurant" subject to a conditional use permit. Contingent upon the adoption and effectiveness of the proposed Zoning Text Amendment, the applicant also requests to modify the 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.

The proposed amendment is to allow a comm ercial use that is already permitted in other commercial and mixed-use zones to be available as an incidental use in the CC-2 zone. The CC-2 zone applies to the historic Main Street. Main Street is located within the Downtown area, connecting Garden Grove Boulevard and Acacia Parkway. Main Street is an area improved with a mix of commercial and residential uses including restaurants, offices, coffee shop, retails, beauty salon and residential apartments. Allowing billiard parlor and pool hall as incidental use to a full-service dine-in eating establishment/restaurant will not intensify existing uses in the surrounding area. No alteration to the area is required to accommodate the proposed use. In addition, special operating conditions and development standards will be updated to ensure that CC-2 zoned restaurants with an incidental billiard parlor will remain primary as full-service dine-in eating establishments. The proposed amendment and modified conditional use permit are not anticipated to have a significant impact on the environmen t. Therefore, the proposed project is exempt from CEQA.

RECOMMENDATION:

Staff recommends that the Planning Commission take the following actions:

STAFF REPORT FOR PUBLIC HEARING PAGE 11 CASE NO. A-039-2024 AND CUP-284-09 (REV. 2024)

1. Adopt the attached Resolution No. 6090-24, recommending that the City Council adopt an Ordinance approv ing the Zoning Text Amendment No. A-039-2024 to amend Title 9 of the Municipal Code to update portions of Chapters 9.04 and 9.18 of Title 9 of the City of Garden Grove Municipal Code to update definitions, permitted uses, and special operating conditions and development standards for billiard parlors and pool halls, including amending the CC-2 (Civic Center Main Street) zone to allow billiard parlors and pool halls as an incidental use to “full service dine-in eating establishment/restaurant" subject to a conditional use permit.

2. Adopt the attached Resolution No. 6091-24 recommending that the City Council adopt a Resolution appr oving Conditional Use Permit No. CUP-284-09 (REV. 2024), subject to the recommended conditions of approval, and contingent upon City Council adoption and effectiveness of an Ordinance approving Zoning Amendment No. A-039-2024.

Maria Parra
Planning Services Manager
By: Huong Ly, AICP
Associate Planner
Attachment 1: Vicinity Map
Attachment 2: Proposed Plans
Attachment 3: Resolution No. 6090-24 with Exhibit “A” – Proposed Zoning Text Amendments
Attachment 4: Resolution No. 6091-24 with Exhibit “A” – Conditions of Approval Attachment 5: Proposed Amendments to GGMC Chapter 5.40 (Pool Rooms) Planning Services Maaaaaaaaaaaaanannnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn ge By:

Huong Lyyyyyyyyyyyyyyyyyyy
AICP
Ordinance approving
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A-039-2024, and CUP-284-09 (REV.2024)

CITY OF GARDEN GROVE, CA
12941 Main Street
0 200 400 600 800100
Feet
Attachment 1
Attachment 2

RESOLUTION NO. 6090-24

A RESOLUTION OF THE PLANNING COMMISSI ON OF THE CITY OF GARDEN GROVE

RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING TEXT AMENDMENT NO. A-039-2024 TO UPDATE DEFINITIONS, PERMITTED USES, AND SPECIAL

OPERATING CONDITIONS AND DEVELOPMENT STANDARDS FOR BILLIARD PARLORS AND POOL HALLS, INCLUDING AMENDING THE CC-2 (CIVIC CENTER MAIN STREET)

ZONE, TO ALLOW BILLIARD PARLORS AND POOL HALLS AS AN INCIDENTAL USE TO A “FULL SERVICE DINE-IN EATING ESTABLISHMENT/RESTAURANT" SUBJECT TO A CONDITIONAL USE PERMIT.

BE IT RESOLVED, that the Planning Commission of the City of Garden Grove hereby recommends the City Council approve Zoning Text Amendment No. A-039-2024.

BE IT FURTHER RESOLVED in the matter of Zoning Text Amendment No. A-039-2024, the Planning Commission of the City of Garden Grove does hereby report as follows:

1. HTB, Inc., the applicant, submitted a re quest to operate an incidental billiard parlor with eight (8) pool tables to an existing CC-2 (Civic Center Main Street) 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”).

2. The applicant has requested the approval of a Zoning Text Amendment to Title 9 (Land Use) of the Garden Grove Munici pal Code pertaining to billiard parlors and pool halls.

3. The proposed Zoning Text Amendment No. A-039-2024 would update portions of Chapters 9.04 and 9.18 of Title 9 of the City of Garden Grove Municipal Code to update definitions, permitted uses, and special operating conditions and development standards for billiard parlor s and pool halls, including amending the CC-2 zone to allow billiard parlors an d pool halls as an incidental use to a “full service dine-in eating establishmen t/restaurant" subject to a conditional use permit.

4. The Planning Commission recommends that the City Council determine that the proposed project is categorically exem pt 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).

5. Concurrent with its adoption of this Resolution, 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.

6. At its regular meeting held June 20, 2024, the Planning Commission of the City of Garden Grove held a duly noticed pu blic hearing and considered the report Attachment 3
Resolution No. 6090-24 Page 2

submitted by City Staff and all oral an d written testimony presented regarding the Project.

BE IT FURTHER RESOLVED, FOUND AND DE TERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Section 9.32.030, are as follows:

FACTS:

The subject site is improved with an existing 6,000 square foot one-story restaurant located on the west side of Main Street between Acacia Parkway and Garden Grove Boulevard. The property is zoned CC-2 (Civic Center Main Street), and has a General Plan land use designation of Civic Center Mixed Use (CC). The building is located within Historic Main Street, which consists of a mix of residential, restaurants, tea shops, retail, personal services, and office uses.

On June 12, 2008, the City of Garden Grove approved Conditional Use Permit No. CUP-233-08 to allow the subject restaurant, which was named 7 Seas Restaurant at the time, to operate with a new original State Alcoholic Beverage Control (ABC) Type “41” (On-Sale, Beer and Wine, Eating Place) License. On November 12, 2009, the City approved Conditional Use Permit No. CUP-284-09, to allow the restaurant to operate with an AB C Type “47” (On-Sale, General, Eating Place) License. On June 17, 2010, the City approved CUP-284-09 (REV. 10) to allow the modification of the existing floor plan of the restaurant to include a new sushi bar and new rear dining/lounge area; to extend the hours of operation to be from 11:00 a.m. to 11:00 p.m., Sunday through Thursday, and 11:00 a.m. to 2:00 a.m., Friday and Saturday; and to allow limited live entertainment in the form of one vocalist and one amplified instrumentalist. In 2009, the restaurant changed ownership and the name of the restaurant was changed to The Wharf.

The applicant, HTB, Inc., acquired the Wharf in July 2023. The applicant is experienced in the restaurant and billiard industry. Currently, the applicant is partnering with other businesses to operate Danny K's Billiards & Sports Bar, located at 1096 N. Main Street, Or ange, CA 92867, and Aloha Fa mily Billiards, located at 7311 Orangethorpe Avenue, Buena Park, CA 90621. In addition, the applicant is associated with several billiards and pool leagues, including the American Poolplayers Association (APA), the Billiard Congress of America (BCA), and the United States Professional Poolplayers Association (UPA). After taking over the operation of the Wharf, the applicant wishes to operate a si milar business model that includes a full service dine-in restaurant with the element of pool playing.

Thursday through Saturday. In conjunction, the approval of CUP-284-09 (REV. 2023) also updated the conditions of approval to reflect existing standard conditions of approval currently applied to new conditional use permits for establishments operating with a State Alcoholic Beverage Control (ABC) Type “47” License.

The Municipal Code currently contains multiple definitions related to “billiard parlor” and “pool hall” that impose inconsistent li mitations on the number of pool tables permitted for an establishment, resulting in potential challenges in implementing the zoning code. Therefore, the proposed Zoning Text Amendment would also update the definitions, permitted uses, and special operating conditions and development standards for billiard parlors and pool halls, in various areas of the Code to ensure standards and limitations are consistent throughout the Municipal Code, in conjunction with the requeste d amendment to allow billiard parlor/pool hall as an incidental use to a “full service dine-in eating establishment/restaurant” in the CC-2 zone.

FINDINGS AND REASONS:

Zoning Text Amendment

1. Proposed Amendment No. A-039-2024 is internally consistent with the goals, policies, and elements of the General Plan.

Updates to Title 9 of the Municipal Code under this Amendment are twofold: (1) to amend Chapter 9.18 of the Code to update permitted uses, and special operating conditions and development sta ndards for billiard parlors and pool halls in the mixed-use zones including allowing billiard parlors and pool halls as an incidental use to a full-service dine-in eating establishment or restaurant in the CC-2 zone; and (2) to amend Chapter 9.04 to update definitions of Billiards and Pool Hall to ensure consistency throughout the Code.

The introduction of “Billiard Parlors and/or Pool Hall” as an incidental use to a full-service dine-in eating establishmen t or restaurant, subject to Conditional Use Permit, will be consistent with th e goals, policies, and implementation programs of the General Plan, including specifically:

Resolution No. 6090-24 Page 4

Goal LU—1: The City of Garden Grove is a well-p lanned community with sufficient land uses and intensitie s to meets the needs of anticipated growth and achieve the community’s vision and Policy LU-1.4 Encourage a wide variety of retail and commercial services, such as restaurants and cultural arts/entertainment, in appropriate locations. The historic Main Street is recognized as a Garden Grove landmark. Main Street is a place of special character and aesthetic in terest and value. It consists of a variety of different types of commercial retail and amenities being offered to attract Garden Grove residents and visitors. Currently, billiard parlors and pool halls are not listed as a permitted use in the CC-2 zone. In mixed use zones, billiard parlors and pool halls are conditionally permitted (require the approval of a Conditional Use Permit) in the GGMU-1, 2 and 3 (Garden Grove Boulevard Mixed Use 1, 2, and 3), and NMU (Neighborhood Mixed Use) zones, wh ich allow a mix of commercial and residential uses. In standard zones, billiards and pool halls are also conditionally permitted in the C-2 (Neighborhood Commercial) zone. The proposed amendment will add an amenity to better serve the needs of the community, and will allow Main Stre et to have the same economic opportunities as other mixed-use and standard zones, while also ensuring compatibility to the surrounding uses. Restaurants with incidental billiards or pool tables will be required to pr ovide a full menu and serve food and beverages during business hours. Thus, no significant change to the area is anticipated.

Goal LU-2 Stable, well-maintained re sidential neighborhoods in Garden Grove and Policy LU-2.1 Protect residential areas from the effects of potentially incompatible uses. Wher e new commercial or industrial development is allowed adjacent to residentially zoned districts, maintain standards for circulation, noise, setbacks, buffer areas, landscaping, and architecture which ensure compatibility between the uses and Policy LU-

4.6 Where residential/commercial or residential/industrial mixed use is permitted, ensure compatible integrat ion of adjacent uses to minimize conflicts. The CC-2 zone allows a mix of commercial and residential uses.

Special operating conditions and development standards associated with incidental billiards and pool halls ar e included in the proposed text amendment to further minimize potential impacts on the surrounding residential uses. Special operating conditions include, but are not limited to, the following: Food service shall be provided during all hours of operation, windows shall be kept clea r at all times with an unobstructed view of the dining and pool playing areas from the public right-of-way, hours of operation may be limited and security measures may be required through the conditional use permit. The Special Operating Conditions and Development Standards, as well as any additional site-specific conditions of approval required through the Co nditional Use Permit process, will ensure that the proposed “Billiard Parlor/Pool Hall” as incidental use to the “full-service dine-in eating establishment/restaurant” will be compatible Resolution No. 6090-24 Page 5

with the physical, functional, and visual quality of the neighboring uses and desirable neighborhood characteristics.

Goal LU-5 Economically viable, vital, and attractive commercial centers throughout the City that serv e the needs of the community. Currently, billiard parlors and pool halls are not listed as a permitted use in CC-2 zone. In mixed use zones, billiard parlors and pool halls are conditionally permitted (require the approval of a Conditional Use Permit) in the GGMU- 1, 2, and 3 (Garden Grove Boulevard Mixed Use 1, 2, and 3) zones and the NMU (Neighborhood Mixed Use) zone, which allow a mix of commercial and residential uses. In standard zone s, billiards and pool halls are also conditionally permitted in the C-2 (Neighborhood Commercial) zone. The proposed amendment will add an amenity to better serve the needs of the community, and will allow Main Stre et to have the same economic opportunities as other mixed-use and standard zones. The Special Operating Conditions and Developm ent Standards, as well as any additional site-specific conditions of approval required through the Conditional Use Permit process, will ensure that the proposed “Billiard parlor/Pool Hall” as incidental use to the “full-service dine-in eating establishment/restaurant” will be compatible with the physical, functional, and visual quality of the neighboring uses and desirable neighborhood characteristics.

The General Plan contains objectives, goals, policies, and implementation programs that promote well-planned mi xed-use areas with safety measures, effective design standards, and land use compatibility. Objectives in the City’s General Plan strive to uphold a high standard of land use development and property maintenance throughout the City . As an implementing instrument of the General Plan, the Zoning Code and its provisions are required to be consistent throughout its sections for ease of implementation and enforcement.

Therefore, updating the land update definitions, permitted uses, and special operating conditions and development standards pertaining to billiard parlor and pool hall uses in Chapter 9.04 in conj unction with the amendment in Chapter

9.18 will further the objectives, goals, and policies of the General Plan.

2. The proposed Zoning Text Amendment will promote the public interest, health, safety and welfare. The proposed Amendment will promote public interest, health, safety, and welfare by establishing Special Operating Conditions and Development Standards for billiard parlor and pool hall uses and requiring the approval of a Conditional Use Permit for any “Billiard Parlor/Pool Hall” incidental to a “full-service dine-in eating establishment/restaurant”. The Special Operating Conditions and Development Standards, as well as specific Conditions of Approval required through Conditional Use Permit process, will collectively minimize any potential impacts to the nearby uses, including residential uses. Standards and requirements established through the proposed Amendment include but are not limited to, the following: Food service shall be Resolution No. 6090-24 Page 6

provided during all hours of operation, windows shall be kept clear at all times, and shall provide an unobstructed view of the dining and pool playing areas from the public right-of-way, hours of operation may be limited and security measures may be required through the conditional use permit.

INCORPORATION OF FACTS AND FINDINGS SET FORTH IN STAFF REPORT AND RESOLUTION NO. 6091-24
In addition to the foregoing, the Planning Commission incorporates herein by this reference the facts and findings set forth in the staff report and in Resolution No. 6091-24.

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. Amendment No. A-039-2024 possesses characteristics that would indicate justification of the request in acco rdance with Municipal Code Section

9.32.030.D.1 (Code Amendment).

2. The Planning Commission recommend s that the City Council approve Amendment No. A-039-2024 and adopt the amendments to Title 9 reflected in Exhibit “A” attached hereto.

Exhibit “A“

Proposed Amendments to Table 9.18-1- Use Regulations for the Mixed Use Zones is hereby amended to read as follows (Deletions shown in strikethrough, additions shown in bold-italics):

Table 9.18-1
Use Regulations for the Mixed-Use Zone
Recreation, Amusement, Entertainment
Permitted
Uses
GGMU-
1, -2, -
3 CC-1 CC-2 CC-3 CC-OS NMU AR
Additional Regulations and
Comments

Billiard
parlor/Pool
Hall
C [-] [-]I* [-] [-] C [-] See
Section 9.18.030.100 (Billiard
Parlor/Pool Hall).

In the CC-2 zone, billiard
parlors and pool halls are
only allowed as an
incidental use to a full-
service dine-in eating
establishment/restaurant.

Proposed Amendments to Section 9.18.030.100, Specific Uses – Special Operating Conditions and Development Standards
pertaining to Billiard/Pool Hall (Deletions shown in strikethrough, additions shown in bold-italics):

9.18.030.100. Billiard Parlor/Pool Hall.

A. Conditional Use Permit Required. Billiard parlors and pool halls, either as a primary or incidental use , shall require a conditional use permit and be subject to the requirements set forth in Chapter 5.40 (Pool Rooms) of the Municipal Code. In addition, a conditional use permit for a billiard parlor or pool hall shall be considered to be null and void if the establishment ceases operation for 30 or more consecutive days.

B. Location Restrictions.

2. Billiard parlors and pool halls shall not be permitted in a location which would tend to produce a hazard or nu isance to other permitted uses and activities in the vicinity, including such considerations as noise, late night operations, loitering, and public safety.

Page 2 ends

C. Waiver of Distance and Location Provisions. For a residential/commercial mixed use development project as defined in this title, a Any property owner or his or her authorized agent may, as part of the conditional use permit process, apply to the hearing body for a waiver from any of the distance and location provisions contained and/or cross-referenced in this section. The hearing body, through the hearing process for the conditional use permit, may grant a waiver to any distance or location provision for a residential/commercial mixed use development if the following findings can be made:

1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;

2. That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;

3. That the use will not interfere with the operations of other businesses or uses in the vicinity of on the site;

5. That the establishment complies with all other distance and pedestrian and vehicular requirements of this code; and

6. That all applicable regulations of this code will be observed.

D. Access. With the exception of emergency access, all pedestrian and vehicular access to a billiard parlor or pool hall shall be oriented toward a principal, major, or primary arterial street, such as Garden Grove Boulevard, Magnolia Street, and Brookhurst Avenue, except in the CC-2 zone, primary access and entry may be oriented toward Main Street . Access via a secondary arterial or local residential street shall be prohibited. Arterials and local residential streets are defined in the City's General Plan Circulation Element.

E. Doors. Doors of the establishment shal l be kept closed at all times during the operation of the establishment except in the case of an emergency or to permit deliveries.

Page 3 ends

restricting hours of operation, requirements for security lighting and cameras, requirements for private security, monitoring of parking lots, and background checks of operators and employees.

G. Denial. The hearing body shall have the authority to deny a conditional use permit application for a billiard parlor or pool hall if the hearing body finds, based on evidence on the record, that a pproval of such a use would result in an undue concentration of uses with the potential to create adverse conditions within the surrounding area with respect to noise, traffic, late night activities, calls for police services, and other public health, safety, and welfare concerns.

H. The following additional special conditions shall be applicable to eating establishments/restaurants with incidental billiard parlors and pool halls located within the CC-2 zone:

1. For purposes of this section, "full service dine-in eating establishment/restaurant" is defi ned as an establishment that contains a customer dining area as well as sufficient space and equipment for a full restaurant kitchen. The kitchen shall be open and preparing food during all hours the establishment is open, and shall provide a full menu of food items typically offered in restaurants. Take-out establishments or
establishments that only serve items such as sandwiches, salads, snacks or microwave items shall not be deemed to satisfy this definition

2. Incidental Use: Billiard parlors and pool halls shall be permitted only in conjunction with a full service dine-in eating establishment/restaurant. Billiard and pool playing activities shall not be utilized as a stand-alone use, primary use or as an attraction to draw customers to the establishment.

3. Conditional Use Permit. A cond itional use permit shall be required.

5. Hours of Operation; Security. The hours of operation may be limited and security measur es may be required through the conditional use permit.

6. Windows. Windows shall be kept clear at all times and provide an unobstructed view of the dining and pool playing areas from the public right-of-way.

Page 4 ends

Proposed Amendments to Subsection (C) of Chapter 9.04.060, Definitions is hereby amended to read as follows (Deletions shown in strikethrough, additions shown in bold-italics):

“Billiard parlor” or “pool hall” means a building, structure or portion thereof in which are located three or more tables designed or used for play of pool, billiards, bagatelle, snooker, bumper pool or similar games, or any establishment required to obtain a permit under Chapter 5.40 of this code. “Pool hall” or “billiard parlor” means a building, structure or portion thereof in which are located one or more tables designed or used for play of pool, billiards, bagatelle, snooker, bumper pool, or similar games, or any establishment required to obtain a permit under Section 5.40.020 of this code. “Incidental amusement device(s)” means any place of business containing not more than nine total amusement devices, including, but not limited to, pinball, air hockey, video games, and no more than two pool tables and or billiard tables, for use by the public at a fee, when incidental to the primary use on the premises.

RESOLUTION NO. 6091-24

A RESOLUTION OF THE PLANNING COMMISSI ON OF THE CITY OF GARDEN GROVE RECOMMENDING THAT THE CITY COUN CIL (1) CONTINGENTLY APPROVE 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 (2) REVOKE CUP-284-09 (REV. 2023) AND REPLACE IT WITH CONDITIONAL USE PERMIT NO. CUP-284-09 (REV. 2023).

BE IT RESOLVED, that the Planning Commission of the City of Garden Grove hereby recommends the City Council approve Conditional Use Permit No. CUP-284-09 (REV. 2024), and revoke Conditional Use Permit No. CUP-284-09 (REV. 2023), for an existing 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”), subject to the re commended Conditions of Approval, and contingent upon the City Council’s adopti on of an Ordinance approving proposed Zoning Text Amendment No. A-039-2024.

BE IT FURTHER RESOLVED in the matter of Conditional Use Permit No. CUP-284-09 (REV. 2024), the Planning Commission of the City of Garden Grove does hereby report as follows:

1. HTB, Inc., the applicant, submitted a re quest to operate an incidental billiard parlor with eight (8) pool tables at an existing CC-2 (Civic Center Mixed Use) 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”).

2. The applicant has requested the approval to modify Conditional Use Permit No.

CUP-284-09 (REV. 2023), which currently governs the operation of the subject restaurant, to permit an existing restaurant located on Main Street, in the CC-2 zone, to operate a billiard parlor with eight (8) pool tables as an incidental use, contingent upon the adoption and effe ctiveness of an ordinance approving Zoning Text Amendment No. A-039-2024.

3. The applicant has concurrently proposed Zoning Text Amendment No. A-039- 2024, which would update portions of Chapters 9.04 and 9.18 of Title 9 of the City of Garden Grove Municipal Code to update definitions, permitted uses, and special operating and development standards for billiard parlors and pool halls, including amending the CC-2 zone to allow billiard parlors and pool halls as an incidental use to a “full service dine-in eating establishment/restaurant" subject to a conditional use permit.

4. Upon approval and exercise of the subj ect request, the Conditional Use Permit previously governing the tenant space, CUP-284-09 (REV. 2023), would be revoked and become null and void, and replaced by Conditional Use Permit No.

CUP-284-09 (REV. 2024).

Attachment 4
Resolution No. 6091-24 Page 2

5. The Planning Commission hereby recommends that the City Council determine that the proposed project is categori cally 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).

6. Concurrent with its adoption of this Resolution, the Planning Commission adopted Resolution No. 6090-24 recommending that the City Council adopt an ordinance approving Zoning Text Amendment No. A-039-2024.

7. At its regular meeting held June 20, 2024, the Planning Commission of the City of Garden Grove held a duly noticed pu blic hearing and considered the report submitted by City Staff and all oral an d written testimony presented regarding the Project.

BE IT FURTHER RESOLVED, FOUND AND DE TERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Section 9.32.030, are as follows:

FACTS:

associated with several billiards and pool leagues, including the American Poolplayers Association (APA), the Billiard Congress of America (BCA), and the United States Professional Poolplayers Association (UPA). After taking over the operation of the Wharf, the applicant wishes to operate a si milar business model that includes a full service dine-in restaurant with the element of pool playing.

On December 7, 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 operation of two (2) pool tables as incidental amusement devices within the dining area, and to modify the hours of operation to be from 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. In conjunction, the approval of CUP-284-09 (REV. 2023) also updated the conditions of approval to reflect existing standard conditions of approval currently applied to new conditional use permits for establishments operating with a State Alcoholic Beverage Control (ABC) Type “47” License.

After six months of operating under the governance of CUP-284-09 (REV. 2023), 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/resta urant" in the CC-2 zone, subject to a conditional use permit, is necessary. Concurrently with the adoption of this Resolution, the Planning Commission adopted Resolution No. 6090-24 recommending that the City Council adopt an ordinanc e approving Zoning Text Amendment No.

A-039-2024.

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, will be contingent upon the ad option and effectiveness of the proposed Zoning Text Amendment. 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).

FINDINGS AND REASONS:

Conditional Use Permit

1. The proposed use will be consistent with the City’s adopted General Plan.

The subject property has a General Plan Land 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 bu ildings and structures of historic and cultural significance, and incidental us es that advance and preserve the Main Street character and charm. In particular, the subject proposal is consistent with Resolution No. 6091-24 Page 4

the 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, reta il, 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 to 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 existed on Main Street. The incidental billiard parl or 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 enhance 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.

2. 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 th e vicinity of the site, or jeopardize, Resolution No. 6091-24 Page 5

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. Notwithstanding 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 appr oval 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 tabl es 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.

3. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other 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.

4. 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 Resolution No. 6091-24 Page 6

improvements. Therefore, the site will continue to be adequately served by all existing highways, streets, and other public and private service facilities.

INCORPORATION OF FACTS AND FINDINGS SET FORTH IN STAFF REPORT AND RESOLUTION NO. 6090-24
In addition to the foregoing, the Planning Commission incorporates herein by this reference the facts and findings set forth in the staff report and in Resolution No. 6090-24.

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. Conditional Use Permit No. CUP-284-09 (REV. 2024) possesses characteristics that would indicate justification of th e request in accordance with Municipal Code Section 9.32.030.D.4 (Conditional Use Permit).

2. In order to fulfill the purpose and in tent of the Municipal Code, and thereby promote the health, safety, and general welfare, the Planning Commission recommends that the following conditions of approval, attached as Exhibit “A”, apply to Conditional Use Permit No. CUP-284-09 (REV. 24).

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 At torney’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 the 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 depi cted on the plans submitted by the applicant and made a part of the record of the June 20, 2024, Planning Commission 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 amplifie d 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 regu lations; 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 appr oved 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 approv al of new and/or amended land use entitlements by the applicable City hearing body. All conditions of approval Exhibit “A” Page Conditional Use Permit No. CUP-284-09 (REV. 2024)
Conditions of Approval

2 shall be implemented at the applicant’s expense, except where specified in the individual condition.

5. If major modifications are made to the a pproved floor plan that result in the intensification of the project or crea te 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 Gard en 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. Grease 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 load, 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.

Exhibit “A” Page Conditional Use Permit No. CUP-284-09 (REV. 2024)
Conditions of Approval

3 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 ch ange 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 sh all 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 occu pancy; 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 re serves 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 sa le of food and the operation of the full service restaurant. Patrons who play po ol 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.

Exhibit “A” Page Conditional Use Permit No. CUP-284-09 (REV. 2024)
Conditions of Approval

4 22. There shall be one primary service co unter area from which customers may checkout cue sticks and balls and pay for services.

23. There shall be no customers or patron s 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 shal l not occur anywhere outside 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 “R esponsible 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 public 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.

Exhibit “A” Page Conditional Use Permit No. CUP-284-09 (REV. 2024)
Conditions of Approval

5 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 establishm ent, nor shall the business provide or permit, or make available either grat uitous or for compensation, male or 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 up 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 re staurant 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 provid e an assortment of foods normally offered in restaurants.

39. In the event that an Alcoholic Bevera ge Control (ABC) License is suspended for any period of time and/or the licen see is fined for any ABC violation as a result of disciplinary action, the Condit ional 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 shall 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.

Exhibit “A” Page Conditional Use Permit No. CUP-284-09 (REV. 2024)
Conditions of Approval

6 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 accommodate. During the plan check process, the Building and Safet y 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 Director shall 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 set forth in this Condition 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 nuisance, 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 letter ing shall 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.

Exhibit “A” Page Conditional Use Permit No. CUP-284-09 (REV. 2024)
Conditions of Approval

7 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 permit ted outside of the fully enclosed building.
f. All entertainment shall be conduc ted within the wholly enclosed restaurant building.
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 open, including when the entertainment is occurring.
i. No cover charge or other type of en trance 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 and/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 pe rmitted 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 pa rking 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 en trance facing Main Street to access the restaurant after 10:00 p.m.

51. Litter shall be removed daily from th e 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.

Exhibit “A” Page Conditional Use Permit No. CUP-284-09 (REV. 2024)
Conditions of Approval

8 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 the 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.

55. No roof-mounted mechanical equipment shall be permitted unless a method of screening complementary to the architectu re 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 Developm ent 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.

Exhibit “A” Page Conditional Use Permit No. CUP-284-09 (REV. 2024)
Conditions of Approval

9 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, at 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 cons ultants, 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 Conditional Use Permit 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 re sult of such defense. The applicant shall further pay any 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 re tain the right to select its counsel of choice in any action referred to herein.
1 Attachment 5

Proposed Amendments to Chapter 5.40 (Pool Rooms) (deletions shown in strikethrough, additions shown in bold italics):

Chapter 5.40 POOL ROOMS

5.40.010 Building Requirements

A pool room shall be constr ucted as a single room without partitions, anterooms, or closet rooms, other than water closets or lavatories, and entirely inaccessible from any other room, cellar or attic; provided, however, that the main entrance or vestibule from the public stree t shall have colorless, clear glass panel doors. These doors shall be at all times clean, transparent, and unobstructed so that all parts of the room will be open to view. An exception to this section for office and/or storage area may be made, subject to the a pproval of the Police Chief. Before any building permit is issued, the floor plan s for the proposed establishment shall be submitted to the Police Chief for approval of compliance with this section, and one copy of the plans shall be provided for Police Department files.

5.40.020 Permit and License Required

No person shall engage in, carry on, or conduct a pool room business without first having obtained a permit and license from the City and complying with any and all requirements and regulations as contained and set forth in this chapter. The permit shall be displayed on the premises during business hours.

5.40.030 Application for Permit—Denial and Issuance

A. APPLICATION PROCESS. Each person, before obtaining a permit to carry on a pool room business, shall make a written application to, and upon blanks furnished by the Police Chief, which shall be signed by such applicant. In addition to any other information that may be reasonably required by the Police Chief, the applicant shall show the true name of the applicant; his or her fictitious name, or names, if any; his or her age; his or her present address in the City or elsewhere; his or her proposed business address in the City; the name under which the applicant conducted any similar business, if any; and the place of his or her residence at such time; together with such application. The applicant shall furnish a recent photograph of him or herself and his or her fingerprints to the Police Chief. The applicant shall further state whether he or she has been convicted of a felony, or Penal Code Sections 311 through 318, Penal Code Sections 330 through 337, or whether applicant has become a registrant under Penal Code Section 290, or Health and Safety Code Section 11590.

B. DENIAL IN ISSUANCE OF PERMIT. The Police Chief shall not issue such permit to an applicant who has been convi cted or pled guilty to a felony; has been convicted of Penal Code Sections 311 through 318, or Penal Code Sections 330 2 through 337; or has become a registrant under Penal Code Section 290, or Health and Safety Code Section 11590.

C. The Police Chief shall i ssue such permit to the applicant or deny such application within 60 days from date thereof.

5.40.040 Pool Room Permit Revocations and Suspensions

A pool room business may be revoked, suspended, or made subject to conditions in the event that the business has become a civil nuisance, as defined in the California Civil Code, or the permitte e has been convicted of, or has entered a plea of guilty to, any violation of the prov isions of this chapter or any other law or ordinance of the City or the state relating to such business.

A. The Police Chief shall institute a revocation, suspension, or conditional suspension hearing when he or she receives evidence that the business and/or owner falls within the criteria set forth herein.

B. The Police Chief shall gi ve a minimum of seven calendar days notice of the hearing, in writing, setting forth th e nature and purpose of the hearing. The hearing shall be an informal administrative hearing.

C. Upon conclusion of th e hearing, the Police Chief may make a written determination to revoke, suspend, or impose conditions on the pool room permit, based upon written findings and substantia l evidence that one or more conditions listed in this section exist. The decision sha ll be made within five days from date of the hearing.

D. The decision of the Poli ce Chief shall be appealable to the City Manager by filing a notice of appeal with the City Clerk within five business days from date of receipt of the written decision. The City Manager, or his or her designee, shall conduct an informal administrative hearing in review of the Police Chief’s decision. The City Manager shall then render a written decision that shall be mailed to the owner within five business days from date of the hearin g. The decision of the City Manager shall be final, subject only to judicial challenge in a court of competent jurisdiction.

5.40.050 Windows and Entrance Kept Open

All windows and entrances to and into said pool rooms shall be left open, clear, and unobstructed so as to allow an unimpa ired line of sight by a peace officer into the interior of the business premises during business hours, unless otherwise approved by the Police Chief.

5.40.060 Other Games of Chance Prohibited

No games of cards, dice, or other games of chance shall be carried on in any pool room or in any room accessible therefrom.

3 5.40.070 Minors on Premises

No person under 18 years of age sh all 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.

5.40.080 Hours of Operation

All pool room businesses operated in the City shall be closed between 2:00 a.m. and 6:00 a.m. During said four-hour period the playing of billiards, pool, bagatelle, snooker, bumper, or similar games, whether or not for profit, shall be prohibited on the premises of said business.

5.40.090 Building Requirement Exception

When any room where games of billiards, pool, bagatelle, snooker, bumper, or similar games are conducted for profit is maintained in a building or place wherein eight or more bowling alleys, all under the same management, are maintained, and which building or place is kept open on a 24-hour basis, the room where billiards, pool, bagatelle, snooker, bumper, or similar games are played shall be exempt from the provisions of Section 5.40.010, except that the entrance to the room or place shall be at all times open or have clean, uncolored, clear glass so as to give unobstructed view into the room

5.40.100 Youth Serving Agencies Excepted

Youth serving agencies that offer billiards as a form of recreation without charge and under supervision are exempt from this chapter.

5.40.110 Incidental Use

A. Operation of a pool room or pool hall with a total of two three or fewer pool, billiard, bagatelle, snooker, bumper, or similar game tables as an is a permitted incidental use in conjunction with operation of a bona-fide restaurant, bar, or other similar business or business licensed for sale of alcoholic beverages for consumption on premises legally established pursuant to this Code, and is exempt from the provisions of Sections 5.40.010, 5.40.020, 5.40.030 , and 5.40.040, and 5.40.070 of this chapter. However, the businesses shall be subject to the provisions of Sections 5.40.050, 5.40.060, and 5.40.080 of this chapter.

B. Operation of a pool room or pool hall in conjunction with another business or use that requires approval of a conditional use permit pursuant to Title 9 of this Code, where the pool room or pool hall is accessory and subordinate to the primary business use and occupies not more than 30% of the gross floor area of the build ing structure housing such primary business or use, are exempt from th e provisions of Sections 5.40.010,

5.40.020, 5.40.030 and 5.40.040 of this chapter. However, the businesses shall be subject to the provisions of Sections 5.40.050, 5.40.060, 5.40.070, 4 and 5.40.080 of this chapter. Establishment and oper ation of a pool room or pool hall with a total of three or fewer pool or billiard tables in conjunction with a primary business that requires a conditional use permit shall also be subject to the requirement of a conditional use permit. Su ch incidental use may be set forth as a condition on the face of the conditional use permit for the primary use. No additional conditional use permit fee shall be required when the incidental use is requested at the time of application for the primary business.

5.40.120 Pool Room Definition

A. “Pool room” or “pool hall” means a business which primary purpose is to offers to the public a building structure or portion thereof in which are located one or more tables designed or used for play of the game of pool, billiards, bagatelle, snooker, bumper pool, or similar games.

B. The terms “pool room” and “pool hall” shall not include any residential dwelling unit that contains a table for the play of pool, billiards, and similar games, for which no pecuniary compensation is required or given for such play.

5.40.130 Application to Existing Pool Rooms

Any existing pool room within th e City shall comply with the requirements of this chapter, not later than 60 days from the effective date of the ordinance codified in this chapter.

MINUTE EXCERPT

GARDEN GROVE PLANNING COMMISSION
PUBLIC HEARING –AMENDMENT NO. A-039-2024 and CONDITIONAL USE PERMIT NO. CUP-284-09 (REV. 2024) FOR PROPERTY LOCATED ON THE WEST SIDE OF

MAIN STREET, BETWEEN ACACIA PARKWAY AND GARDEN GROVE BOULEVARD, AT 12941 MAIN STREET.

Applicant: HTB, INC.

Date: June 20, 2024
Request: A request for approval of a Zoning Text Amendment to Title 9 (Land Use) of the Garden Grove Municipal Code pertaining to billiard parlors and pool halls. The proposed Zoning Text Amendment would update portions of Chapters 9.04 and 9.18 of Title 9 of the City of Garden Grove Municipal Code to update definitions, permitted uses, and special operating standards for billiard parlors and pool halls, including amending the CC-2 (Civic Center Main Street) zone to allow billiard parlors and pool halls as an incidental use to “full-service dine-in eating establishment/restaurant”, subject to a conditional use permit.

Also, a request 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, contingent upon the adoption and effectiveness of the proposed Zoning Text Amendment. Upon approval and exercise of the subject request, the Conditional Use Permit previously governing the tenant space, CUP- 284-09 (REV. 2023), would be revoked and become null and void, and replaced by the modified Conditional Use Permit.

The Planning Commission will also consider a recommendation that the City Council determine that the proposed Project is exempt from review under the California Environmental Quality Act.

Action: Resolution Nos. 6090-24 (A) and 6091-24 (CUP) were approved. One letter of concern in regard to extended
operating hours was submitted by Eron Kaylor
(Heatherwood Apartments), however, the hours were not
modified.

Motion: Laricchia Second: Cueva
Ayes: (6) Cueva, Cunningham, Laricchia, Lindsay, Paredes, Ramirez
Noes: (0) None

Garden Grove City CouncilAugust 13, 2024

Garden Grove City Council
August 13, 2024