This project was reviewed pursuant to the guidelines of the California Environmental Quality Act ("CEQA") and determined to be Categorically Exempt pursuant to Section 15303, Class 3: “New Construction of Accessory Structures” of the California Environmental Quality Act Guidelines, as it involves the legalization of four (4) accessory structures located within an existing outdoor dining area, and the accessory structures do not result in any substantial changes to the site.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA MAKING THE APPROPRIATE FINDINGS AND APPROVING MODIFICATION 22-04 TO AMEND PLANNED UNIT DEVELOPMENT PRECISE PLAN 02-04, A REQUEST TO LEGALIZE FOUR (4) DETACHED TRELLISES IN AN EXISTING OUTDOOR DINING AREA OF THE WESTRIDGE GOLF COURSE LOCATED AT 1400 SOUTH LA HABRA HILLS DRIVE, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS

The Applicant, Irene Kim, on behalf of the owner of the Westridge Golf Course, Soo Jin Kwon, is requesting approval of Modification 22-04 to amend Planned Unit Development (PUD) Precise Plan 02-04 to legalize four detached trellises in an existing outdoor dining area of the Westridge Golf Course located at 1400 South La Habra Hills Drive.The Westridge Golf Course has operated on the site since 1999. Throughout the years, the Westridge Golf Course has undergone several expansions as listed in the "Related Cases" section below and is now developed with an 18-hole golf course, a driving range, a clubhouse that includes office space, a retail store, an entry lounge area, a banquet hall, and a restaurant, as well as multiple miscellaneous structures throughout the golf course, typical of such use and further described in the "Related Cases" section. The golf course is part of the La Habra Hills Specific Plan and is designated as Open Space under the General Plan. The four unpermitted trellises are located on the rear east side of the clubhouse, over 1,400 feet away from the commercial site to the north and over 400 feet away from the neighboring single-family homes to the east, with a vast amount of open space in between. Thus, the trellises are not visible from the surrounding properties. The trellises are highlighted in yellow on Exhibit 1. 

The trellises, shown in Exhibit 2 were installed sometime between August and September of this year, without the City's approval. The trellises are within an existing outdoor dining area directly outside the clubhouse restaurant, known as the Westridge Garden BBQ, and provide shade to nine existing, four-person tables. The trellises are colored white and made out of prefabricated aluminum faux wood material. Each trellis is 240 square feet in area and 7’-10” in height.  There is an 8-foot separation between the trellises and a setback of at least three feet from the clubhouse. The temporary shade structure, shown on the lower right had corner of Exhibit 2, is put up and taken down regularly, and as long as it remains temporary in nature, does not require permits.

In September of this year, Ms. Kim came to City Hall to inquire if the prefabricated trellises required a building permit. After looking into the process, Planning staff informed Ms. Kim that a modification application to PUD Precise Plan 02-04, approved for the Westridge Golf Course, was first required for the trellises before she could proceed to the building permit process. Ms. Kim subsequently submitted the modification application on October 5, 2022. The application includes both a request to keep the existing trellises and add an attached overhead outdoor heater and a fan to each trellis.

Exhibit 2

ANALYSIS
 

Pursuant to La Habra Municipal Code (LHMC) Section 18.52.130 (C), re-application and re-approval of a planned unit development permit shall be required under the following circumstances:
A. Any use or re-use of a property in the PUD overlay zone, or any portion thereof, that has been vacant for over one year from the date of the last issued business license for the use approved in accordance with this chapter.
B. Any change in the use or any additional or different use of any property in the PUD overlay zone, or any portion thereof. Exceptions:

1. Modifications to any existing conditional use permit shall not require re-approval or modification to any existing planned unit development permit where no increase in floor area or change in use occurs.
2. Consideration of any new conditional use permit for a use consistent with the allowed uses in the underlying zone and located within a pre-existing structure that involves no substantial change to the site shall not require re-approval or modification to any existing planned unit development permit.

C. Modifications to the site design of an approved planned unit development precise plan, which does not involve any permanent increase in building area or change of use, may be approved by the Planning Commission, without the need for City Council review, for permitted uses. Such actions may be considered through the filing of a modification and paying the fee established for modifications in the master fee schedule ordinance.

The subject trellises fall under category "C" above. In order to grant the subject modification to PUD Precise Plan 02-04, the Planning Commission must make the required findings per La Habra Municipal Code (LHMC) Section 18.52.095, these are the same findings required for the approval of a PUD Precise Plan. Following each finding, staff has provided justification to make said finding.

1. That the location, design and proposed uses are compatible with the character of existing development in the vicinity.

The four trellises are placed within an existing outdoor dining area and are meant to provide shading, cooling, and heating to the existing customers of the restaurant and members of the golf course. The trellises will not expand the building area nor intensify the existing restaurant use. In this case, the white color of the structures complements the tan color and the white trimmed/molding on the building. Therefore, the location, design and proposed use of the trellises are compatible with the character of the existing golf course and as such, with the surrounding residential and commercial properties.
 

2. That the plan will produce, internally, an environment of stable and desirable character, and will not tend to cause any traffic congestion on surrounding or access streets.

The trellises have an open design and do not increase the building area or the outdoor dining area. The intent is to provide shade to the outdoor dining area used by the customers of the restaurant and the golf course members. A such, the request is not considered an intensification of use nor does the request necessitate additional parking or will impact the traffic on the site or surrounding streets.
 

3. That all required applications for the proposed use have been processed, including any conditional use permit applications.

A request to modify the site design of a Planned Unit Development Precise Plan that does not expand the building area of a structure or changes an existing use on the site, requires approval by the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.52.130(C). Pursuant to LHMC Section 18.52.130(C), such action may be considered through the filing of a modification and paying the fee required for modifications. The Applicant submitted an application for Modification 22-04 to amend PUD Precise Plan 02-04 and paid the required fee to comply with this requirement. 
 

4. That the standards of development applicable to the planned unit development are clearly designated in the proposed planned unit development ordinance or plans approved there under and/or supplementary text material.

The four trellises do not conflict with the development standards within the existing La Habra Hills Specific Plan, which does not require a minimum setback or maximum height. These trellises will be reviewed by the Building and Safety Division for conformance with all Building Code standards prior to the issuance of a building permit.

5. That the proposed development will be well integrated into its setting.

As previously mentioned, the trellises are placed within an existing outdoor dining area located directly outside the restaurant of the Westridge Golf Course. The trellises are compatible with the style and design of the existing clubhouse. Therefore, the trellises are already well integrated into the setting of the site.  

6. That provision is made for both public and private open space, at least equivalent to that required in the primary zone.

The trellises are placed within an area already designated and used for outdoor dining. No changes to the outdoor layout of the existing golf course are required. As such, the existing open space will be maintained and remain unchanged.
 

7. That suitable provision is made, where appropriate, for the protection and maintenance of private areas reserved for common use;

The subject finding is not applicable to this request. The finding pertains to the communal open space of a residential development.

8. That the proposed development does not negatively impact the City’s ability to provide services over the short and long term to City residents because the projected cost of providing City services to the property outweighs the economic benefits of the project to the City;

 

The request only consists of legalizing four accessory structures within an existing outdoor dining area and adding an attached overhead outdoor heater and a fan to each trellis. The structures do not intensify the use or require substantial changes to the site layout. Therefore, no impact to the City’s ability to serve the community are expected.

9. That the proposed project complies with all requirements of the California Environmental Quality Act;

 

As new accessory structures, the request to legalize the trellises and add an attached overhead outdoor heater and a fan to each trellis qualifies as a Categorically Exempt pursuant to Section 15303, Class 3: “New Construction or Conversion of Small Structures” of the California Environmental Quality Act (“CEQA”) Guidelines because the trellises are placed within an existing outdoor dining area and do not result in any substantial changes to the site. 
 

10. That there is reasonable assurance that the applicant intends to and will be able to proceed with the execution of the project without undue delay.

 

The Applicant has submitted the modification application to obtain approval through the required process and fully intends to obtain a building permit to formally legalize the structures.

11. That there is substantial compliance with the spirit and intent of this title.

 

The request is in substantial compliance with the spirit and intent of the Westridge Golf Course, which is in substantial compliance with the sprit and intent of the City's Zoning Code. The trellises were installed to provide shading, heating, and cooling to restaurant customers and club members of the golf course within an existing outdoor dining area. The trellises also complement the design and style of the clubhouse.

The Applicant has paid for the processing costs associated with the Modification application, which totals $3956.00.

The proposal has been reviewed pursuant to the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since the proposal only consists of installing four accessory structures within a paved area and the existing topography of the site will not be disturbed, it is exempted by the Water Quality Ordinance from the preparation of a WQMP.

The proposed project is related to the following General Plan policy:

The proposed project is related to the following City Council Goal and Objective: