Accessory Structure code 204.14

 

 

To summarize everything below.

  1. The City is saying the Accessory structure (parking structure) is considered part of the Principal use (Hotel), therefore no setback or height zoning applies to this project.
  2. The Sunset Beach Specific Plan and the Huntington Beach zoning code 201.14 DOCUMENTS that the Accessory structure (parking structure) is incidental to the Principal use (Hotel). And the setback and height zoning applies to the parking structure.

Below is the proof that the City is changing the definition of HBSZO code 201.14 (Accessory Uses and Structures) by considering the parking structure to be PART OF the Principal building instead of being INCIDENTAL TO the principal building.

This is from the March 7, 2018 Zoning Admin Public hearing concerning the Big Daddy Hotel project.

“One of the comments was a parking structure…It is subject to the standards of an accessory structure in the Sunset Beach Specific Plan area which includes limitations on height as well as minimum 3 ft set back.   The parking structure is considered part of the proposed building and not considered a separate structure from the hotel therefore it is not an accessory structure so it is not subject to the accessory structure standards.”

 

What does Accessory Uses and Structures mean? Well, per the Huntington Beach Zoning code 204.14 Accessory Use Classifications – Accessory Uses and Structures are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers’ units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97)

This statement “Accessory Uses and Structures are incidental to the principal permitted use” is very important because it adds clarity to all future projects in the Sunset Beach Tourist District.

One definition for incidental is “accompanying but not a major part of something”.

  1. So the Principal Permitted Use = the hotel
  2. The Accessory Permitted Use = the parking structure.
  3. So let put it together.
    • “Accessory Uses (Parking Structure) are incidental to the principal permitted use (Hotel). In another words the parking structure is not a major part of the  Hotel.
    • Any hotel can be located on a parking lot and the parking lot would not be considered an accessory structure.
    • But if the building chooses to build the hotel above a parking structure then that parking structure requires it own zoning standards. This is true for Big Daddy’s hotel.
    • The builder chose to build a hotel above an Accessory Structure. He could have built a hotel on a parking lot. For example the SUNSET SUITES

  • Per the Sunset Beach Specific Plan, the Accessory Structure (parking structure)  is incidental to the Principal Building (Hotel). Below are the sections from the Sunset Beach Specific Plan.
  • What does this mean?  It means parking Structure shall have a 3 ft. setback from the PCH property line or have an approved height variance if it is located on the property line.
  • This project does not have either a 3 ft. PCH setback or an approved variance from the Zoning Administrator..
Do you need more proof that the Big Daddy Hotel requires a 3ft setback?
  • Both the Travelodge and the Best Western’s parking structures has the required 3 ft. setback from the property line adjacent to PCH. This is proof that the 3 ft. setback is required for the PROPOSED Big Daddy’s hotel parking structure.And the principal building is not considered part of the parking structure.

The Specific Plan shall be used to define the zoning for the specific area.

 

Below is the Beach & Edinger Corridor Specific Plan definition of a Principal Building in relationship to the parking structure.

Please note the Principal Building includes the parking structure.

  • The Sunset Beach Specific Plan and the Huntington Beach zoning code 201.14 DOCUMENTS that the Accessory structure (parking structure) is incidental to the Principal use (Hotel). And the setback and height zoning applies to the parking structure.
  • Where does the Planning Staff have the authority to change the code 201.14