CITY OF BUELLTON
CITY COUNCIL AGENDA
Regular Meeting of March 24, 2022 – 6:00 p.m.
City Council Chambers, 140 West Highway 246
Buellton, California
Council meetings will be conducted in person and the public is welcome to attend.
Consistent with Assembly Bill 361, written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at: http://www.cityofbuellton.com/government/cityTV.php Pursuant to AB 361, cities are allowed to hold City Council meetings via teleconferencing and members of the public can observe and address the meeting electronically by clicking here.
CALL TO ORDER
Mayor Holly Sierra
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members Ed Andrisek, Elysia Lewis, John Sanchez, Vice Mayor Dave King, and Mayor Holly Sierra
REORDERING OF AGENDA
PUBLIC COMMENTS
Speaker Slip to be completed and turned in to the City Clerk prior to commencement of meeting. Any person may address the Council on any subject pertaining to City business, including all items on the agenda not listed as a Public Hearing, including the Consent Agenda and Closed Session. Limited to three (3) minutes per speaker. By law, no action may be taken at this meeting on matters raised during Public Comments not included on this agenda. Public Speakers using a translator are allotted a total of six (6) minutes to speak, unless simultaneous translation equipment is used.
CONSENT CALENDAR (ACTION)
The following items are considered routine and non-controversial and are scheduled for consideration as a group. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Members of the Public may speak on Consent Agenda items during the Public Comment period.
1. Minutes of March 10, 2022 Regular City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022
City Council Meeting Agenda Page 2 March 24, 2022
3. Monthly Treasurer’s Report – February 28, 2022
(Staff Contact: Finance Director Shannel Zamora)
4. Resolution No. 22-08 – “A Resolution of the City Council of the City of Buellton, California, Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for Allocation of Transportation Development Act Funds for Fiscal Year 2022-23”
(Staff Contact: Finance Director Shannel Zamora)
5. Filing of an Amended Claim with the Santa Barbara County Association of Governments (SBCAG) for Revised Allocation of Transportation Development Act Funds (TDA) for Fiscal Year 2021-22
(Staff Contact: Finance Director Shannel Zamora)
6. Ordinance No. 22-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending Section 2.04.060 of the Buellton Municipal Code Pertaining to City Council Compensation” (Second Reading)
(Staff Contact: City Manager Scott Wolfe)
7. Receive and File the 2021 Annual Report on the Status of the General Plan (Staff Contact: Planning Director Andrea Keefer)
PRESENTATIONS
PUBLIC HEARINGS (POSSIBLE ACTION)
8. Resolution No. 22-07 - “A Resolution of the City Council of the City of Buellton, California, Approving a Final Development Plan (21-FDP-05) for the 518 Avenue of Flags – Mixed Use Development Project Located at 518 Avenue of Flags, Assessor’s Parcel Number 137-170-006”
Ordinance No. 22-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving a Development Agreement (21-DA-01) for the 518 Avenue of Flags – Mixed-Use Development Project Located at 518 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” (Introduction and First Reading)
(Staff Contact: Contract Planner Irma Tucker)
COUNCIL MEMBER COMMENTS/ITEMS
WRITTEN COMMUNICATIONS
Written communications are included in the agenda packets. Any Council Member, the City Manager, or City Attorney may request that a written communication be read into the record.
COMMITTEE REPORTS
This Agenda listing is the opportunity for Council Members to give verbal Committee Reports on any meetings recently held for which the Council Members are the City representatives thereto.
City Council Meeting Agenda Page 3 March 24, 2022
BUSINESS ITEMS (POSSIBLE ACTION)
9. Consideration of Architectural Contract for Willemsen Property (Staff Contact: Public Works Director Rose Hess)
10. Discussion of Pension Funding Policy
(Staff Contact: Finance Director Shannel Zamora)
11. Determination of Employee Cost of Living Adjustment (COLA) for Fiscal Year 2022-23 and Proposed Increase in City’s Medical Premium Contribution (Staff Contact: Finance Director Shannel Zamora)
CITY MANAGER’S REPORT
ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, April 14, 2022 at 6:00 p.m.
City Manager Review: SW
Council Agenda Item No.: 1
CITY OF BUELLTON
CITY COUNCIL MEETING MINUTES
Regular Meeting of March 10, 2022
City Council Chambers, 140 West Highway 246
Buellton, California
CALL TO ORDER
Mayor Sierra called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Council Members Ed Andrisek, Elysia Lewis, John Sanchez, Vice Mayor Dave King and Mayor Holly Sierra
Staff: City Manager Scott Wolfe, City Clerk Linda Reid, Public Works Director Rose Hess, City Attorney Greg Murphy, Finance Director Shannel Zamora (via Zoom), and Planning Director Andrea Keefer (via Zoom)
REORDERING OF AGENDA
None
PUBLIC COMMENTS
Judith Dale, Buellton, discussed the County Library Ad Hoc Committee’s quest to convert the library system into a Joint Powers Authority (JPA), which will aid in raising revenue for county libraries.
CONSENT CALENDAR
1. Minutes of February 24, 2022 Regular City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022
3. Monthly Treasurer’s Report - January 31, 2022
4. Resolution No. 22-05 – “A Resolution of the City Council of the City of Buellton, California, Adopting an Update to the 2005 Community Design Guidelines”
City Council Meeting Minutes Page 2 March 10, 2022
5. Resolution No. 22-06 – “A Resolution of the City Council of the City of Buellton, California, Proclaiming the Continuing Need to Meet by Teleconference” MOTION:
Motion by Vice Mayor King, seconded by Council Member Lewis, approving Consent Calendar Items 1 through 5 as listed.
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Andrisek – Yes
Council Member Lewis - Yes
Council Member Sanchez – Yes
Vice Mayor King – Yes
Mayor Sierra - Yes
PRESENTATIONS
None
PUBLIC HEARINGS
6. Resolution No. 22-04 – “A Resolution of the City Council of the City of Buellton, California, Adopting the Measure A Five-Year Local Program of Projects for Fiscal Years 2022/2023 – 2026/2027”
RECOMMENDATION:
That the City Council consider adoption of Resolution No. 22-04.
STAFF REPORT:
Public Works Director Hess presented the staff report.
SPEAKERS/DISCUSSION:
The City Council discussed the current expenditures for local programs and projects and whether the City owns any electric vehicles.
Mayor Sierra opened the public hearing at 6:14 p.m. There being no public comment, Mayor Sierra closed the Public Hearing at 6:15 p.m.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
MOTION:
Motion by Council Member Sanchez, seconded by Vice Mayor King approving Resolution No. 22-04 – “A Resolution of the City Council of the City of Buellton, California, Adopting the Measure A Five-Year Local Program of Projects for Fiscal Years 2022/2023 – 2026/2027”
City Council Meeting Minutes Page 3 March 10, 2022
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor King – Yes
Mayor Sierra – Yes
7. Ordinance No. 22-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending Section 2.04.060 of the Buellton Municipal Code Pertaining to City Council Compensation” (Introduction and First Reading) RECOMMENDATION:
That the City Council consider the introduction and first reading of Ordinance No. 22-03.
STAFF REPORT:
City Manager Wolfe presented the staff report.
SPEAKERS/DISCUSSION:
Mayor Sierra opened the public hearing at 6:17 p.m. There being no public comment, Mayor Sierra closed the public hearing at 6:18 p.m.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
MOTION:
Motion by Mayor Sierra, seconded by Council Member Andrisek, introducing the first reading of Ordinance No. 22-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending Section 2.04.060 of the Buellton Municipal Code Pertaining to City Council Compensation” by title only and waive further reading.
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – Yes
Mayor Sierra – Yes
COUNCIL MEMBER COMMENTS/ITEMS
Vice Mayor King requested and the Council agreed by consensus that staff agendize a consultant presentation to convert the library system to a JPA.
Council Member Lewis announced that the Buellton Senior Center helps domestic violence victims, in addition to all the other community support they provide.
City Council Meeting Minutes Page 4 March 10, 2022
Mayor Sierra requested and the Council agreed by consensus that staff agendize discussion of a community garden in May.
WRITTEN COMMUNICATIONS
None
COMMITTEE REPORTS
Mayor Sierra announced that she attended a Pre-K school meeting and provided an oral report regarding the meeting.
Mayor Sierra announced that she attended a Green Team board meeting and provided an oral report regarding the meeting.
BUSINESS ITEMS
8. Ordinance No. 22-02 – “An Ordinance of the City Council of the City of Buellton, California, Adding a New Chapter 1.17 to the Buellton Municipal Code to Change the System of Elections for Members of the City Council from an At-Large System to a By-District System and Adopting a Map Describing the Boundaries and Identifying Election Sequencing for Each Electoral District” (Second Reading) RECOMMENDATION:
That the City Council request public comment and consider the adoption of Ordinance No. 22-02.
STAFF REPORT:
City Attorney Murphy presented the staff report.
SPEAKERS/DISCUSSION:
Mayor Sierra requested whether there were any public comments concerning Ordinance No. 22-02 and no public comment was received.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
MOTION:
Motion by Vice Mayor King, seconded by Council Member Lewis adopting Ordinance No. 22-02 – “An Ordinance of the City Council of the City of Buellton, California, Adding a New Chapter 1.17 to the Buellton Municipal Code to Change the System of Elections for Members of the City Council from an At-Large System to a By-District System and Adopting a Map Describing the Boundaries and Identifying Election Sequencing for Each Electoral District” by title only and waive further reading.
City Council Meeting Minutes Page 5 March 10, 2022
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – Yes
Mayor Sierra – Yes
9. Discussion Regarding Funding for Senior Center
RECOMMENDATION:
That the City Council consider the funding request from the Buellton Senior Center.
City Manager Wolfe announced that his wife had been employed by the Buellton Senior Center for a period of time in 2021, and that Assistant City Manager/Public Works Director Rose Hess had prepared and would deliver the staff report, as he was required to recuse himself. City Manager Wolfe left the room at 6:25 p.m. and returned at 6:35 p.m., after the discussion, motion, and vote on the item concluded.
STAFF REPORT:
Public Works Director Hess presented the staff report.
SPEAKERS/DISCUSSION:
Correspondence was received and made part of the record from Kathi Heringer, Solvang, supporting the work of the Buellton Senior Center.
Pam Gnekow, CEO of the Buellton Senior Center, spoke to the Council regarding her funding request and thanked them for their support.
Judith Dale, Buellton, spoke in support of the Buellton Senior Center and thanked the Center’s entire staff for their dedication to Valley residents.
Irene Covington, Buellton, spoke via Zoom about the hard work and dedication of the Buellton Senior Center staff.
Marsha Dunn, Buellton, spoke via Zoom and thanked the Buellton Senior Center staff for helping all Valley residents.
The City Council thanked the Buellton Senior Center for everything they do to help Valley residents.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
City Council Meeting Minutes Page 6 March 10, 2022
MOTION:
Motion by Council Member Lewis, seconded by Vice Mayor King approving the Buellton Senior Center’s request for advance funding in the amount of $70,203 in March 2022, rather than July 2022.
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – Yes
Mayor Sierra – Yes
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report to the City Council.
CLOSED SESSION ITEMS
10. Closed Session Pursuant to Government Code Section 54956.9(d)(4) Potential Initiation of Litigation
The City Council met in closed session to discuss Item 10. No reportable action was taken.
ADJOURNMENT
Mayor Sierra adjourned the regular meeting at 7:12 p.m. The next regular meeting of the City Council will be held on Thursday, March 24, 2022 at 6:00 p.m. _________________________________
Holly Sierra
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 2
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: March 24, 2022
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022
______________________________________________________________________________
BACKGROUND
Staff is required to submit a check register to the City Council for approval every council meeting for the most recently completed check register (Attachment 1).
The check register for the period 02/24/2022 through 03/11/2022 has been prepared in accordance to Government Code section 37202 and Buellton Municipal Code section
3.08.070. The check register lists all vendor payments for the specified period above, along with claimant’s name, a brief description of the goods or service purchased, amount of demand, check number, check date and the account number(s) associated with each payment.
The total amount of checks, 02/24/2022 through 03/11/2022, and electronic fund transfers issued for the period of 02/24/2022 through 03/11/2022 was $465,408.84.
FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for FY 2021/22. Cash is available for the payment disbursements of the above liabilities.
RECOMMENDATION
That the City Council review and accept the check register for the period 02/24/2022 through 03/11/2022.
ATTACHMENTS
Attachment 1 – Claims
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 3
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: March 24, 2022
Subject: Monthly Treasurer’s Report – February 28, 2022 ______________________________________________________________________________
BACKGROUND
California Government Code Section 53646(b)(3) provides mandatory investment reporting requirements for California public agencies. The attached Treasurer’s Report complies with the State’s reporting requirement.
On June 10, 2021, Council adopted the current Investment Policy per Resolution 21-09 which states the City Finance Director, as the investment officer, must submit monthly reports to City Council to demonstrate that sufficient cash flow liquidity is available to meet the succeeding month’s estimated expenditures.
This Treasurer’s Report is for February 28, 2022. Treasurer’s Reports are presented on a monthly basis.
FISCAL IMPACT
There is no fiscal impact; this report is intended to show the City Council the financial performance of the City’s investment portfolio of idle funds.
RECOMMENDATION
That the City Council receives and files the Treasurer’s Report for the month ending February 28, 2022.
ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – February 28, 2022
[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in February 28, 2022
March 24, 2022
This report presents the City’s cash activity and investment portfolio as of February 28, 2022. The report includes:
1) Cash and investments at February 28, 2022 compared to the prior month;
2) A reconciliation of cash and investments to City ledger balances; 3) All investments managed by the City on its own behalf; 4) Beginning of year fund balance, revenues, expenditures and ending fund balance for each fund at February 28, 2022
The following schedule is a summary of the City’s cash and investments based on recorded value as of February 28, 2022 compared with the prior month.
January 31, 2022 February 28, 2022 $ Change
Cash - Pooled $ 8,537,849.92 $ 8,834,415.54 $ 296,565.62 Restricted Cash $ 1,752,166.14 $ 1,752,193.39 $ 27.25
Investments held by the City 10,311,583.05 10,298,816.80 $ (12,766.25) TOTAL CASH AND INVESTMENTS $ 20,601,599.11 $ 20,885,425.73 $ 283,826.62
Summary of activity for the Month and Future Liquidity: The majority of the difference in the recorded value for cash held by the City from last month is mainly due to the receipt of December 2021 sales tax and January 2021 transient occupancy tax revenue offset with the monthly cost of sheriff services.
Restricted cash increase is due to interest earning on the account balance. The value of investments decreased mainly due to unrealized losses on Certificate of Deposits (CDs). The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.
City of Buellton
M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f F e b r u a r y 2 8 , 2 0 2 2
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:
Per Statements: 2/28/2022
Mechanics Bank General Checking 9,076,119.06
Mechanics Bank Money Market 206,936.76
Mechanics Bank FSA 15,070.13
Local Agency Investment Fund 8,658,977.01
Multi-Securites Bank 1,432,903.03
Sterling Bank - Escrow 1,752,193.39
Sterling Bank - Equity -
Total Cash per Statements: 21,142,199.38
Claim on Cash vs. Total Cash Per Statements: (256,773.65) Outstanding items per System Reconciliation: (256,773.65) Difference: -
10,031,659.12
3,654,868.31
(872,123.34)
7,022,036.04
(1,637,404.42)
491,613.95
36,183.57
368,412.05
228,369.42
29,342.78
679,581.45
610,568.50
245,664.95
-
-
(3,346.65)
20,885,425.73
8,819,345.41
206,936.76
15,070.13
1,432,903.03
8,658,977.01
1,752,193.39
-
20,885,425.73
Bank Reconciliation - February 2022
City of Buellton, CA
For the Period Ending 2/28/2022
1/31/2022
BALANCE
CURRENT
ACTIVITY
2/28/2022
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (872,123.34) -
020-10000 Claim On Pooled Cash 6,915,599.93 106,436.11
CLAIM ON CASH
001-10000 Claim On Pooled Cash 9,874,967.14 156,691.98
005-10000 Claim On Pooled Cash 3,632,983.38 21,884.93
024-10000 Claim On Pooled Cash 36,183.57 -
025-10000 Claim On Pooled Cash 364,070.66 4,341.39
021-10000 Claim on Pooled Cash (1,637,404.42) -
023-10000 Claim On Pooled Cash 491,613.95 -
031-10000 Claim On Pooled Cash 679,581.45 -
032-10001 Claim On Pooled Cash 610,568.50 -
027-10000 Claim On Pooled Cash 230,997.56 (2,628.14)
029-10000 Claim On Pooled Cash 29,842.78 (500.00)
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash (947.00) (2,399.65)
075-10000 Claim On Pooled Cash 245,664.95 -
090-10000 Claim On Pooled Cash - -
TOTAL CLAIM ON CASH 20,601,599.11 283,826.62
CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 8,523,368.41 295,977.00 999-10004 Pooled Cash - Brokerage 1,445,675.63 (12,772.60) 999-10005 Pooled Cash - LAIF 8,658,977.01 -
999-10002 Pooled Cash - Money Market 206,930.41 6.35
999-10003 Pooled Cash - FSA 14,481.51 588.62
TOTAL: Cash in Bank 20,601,599.11 283,826.62
999-10007 Restricted Cash - Sterling Bank Escrow 1,752,166.14 27.25 999-10008 Restricted Cash - Sterling Bank Equity - -
M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f F e b r u a r y 2 8 , 2 0 2 2
P a g e | 3
City of Buellton
Investment Summary
February 28, 2022
Currently, short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a high quality investment available in terms of safety, liquidity, and yield. Due to fluctuations in the marketplace, the City may have some investments with a current market value that is greater or less than the recorded value. This difference has no effect on investment yield as the City intends to hold the securities to maturity. However, generally accepted accounting principles require that market gains and losses be reported as interest earnings or losses at year-end.
Percent of
Portfolio Yield
Maturity
Term
Maturity
Date Par Value Market Value
Local Agency Investment Fund - LAIF 84.91% 0.24% n/a n/a $ 8,658,977.01 $ 8,658,977.01 Wells Fargo Bank 2.44% 2.25% 5 yrs. 8/16/2022 249,000.00 251,096.58 Sallie Mae Bank 0.98% 3.20% 5 yrs. 5/9/2023 100,000.00 102,551.00 First Technology Bank Fed Cr Union 1.01% 3.60% 5 yrs. 12/26/2023 103,000.00 106,998.46 First Technology Bank Fed Cr Union 0.98% 3.35% 5 yrs. 2/6/2024 100,000.00 103,499.00 Comenity Cap Bank 1.57% 2.80% 5 yrs. 4/15/2024 160,000.00 164,068.80 Morgan Stanley Bank 0.98% 2.75% 5 yrs. 5/2/2024 100,000.00 102,461.00 Capital One Bank 0.98% 2.00% 5 yrs. 8/21/2024 100,000.00 100,800.00 Morgan Stanley Bank 0.98% 1.90% 5 yrs. 1/23/2025 100,000.00 100,350.00 State Bk India 1.96% 1.60% 5 yrs. 4/29/2025 200,000.00 198,722.00 Sallie Mae Bank 1.18% 0.80% 5 yrs. 7/1/2025 120,000.00 116,060.40 Multi-Securities Bank - Cash in Holding 86,295.79
Money Market (Held with Mechanics Bank) 2.03% 0.20% n/a 206,936.76 206,936.76 Total City Investments 100.00% $ 10,197,913.77 $ 10,298,816.80 Certificates of Deposits (Held with Multi-Securities Bank)
M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f F e b r u a r y 2 8 , 2 0 2 2
P a g e | 4
The following is a fund balance schedule showing beginning fund balance at July 1, 2021 plus revenues minus expenditures for the period, resulting in ending fund balance at February 28, 2022. Fund balance includes total assets and liabilities of the City.
As required by Government Code Section 53646 (b) (3), the chief officer for the City declares that there is sufficient funds to meet all obligations for the next six months.
Shannel Zamora
Shannel Zamora
Finance Director
Total Expenses February 28, 2022
Balance
5,883,521.93 5,735,406.68 9,816,394.21
835,553.10 639,693.47 3,440,885.52
006 - Wastewater Capital - 306,626.57 (89,113.77)
020 - Water Fund 1,757,247.78 1,426,513.38 7,512,518.32 021 - Water Capital - 495,052.75 (118,278.69)
299.03 - 491,613.95
18.69 - 36,183.57
219,922.39 304,069.92 378,422.64
027 - Local Transportation Fund 3,434.76 14,628.10 230,036.08 029 - Transportation Planning 16.55 3,957.50 (107,100.72) 031 - Measure A 240,169.01 223,069.97 732,857.76
032 - American Relief Act Fund 610,568.50 - 610,568.50
075 - Trust & Agency Fund 125.94 - 10,519.44
090 - Long-Term Debt - - (3,856,421.20)
091 - General Fixed Assets - - 24,869,114.84
1,909,979.81
11,062,344.80 43,954,853.80
24,869,114.84
092 - Capital Improvement Proj Fund - 1,913,326.46 (3,346.65) 43,556,341.11 11,460,857.49
241,229.42
(103,159.77)
715,758.72
-
10,393.50
(3,856,421.20)
376,774.06
023 - Housing Fees 491,314.92
024 - Traffic Mitigation Fund 36,164.88
025 - Gas Tax Fund 462,570.17
001 - General Fund 9,668,278.96
005 - Sewer Fund 3,245,025.89
217,512.80
7,181,783.92
Fund Balance Report
City of Buellton, CA 2/28/2022
Fund July 1, 2021
Balance
Total Revenues
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 4
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: March 24, 2022
Subject: Resolution No. 22-08– “A Resolution of the City Council of the City of Buellton, California, Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for Allocation of Transportation Development Act Funds for Fiscal Year 2022-23”
______________________________________________________________________________
BACKGROUND
Resolution No. 22-08 authorizes the filing of a claim with the Santa Barbara County Association of Governments (SBCAG) for the City’s allocation of Transportation Development Act (TDA) funds for Fiscal Year 2022-23. Two funds have been created by the TDA, the Local Transportation Fund (LTF) and the State Assistance Fund (STA).
LTF money received by each local government must first be used to fund public transit needs that can be reasonably met. These needs are determined through a public hearing.
Buellton’s public hearing was held earlier this year as part of a single meeting of the combined North County Agencies (Attachment 2). At that hearing, it was determined that Buellton’s need for public transit was being met by the Santa Ynez Valley Transit, which is administered by the City of Solvang. In accordance with the Act, we must continue to fund our share of its operation and must also provide funding for regional planning and pedestrian bikeway facilities.
STA funds are generated from the statewide sales tax on motor vehicle fuel. Funding can only be used for mass transportation and transportation planning purposes. SBCAG advises claimants of FY 2022-23 STA apportionment in September and request that claimants file a revised TDA claim.
Buellton’s maximum LTF apportionment for Fiscal Year 2022-23 is $288,796. Amounts for Regional Transportation Planning of $8,491 and for Pedestrian and Bikeway Facilities of $5,776 have been determined by the Santa Barbara County Association of Governments. Therefore, Buellton’s share of TDA funds available for transit for the Fiscal Year is $274,529.
Resolution No. 22-08 Page 2 March 24, 2022
The projected budget for the Santa Ynez Valley Transit system is prepared by the City of Solvang, the administrator of transit operations, and includes the City’s portion of transit service cost based on Buellton’s 34 percent share of the ridership (Attachment 3). The amount budgeted as Buellton’s portion for fiscal year 2022-23 is $274,529 which will be released to the City of Solvang.
The TDA claim is as follows:
Regional Transportation Planning: $8,491
Pedestrian and Bikeway Facilities: 5,776
TOTAL TDA CLAIM $14,267
The Local Transportation Fund apportionment will be distributed as follows:
Maximum Apportionment for 2020-21 $288,796
Less Total TDA Claim 14,267
Amount to be released to City of Solvang $274,529
FISCAL IMPACT
The City will receive $288,796 as its maximum apportionment for Fiscal Year 2022-23, $274,529 of which will be paid directly to the City of Solvang for operation of the transit system.
RECOMMENDATION
That the City Council consider adoption of Resolution No. 22-08 - “A Resolution of the City Council of the City of Buellton, California, Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for Allocation of Transportation Development Act Funds for Fiscal Year 2022-23”
ATTACHMENTS
Resolution No. 22-08
Attachment 1 - TDA Claim for FY 2022-23
Attachment 2 - Transportation Development Act Local Transportation Fund (LTF) Apportionments for FY 2022-23
Attachment 3 - Santa Ynez Valley Transit Ridership Statistics (March 2021 February 2022)
RESOLUTION NO. 22-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, AUTHORIZING THE
FILING OF A CLAIM WITH THE SANTA BARBARA
COUNTY ASSOCIATION OF GOVERNMENTS FOR
ALLOCATION OF TRANSPORTATION DEVELOPMENT
ACT FUNDS FOR FISCAL YEAR 2022-23
I. RECITALS:
A. The Transportation Development Act, as amended, Public Utilities Code Section 99200, et seq. (hereafter, the “TDA”), provides for the allocation of funds from the Local Transportation Fund and the State Transit Assistance Fund, for use by eligible claimants for various transportation purposes; and B. Pursuant to the provisions of the TDA, as amended, and pursuant to the applicable rules and regulations thereunder set forth in Title 21 California Code of Regulations Section 6600, et seq., (the “Regulations”), a prospective claimant wishing to receive an allocation from the Local Transportation Fund or the State Transit Assistance Fund (hereinafter “STA”) shall file its claim with the Santa Barbara County Association of Governments.
II. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUELLTON DOES HEREBY RESOLVE AS FOLLOWS:
A. The City Manager, or designated representative, is hereby authorized and shall execute and file an appropriate claim pursuant to the terms of the TDA and the Regulations, together with all necessary supporting documents, with the Santa Barbara County Association of Governments for an allocation of TDA funds for the Fiscal Year 2022-23.
B. That the authorized claim includes $8,491 for regional transportation planning, $5,776 for pedestrian and bicycle facilities, $274,529 for transit or paratransit purposes, plus STA funds to be allocated for mass transportation or local transportation planning.
C. A certified copy of this Resolution shall be transmitted by the City Manager to the Santa Barbara County Association of Governments in conjunction with the filing of the claim authorized hereby.
Resolution No. 22-08 Page 2 March 24, 2022
D. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 24th day of March, 2022. _________________________________
Holly Sierra
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk
TTAC STAFF REPORT
SUBJECT: Transportation Development Act – Local Transportation Fund MEETING DATE: March 3, 2022 AGENDA ITEM: 11
STAFF CONTACT: Dave Troutner
RECOMMENDATION:
Recommend that the SBCAG Board approve the Local Transportation Fund apportionments for Fiscal Year 2022/23.
DISCUSSION:
Included as Attachment A are the proposed Transportation Development Act Local Transportation Fund (LTF) apportionments for the upcoming fiscal year (FY 2022-23). LTF revenues are generated from ¼ cent of the state sales tax generated in our region and are apportioned among the local agencies based on population. The recommended apportionments for individual claimants are distributed using the Department of Finance population estimates as of January 2021.
Pursuant to California Code of Regulation, Title 21, Section 6620 the County Auditor-Controller is tasked with providing us with an estimate of the ¼ cent sales tax to be generated in a given fiscal year. SBCAG uses the estimate provided by the County Auditor-Controller to apportion these funds each year. For FY 2022-23 the County Auditor has estimated that $23,580,000 in LTF funds will be available for allocation.
LTF revenues can be used for public transit, paratransit, pedestrian and bikeway projects, transportation planning and, under certain circumstances, for street and road purposes.
The estimated apportionments to each jurisdiction and their uses are detailed in Attachment A.
Local agencies must submit claims for these funds using the attached apportionments. A summary of important dates for LTF claimants is also included in Attachment B.
Claims must be submitted to Dave Troutner at SBCAG no later than April 18, 2022.
The TDA manual and associated forms to reference when completing your LTF claim can be found on the SBCAG website, at http://www.sbcag.org/documents.html#transitresources ATTACHMENTS:
A. FY 2022-23 Local Transportation Fund Apportionments
B. Summary of Important Dates for LTF Claimants
% Bike & Ped. Planning
of Total Maximum Funds Funds Article 4.5
CLAIMANTS Population 1 Population Apportionment 2 (2%) (3%) (5%) Buellton 5,435 1.2319458% $288,796 $5,776 $8,491 $274,529 Guadalupe 8,346 1.8917792% 443,477 8,870 13,038 400,490 4 Lompoc 42,493 9.6318443% 2,257,926 45,159 66,383 2,146,384 Santa Maria 107,445 24.3544468% 5,709,242 114,185 167,852 5,155,845 4 Solvang 5,512 1.2493993% 292,888 5,858 8,611 278,419
SB County (Unincorp. 62,603 14.1902367% 3,326,518 66,530 97,800 3,077,400 4 North County)
SMOOTH (S. M. Valley CTSA) $377,227
So. Co. Claimants 209,338 47.4503478% 11,123,453 222,469 327,030 528,698 10,045,256 (See Below)
Total: 441,172 100.0000000% $23,442,300 3 $468,847 $689,205 $905,925 $21,378,323
SOUTH COUNTY
CLAIMANTS
SBMTD 209,338 $10,372,286 $327,030 $10,045,256
Easy Lift 528,698 $528,698
Carpinteria 13,196 2.9911236% 14,024 $14,024
Goleta 32,339 7.3302476% 34,368 34,368
Santa Barbara City 93,055 21.0926804% 98,892 98,892
SB County (Unincorp. 70,748 16.0362962% 75,186 75,186
South County)
Total: 209,338 47.4503478% $11,123,453 $222,469 $327,030 $528,698 $10,045,256 1 January 2021 Department of Finance figures.
2 TDA revenue estimate from County Auditor-Controller, January 2021 3 Per PUC section 99233.1 allocation has been reduced by $137,700 for administration (Estimate 23,580,000-137,700=23,442,300) 4 Adjusted to provide funding for SMOOTH (Santa Maria Valley CTSA).
Transportation Development Act
Local Transportation Fund (LTF)
Apportionments Fiscal Year 2022-23
4 & 8
for Articles
Available
Attachment A
Santa Ynez Valley Transit Ridership Statistics, February 2021 through February 2022 Route Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Total Fixed-route 2,545 2,815 2,786 2,875 2,685 2,786 2,888 2,841 2,566 2,444 2,537 2,925 32,693 Dial-A-Ride 205 198 192 195 130 171 182 199 219 234 178 164 2,267 Total 2,750 3,013 2,978 3,070 2,815 2,957 3,070 3,040 2,785 2,678 2,715 3,089 34,960 Buellton 850 989 984 994 949 965 982 1,004 970 972 942 1,124 11,725 Solvang 1,308 1,358 1,302 1,418 1,225 1,316 1,428 1,365 1,230 1,174 1,224 1,349 15,697 County 592 666 692 658 641 676 660 671 585 532 549 616 7,538 Breakdown by Community
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: March 24, 2022
Subject: Filing of an Amended Claim with the Santa Barbara County Association of Governments (SBCAG) for Revised Allocation of Transportation Development Act Funds (TDA) for Fiscal Year 2021-22
______________________________________________________________________________
BACKGROUND
On March 25, 2021, City Council authorized the filing of TDA claim funds for Fiscal Year 2021-22. On March 3, 2022, SBCAG revised the claim amounts for Fiscal Year 2021-22.
Attachment 1 is the staff report from SBCAG recommending local agencies amend their 2021-22 claim forms in order to claim the 2021-22 revised apportionments. The revised 2021-22 claim is Attachment 2.
Buellton’s revised maximum apportionment for Fiscal Year 2021-22 is $274,560. The original FY 2021-22 apportionment was $230,059. Amounts for Regional Transportation Planning and Bikes and Pedestrians have been determined by SBCAG.
The revised TDA claim is as follows:
Regional Transportation Planning: $ 8,072
Pedestrian and Bikeway Facilities: $ 5,491
Total TDA Claim: $ 13,563
The revised Local Transportation Fund apportionment will be distributed as follows:
Maximum Apportionment for 2021-22 $ 274,560
Less Total TDA Claim $ 13,563
Amount to be released to City of Solvang $ 260,997
Revised 2021-22 TDA Claim Page 2 March 24, 2022
FISCAL IMPACT
The City will receive $274,560 as its maximum apportionment for Fiscal Year 2021-22, $260,997 of which will be paid directly to the City of Solvang for operation of the Santa Ynez Valley Transit.
RECOMMENDATION
That the City Council authorize the amended 2021-22 claim to be filed with SBCAG for the purpose of claiming Fiscal Year 2021-22 TDA funding.
ATTACHMENTS
Attachment 1 – Staff report from SBCAG showing revised TDA apportionment Attachment 2 – 2021-22 amended TDA Claim
TTAC STAFF REPORT
SUBJECT: Revised FY 2021-22 LTF Apportionments
MEETING DATE: March 3, 2022 AGENDA ITEM: 12
STAFF CONTACT: Dave Troutner
RECOMMENDATION:
Receive revised estimate for Fiscal Year 2021-22 Transportation Development Act – Local Transportation Fund (LTF) apportionments for development of revised claims by claimants.
DISCUSSION:
The County Auditor-Controller has provided a revised estimate reflecting an increase in sales tax revenues for FY 2021-22 of approximately 19.2%. Original estimated revenues of $19,190,000 have been adjusted by this percentage to reflect a new estimate of $22,870,000 for FY 2021-22.
The revised estimates reflect a strong growth in sales tax revenues and align with sales tax projections county wide.
LTF revenues are generated from 1/4 cent of the state sales tax and are apportioned among the local agencies on the basis of population. The recommended apportionments for individual claimants are based on January 2020 Department of Finance population estimates. Revenues can be used for public transit, paratransit, pedestrian and bikeway projects, transportation planning and, under certain circumstances, for street and road purposes.
Included as Attachment A are the proposed revised LTF apportionments for the FY 2021-22. The apportionments to each jurisdiction and their uses have been detailed. Local agencies must submit revised claims for these funds using the attached apportionments.
Claims must be submitted to Dave Troutner at SBCAG no later than April 18, 2022.
The TDA manual and associated forms to reference when completing your LTF claim can be found on the SBCAG website, at http://www.sbcag.org/documents.html#transitresources ATTACHMENTS:
A. FY 21-22 Local Transportation Fund Revised Apportionments
% Bike & Ped. Planning
of Total Maximum Funds Funds Article 4.5
CLAIMANTS Population 1 Population Apportionment 2 (2%) (3%) (5%) Buellton 5,464 1.2092776% $274,560 $5,491 $8,072 $260,997 Guadalupe 8,081 1.7884649% 406,062 8,121 11,938 366,703 4 Lompoc 43,786 9.6905984% 2,200,202 44,004 64,686 2,091,512 Santa Maria 107,407 23.7710251% 5,397,092 107,942 158,675 4,873,951 4 Solvang 5,562 1.2309667% 279,485 5,590 8,217 265,678
SB County (Unincorp. 66,123 14.6341447% 3,322,609 66,452 97,685 3,075,362 4 North County)
SMOOTH (S. M. Valley CTSA) $358,934
So. Co. Claimants 215,417 47.6755223% 10,824,489 216,490 318,240 514,488 9,775,271 (See Below)
Total: 451,840 100.0000000% $22,704,500 3 $454,090 $667,513 $873,422 $20,709,475
SOUTH COUNTY
CLAIMANTS
SBMTD 215,417 $10,093,511 $318,240 $9,775,271
Easy Lift 514,488 $514,488
Carpinteria 13,335 2.9512659% 13,401 $13,401
Goleta 32,223 7.1315067% 32,383 32,383
Santa Barbara City 93,511 20.6956002% 93,977 93,977
SB County (Unincorp. 76,348 16.8971495% 76,728 76,728
South County)
Total: 215,417 47.6755223% $10,824,489 $216,490 $318,240 $514,488 $9,775,271 1 January 2020 Department of Finance figures.
2 TDA revenue estimate from County Auditor-Controller, January 2022 3 Per PUC section 99233.1 allocation has been reduced by $165,500 for administration (Revised estimate 22,870,000-165,500=22,704,500) 4 Adjusted to provide funding for SMOOTH (Santa Maria Valley CTSA). for Articles
4 & 8
Transportation Development Act
Local Transportation Fund (LTF)
Revised Apportionments Fiscal Year 2021-22
Available
(Revision as of 2/22/2022)
Attachment A
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
REVISED 2021-22 CLAIM
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: March 24, 2022
Subject: Ordinance No. 22-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending Section 2.04.060 of the Buellton Municipal Code Pertaining to City Council Compensation” (Second Reading)
______________________________________________________________________________
BACKGROUND
On March 10, 2022, the City Council introduced Ordinance No. 22-03, following a noticed public hearing. Ordinance No. 22-03 would amend Section 2.04.060 of the Buellton Municipal Code pertaining to City Council compensation and provides for an increase in Council compensation to $550.00 per month and an increase to the Mayor’s compensation to $650.00 per month, effective January 1, 2023.
FISCAL IMPACT
The fiscal impact to increase Council Member and Mayoral compensation will be $7,800 annually.
RECOMMENDATION
That the City Council consider adoption of Ordinance No. 22-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending Section 2.04.060 of the Buellton Municipal Code Pertaining to City Council Compensation” by title only and waive further reading.
ATTACHMENTS
Ordinance No. 22-03
ORDINANCE NO. 22-03
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BUELLTON, CALIFORNIA, AMENDING
SECTION 2.04.060 OF THE BUELLTON MUNICIPAL
CODE PERTAINING TO CITY COUNCIL
COMPENSATION
The City Council of the City of Buellton does hereby find and determine as follows:
1. Currently, Section 2.04.060 of Chapter 2.04 of the Buellton Municipal Code provides that the compensation for City Council Members shall be four hundred forty dollars ($440.00) per month in accordance with Section 36516, as amended, of the California Government Code.
2. Government Code Section 36516(c) provides that increases in Council compensation may be authorized by an ordinance or an amendment to an ordinance but the amount of increase may not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.
3. Government Code Section 36516.5 provides that a change in compensation does not apply to a council member during their term of office; however, the prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of the beginning a new term of office.
4. Government Code Section 36516.1 provides that an elected mayor may be provided with compensation in addition to that which he or she receives as a council member.
Additional compensation may be provided by ordinance adopted by the Council.
Now therefore, in consideration of the foregoing facts, the City Council of the City of Buellton does hereby ordain as follows:
A. Effective January 1, 2023, Section 2.04.060 of the Buellton Municipal Code is hereby amended in its entirety to read as follows:
2.04.060 - Council Compensation
The compensation for Council Members shall be Five Hundred Fifty Dollars ($550.00) per month and the compensation for the Mayor shall be Six Hundred Fifty Dollars ($650.00) per month, in accordance with Government Code Sections 36516 and 36516.1.
B. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law.
Ordinance No. 22-03 Page 2 March 24, 2022
C. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. The Ordinance is also exempt from CEQA because it is an organizational or administrative activity of governments that will not result in direct or indirect physical change in the environment. 14 Cal. Code Regs. § 15378(b)(5).
D. The City Council hereby declares every section, paragraph, sentence, cause and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
PASSED, APPROVED AND ADOPTED this 24th day of March, 2022. _______________________________
Holly Sierra
Mayor
ATTEST:
________________________________
Linda Reid
City Clerk
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 7
To: The Honorable Mayor and Council Members
From: Andrea Keefer, Planning Director
Date: March 24, 2022
Subject: Receive and File the 2021 Annual Report on the Status of the General Plan
_____________________________________________________________________________________________
BACKGROUND
Section 65400(a) of the California Government Code requires that an annual report be furnished to the City Council regarding the status of General Plan implementation. Annual reports are due on April 1st of each year and must be submitted to the State Office of Planning and Research (“OPR”) and Department of Housing and Community Development (“HCD”). The 2021 Annual Report on the Status of the Buellton General Plan is attached (Attachment 1).
The Annual Report heavily focuses on progress made towards meeting the Regional Housing Needs Allocation (RHNA) in the Housing Element, which is the number of residential units and the percentage of affordable housing required to be accommodated.
This is done through State mandate that the City’s General Plan Housing Element must identify enough sites adequate for future development to meet this allocation. The number assigned to Buellton for 2015-2023 is 275 units, of which 55% are to be affordable. In this reporting year, from January 1, 2021 – December 31, 2021, three applications for accessory dwelling units (ADUs) were submitted and entitled, with two of those issued building permits. Another ADU which had received entitlements in 2020 was issued a building permit this reporting year. The three ADU projects which received building permits in 2021 were counted towards moderate-income units for the City’s RHNA. To date, the City has exceeded its RHNA for moderate and above-moderate income levels, and 61 very-low income units and 40 low income units are needed to have been issued building permits by 2023 to meet the City’s 2015-2023 RHNA.
There are four primary means to accommodate RHNA goals: Accessory Dwelling Units (ADU), Multifamily Infill, Mixed Use Development, and the Affordable Housing Overlay Zone (“AHOZ”). With the adoption of an updated ADU ordinance on March 26, 2020, consistent with new state law that eased restrictions on these units, increased ADU development has been seen and is expected to continue. Remaining vacant AHOZ sites
2021 General Plan Annual Report Page 2 March 24, 2022
alone will be able to accommodate RHNA goals for this RHNA planning cycle through 2023. In 2021, applications were received on two AHOZ sites for 100% affordable multifamily housing developments. These two applications submitted are not accounted for on Table A of the Annual Report, however, since only applications “deemed complete” can be listed, but are anticipated to be counted in the 2022 report.
RECOMMENDATION
That the City Council receive and file the 2021 General Plan Annual Report and direct staff to file the Report with the State Housing and Community Development Department and Office of Planning and Research on such forms as dictated by the State of California.
ATTACHMENTS
Attachment 1 - City of Buellton 2021 General Plan Annual Report
CITY OF BUELLTON
Annual Report on Status of the General Plan and Programs in Support of Affordable Housing
Reporting Period 1/1/2021 through 12/31/2021
______________________________________________________________________________
BACKGROUND
By law, every community in California is required to adopt a General Plan as the policy framework by which to guide future growth and development. At a minimum, each such Plan must contain seven mandatory elements (Land Use, Circulation, Housing, Conservation, Open-Space, Noise and Safety). Once adopted, zoning and development regulations that follow must be consistent with the policies of the General Plan.
Section 65400(a) of the California Government Code requires that an annual report be furnished to the City Council regarding the status of General Plan implementation.
Annual reports are due on April 1st of each year and must be submitted to the State Office of Planning and Research (“OPR”), the Department of Housing and Community Development (“HCD”), and the Buellton City Council.
For Buellton, the annual report is also used as barometer in evaluating progress in meeting the City’s fair share of regional housing needs.
ANALYSIS
General Plan Overview: The Land Use Element was revised in 2008. The Circulation, Conservation and Open Space, Economic Development, Noise, Parks and Recreation, Public Facilities and Services elements were revised in 2007. A focused update of the Land Use Element is currently underway in conjunction with a comprehensive Circulation Element update. The update to these elements is expected to be complete in by late 2022. The Safety element was revised in 2017. The City updated its Housing Element in February 2015. The updated Housing Element was certified by the State Housing and Community Development Department on May 12, 2015. An update of the Housing Element is currently underway, which is anticipated to be adopted by February 2023. This report is based on the 2015 Housing Element Update. The complete Buellton 2025 General Plan is available for review on the City’s website, www.cityofbuellton.com. Copies are also available by contacting the Planning Department at 805-688-7474.
Housing Element Overview: The Regional Housing Needs Allocation (“RHNA”) process is part of a statewide mandate to address housing related to future growth in the State. The needs assessment process sets numeric targets with the overriding goal of assuring an equitable geographic distribution of needs and responsibilities. The number assigned to the City of Buellton in July 2013 for 2015-2023 is 275, of which roughly 55% is assigned to be affordable units. Table B reflects the current adjusted requirement, taking into account construction that has occurred since the beginning of the current
City of Buellton Page 2 Reporting Period
2021 Annual Report 1/1/21 to 12/31/21
RHNA planning cycle. To date, the City has exceeded its RHNA for moderate and above-moderate income levels, and 61 very-low income units and 40 low income units are needed to have been issued building permits by 2023 to meet the City’s 2015-2023 RHNA.
The 2015 Housing Element relies upon four basic means by which to address the City’s RHNA goals: Accessory Dwelling Units, Multifamily Infill, Mixed Use Development, and the Affordable Housing Overlay Zone (“AHOZ”). Of these, the establishment of an AHOZ is viewed as the principal means for accommodating the City’s RHNA goals.
Housing Performance Assessment: The City is in the process of implementing the programs in the adopted 2015 Housing Element, shown in Table D.
Ordinance No. 20-03, updating the requirements for Accessory Dwelling Unit (ADU) for consistency with new state legislation, was adopted on March 26, 2020. In many ways, it eased restrictions on these units, and the City has since seen increased interest and permitting of ADU development. Three ADUs received building permits in 2021.
Ordinance No. 05-05 was adopted by the City Council on October 13, 2005, and established the AHOZ and the sites to which the AHOZ will initially apply. The 2015 Housing Element has kept the AHOZ program in place and is the basis for the “Adequate Sites” requirement.
As a summary, the AHOZ shall: (i) allow “stand alone” residential projects irrespective of the underlying zone designation with a minimum base density of 25 units/acre; (ii) grant a 2:1 density bonus (two market rate units above the base density for each affordable low and very low income unit) up to a maximum combined density of 50% above the base; (iii) impose an inclusionary requirement, mandating that at least 20% of the base density be affordable to very low, low and moderate income households; (iv) compute the distribution of inclusionary units based on the apportionment of net RHNA goals, based on adjustments from completed affordable units; and (v) institute a bifurcated land use entitlement process that allows for streamlined processing for projects that meet specified criteria.
To date, two AHOZ sites have been developed as residential. The first, Juliette Walk on Site V completed in 2009, consists of 44 condominium units of which four are affordable to very low income persons and three are affordable to low income persons. An $85,635 housing in-lieu fee was also collected. The second was completed in 2017, Avenue Heights Apartments on Site X, which consists of 62 apartment units of which five are affordable to very low income persons, four are affordable to low income persons, and the remainder, since they are apartments, qualify as moderate income units. Three units are designated specifically, by deed-restriction, for moderate income persons.
Two AHOZ sites have been entitled or developed with commercial uses, reducing the number of adequate sites and potential residential units. These sites include: Site IX, entitled with the Waypoint project, and; Site XI, developed with the Hampton Inn. Senate Bill 166, the “No Net Loss Law” became effective January 1, 2019, and requires that any
City of Buellton Page 3 Reporting Period
2021 Annual Report 1/1/21 to 12/31/21
action resulting in a parcel being developed with fewer residential units than identified in the current Housing Element would not result in a shortage of adequate sites to accommodate RHNA, or if it would, that additional adequate sites must be identified within 180 days to make up for that shortfall. Even with the loss of these sites for residential units however, the City has identified enough adequate sites through the AHOZ ordinance to accommodate 921 units on the AHOZ sites that are left, over and above the 2015-2023 RHNA.
Annual Programmatic Calibrations: In compliance with updated State HCD reporting requirements, a general accounting of applications submitted, project entitlements, permits issued and construction completed during the current Housing Element cycle is set forth in Tables A and A2. During this seventh year of reporting under the 2015 Housing Element, three ADU applications were submitted and entitled, and three received building permits. Details of the projects reported are as follows:
Three ADUs submitted complete applications and received entitlements the same day, one attached ADU on Calor Drive (approved January 2021), one detached garage conversion on Central Avenue (approved February 2021), and one attached ADU on Freear Drive (approved June 2021). The ADUs on Central Avenue and Freear Drive received building permits in July and September 2021, respectively. One attached ADU on Riverview Drive which had received entitlements in 2020 was issued a building permit in June 2021. The three ADU projects which received building permits were counted towards moderate-income units for the City’s RHNA.
LEAP Reporting: This is the second year that the Annual Plan is required to report on the Local Early Action Planning (LEAP) Grant. The City was awarded $65,000 in funding through this grant on December 17, 2020, and a Standard Agreement between the City and the Department of Housing and Community Development (HCD) executed on March 11, 2021. Funding is being expended for three tasks: 1) the implementation of a Pre-Approved ADU Plans Program; 2) increasing the City’s capacity to store and share electronic development plan files, and; 3) completion and adoption of the 2023 Housing Element. As the grant has a minimum amount for reimbursement request, the first request for reimbursement will be submitted in March 2022 for grant expenditures thus far.
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 02/15/2015 - 02/15/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 2 1 3 2 0 137-222-001 394 Freear Drive Attached ADU 21-ZC-26 ADU R 6/11/2021 1 1 1 No No N/A Approved 099-280-002
521 Central Avenue Detached ADU - Garage
Conversion & Expansion 20-ZC-39
ADU R 2/23/2021 1 1 1 No No N/A Approved
099-380-017 323 Calor Drive Attached ADU 20-ZC-29 ADU O 1/25/2021 1 1 No No N/A Approved 0 0
0 Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0 0 0
137-222-001 394 Freear Drive Attached ADU
0 N Y
The 2015 Housing Element has
determined all ADUs to be
affordable to moderate income
levels
099-280-002 521 Central Avenue
Detached ADU -
Garage Conversion &
Expansion
0 N Y
The 2015 Housing Element has
determined all ADUs to be
affordable to moderate income
levels
099-380-017 323 Calor Drive Attached ADU
0 N Y
The 2015 Housing Element has
determined all ADUs to be
affordable to moderate income
levels
099-790-001 410 Riverview Drive Attached ADU
0 N Y
The 2015 Housing Element has
determined all ADUs to be
affordable to moderate income
levels
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 3 0 3
137-222-001 394 Freear Drive Attached ADU 21-ZC-26 ADU R 1 6/11/2021 1 099-280-002 521 Central Avenue
Detached ADU -
Garage Conversion &
Expansion
20-ZC-39 ADU R 1 2/23/2021
1 099-380-017 323 Calor Drive Attached ADU 20-ZC-29 ADU O 1 1/25/2021 1 0 0
0 0
1 4
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 0 0 0 3 0 3
137-222-001 394 Freear Drive Attached ADU 1 9/3/2021 1
099-280-002 521 Central Avenue
Detached ADU -
Garage Conversion &
Expansion
1 7/21/2021
1 099-790-001 410 Riverview Drive Attached ADU 1
6/21/2021 1
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
7 Project Identifier Affordability by Household Incomes - Building Permits
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 02/15/2015 - 02/15/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted 5 - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted 4 - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted 60 - 1 - 1 - 3 - -
Above Moderate 124 - 51 38 36 17 - - - - 142 -
275
69 51 39 36 18 - 3 - - 216 101
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
5 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
65 Moderate
66 44
41 Please contact HCD if your data is different than the material supplied here 4 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
61 40
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very Low
Low
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 02/15/2015 - 02/15/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Jurisdiction Buellton
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Affordable
Housing Overlay Zone
(AHOZ)
The City will keep the existing AHOZ sites in the AHOZ inventory but will re-evaluate and re-allocate sites in 2015. The AHOZ sites shall continue to have a minimum density of 25 units per acre to ensure affordability. If any of those properties is developed with a non-residential project or any development that does not meet the requirements of the AHOZ, a comparable acreage shall be rezoned to the AHOZ designation to offset the loss.
In addition, for AHOZ sites in excess of two acres, the City will City of Buellton 2015 Housing Element Page 17 encourage and give favorable consideration to land divisions and specific plans resulting in parcel sizes that facilitate the development of affordable housing projects in light of state and federal funding programs that typical favor projects of between 50 and 150 units. The City will facilitate the development of these sites for low income housing using the methods described in Programs 8 and 9 (Targeted Assistance and Public-Private Partnerships).
Ongoing
The sites have been maintained with a minimum 25 units/acre density and 20% affordability for residential development. Since the underlying zoning is General Commercial (CR), two sites have been entitled and developed as such. Additional sites have not been re-allocated since the City still maintains enough adequate sites. The two sites that have been developed with residential have used the methods in the described programs. Incomplete applications for two sites have been submitted for 100% affordable multifamily development. • Site I - Underutilized
• Site II - Undeveloped
• Site III - Undeveloped
• Site IV - Undeveloped; incomplete application submitted for 100% affordable 49 multi-family unit development under SB 330/35.
• Site V - Developed as Residential Multifamily: Juliette Walk • Site VII - Underutilized
• Site IX - Portion entitled with CR: The Waypoint. Portion undeveloped, with incomplete application submitted for 100% affordable 92 multi-family unit development. • Site X developed with Avenue Heights Apartments – counted toward this planning period’s RHNA (5 VL, 4 Low & 53 mod)
• Site XI - Developed as CR: Hampton Inn
Program 2: Secondary
Units and Multifamily Infill
The City has the capacity to accommodate secondary dwellings on the majority of single family zoned lots. In addition, 33 multifamily units could be developed on existing under developed multi-family zoned parcels. Intensifying the development of under-built properties would provide for more efficient use of a limited land resource while dispersing affordable housing over a larger geographic area. The City shall: (i) maintain the current secondary unit regulations that allow secondary units on smaller lot sizes and exempts them from the inclusionary housing requirements; (ii) continue to provide a 2:1 density bonus for infill multifamily units up to a maximum increase of 50% above the base density; and (iii) continue to allow a reduction in development standards for infill multifamily units by discretionary review as an additional density bonus incentive under the current affordable housing regulations.
Ongoing
(i) Zoning Ordinance Amendment adopted in 2020, and will be revised if needed per HCD comments received on 2/17/2022. ADUs exempt from inclusionary housing requirements. Three ADUs have building permits in 2021.
(ii/iii) Multi-Family development with affordable units have shown interest in greater State Density Bonus allowances.
Program 3: RHNA
Allocation The City shall update its Affordable Housing Ordinance (AHO) to reflect the 2015-2023 RHNA allocation. 2016 Zoning ordinance to be amended in the upcoming years.
Program 4: Inclusionary
Housing and Density
Bonus
The City shall continue to implement the ordinance requiring a 15% inclusionary requirement for all residential projects (except for AHOZ projects which have a 20% inclusionary requirement). The inclusionary requirement shall be accomplished by on-site construction, payment of in-lieu fees, or equivalent actions prescribed in the AHO. The distribution of inclusionary units among target income groups shall be based on the apportionment of RHNA goals. The City shall also continue to implement its ordinance required density bonus requirements that are consistent with State Law and shall review and update its regulations as needed to reflect any State Law changes.
Ongoing; 2016 for review/updates
to Density Bonus Regulations
Program has been maintained and implemented for inclusionary requirements and distribution of affordable units among income levels based on Net RHNA Goals. Zoning Ordinance to be amended in the upcoming years to reflect updated State Density Bonus Law.
Program 6: Secondary
Dwelling and Infill
Inducements
As previously noted, the City anticipates that eight to 16 secondary dwellings would be constructed during the planning period. These units are affordable to moderate income and rents generally fall within the limits established in connection with the Federal Section 8 Housing Assistance Payments Program (“HAPP”). Secondary units are exempt by ordinance from inclusionary requirements in exchange for agreement by property owners to affirmatively market secondary units to income qualifying tenants under the Section 8 HAPP. In addition, the City shall seek grant funds and establish a rehabilitation/construction loan program to help defray development costs and induce production of secondary units. In exchange for rehabilitation/construction financing, owner/developers of secondary units shall be obligated to affordability covenants for a minimum of 10 years.
Ongoing
As previously noted, three ADUs have recived building permits in 2021. LEAP Grant funding has been received in part for the implementation of a Pre-Approved ADU Plans program, scheduled to be in place by 2023.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Program 7:Targeted
Assistance
Past performance clearly evidence the need for deeper subsidies, land use incentives, and layered funding to make development of affordable housing possible. This is particularly true of very low income households and special needs populations (including extremely low income, farmworkers, disabled and homeless) where the needs are most acute. Local funds alone are insufficient to meet that need. Instead, the City will need to draw upon a variety of existing and potential funding resources available from State, Federal and private sources. Locally, the most significant and immediately available resources include: (i) City’s Housing In-Lieu Fee Fund; (ii) HOME Investment Partnership Program; (iii) CDBG Program funding; and (iv) County Housing Trust Funds.
Annual review for Grant
Applications and as NOFAs are
released; Project-specific
Collaboration with Builders/ NonProfit Sponsors and Facilitation of Large Lot Developments; and 2016
for AHO Amendments
City participates in the HOME Consortium, CDBG and CoC. Portion of excess in the sales of an affordable unit is deposited in the City's Affordable Housing Trust Fund, in-lieu fees are paid to this fund.
Program 8: Public-Private
Partnerships
The development of affordable housing, particularly for extremely low and very low income households, as well as populations with special needs, generally requires collaboration among multiple parties (e.g., developers, non-profit housing sponsors, local government, etc.). In this regard, the City’s contribution can take one of a number of forms: (i) assisting in the review and preparation of concept drawings; (ii) analyzing development proforma and identifying gap financing; (iii) fast tracking the environmental review and entitlement permit process; (iv) utilizing the City’s police powers to provide necessary land use and zoning; (v) supporting applications submitted to funding agencies; and (vi) providing direct financial or development assistance. Recognizing the collaborative nature of affordable housing development, the City shall undertake the following: (i) continue participation in the County HOME Consortium and CDBG Urban County and similar collaborative efforts to affirmatively further emergency shelter, transitional housing, single room occupancy units, shared living arrangements, supportive services and congregate housing needs outlined in the Consolidated Plan; (ii) conduct workshops and advise for-profit and non-profit sponsors of Key Development Sites selected for application of an AHOZ, including dissemination of information on City website; and (iii) avail itself and offer all reasonable assistance to facilitate the development of affordable housing consistent with the General Plan and Housing Element, with particular emphasis on the needs of extremely low and very low income households and associated special needs population segments (e.g., farmworkers, disabled, etc.) Annual program and funding
collaboration with agencies (e.g
County HOME Consortium and
CDBG Urban County); and Projectspecific assistance, fast tracking and workshops as needed in
response to requests from
developers and organizations.
(i) The City assists in the review and development of concept drawings through the Conceptual Review process, where the applicant can receive feedback from the Planning Commission and City departments before submitting a formal application. (ii) The City continues to participate in the HOME Consortium, CDBG, CoC, and a Regional Housing and Homelessness Collaborative. (iii) Projects on AHOZ sites receive streamlined environmental review. (iv) The City has rezoned for adequate site capacity for affordable housing, and has updated the City's Zoning Ordinance to allow various types of special needs housing. (v) The City has supported applications submitted to funding agencies for HOME funding. (vi) The City granted in-lieu funds to an affordable multi-family development in 2021. (i) The City continues to participate in the HOME Consortium, CDBG, CoC, and a Regional Housing and Homelessness Collaborative. (ii) Information on AHOZ sites is up on the City's website and brochures are available in the Planning Department.
Program 9: Multi-Family
Infill
All residential projects, excluding AHOZ projects, shall require review and recommendation by the Planning Commission and a final decision by the City Council in order to ensure that the design is consistent with the City’s policies and ordinances. 2016-2017 Municipal code has not been amended to this end, and no plans to do so are forthcoming, as this would put an additional barrier to housing development.
Program 10: Special
Needs Housing
As a member of the Santa Barbara County HOME Consortium, the City actively supports the County in administering a Continuum of Care Homeless Assistance Program. In addition, the City provides financial assistance to Santa Ynez Valley People Helping People in furnishing food and emergency services to Buellton residents. Information regarding services to assist homeless persons is routinely provided by the City as appropriate. Persons needing such services are typically referred to the County Sheriff (which administers a fund for food, gas and emergency shelter) or to People Helping People (which administers various social services). A substation of the County Sheriff is located adjacent to City Hall and People Helping People operate in nearby Solvang. To address these needs, the City shall: (i) continue its involvement and support of the Consortium of Care and People Helping People Homeless Programs; (ii) continue to disseminate information on services and resources; and (iii) evaluate amnesty provisions for using motels for limited residential purposes (see Program 16). 2017 for Residential Amnesty
Program, Ongoing for Balance of
Services
Continued involvement in CoC and People Helping People Homeless Programs. Amnesty provisions included in Zoning Ordinance by allowing motels used as single-room occupancies under Special Needs Housing.
Program 11: Persons with
Disabilities Continuation of the Adaptive Retrofit and Universal Design Programs 2017 for Code Amendment; Ongoing for balance of programs Code amendment adopted. Program continues to be maintained and implemented.
Program 11A: Land Use
Modifications -
Transitional and
Supportive Housing
The City shall amend its existing use regulations (codified at Sections 19.02.110 and 19.02.210 of the Municipal Code) to allow transitional and supportive housing in all zones allowing residential uses. Transitional and supportive housing will not be subject to any restrictions not imposed on similar dwellings in the same zone.
2016 Completed. Municipal Code has been amended.
Program 12: Property
Rehabilitation
In response to the need for property rehabilitation, the City shall: (i) continue its financial support of the mobile home repair program; (ii) (iii) evaluate expansion of emergency repair assistance to encompass adaptive retrofit needs of disabled persons and inclusion of energy conservation features; (iv) conduct a focused outreach to owners of substandard rental property to identify interest/willingness to engage in cooperative rehabilitation; (v) establish a budget and seek grant funds to underwrite these endeavors; and (vi) prioritize funds according to the severity of need and link affordable housing covenants to the amount of funds required.
Ongoing for Emergency Mobile
Home Repair
Program; 2017 for Emergency
Mobile Home Repair
Program Expansion and Outreach
to Rental
Properties
City has appropriated funds for the continuation of the Emergency Mobile Home Repair Program in the current budget.
Program 13: Code
Enforcement
There are an underdetermined number of motel rooms (concentrated in the area of Avenue of Flags) that may be in violation of zoning regulations by virtue of their long-term residential use. To protect tenants without compromising land use policies or vested property owner rights, the City shall undertake the following action.
Transient Occupancy. The City shall amend its Municipal Code to: (i) clarify the definition of hotel and motel uses with respect to duration of occupancy; (ii) allow for a reasonable number of long-term visitor stays; (iii) provide for a reasonable amortization of existing non-conforming use; and (iv) make allowances for relocation payments in the event of tenant displacement. As part of the Municipal Code amendment, the City shall: (i) undertake an
analysis of candidate properties; (ii) ascertain the breadth and magnitude of potential nonconforming conditions; and (iii) evaluate the feasibility of an amnesty program whereby limited residential use may be continued in exchange for affordable housing covenants. 2017
Municipal Code has been partially amended to this end regarding relocation assistance and replacement provisions, however, new stricter State legislation has been passed. Non-conforming residential uses in the hotels continue to be allowed.
Program 14: Energy
Conservation
The City will continue to collect, maintain and disseminate information from Pacific Gas and Electric (“PG&E”) to encourage existing residents to participate in energy efficiency retrofit and rebate programs. This information will be maintained at City Hall and relevant topics will be periodically featured in the City’s bi-monthly newsletter that is distributed to all residents. In addition, the City will: (i) post relevant information on its official website; (ii) integrate energy retrofit improvements into its emergency repair ; and (iii) sponsor an energy awareness program, in conjunction with PG&E, to educate residents about the benefits of various retrofit and rebate programs.
Ongoing
City runs a Landcape Rebate Program for water conservation. Relevant information on energy efficiency and conservation programs through Santa Barbara County are posted to City's website, bi-monthly newsletter and Facebook page.
Program 15: Fair Housing
Services
The Federal HOME (Investment Partnership Act) Program provides access to grant funds targeted at low and very low income families. Eligible uses of these funds include homeownership assistance, multifamily rental project assistance, homeowner rehabilitation, and tenant based rental assistance. To enhance their prospects for Federal HOME funding, the Cities of Buellton, Carpinteria, Goleta, Lompoc, Santa Maria and Solvang have formed a consortium in cooperation with Santa Barbara County. As a member of the HOME Consortium, the City of Buellton has access to a variety of fair housing services sponsored by the County including the Rental Housing Mediation Task Force, fair housing publications and website information. Due to limited funding, these services are typically restricted to residents and property owners within unincorporated areas of the County. To expand access to these programs and assure their continued availability to Buellton, the City shall enter into discussions with the County and arrange a transfer or trade of HOME funds or Federal CDBG funds in exchange for access to County-sponsored fair housing counseling, information dissemination and referral services. 2017 Program has been implemented and maintained.
Program 16: Information
and Referral
The City will continue to collect, maintain and disseminate information from the County, Housing Authority and State Department of Equal Housing and Employment regarding housing and tenant rights. This information will be maintained at City Hall and relevant topics will be periodically featured in the City’s bi-monthly newsletter that is distributed to all residents. The City will also: (i) post relevant information on its official website; (ii) conduct a focused mailing of relevant materials to landlords and tenants; and (iii) refer complaints directly to the State Department of Fair Employment and Housing. In addition, the City in partnership with the County of Santa Barbara (acting by and through the HOME Consortium and CDBG Program), and other public and non-profit agencies, will jointly sponsor and avail its facilities to provide an educational seminar on tenant and property owner rights and responsibilities under state and federal fair housing laws, including rights of the disabled for equal access to housing.
2017 for Fair Housing Seminar;
2017 for Mailing and Website;
Ongoing for Information
Dissemination and Interagency
Cooperation
Complaints are referred to the California Rural Legal Assistance. The City keeps records of updates to State legislation regarding housing and tenant rights.
Program 17: Participation
and Public Monitoring
Prior to any public hearing where the City is considering amending or updating the Housing Element, the City will post notices at significant public locations and shall directly notify the entities listed in Table H-4. Notice shall also be given in conjunction with annual review of Housing Element performance.
a. Annual Review. In the time frame mandated by State Law, the City shall prepare its General Plan Annual Report and present said report to the City Council. The report shall then be filed with State HCD in the manner prescribed by law. b. Program Promotion. As part of the annual review process, the City shall continue to promote the availability of housing assistance programs. No less than once a year, these programs will be advertised in the City’s bi-monthly newsletter that is distributed to all residents and posted on the City’s official website.
Ongoing for Noticing, Advertising,
Workshops and Annual Reports
a. Annual Review objectives have been implemented and are being maintained. b. Housing assistance programs have been promoted on occasion through the City's bi-monthly newsletter and Facebook page.
Program 18: Affordable
Housing Monitoring
The City shall maintain, in coordination with the Housing Authority, and all other non-profit housing sponsors, a list of all dwellings within the City that are subsidized by government funding or low income housing developed through local regulations or incentives. The list shall include, at a minimum, the number of units, the type of government program, and the date at which the units may convert to market-rate dwellings. In addition, the City shall document the status of all covered units as part of its year-end report required pursuant to Government Code Section 65400. The City shall also notify the current owner/manager of Central Gardens I of the two year notice requirement in Section 19.16.022(B)(8) of the Municipal Code and record a declaration to this effect upon the title.
Ongoing for Annual Year-End
Reports, 2016 for Notification to
Central Gardens I
Such a list has been completed, and is periodically maintained.
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 02/15/2015 - 02/15/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 02/15/2015 - 02/15/2023 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+
Low-Income+TOTAL UNITS+
Extremely LowIncome+Very LowIncome+
Low-Income+TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Buellton
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 02/15/2015 - 02/15/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Buellton
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 02/15/2015 - 02/15/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 3
0 3
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 0 0
2 to 4 0 0 0
5+ 0 0 0
ADU 3 3 0
MH 0 0 0
Total 3 3 0
3 3
3 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8
To: Honorable Mayor and City Council Members
From: Irma Tucker, Contract City Planner
Meeting Date: March 24, 2022
Subject: Resolution No. 22-07 - “A Resolution of the City Council of the City of Buellton, California, Approving a Final Development Plan (21-FDP-05) for the 518 Avenue of Flags – Mixed Use Development Project Located at 518 Avenue of Flags, Assessor’s Parcel Number 137-170-006” Ordinance No. 22-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving a Development Agreement (21-DA-01) for the 518 Avenue of Flags – Mixed-Use Development Project Located at 518 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” (Introduction and First Reading)
BACKGROUND
Owner: The 518, LLC
Agent: Brandon Mann, MB Development Company
Zoning: CR-SP (General Commercial - Specific Plan)
APNs: 137-170-006
The proposed project consists of a Final Development Plan (21-FDP-05) for the development of a mixed-use project located at 518 Avenue of Flags, on a 1.22+/- acre parcel located on one of the four Town Plaza Corners at the north-east corner of Avenue of Flags and Second Street (Attachment 1 – Vicinity Map). The property is within the Avenue of Flags (AOF) Specific Plan and has an underlying zoning of CR- General Commercial. The entire site is in the 100-year flood zone (Attachment 2 – Flood Zone Map).
The proposed mixed-use Art Deco building with enhanced corner courtyard represents a landmark development intended to anchor the City’s Town Plaza and downtown core. The applicant is requesting to participate in the Development Opportunity Reserve (DOR) program of development incentives/public benefits created by the Specific Plan. A Development Agreement (21DA-01) to implement the DOR terms applicable to the project is being considered as part of this City Council public hearing.
The Applicant’s project description is attached hereto (Attachment 3). The proposed project, known as “The 518”, consists of commercial and residential uses in two separate buildings:
approximately 5,511 square feet of ground floor commercial space in Building #1, a signature corner courtyard building situated along the Avenue of Flags frontage; and 48 multi-family
Resolution No. 22-07 Page 2 March 24, 2022
Ordinance No. 22-05
residential units located above the commercial space in Building #1 and also in a separate building complex, Building #2, which is located along the Second Street frontage of the property.
The type and intensity of proposed uses and the Art Deco architectural style appear to be generally consistent with Specific Plan development guidelines and the urban design vision for this prominent downtown core location. As identified in the AOF Specific Plan, the 1.22-acre project site is located on a portion of Opportunity Site #07, which is suitable for a signature courtyard/plaza building with general commercial and mixed use, as proposed by the Project. The site is vacant, previously developed land (no existing structures) on a relatively flat parcel. Existing buildings and uses on the adjacent properties are: San Marcos Motel immediately to the north; Avenue Heights Apartment to the east; the recently approved Creekside Village Mixed-Use Project to the south; and the Avenue of Flags roadway and Median 3 to the west.
The subject property has an existing entitlement for Final Development Plan (17-FDP-03) for a mixed-use development, which was approved in 2019 on behalf of prior owner Kamran Amiri. The prior owner has not proceeded with building construction plans and has sold the property to the current owner. The current Owner/Applicant has filed the subject application (21-FDP-05) for new development entitlements, and related Development Agreement (21-DA-01), with a different project description than the previously approved mixed-use project. Upon Planning Commission and City Council approval of the proposed Final Development Plan 21-FDP-05 and Development Agreement 21-DA-01, the existing entitlement approval for Final Development Plan 17-FDP-03 shall be terminated; this requirement is included in the conditions of approval.
On March 3, 2022, the Planning Commission conducted a public hearing regarding the proposed project, including entitlement applications and substantive terms for the DOR, and approved upon a 4-to-0 vote a recommendation to City Council that the project be approved with the conditions set forth in Planning Commission Resolution No. 22-02.
DISCUSSION
Project Features
The mixed-use development consists of two separate buildings with a total gross floor area of 74,152 square feet, of which 5,511 square feet of ground floor commercial space are in Building #1 and 48 total residential units are distributed between Buildings #1 and #2. A total of 98 parking spaces are provided at ground level, consisting of both outdoor and indoor spaces, with the latter being located in a parking garage underneath the residential units in Building #2. Amenities include a ground level Town Plaza corner courtyard; outdoor and indoor common areas and other site features for the residential uses; and a pedestrian “amenity bridge” that connects the two buildings and provides views of the surrounding area.
Both buildings are the same height: 41 feet at typical top-of-parapet. Building #1 is 3 stories, while Building #2 is 4 stories. This differential in the number of stories is described as follows:
Building #1 has ground floor commercial space, which is almost entirely one level (includes single dwelling at mezzanine level) with a tall internal plate height of 19’8”. On top of this level, there are 2 residential floors. The building is interpreted technically and visually as a 3-story structure.
In Building #2, this same plate height (19’8”) accommodates both the ground floor garage level plus the 1st residential level above; on top of this, there are 2 residential levels, for a
Resolution No. 22-07 Page 3 March 24, 2022
Ordinance No. 22-05
total of 3 residential stories. While Building #2 may technically be interpreted as a 4-story structure, it is the same height as Building #1.
The proposed project plans depict the following information:
Building #1
o Ground floor: 5,511 square feet of at-grade general commercial space, fronting on Avenue of Flags
o Mezzanine level (single dwelling unit), 2nd and 3rd residential floors above commercial space: 16 dwelling units; one elevator and two exterior stairs provide pedestrian access o Outdoor common areas: 532 square foot Town Plaza corner courtyard o One roof deck; pedestrian “amenity bridge” connecting to Bldg #2 o Bicycle racks at two locations
Building #2
o Ground floor: 2 entrance lobbies, both with interior stairs and one with elevator; mail, laundry and bicycle storage rooms; at-grade covered parking garage (serves as foundation to support residential floors above); provides single car and tandem parking for dwelling units; (see discussion in Consistency with City Standards below, specifically regarding Policy Interpretation)
o 3 floors of multi-family residential use: 32 dwelling units o Centrally located common courtyard/outdoor living space with shared BBQ & seating o Outdoor common space: 7 roof decks; pedestrian “amenity bridge” to Bldg #1 o Indoor common space #1: Gym, Yoga, Lounge areas
o Indoor common space #2: Banquet Room
o Private outdoor decks for 43 of the 48 units
o Two vehicular access points via driveways along Second Street The following Project plans are attached to the staff report:
Applicant’s Project Description (Attachment 3)
Revised Project Plans, received December 22, 2021 and updated February 10, 2022 (Attachment 4), consisting of Site Plan, Floor Plans, Color Exterior Elevations, Color & Materials Images; Landscape Plans, Grading Plan, Color 3D Illustrations, Conceptual Lighting Plan, Detail Sheets
Conceptual Signage Plan, received January 20, 2022 (Attachment 5) Story poles were installed on January 16, 2022, more than the minimum required 30 days prior to the public hearing. Photos of the story poles are included as Attachment 6.
Consistency With City Standards
The 1.22-acre project site is located in AOF Specific Plan District #3 – Civic Junction & Town Plaza (Downtown Core), on a portion of Opportunity Site #07, which is suitable for a signature courtyard/plaza building with general commercial and mixed use, as proposed by the Project.
Overall, the Project conforms to AOF Specific Plan development and building standards, with exceptions noted in the discussion below. The Project is also generally consistent with applicable sections of the underlying CR (General Commercial) zone (BMC § 19.02.220) and related development standards/procedures on which the AOF Specific Plan is silent, as well as with other applicable regulations of the City’s Municipal Code, policies of the Buellton General Plan, and the Community Design Guidelines.
Resolution No. 22-07 Page 4 March 24, 2022
Ordinance No. 22-05
Table 1. Project Consistency With AOF Specific Plan & CR Zone Development
Feature City Requirement Proposed Project Project Consistency Proposed Use(s) General Commercial & Mixed-Use Mixed-Use Consistent Siting of Land
Uses
Ground Floor on AOF Frontage:
• Non-Residential first 150’ depth (*)
• No parking garages or similar (*)
Retail Consistent
(*) With Policy
Interpretation
Upper Floors:
• Non-Residential or Residential
Residential Consistent
Building Types
Allowed
Mercantile, Mixed-Use
Courtyard Corner (Town Plaza Corner)
Mixed-Use
Town Plaza Corner
Consistent
Setbacks & Bldg.
Placement on
Lots
Zero lot lines encouraged,
Max Front Setback: 20’
(applicable to courtyard building types)
Buildings placed along side &
front property lines
Side Setbacks: 0’ – 3’
Front Setback: 0’ – 3’
Consistent
Consistent
Setbacks for
Town Plaza
Corner Courtyard
AOF & 2nd St. corner,
ground-floor courtyard req’t:
Min 15’, Max 55’
Corner Courtyard:
Front Setback: 20’
Side Setback: 28’
Consistent
Heights Allowed Minimum: 16’
-----
Maximum: 35’ (w/out incentives)
---------
Max. Façade Height at Property Line: 30’
Add’l Height to be Setback 10’
-----
Architectural Features: Max. 50’
(BMC § 19.04.110 (B))
Minimum: 30
-----
Predominant Max: 41’
---------
3 rd floor Façade Height: 41’
(Front/Side Property Lines)
Setbacks Vary: 0’ – 49’
Front (AOF): 0’ – 23’ setbacks
(32% of frontage setback >10’)
Side (2nd St.): 0’– 35’ setbacks
(64% of frontage setback >10’)
Side (No. P/L): 0’– 49’setbacks
(71% setback at >10’)
-----
Art Deco Tower Elements: 46’3”
(typical)
Consistent
-----
Inconsistent;
Allowable with DOR
Incentive
----------
Inconsistent;
Potentially
Allowable with
Development Plan
Modification
-----
Consistent
Minimum Lot Area No minimum 1.22 acres Consistent
Site Coverage No maximum 39% Consistent
Landscaping /
Hardscaping
15% ; incl’g hardscape and setback areas
fronting on streets
15% Consistent
Resolution No. 22-07 Page 5 March 24, 2022
Ordinance No. 22-05
The proposed combined building footprint is 20,804 square feet, which is roughly 39% of the 53,138 square foot gross parcel area; this includes 11,262 square feet of ground-level covered parking garage in Bldg #2 underneath the residential floors. The remainder of the parcel area is utilized for landscape, hardscape (including the Town Plaza corner courtyard), outdoor parking, and pedestrian/vehicular circulation
The proposed Project generally complies with the AOF Specific Plan development and building standards, as well as applicable regulations of the City’s Zoning code and policies of the Buellton General Plan, with the following exceptions: typical building height, façade height setback at property lines, density, and tandem parking. (See discussion below regarding potential development plan modifications for façade height setback and tandem parking, and DOR incentives for building height and residential density.)
Floodplain Ordinance (Building Flood-proofing Conditions) The site is within the 100-Year Flood Zone; grading and/or flood-proofing are required to bring the building pad and proposed structures into compliance with the City’s Floodplain ordinance. The Applicant proposes to flood-proof the non-residential (commercial) ground floor level of Building #1; residential uses are located on two floors above and are thus elevated out of the floodplain. The residential uses in Building #2 are located above the ground level garages and are thus elevated out of the floodplain. Compliance with the Floodplain Ordinance and any related Building & Safety or Fire Department requirements is included as a condition of approval for the project.
AOF Frontage Ground Floor Non-Residential/Parking Setback Area (Policy Interpretation) The AOF Specific Plan intent is clearly to have a commercial streetscape along the Avenue of Flags frontage, and to avoid having parking or residential uses on the ground floor of this frontage.
Further, the Specific Plan allows for different kinds of mixed-use projects, such as horizontal mixed-use, where commercial uses front along the Avenue and housing is in the rear, away from the Avenue frontage, as proposed by the subject Project. Determination of a project’s consistency with the Specific Plan is intended to be flexible in consideration of site-specific constraints and economic viability. Guided by the spirit and intent of the Specific Plan, the Planning Director has made a formal Policy Interpretation in order to allow residential and parking uses within the 150- foot ground floor non-residential/parking setback area as long as the proposed parking and residential uses are situated to the rear of the required ground floor frontage of viable commercial use on the Avenue of Flags. No incentive or modification is needed for said proposed uses within the 150-foot setback area.
Building Height & Façade Heights Setbacks
(Includes DOR incentive for Height, Development Plan Modification for Façade Height Setbacks) In accordance with the AOF Specific Plan, the proposed development is considered a mixed-use, Town Plaza corner courtyard building. Per the Specific Plan and underlying baseline CR Zoning, a maximum 35 foot building height is allowed; the proposed building height is 41 feet at typical top of parapet (6 feet in excess of the baseline allowance). At strategic locations, architectural elements of the building façade and tower features extend slightly above top of parapet to approximately 46’ feet; architectural features such as tower elements, elevators and stair housings, and similar structures may extend to 50 feet per the Municipal Code (BMC 19.04.110 B). As provided for in the Specific Plan, a DOR incentive is being requested by the Applicant for the 6 foot excess height above the baseline at the typical top of the parapet. No incentive is needed for the tower features or other architectural elements.
Resolution No. 22-07 Page 6 March 24, 2022
Ordinance No. 22-05
Per the Specific Plan, front and side property line building setbacks may be provided but are not required. The project proposes the following building setbacks:
Western street frontage - variable Zero to 20-foot setbacks along the front property line (Avenue of Flags)
Southern street frontage - Zero-foot setbacks along the side property line (Second Street). Eastern interior rear property line - 50-foot +/- setback for Building #2; and a 5-foot setback for the uncovered and covered carport parking spaces, which extend along the 200-foot length of the property line
Northern interior side property line - Zero-foot setback for Building #1, which extends to a depth of 51+/- lineal feet; along the remaining 214 feet depth of the property line, Building #2 is set back 49’ and its footprint occupies only about 50% of the property depth.
A 5-foot setback is proposed for the uncovered and covered carport parking spaces which extend along 214 feet of the property line.
Town Plaza Corner Courtyard at Avenue of Flags & Second Street – setbacks of 20 and 28 feet, respectively
Per the AOF Specific Plan Form-Based Code, building façade standards call for variation, with vertical/horizontal articulation and facades to broken into appropriate modules. Facades shall be a minimum of 2 stories and a maximum of 3 stories at the property line. The Project generally meets the intent of the façade standards and has provided façade modules and articulation.
The ground level building footprint is consistent with setback requirements in the Specific Plan. At the property lines, building heights above 30 feet require façade setbacks of at least 10 feet; portions of the project are inconsistent and require a development plan modification as discussed below. The Art Deco building design, site placement and articulation of the facade modules has resulted with approximately 33% overall average of the 3rd floor facades (30+ feet high) that are not set back 10 feet; and approximately 67% of the 3rd floor facades (30+ feet high) that are setback greater than 10 feet from the front, rear and side property lines. Table 2 below shows the portions of the building façades at property lines that *do (do not) observe the building height setback requirement.
Table 2
PROPERTY LINES & BUILDING FAÇADE HEIGHT SETBACKS
Maximum Building Façade Height at Property Line = 30’
Additional Height Allowed With Setback of 10’
Property Line (P/L) Length of
Building
Footprint
Building Footprint Length
w/ Facade Height Setbacks
of 10’ to 49’
Bldg Footprint Length w/
Facade Height Setbacks
Less than 10’
Lineal Feet / Percent
Compliant
Lineal Feet / Percent
Non-Compliant
Front P/L (west)
Avenue of Flags =
200 lineal feet
200’ 63 L.F. / * 32% 137 L.F. / (68%)
Side P/L (south) –
2 nd Street =
265 lineal feet
179’ 114 L.F. / * 64% 65 L.F. / (36%)
Rear P/L (east) – 150’ 150 L.F. / 100% 0 L.F. / 0%
Resolution No. 22-07 Page 7 March 24, 2022
Ordinance No. 22-05
Interior parcel line =
200 lineal feet
Side P/L (north) –
Interior parcel line =
265 lineal feet
176’ 125 L.F. / * 71 % 51 L.F. / (29%)
Averages:
* 67% average
* Meets height
setback
(33% average)
(does not meet height
setback)
Building Height DOR Incentive
The building height of 41 feet, which is 6 feet above the 35 foot baseline height allowed in the CR zone, may potentially be considered a DOR incentive as set forth in the AOF Specific Plan. The Applicant is requesting a DOR incentive/benefit package to address the proposed height; the specific terms of the DOR package would be determined as part of a future action by the City Council and formalized in a Development Agreement. A Summary of Proposed Conceptual DOR Terms is set forth in Attachment 7 hereto. Staff is in support of the Applicant’s request insofar as the DOR program is the appropriate mechanism to address the proposed height increase.
Building Façade Height Setback Modification
The façade height setback deviation, where the 41 foot facade heights exceed the 30 foot height allowance at the property line, would require a development plan modification in accordance with BMC 19.08.120 (g), which allows the Planning Commission to modify height and setback requirements when it finds that such modifications are justified.
The AOF Specific Plan Form-Based Code is intended to allow for flexibility in building design, massing and site layout. The proposed buildings have been thoughtfully designed to embrace the Art Deco style and fulfill the Specific Plan vision to provide a signature development located at the core of Buellton’s downtown.
Staff is in support of a plan modification as the appropriate mechanism to address the façade height setback deviation from Form-Based Code standards. This would allow for an average of 33% of the building heights at property line to deviate from the 10 foot setback requirement above the 30- foot height level.
The façade height deviations are located primarily along the Avenue of Flags street frontage, and to a lesser degree along the Second Street frontage, where sidewalks extend an additional 8 to 12 feet (respectively) beyond the property line and add, in effect, an additional setback to the building façade when viewed from the street and surrounding neighborhood.
There is also a lesser façade height deviation along the northern property line is for Building #1, which has a relatively short depth of 51 feet, representing a 29% portion of the combined building frontages along that property line depth. This segment abuts the San Marcos Hotel property at a location that is currently a landscaped area and provides a visual buffer to the proposed Project. Along the remaining northern property line, Building #2 is setback 49 feet, and carport-covered parking spaces (maximum 12 feet high) are setback 5 feet.
Resolution No. 22-07 Page 8 March 24, 2022
Ordinance No. 22-05
Residential Density (includes DOR Incentive for Density) The mixed use project proposes to construct 48 dwelling units (rental apartments) on the 1st, 2nd and 3rd residential floors. The residences consist of a mix of studio (8 units), 1-bedroom (21 units) and 2-bedroom (19 units) dwellings. The baseline underlying CR Zoning allows a maximum residential density of 15 units per acre for a mixed-use project, which would result in 18 allowable units for the subject property. (BMC 19.02.220 C.1)
The proposed density of residential use (48 units) is 39 dwelling units per acre. Per the AOF Specific Plan, a residential density range of 20 – 40 units per acre is potentially allowed with the Development Opportunity Reserve (DOR) program.
The Applicant is requesting a DOR incentive/benefit package to address the proposed density. A Summary of the Proposed Conceptual DOR Terms as reviewed by the Planning Commission on March 3, 2022 is set forth in Attachment 7. The specific terms of the DOR package are included in the project conditions of approval and are discussed later in this City Council staff report, under the section entitled Development Opportunity Reserve.
Affordable Housing Ordinance
In accordance with the City’s Affordable Housing Ordinance, BMC Chapter 19.16, the residential component of the proposed mixed-use project is subject to 15% inclusionary housing requirement and would require the construction of an estimated 8 affordable housing units on-site, unless an alternative is approved by City Council through the Affordable Housing Agreement. The Applicant states that the affordable units would be spread throughout the Project and proportional to the overall unit mix. Compliance with the Affordable Housing Ordinance is included in the conditions of approval, which set forth provisions for an Affordable Housing Agreement and requirements precedent to issuance of permits.
The following conditions of approval related to affordable housing have been included:
87. Affordable Housing Ordinance. Compliance with the Affordable Housing Ordinance (AHO) is required in accordance with Municipal Code Chapter 19.16 and as set forth in the Planning Commission Staff Report dated March 3, 2022, as applicable; or with negotiated terms in the Development Agreement (21-DA-01) and a subsequent Affordable Housing Agreement to be approved by City Council. Compliance as detailed in the AHO includes but is not limited to:
a. Inclusionary Zoning and Affordable Units. At least 15% of the 48 residential units, total of eight (8) units, shall be developed as Affordable Units (as defined in the AHO). b. Affordable Housing Agreement. As a condition precedent to obtaining Zoning Clearance for building permits, the Applicant shall prepare and submit an Affordable Housing Agreement for review and approval by City Council for the purpose of detailing and ensuring compliance with the AHO. The Affordable Housing Agreement shall be recorded against the property prior to issuance of building permits.
Resolution No. 22-07 Page 9 March 24, 2022
Ordinance No. 22-05
Parking
(Includes Development Plan Modification for Tandem Parking) Based on the proposed plans, required parking for the residential portion is 77 spaces and the commercial is 19 spaces, for 96 total spaces required; 98 parking spaces are provided on-site, 2 spaces more than the minimum requirement. Ground level parking is proposed, consisting of:
• Surface parking behind Building #1 and along the north and east property lines, • A combination of indoor garage parking in Building #2 (tandem and single-car spaces for residents), carport-covered (with potential solar panels, also for residents) and uncovered parking (for residents and commercial uses)
• A circular drive-aisle serves the parking spaces, with two points of driveway access from Second Street.
The proposed parking is consistent with the AOF Specific Plan and applicable Zoning Code parking standards, as set forth in Table 3.
TABLE 3 - PARKING ANALYSIS
Use Proposed Area
(or Factor)
Parking Space
Ratio
Parking Req’d Parking
Provided
Commercial 5,511 sf 1 per 300 sf 19 21
Residential 48 units:
8– Studio
21 - 1-bedroom
19 - 2-bedroom
Visitor Parking
1 per unit
1 per unit
2 per unit
1 per each 5 unit
77 8
21 38
10 77
TOTALS 96 98
Consistent
w/ Stds
Handicapped (counts toward
total number of spaces provided)
Per total number of
spaces on site
3 spaces for site
with 81 – 120
spaces
3 6
Loading Space Commercial Uses w/
floor area of 3,000+ s.f.
1 space 1 space
(10 ft. x 30 ft).
1 Proposed uses and related parking required/proposed are summarized below. Commercial: 5,511 square feet gross floor area proposed. At a 1:300 ratio for general commercial uses, 19 parking spaces are required; the project provides 19 outdoor, uncovered spaces on-site. At this time no commercial tenants have been secured; the Applicant states that no restaurant uses are anticipated (this would require additional parking for employees). Residential: a total of 48 units are proposed, consisting of studio, 1-bedroom and 2-bedroom units. A total of 77 parking spaces are required (67 for residents, 10 for guests); 77 spaces are provided.
Code Consistency: for the proposed uses, 96 vehicle parking spaces are required and 98 spaces are provided; the 2 extra spaces would be used as needed by the project. Three (3) outdoor and three (3) indoor handicapped accessible spaces are proposed; the indoor space consists of one tandem garage (2 spaces) and one single-car garage. Minimum handicapped parking space requirement is 3 stalls, while the Project is providing 6 spaces.
Resolution No. 22-07 Page 10 March 24, 2022
Ordinance No. 22-05
Guest parking for the residential uses is provided along the eastern (rear) property line, adjacent to the neighboring Avenue Heights Apartments
The required one (1) loading space for commercial uses is provided; this is in the form of a 10’x30’ striped area that occupies 4 of the required standard commercial parking spaces at the rear of Building #1. The Applicant states that loading and deliveries would occur only between the hours of 6-9am Monday through Friday; at all other times, the area will be available for public parking to serve the commercial uses. Loading hours and terms would be included as part of any future commercial leases. The Applicant’s obligation to ensure compliance with loading zone requirements, including hours and relevant terms, is included in the conditions of approval for the Project
Bicycle parking: outdoor public bike racks are shown at 2 locations along Building #1. A dedicated indoor bicycle parking room off the main entrance lobby to Building #2 is provided for the residents; at this location, long-term bicycle parking is provided at one space per unit, or 48 total spaces.
The following parking-related items are addressed as part of the recommended actions and discretionary approvals for the Project:
Carport-covered Parking with Future Solar Installation. A total of 21 carport-covered parking spaces are proposed (9 spaces along the northern side property line, and 12 spaces along the eastern, rear property line). Considered “accessory structures”, the carports would not exceed 12 feet in height, would be located approximately 28 feet from the principal residential structure (Building #2), and would be setback 5 feet from the respective property lines. A landscape strip has been integrated into the 5-foot setback area; this fulfills landscaping requirements surrounding parking areas and also serves to screen the residential carports from the adjacent residential uses (Avenue Heights Apartments to the east). The design style of the carport accessory structures shall complement the Art Deco architectural theme of the primary buildings. Construction and design plans for the carport structures shall be submitted to the Planning Department prior to Zoning Clearance and shall be to the satisfaction of the Planning Director; this is a conditions of approval for the Project. The future installation of solar panels would be addressed as part of the building permit process. Tandem Parking for Residents. On the ground floor of Building #2, 19 indoor tandem garages, each with 2 parking spaces, are proposed for the 19 two-bedroom units; an additional 8 singlecar garages are shown. A total of 46 indoor parking spaces are proposed, of which 38 are tandem. The provision for tandem parking would require a development plan modification in accordance with BMC 19.08.120 (g), which allows the Planning Commission to modify parking-related requirements when it finds that such modifications are justified.
BMC 19.04.144 (Design and Improvement of Parking), paragraph C. (Construction and Design) states that, “5. The design of parking areas shall not require the moving of any car to gain access to a required parking space unless the applicable zone district regulations specifically permit tandem parking.” The Buellton Municipal Code does allow for tandem parking in mobile home parks, for Accessory Dwelling Units (ADUs), and as an incentive if needed to achieve an affordable housing mix as set forth in BMC Section 19.16.018. Affordable Housing, Density Bonus, paragraph B.1.b. (Off-street parking requirements).
The Avenue of Flags Specific Plan Form-Based Code is intended to allow for flexible interpretations of development standards regarding building design and site layout. The proposed project does meet and exceed the minimum required on-site parking requirement; a total of 98 standard-size (no compact) parking spaces are proposed, 2 spaces in excess of the
Resolution No. 22-07 Page 11 March 24, 2022
Ordinance No. 22-05
minimum 96 spaces required. While the design and layout of the tandem parking spaces deviate from the strict interpretation of code requirements in the underlying CR zone; it is important to note that the concept of tandem parking is utilized in other zoning districts and types of development as a mechanism to address site constraints in the design of parking spaces, particularly for projects with higher-density residential and affordable housing uses.
In general, the dimensions of the parking spaces within the garages appear to be consistent with industry standards and meet the minimum size of spaces as defined in the Municipal Code. The depths of the individual parking garages and tandem parking spaces vary, reflecting the exterior articulation of the overall building. The Applicant has provided the following minimum dimensions (some garages may have additional depth):
Minimum Tandem Parking Garage Dimensions = 11’-2” width x 36’ depth Minimum Single Parking Garage Dimensions = 11’-2” width x 20’ depth Accessible parking garage spaces reflect the required 5 foot access aisle on the driver side of the car and the path of travel.
During its preliminary review in October 2021 of the Project, the Planning Commission was generally supportive of the proposed tandem layout. Tandem parking is being viewed as a creative and appropriate solution to providing adequate on-site parking in a location such as the subject Project, which is located at the core of Buellton’s downtown and seeks to fulfill the AOF Specific Plan vision of serving as a catalyst for rejuvenation of the surrounding Specific Plan area.
It is also noted that, as part of the Environmental Review process (discussed later in this report), a Traffic & Parking Study was conducted for the Project. The Study determined that adequate vehicular access, turning radii, and safe vision clearance (particularly at garage entrances, driveways and corners) are being provided. The Study also analyzed potential peak parking demands based on average parking rates for mixed-use developments as set forth in the Institute of Transportation Engineers (ITE) parking generation rates. The peak parking demand for the Project was forecast to be 69 spaces, which is 29 spaces less than the 98 spaces being is being provided by the Project. The Study concluded that there are more than adequate on-site parking spaces being provided to serve peak demand generated by the proposed mixed-use development.
The conditions of approval require that a legal mechanism and ongoing monitoring and enforcement program be implemented by the Applicant to ensure that the tandem garages are used for resident vehicle parking only and not for storage, business or other purposes that preclude the parking of residents’ vehicles. The mechanism for this program shall be established prior to Zoning Clearance, to the satisfaction of the Planning Director.
In consideration of the above facts, Staff is in support of a development plan modification as the appropriate discretionary action to address the allowance of tandem parking.
Architectural Design
Overall, the Project generally complies with the Art Deco design as well as the Specific Plan vision for a landmark corner courtyard building at the prominent Town Plaza intersection of 2nd Street and Avenue of Flags. Architectural Design Review by the City’s contract Architect has been completed for the Project. Comments in the design review report dated 10/15/21 (Attachment 8) have generally been addressed by the Project.
Resolution No. 22-07 Page 12 March 24, 2022
Ordinance No. 22-05
In particular, the following Architectural Design items have been addressed:
height and setback deviations are included in the discretionary actions being requested site plan revisions have been made to ensure adequate maneuvering space for vehicles; this has been verified by the Traffic Study
to the extent feasible, parking areas have been separated from buildings by pedestrian pathways and landscaping; vehicle and pedestrian circulation diagrams have been added to the plans
the entirely residential portion (Building #2) of the proposed Project is adjacent to the residential apartment uses to the east, and is separated by a drive aisle, surface parking (portion covered with solar carport) and a 5 foot landscaped buffer strip compliance with Flood Control requirements is a condition of approval Clean Air/Van Pool/EV spaces have been noted on the plans roof plans have been added to the plan set; no visible exterior utility equipment appears to be proposed; roof drainage will be utilized via drains on the flat roof and conveyed internally via downspout with the walls
decorative ceramic tiles, wainscoting, color accents, parapet caps and other design elements have been incorporated as shown in the Detail Vignettes the subject Project is intended to be complementary to the companion Creekside Village Mixed-Use development approved on the opposite (south) side of Second Street; thus the proposed Project’s color pallet is intentionally similar There are two outdoor, ground floor trash collection enclosures proposed, on the eastern and western sides of Building #2. Commercial tenants and residents in both buildings would deposit trash at these locations. The City’s trash collection service, Marborg, has reviewed the trash/recycling area plans for layout and accessibility, and has provided a letter of approval (Attachment 9). (Note: a pedestrian gate is not being proposed.) The trash enclosure plans show design details with decorative elements complementing the overall building design.
Landscaping/Hardscape
A minimum of 15% landscaping of net site area is required for mixed-use projects, of which a maximum 25% may be hardscape. The project is required to provide 7,956 s.f. of landscape area on-site. The revised plans indicate that approximately 7,961 s.f. (15%) of the project site will be landscaped; of this amount, 5,972 s.f. is softscape (plantings) and 1,989 s.f. is hardscape.
Additional landscaped areas are proposed off-site along Second Street in the public right-of-way; these areas are not counted towards meeting the minimum on-site landscaping requirement. The conditions of approval require that, if the final Project plans do reflect a landscape strip in the Second Street right-of-way, this area shall be in addition to the 8 foot wide sidewalk public improvement requirement as well as the on-site landscape requirement. Location and dimensions for all of the landscape and hardscape areas are shown in the revised plans.
The landscape plans state that there are no existing trees on site. Some architectural features, such as trellises, seating) have been identified. The conditions of approval require that the final project site plan and/or landscape plans identify the location, dimensions and design details for all applicable landscape architectural features such as walls, fencing, gates, screening, paving types, trellises, arbors, benches, outdoor furniture and other similar features.
Screening of parking areas is addressed in BMC 19.04.144, which requires non-residential parking areas abutting residentially developed properties to have a wall of at least five feet in height between the parking area and the adjoining residential property. For the proposed Project, at surface parking
Resolution No. 22-07 Page 13 March 24, 2022
Ordinance No. 22-05
areas along the northern and eastern property lines, the required 5’ wide landscaped strip is depicted in the landscape plans. It is noted that the entirely residential portion (Building #2) of the proposed Project, along with ancillary parking for its residents and guests, is adjacent to the existing residential apartment uses to the east; the surface parking areas (portion covered with solar carport) are separated from the existing apartment uses by the 5 foot landscaped buffer strip. Given that two residential uses abut one another other at this location, the installation of a 5 foot masonry wall is not warranted and would detract from the aesthetic viewsheds of both properties.
Street tree varieties proposed for Avenue of Flags and Second Street will be reviewed as part of the street improvement plans.
The Preliminary irrigation plans include a statement referencing compliance with applicable water efficiency landscape measures (i.e. MWELO). Per the conditions of approval, prior to Zoning Clearance, final irrigation plans shall be included with future iterations of the project landscape plans submitted for building permit review and shall also include a statement referencing compliance with applicable water efficiency landscape measures.
Residential Open Space
BMC Section 19.18.022 requires that an open space area of two-hundred fifty (250) square feet per residential unit, exclusive of the required landscaping, shall be provided for mixed-use projects.
The open space areas shall contain usable amenities, and private patio or balcony areas may be included in the required area. The proposed 48 residential units would require a minimum 12,000 square feet of open space.
Project plans indicate that 12,868 square feet of open space are provided. The locations and dimensions of the areas being counted toward meeting the open space requirement along with a summary of calculations have been provided in the revised Project plans. Usable amenities counted toward meeting the open space requirement include: a centrally located common courtyard/outdoor living space with shared BBQ & seating area; the Town Plaza corner courtyard; outdoor common spaces consisting of 8 roof decks distributed throughout the two buildings; private decks/balconies for 43 of the 48 dwelling units; and a 9’2” wide pedestrian “amenity bridge” that connects Buildings #1 and #2 on the residential third floor. The bridge is not required for pedestrian circulation but is being included as an open space amenity so the residents can enjoy the views of the surrounding vistas. In order for the amenity bridge to be counted as open space, the installation of usable amenities such as seating and/or benches (or equivalent) is required and shall be shown on the building plans prior to Zoning Clearance, to the satisfaction of the Planning Director; this is a condition of approval.
Not being counted toward the open space requirement, but provided in Building #2 as indoor communal amenities to the residents, are: a combination gym/yoga/lounge area on the ground floor, opening onto the common courtyard; and a banquet room on the residential first floor.
Signage
Signage allowances for commercial zones are calculated at one square foot of sign area per lineal foot of the longest street property frontage, and an additional one-half square foot of sign area per lineal foot of side/secondary street frontage. With approximate street frontages of 265 feet along Second Street (longest frontage) and 200 feet on Avenue of Flags (secondary frontage), it is estimated that a maximum aggregate sign area of 365 square feet is allowed for the Project. The sign allowance is included in the conditions of approval.
Resolution No. 22-07 Page 14 March 24, 2022
Ordinance No. 22-05
The project plans show approximate locations for some proposed signage on the building facades; additional signage to be determined. A Conceptual Signage Plan (Attachment 5) has been submitted with the project plans and reflects designs which appear to be aesthetically compatible with the Art Deco design styles and applicable standards of the AOF Specific Plan.
A separate sign permit will need to be submitted prior to Zoning Clearance; this is a condition of approval. The sign permit application shall include a Master Sign Program reflecting design details and dimensions for all proposed signage (wall, awning, building identification, suspended/projecting, tenant/building directory, individual tenant, door, window, directory, etc.) and in sufficient detail to allow for calculation of compliance with the City’s Sign Ordinance (Municipal Code Section 19.04). Sign lighting details and specifications shall be included. All signage and sign lighting shall be consistent with the Art Deco design theme.
Lighting
The project plans provide some information on exterior lighting. General location and types of exterior wall-mounted light fixtures on ground floor, 1st, 2nd and 3rd floors of the buildings are shown. The exterior light fixtures appear to be generally consistent with the Art Deco style and dark sky friendly; ratings below 3000 Kelvin are recommended. Exterior building lighting and security lighting for the outdoor parking area needs to be further detailed as part of the building plans. Outdoor lighting shall be shielded in a manner that prevents a direct line between its luminary and any residentially zoned or residentially developed parcel. Within 50 feet of residential uses, lighting shall be installed no higher than 20 feet above the ground directly below the light fixture.
All exterior lighting shall be consistent with Art Deco design style, and dark sky friendly. It is a condition of approval that a detailed lighting plan, which complies with the above lighting standards and any other applicable requirements, be incorporated into the building plans prior to Zoning Clearance. To the extent feasible, the lighting plan shall take into consideration lighting-related comments submitted by Nancy Emerson on behalf of W.E.Watch.
Photometric lighting plan has not been provided. It is a condition of approval that a photometric plan be provided in compliance with the City’s Mixed Use Ordinance (BMC Chapter 19.18), which requires that outdoor lighting shall not exceed the following levels: one-half foot-candles at property line if the subject property abuts a residential zoning district or use; and two foot-candles at the property line if the subject property abuts a non-residential zoning district. This requirement shall apply to wall-mounted exterior lighting on the ground floor, the residential uses on the 1st, 2nd and 3rd floors, as well as perimeter lighting, path lighting, and security lighting in the exterior parking lot. All outdoor lighting, including parking lot and security lighting and any lighting impacting the on-site and adjacent residential uses, shall also comply with the Mixed-Use Ordinance and any other applicable Municipal Code requirement.
Project Access & Public Improvements
Vehicular access to the project is provided via two main driveways along Second Street, with a circular drive aisle looping around the property. The drive aisle provides access to both the exterior parking spaces throughout the site and the indoor parking garages on the ground floor of Building #2.
Ground-floor pedestrian access to the commercial uses in Building #1 is provided along Avenue of Flags, Second Street and from the drive aisle at the rear of the building. Residential uses in Building #1 are accessed via an elevator and two staircases. Residential uses in Building #2 are accessed through a main lobby, with elevator and interior stairs, opening onto the entry gateway on Second Street. Also providing access is a secondary lobby, with interior stairs, which opens onto the central
Resolution No. 22-07 Page 15 March 24, 2022
Ordinance No. 22-05
courtyard. Pedestrian circulation on the 1st, 2nd and 3rd residential floors is provided via interior and exterior walkways and courtyards. The path of travel throughout the entire site needs is depicted in the project plans.
The project would be conditioned to provide street and sidewalk improvement plans at time of building plan review. Features on Avenue of Flags will need to include the brickwork and lighting that matches other locations on the Avenue, and other applicable specifications (e.g. street furniture, streets trees) described in the AOF Specific Plan. In addition, Planning Commission Resolution 22-02, Condition #48, includes the installation of signage regarding potential time limit restrictions during business hours for on-street parking along the Avenue of Flags frontage, subject to further discussion and direction from the City Council.
Building Department Comments
The Santa Barbara County Building Department submitted updated comments via correspondence dated February 11, 2022 (Attachment 10). Building Department comments are included in the conditions of approval for the project.
Fire Department Comments
The Santa Barbara County Fire Department submitted updated comments on the revised plans via correspondence dated March 1, 2022 (Attachment 11). The updated Fire Department comments and requirements are included in the conditions of approval for the project.
ENVIRONMENTAL
In accordance with the requirements of the California Environmental Quality Act, California Public Resources Code section 21000 et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15000 et seq., and the Environmental Impact Report Guidelines of the City of Buellton (collectively, “CEQA”), the proposed Project uses were adequately addressed in the prior Mitigated Negative Declaration prepared for the Specific Plan pursuant to the California Environmental Quality Act. Applicable mitigation measures consistent with that document have been included in the Project conditions of approval.
As part of the site-specific initial environmental assessment of the proposed project, a Traffic & Parking Study dated January 27, 2022 (Attachment 12 hereto) was prepared for the Project by Associated Transportation Engineers. The Study determined that:
1. The peak hour and total vehicle trips generated by the proposed Project would not result in a significant impact on the levels of service for the local street system per the analysis in the AOF Specific Plan MND.
2. The Project’s proposed site access and circulation plan would adequately accommodate Project traffic, would provide adequate maneuvering space for vehicles pulling in and out of the parking garages, and would not upset traffic along Second Street adjacent to the Project driveway.
3. Adequate on-site parking is available to satisfy the Project’s parking demand.
4. Under the new State law utilizing Vehicle Miles Traveled (VMT) as the new CEQA metric to determine transportation impacts, the Project is considered a “Small Project” and therefore would have a less than significant VMT impact.
As a result of the findings in the Traffic & Parking Study, no additional mitigation measures are required.
Resolution No. 22-07 Page 16 March 24, 2022
Ordinance No. 22-05
PLANNING COMMISSION COMMENTS
A Preliminary review of the Project was held on October 21, 2021, by the Planning Commission, at which time the Commission expressed overall favorable comments toward the proposed development. Highlights of the Planning Commission comments/issues along with notes on how some of the issues have been addressed in the revised plans are reflected below:
1. Likes: Overall design of site and buildings, Art Deco architectural elements, renderings and perspectives (especially Avenue of Flags frontages and design harmony with the neighboring streetscape.)
2. Tandem Parking: generally supportive of concept; requesting enforcement mechanism to ensure that garages are used for vehicle parking and not for storage. (Note: a condition of approval is included to require a monitoring and enforcement program to ensure that the tandem garages are used for resident vehicle parking only and not for storage.)
3. Bicycle Access & Storage: requested that bike storage area for residents be identified. (Note:
revised plans included a dedicated indoor bicycle storage room.)
4. Landscaping & Open Space: it is important that the Project meets or exceeds the minimum code-required landscape area and that adequate open space be provided. (Note: the plans have been revised to ensure that the on-site landscaping provided meets the minimum amount required by code; and to increase the amount of common open space available to the residents.)
5. Flood Ordinance compliance: supportive of using flood-proofing for the buildings as proposed by the Project.
On March 3, 2022, the Planning Commission conducted a public hearing on the Project entitlements (21-FDP-05) and subsequently adopted Resolution 22-02 recommending approval of the project to the City Council. As part of the entitlements, the Commission reviewed the substantive terms of a DOR package, which reflected the residential density and building height incentives introduced during the October 21, 2021 preliminary review; the substantive terms are subsequently being considered for incorporation into Development Agreement 21-DA-01. As part of the action approving Resolution 22-02, the Planning Commission recommended the installation of signage regarding potential time limit restrictions during business hours for on-street parking along the Avenue of Flags frontage, subject to further discussion and direction by the City Council. The Planning Commission staff report dated March 3, 2022 and Resolution No 22-02 are attached hereto as Attachments 13 and 14, respectively.
DEVELOPMENT OPPORTUNITY RESERVE (D.O.R.) PROGRAM
The project applicant is requesting to participate in the Development Opportunity Reserve (DOR) program of development incentives/public benefits created by the AOF Specific Plan.
Development incentives are being requested for Residential Density and Building Height; a fixedsum payment into a Public Benefit Fund to be administered by the City is proposed, as summarized below and described in further detail in the Development Agreement (21-DA-01).
DEVELOPMENT INCENTIVES
Residential Density Allowance
The current underlying zoning provides for up to 15 dwelling units per acre, allowing 18 dwelling units “by-right” for the 1.22 acre property, while the D.O.R. program allows a project to achieve up to 40 dwelling units per acre, allowing up to 49 dwelling units on the subject site. The 518 Avenue of Flags project proposes 39 dwelling units per acre, which calculates to 48 dwelling units. The proposed density is within the range potentially allowed by the DOR program.
Resolution No. 22-07 Page 17 March 24, 2022
Ordinance No. 22-05
Building Height
The City of Buellton’s zoning code allows for a baseline 35-foot height limit and up to a maximum of 50 feet as an incentive for the D.O.R. program. MB is proposing a typical top-of-parapet height of 41-feet, 9 feet under the maximum allowable with DOR incentive and 6 feet over the baseline limit.. Development incentives as part of the DOR program are being requested to allow for the increased height of 6 feet.
PUBLIC BENEFIT
In return for the above-described development incentives regarding Building Height and Residential Density, the Applicant proposes to deposit $200,000 in a Public Benefit Fund.
The funds are to be remitted by the developer to the City in accordance with the schedule of payments as set forth in section 6.4 of the Development Agreement (21-DA-01) for the Project. The funds are to be administered by the City Manager and Finance Director; which and shall be used at the City’s discretion for improvements in the vicinity of the project site, as may be identified by the City Council.
The previous Development Agreement for the Creekside Village Mixed-Use Project considered $300,000 in return for an approximately 30% on-site parking reduction, and an increase in residential density. In consideration of the fact that the proposed 518 MixedUse Project is proportionally 75% of the scale of the Creekside Village project in terms of density, provides 100% of the code-required on-site, and the 6-foot height increase is only 3 feet over Creekside Village's approved height, the Applicant feels it would be appropriate to contribute $200,000 to the City of Buellton to be used towards community benefits and the D.O.R. program.
Payments of the public benefit funds are scheduled to begin at 24 months after the execution of the development agreement. The initial payment will be $40,000, with additional payments of $40,000 being due each year following on the anniversary of execution of the agreement for a total of five payments, except that, unless otherwise agreed to by any modifications to the Development Agreement, any remaining amount to bring the total to $200,000 will be due prior the time Building Permits are to be issued. Each payment made to the City is non-refundable, and will be placed in the Public Benefit Fund.
However, in the event of a default by the developer, all funds previously paid to the City may be withdrawn from the Public Benefit Fund and placed in the City general fund, for use at the sole discretion of the City Council.
DEVELOPMENT TIME FRAME
Section 19.08.120 (H) of the Buellton Municipal Code establishes a time limit of five years for approvals of final development plans and extensions thereto (maximum of two one-year time extensions). Through provisions set forth in Section 5.3 of the Development Agreement (21-DA01), the term of the subject entitlements for the 518 Avenue of Flags Mixed-Use Project is proposed to be seven years from the date of final adoption of Ordinance No. 22-05. The Project will not be entitled to apply for any further extension as allowed under the Buellton Municipal Code. This has been included in the conditions of approval for the project.
Further, the applicant has identified a proposed time frame for reaching the commencement of construction, with a proposed filing of application for building permits within 24 months of approval of Ordinance No. 22-05, and commencement of substantial physical construction within
Resolution No. 22-07 Page 18 March 24, 2022
Ordinance No. 22-05
36 month of approval. These are intended to be outside time frames, with these milestones anticipated to be reached sooner.
DEVELOPMENT AGREEMENT
The purpose of the proposed 518 Avenue of Flags Mixed-Use Project Development Agreement (21-DA-01) is to implement the conditions of project approval concerning DOR incentives/public benefits, development phasing, permitted uses, affordable housing, off-site improvements, performance milestones, schedule of payments, and related topics. The terms of the Development Agreement were negotiated with the Developer by the City Council Ad Hoc Committee (comprising Mayor Sierra and Vice Mayor Sanchez), with support and assistance from City staff and Ken Hira and Joseph Dieguez from the Kosmont Company. The negotiated terms reflect an understanding of the City’s needs to utilize the DOR program to provide public benefits above and beyond what can be obtained through the normal development entitlement process, as well as a realization of the costs and likely returns of a project such as the one proposed by the applicant.
While a mixed use project of the type and size of the subject project might normally be expected to provide a larger public benefit than what is seen here, the requirements of both the City’s Municipal Code and state legislation regarding the provision of affordable housing as a part of the project have reduced the anticipated profit margin. The Committee’s intent was to maximize the benefit to the City while avoiding crossing a line which would make the project economically infeasible for the developer to build. This understanding and the subsequent balancing of needs and benefits was greatly advanced by the work of the Kosmont Company.
The Development Agreement provides benefits to the City and protections to the Developer that cannot be gained with any other process. The intent is to allow the City and the Developer to agree to certain terms which would not be able to be had otherwise. The benefits of the Development Agreement to the Developer include the residential density and building height allowances as described above, as well as the extended permit lifespan of seven years without the need to request extensions. The benefits of the Development Agreement to the City include the ability to incentivize the development of a prominent project along the Avenue of Flags while simultaneously collecting funds that can be used for additional improvements to the Avenue, including its medians.
This will help to achieve the ultimate goal of revitalizing the Avenue, which has been identified as an important resource for the City’s economy and overall identity.
CONDITIONS OF APPROVAL
The project is subject to several conditions of approval. These include:
General Provisions (Standard City Conditions);
Engineering Conditions;
Planning Conditions;
Fire Department Conditions;
County of Santa Barbara Department of Building and Safety Conditions; and Finance Department Conditions
The complete list of conditions is included within City Council Resolution No. 22-07.
Resolution No. 22-07 Page 19 March 24, 2022
Ordinance No. 22-05
RECOMMENDATION
That the City Council conduct a public hearing and discuss both Resolution No. 22-07 and Ordinance No. 22-05 and consider approval of Resolution No. 22-07 and the introduction and first reading of Ordinance No. 22-05 as listed below:
Resolution No. 22-07 - “A Resolution of the City Council of the City of Buellton, California, Approving a Final Development Plan (21-FDP-05) for the 518 Avenue of Flags – Mixed Use Development Project Located at 518 Avenue of Flags, Assessor’s Parcel Number 137-170-006” Ordinance No. 22-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving a Development Agreement (21-DA-01) for the 518 Avenue of Flags – Mixed-Use Development Project Located at 518 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” (Introduction and First Reading)
ATTACHMENTS
Resolution No. 22-07
Ordinance No. 22-05 (Exhibit A – Development Agreement) Attachment 1: Vicinity Map
Attachment 2: 100-Year Flood Zone Map
Attachment 3: Applicant’s Project Description
Attachment 4: Revised Project Plans, received December 22, 2021 and updated February 10, 2022, consisting of Site Plan, Floor Plans, Color Exterior Elevations, Color & Materials Images; Landscape Plans, Grading Plan, Color 3D Illustrations, Conceptual Lighting Plan, Additional Detail Sheets
Attachment 5: Conceptual Signage Plan, (Received January 20, 2022) Attachment 6: Photos of Story Poles (Installed January 16, 2022) Attachment 7: Summary of Proposed Conceptual DOR Terms
Attachment 8: Design Review Comments dated October 15, 2021 Attachment 9: Marborg Letter dated December 10, 2021
Attachment 10: Building Department comments (revised) dated February 11, 2022 Attachment 11: Fire Department Comments dated November 2, 2021 Attachment 12: Traffic & Parking Study dated January 27, 2022 Attachment 13: Planning Commission Staff Report dated March 3, 2022 Attachment 14: Planning Commission Resolution No. 22-02 (recommending approval of Project with conditions of approval)
ORDINANCE NO. 22-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BUELLTON, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT (21-DA-01) FOR THE 518
AVENUE OF FLAGS – MIXED-USE DEVELOPMENT
PROJECT LOCATED AT 518 AVENUE OF FLAGS AND
AUTHORIZING EXECUTION OF THE AGREEMENT BY
THE CITY MANAGER
WHEREAS, The 518, LLC, (the “Developer”) submitted an application to the City of Buellton requesting approval of a development agreement (21-DA-01) for the 518 Avenue of Flags – Mixed Use Development project, located at 518 Avenue of Flags; and WHEREAS, collectively, 21-DA-01 and Final Development Plan 21-FDP-05 constitute the “Project”; and
WHEREAS, the Project is proposed to be located on a roughly 1.22 acre site bounded by Second Street and the recently entitled Creekside Village Mixed-Use Development to the south, Avenue Heights Apartments to the east, San Marcos Motel to the north, and Avenue of Flags to the west (the “Project Site”); and
WHEREAS, the Project Site is located within the Avenue of Flags Specific Plan (“Specific Plan) area, which Specific Plan was adopted concurrently with a Mitigated Negative Declaration (“MND”) prepared pursuant to the California Environmental Quality Act (“CEQA”) that comprehensively studied the growth and impacts of the Specific Plan including but not limited to the impacts anticipated by all uses proposed as part of the Project; and WHEREAS, the Project Site has an existing entitlement for Final Development Plan (17- FDP-03) for a mixed-use development, which was approved in 2019 on behalf of the previous Property Owner Kamran Amiri (“Owner”); and
WHEREAS, the current Developer has filed the subject application (21-FDP-05) for new development entitlements, and related Development Agreement (21-DA-01), with a different project description than the previously approved 17-FDP-03; and WHEREAS, upon City Council approval of 21-FDP-05 and 21-DA-01, the existing entitlement approval for Final Development Plan 17-FDP-03 shall be terminated; and WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Santa Ynez Valley News on March 10, 2022; and
Ordinance No. 22-05 Page 2 March 24, 2022
WHEREAS, the Planning Commission held a public hearing on the Project at its regular meeting of March 3, 2022 and considered the substance of 21-DA-01 along with the other aspects of the Project and did recommend approval of the Project to the City Council; and WHEREAS, the City Council held a public hearing at its regular meeting of March 24, 2022, to consider the Project, including 21-DA-01 and considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project and studied the compatibility of this request with adjacent land uses; and WHEREAS, the City found that the Project is consistent with the MND prepared for the Specific Plan and therefore no additional review under CEQA is necessary for the Project.
NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Buellton:
Section 1
Based on the project materials, the staff report and all attachments, written and oral testimony and comments and all other information presented, hereby finds that with respect to Buellton Municipal Code Section 19.08.130:
1. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the Zoning Code of the City of Buellton, in the City’s General Plan, and in the Specific Plan.
The proposed development agreement is consistent with the objectives, policies, general land uses, and programs set forth in the Buellton General Plan and the Specific Plan, including:
a. The economic development tool, “Development Opportunity Reserve”, included in the Avenue of Flags Specific Plan to incentivize property owners to provide a public good in return to receive some benefit or reduction in standards as part of their development.
b. The Land Use element of the General Plan which identifies the Avenue of Flags as an area that requires special consideration, and includes policy direction that guides future development in the area with a focus a variety of land uses, including mixed use development with the goal to revitalize the Avenue of Flags as an identifiable downtown and place for visitors and residents alike.
c. The Economic Development Element of the General Plan which includes a goal to continue to support and encourage economic revitalization of the Avenue of Flags commercial corridor and where appropriate, encourages that incentives are used to encourage and assist the private sector to maintain and revitalize this area.
d. The Guiding Principles listed in the Avenue of Flags Specific Plan, including to create a unique business and residential attraction for Buellton and the surrounding area within the Santa Ynez Valley (1.1),
Ordinance No. 22-05 Page 3 March 24, 2022
base the future development pattern on a form-based code based on economic opportunity, parcel location and size, rather than on a traditional zoning code that separates land uses and establishes rigid standards that may not be achievable (2.1), and provide for mixed-use area including retail, housing, public buildings, and opportunities for public events (3.1).
Section 2
Based on the project materials, the staff report and all attachments, written and oral testimony and comments and all other information presented, hereby additionally finds:
1. The development agreement will not be detrimental to the health, safety and general welfare of the residents of the City.
As set forth above, the development agreement, along with the remainder of the Project, is consistent with the MND prepared to guide the implementation of the Specific Plan. The MND is incorporated by reference as the basis for the City Council’s finding that the development agreement will not be detrimental to the health, safety and general welfare of the residents of the City.
2. The development agreement will not adversely affect the orderly development of property or the preservation of property values.
The development agreement will not adversely affect the orderly development of property or the preservation of property values insomuch as it will allow for the development of the Project Site consistent with the Specific Plan and in furtherance of the Specific Plan’s goal to create a vibrant downtown core with a thriving mix of land uses and public activity.
3. The development agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The development agreement is consistent with the identified provisions of the Government Code in that, among other things, it is being entered into between the City and the entity holding legal title to the Project Site (Government Code Section 65865); it includes provisions for annual review of the agreement (Government Code Section 65865.1); it specifies the agreement’s duration, permitted uses of the property, density, provisions for dedication of land for public purposes (Government Code Section 65865.2); and its substance has been or will be considered at public hearings of both the Planning Commission and City Council prior to final action (Government Code Section 65867).
Ordinance No. 22-05 Page 4 March 24, 2022
Section 3
Hereby approves and authorizes the City Manager to execute the Development Agreement (21-DA-01) in the form attached hereto as Exhibit ‘A’ and made a part of this ordinance.
Section 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
Section 5
The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this _____ day of April, 2022. _______________________________
Holly Sierra
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk
(Exhibit A – Development Agreement – 21-DA-01)
Recording Requested By
And When Recorded Return to:
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code § 6103
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF BUELLTON AND THE 518, LLC
ORDINANCE # 22-05, EFFECTIVE [___________], 2022
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE 65868.5
DEVELOPMENT AGREEMENT
This Development Agreement (the “Agreement”) is made and entered into by and among the CITY OF BUELLTON, a municipal corporation (referred to hereinafter as “City”) and THE 518, LLC, a California limited liability company (referred to hereinafter as “Developer”). City and Developer are referred to hereinafter individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties:
1.1 Pursuant to Government Code section 65864 et seq. and Buellton Municipal Code § 19.08.130, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property for the development of such property, to establish certainty in the development process.
1.2 Developer is owner in fee simple of certain real property in the City of Buellton, consisting of approximately 1.22 acres bounded by Second Street and the recently entitled Creekside Village Mixed-Use Development to the south, Avenue Heights Apartments to the east, San Marcos Motel to the north, and Avenue of Flags to the west, as more specifically described by the legal description set forth in Exhibit “1-A” and as depicted in the Site Plan set forth in Exhibit “1-B,” which exhibits are attached hereto and incorporated herein by this reference (the “Property”).
1.3 Developer has prepared a plan for development of the Property (the “Development Plan”) a copy of which is attached hereto as Exhibit “2” and incorporated herein by reference.
1.4 Final Development Plan 21-FDP-05 (“Final Development Plan”), and California Environmental Quality Act (“CEQA”) review have been issued for the Property and were recommended by the Planning Commission on March 3, 2022 for approval by the City Council; the City Council approval occurred on March 24, 2022. Development of the Property, as contemplated in this Agreement, shall be consistent with the Final Development Plan and conditions associated therewith. Collectively, the Final Development Plan, and CEQA review shall be referred to herein as the “Prior Approvals.”
1.5 By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Prior Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. The Parties acknowledge that development of the Property is dependent on the availability of adequate funding, market conditions and the subjective judgment of Developer. Developer will engage in a good faith effort to raise adequate funds for said development.
1.6 By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Prior Approvals and this Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Prior Approvals and this Agreement and to provide all of the public benefits and improvements specified in this Agreement.
1.7 City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City.
1.8 On March 3, 2022, the Planning Commission of City commenced a duly noticed public hearing on the substantive terms of this Agreement and at the conclusion of the hearing recommended approval of this Agreement.
1.9 On March 24, 2022, the City Council of City ("City Council") commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing approved this Agreement by Ordinance No. 20-05 ("the Enabling Ordinance").
2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The contemplated development of the Property in accordance with this Agreement and the Prior Approvals may be referred to hereinafter as the “Project”. The Property shall be deemed “Complete” or “Completed” (as such terms are used herein) when the Property has been fully developed in accordance with the Prior Approvals and this Agreement and when a certificate of occupancy has been issued with respect to the improvements on the Property.
3. Binding Effect; Assignment. Subject to the terms of this Agreement, including, without limitation Section 19 below, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, each Party and each successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any portion of the Project that has been fully developed in accordance with the Prior Approvals and this Agreement. Notwithstanding the above, Developer shall not transfer the Property or any portion thereof without the approval of the City Planning Director, after taking into consideration that there are events beyond the Developer's control as stated in Paragraphs
1.5 and 1.6; and provided, however, that such approval shall not be unreasonably withheld, conditioned or delayed. For purposes of the foregoing, it shall be deemed reasonable to withhold or condition approval only for one or more of the following reasons: (i) the proposed transferee is not reasonably qualified to be substituted as the developer of the Project (or applicable portion thereof) in place of Developer; (ii) the proposed transferee is subject to a bankruptcy or similar proceeding; (iii) the proposed transferee is then currently under indictment for a criminal violation. The decision by the Planning Director may be appealed to the City Council. Notwithstanding the above, notice to the City but not City approval shall be required for (1) any transfer of all or any portion of the Property to entities affiliated with, or controlled by or under common control of, either Developer or any of its
partners, members or principals, or (2) any lease or sale of a unit (or later-subdivided lot) within the Project that has been Completed. Notwithstanding the foregoing or anything to the contrary herein, Developer shall have the absolute and unconditional right, at any time and from time to time, without the consent of City, to execute and deliver any deed of trust or mortgage of record in favor of a Financier (as defined below), and the exercise of any remedies under such deed of trust or mortgage of record by a Financier (including, without limitation, foreclosure or deed or other transfer in lieu of foreclosure) shall not be subject to City’s consent. City shall, within thirty (30) days after the written request of Developer or any proposed transferee, acknowledge in writing that a proposed transfer of this Agreement by Developer is approved or disapproved by City (and if disapproved, City shall provide an explanation as to the basis for such disapproval). If City fails to provide its approval or disapproval within such thirty (30) day period, then Developer may submit a second request to City of such transferee clearly stating that it is the second and final request, and if City fails to respond to said second request within a fifteen (15) day timeframe, such request shall be deemed approved by City. With regard to any transfer authorized hereunder:
3.1 Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which Developer has a legal interest and which is not Completed is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to this Agreement is contained in the instrument by which such person acquired such right, title or interest.
3.2 Release Upon Transfer. Upon the sale or transfer of Developer's interest in the whole of the Property, except as otherwise provided herein, and in addition to the rights granted to Developer under Section 19 hereof, Developer shall be released from its obligations subsequent to the effective date of the sale or transfer, provided that Developer (i) was not in breach of this Agreement at the time of the sale or transfer, (ii) such sale or transfer is authorized/approved per section 3, and (iii) prior to or concurrently with the sale or transfer, delivers to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement. In the event of a sale or transfer of a part of the Property prior to Completion, such assumption agreement shall also identify those infrastructure and maintenance obligations associated with the part transferred and those associated with the part not transferred.
4. Development of the Property. The following provisions shall govern the development and use of the Property.
4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are authorized by City zoning code, Prior Approvals and as otherwise set forth in this Agreement, including, but not limited to, a mixed use development with up to 48 total residential units, 5,511 square feet of general commercial space, and parking.
4.2 Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings,
that shall be applicable to the Property are set forth in the Prior Approvals and this Agreement. Notwithstanding the foregoing, the Project is relieved from the following development standards to the extent described herein and in consideration for the public benefits described herein:
(a) Density. The Property may be developed with up to 48 residential units, for a residential density of up to 39 dwelling units per acre. (b) Building Height. The Property may be developed with a maximum building height of 41 feet. Maximum building height shall be calculated using the method found in Buellton Municipal Code Section 19.04.110. For the purposes of building height exceptions per BMC Section 19.04.110 B, the following structures shall be considered architectural features and may be up to 50 feet in height: solar equipment, HVAC, mechanical equipment, AC condensers, elevators and stair housings, decorative towers, flagpoles, and other similar equipment and structures.
4.3 Building Standards. Each instance of permitted construction activity on the Property shall adhere to any federal or state building requirements, municipal building codes and/or regulations (collectively "the Building Codes") in effect at the time of the earlier of the plan check approval or permit approval for each said instance of construction activity.
4.4 Reservations and Dedications. All reservations and dedications of land for public purposes, if any, applicable to the Property are set forth in the Prior Approvals and this Agreement.
5. 4.5 Compliance with Affordable Housing Standards. An Affordable Housing Agreement between the Parties, meeting the provisions of Buellton Municipal Code Section 19.16.040, or other requirements as may be deemed acceptable to the City Council, shall be approved by the City Council and executed prior to Zoning Clearance for Final Development Plan No. 21-FDP-05. Building Permits shall not be issued until such Agreement is recorded against the property.Vesting of Development Rights.
5.1 Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later-adopted initiative restricting the rate of development to prevail against the parties’ agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, except as otherwise specifically set forth herein, to develop improvements set forth in the Development Plan at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment.
In furtherance of the Parties' intent, as set forth in this Section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by City Council or through the initiative or referendum process, shall apply to the Property or the Project. This Agreement will bind City to the terms and obligations specified in this Agreement and will
limit, to the degree specified in this Agreement and under state law, the future exercise of City’s ability to regulate development of the Project. However, nothing in this Section shall be construed to limit City's right to ensure that Developer timely provides all infrastructure required by the Prior Approvals and this Agreement, if any.
5.2 Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively “the Subsequent Approvals”; individually “a Subsequent Approval”) shall be consistent with the Prior Approvals and this Agreement, except as to where compliance with Prior Approvals and/or this Agreement would violate state and/or federal law in existence at the time of the application for a Subsequent Approval. For purposes of this Agreement, Subsequent Approvals do not include building permits. Building permits shall be issued pursuant to the provisions of Section 4.3, supra.
Subsequent Approvals shall be governed by the Prior Approvals and by the applicable provisions of the Buellton General Plan, the Buellton Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws"), except City Laws that:
(a) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the square footage or number or location of proposed buildings or other improvements from what is allowed by the Prior Approvals; (b) limit or control the rate, timing, or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Development Plan to serve the portion of the Property covered by the Subsequent Approval, is in place or is scheduled to be in place prior to completion of construction;
(c) are not uniformly applied on a City-wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (d) modify the land use from what is permitted by the General Plan Land Use Element at the operative date of this Agreement or that prohibit or restrict the establishment or expansion of urban services to the Project; and/or (e) seek to impose building standards contrary to those set forth in Section 4.3.
Developer retains the rights to legally challenge the Subsequent Approvals to the extent they are not consistent with the provisions of Section 5.2. Prior to commencing any court action, any decision made by the Planning Director shall be appealed to City’s
Planning Commission and any decision made by City’s Planning Commission shall be appealed to City Council.
5.3 Term of Prior Approvals. Notwithstanding any construction, financing or planning that Developer may undertake pursuant to the Prior Approvals or this Agreement, the term of the approved Prior Approvals, or any portion thereof, shall expire at midnight on _____________________, 2029 (as the same may be extended in accordance with the terms of this Agreement, including, without limitation, Sections 5.7, 5.8 and 10(a) through 10(i) herein, but the Parties hereby agree that no legislative approvals purported to extend the term of the Prior Approvals shall apply to extend the Prior Approvals) or upon the expiration or earlier termination of this Agreement, whichever occurs first, for any improvement for which Developer has not obtained a building permit. If and to the extent that Developer has not obtained a building permit for any improvements contemplated by the Prior Approvals at the time of expiration set forth herein, such Prior Approvals for such improvements and Developer’s right to develop such improvements under this Agreement shall expire. Post-expiration, Developer shall be required to submit any remaining development on the Property to City for review as though the remaining development were a completely new project.
5.4 Term of Subsequent Approvals. The term of any Subsequent Approval involving a limited duration of time shall be two years or as later may be specified in the Subsequent Approval; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of Developer holding the Subsequent Approval filed with City's Planning Department prior to the expiration of that Subsequent Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and Developer broke ground within six months of said issuance, any required foundation for that phase received final inspection by City's Building Inspector within nine months of breaking ground, and Developer began construction of the non-foundational improvements within six months of the foundation final inspection, or prior to the expiration of that Subsequent Approval, whichever comes first.
It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire.
5.5 Modification of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this Section, to apply to the Planning Director (the “Director”) for minor modifications to the Prior Approvals and Subsequent Approvals. Minor modifications to the Prior Approvals and Subsequent Approvals shall include any changes that are consistent with the overall intent of the Prior Approvals and which do not materially alter the overall nature, scope, or design of the Project. Minor modifications shall additionally include those items designated as "minor" under Section 19.08.110 of the Buellton Municipal Code and any regulations promulgated pursuant thereto, any modification that incorporates any higher safety standard adopted by changes to the Building Codes after
any permit issuance, and/or any modification of the order or timing of any infrastructure improvement(s). In effecting these modifications, the City shall fully cooperate with the Developer, provided that the total density and intensity of the Project are not increased.
The approval or conditional approval of any such minor modification shall not be deemed an amendment to this Agreement under Government Code Section 65868 and unless otherwise required by law shall not require the approval of any other person other than the Director, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. The following matters shall not be considered minor modifications, but shall be considered substantive amendments which shall be reviewed by the Planning Commission and shall require City Council approval:
(a) Addition of permitted uses not substantially similar to those identified in the Prior Approvals, unless such uses are otherwise permitted by right under the applicable provisions of the zoning code;
(b) Increase of the density or intensity of use of the Property; (c) Increase of the maximum height and size in permitted buildings; (d) Reduction of any required dedication;
(e) Reduction of parking that would result in a number of spaces less than 100% of the required parking, per the provisions of the Avenue of Flags Specific Plan and Buellton Municipal Code Chapter 19.04;
(f) Any amendment or change requiring a subsequent or supplemental CEQA review that has the potential to modify or waive an environmental mitigation measure.
5.6 Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from Developer if all infrastructure required to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Prior Approvals, Subsequent Approvals and this Agreement have been satisfied.
5.7 Moratorium on Development. Nothing in this Agreement shall prevent City, whether by City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City-wide basis to all substantially similar types of development projects and/or properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. The term of this Agreement and the Prior Approvals shall be extended by the duration of any such moratorium (e.g. the term shall be extended by twelve months, in the event of a twelve month moratorium).
5.8 Delays Due to Litigation. The term of this Agreement and the Prior Approvals shall be extended by the duration of any restriction placed on City or Developer by litigation brought by a third party attacking the validity of this Agreement, a Prior Approval, a Subsequent Approval or any other action necessary for development of the Project, provided such litigation is not initiated as a means to extend the rights under this Agreement. Notice of the commencement of litigation shall be provided to the other party to this Agreement within sixty (60) days of service of any summons or complaint on City or Developer.
6. Developer Agreements.
6.1 Developer shall develop the Property consistent with (i) this Agreement, (ii) the Prior Approvals, (iii) the onsite and offsite improvements to be made to the Property, and (iv) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. The parties acknowledged that development of the Property is dependent on the availability of adequate funding, market conditions and the subjective judgment of Developer. Developer will engage in a good faith effort to raise adequate funds. However, Developer is not obligated to build any improvements or any phase or portion thereof if adequate funding is not available or if market conditions are not satisfactory to Developer in its sole discretion; provided, however, that for any phase or portion thereof constructed, Developer shall be required to comply with any requirements imposed by City and accepted by Developer during the Building plan check process, as well as any associated infrastructure improvements required by this Agreement, the Prior Approvals and any Subsequent Approvals.
6.2 In connection with development of the Property, Developer agrees to pay any and all applicable City development and processing fees at the rate and amount in effect at the time the fee is required to be paid. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties.
6.3 Anticipated Development Timeline
Notwithstanding the term of the Prior Approvals set forth in Section 5.3 and fully understanding that this Agreement was entered into in order to provide Developer flexibility in the timing of development as well as certain other benefits enumerated herein, Developer anticipates undertaking the Project with the following timeline:
(a) Submit building plans for approval by the County of Santa Barbara within twenty-four (24) months of execution of this Agreement. (b) Commence construction within thirty-six (36) months of execution of this Agreement.
(c) Complete construction within fifty-four (54) months of execution of this Agreement.
6.4 Public Benefit Fund.
(a) Developer agrees that the benefits accruing to the Project and the Property by and through this agreement are considerable and Developer agrees to pay a total of Two Hundred Thousand Dollars ($200,000) to the City to be held in a separate fund to be administered by the City Manager and Finance Director (“Public Benefit Fund”).
The Parties agree that payments shall be remitted on the following schedule:
(i) On or before the earlier of the two-year anniversary date of the execution of this Agreement or the submitting of building plans for approval to the County of Santa Barbara, Developer shall remit the amount of Forty Thousand Dollars ($40,000) to the City ;
(ii) On or before the three-year anniversary date of the execution of this Agreement, Developer shall remit the amount of Forty Thousand Dollars ($40,000) to the City;
(iii) On or before the four-year anniversary date of the execution of this Agreement, Developer shall remit the amount of Forty Thousand Dollars ($40,000) to the City;
(iv) On or before the five-year anniversary date of the execution of this Agreement, Developer shall remit the amount of Forty Thousand Dollars ($40,000) to the City;
(v) On or before the six-year anniversary date of the execution of this Agreement, Developer shall remit the amount of Forty Thousand Dollars ($40,000) to the City;
(b) Developer acknowledges and agrees that each of the five annual payments shall count as a partial credit toward the full obligation of Two Hundred Thousand Dollars ($200,000) and that each payment shall be nonrefundable immediately upon being made.
(c) Notwithstanding the foregoing, Developer acknowledges and agrees that the full amount of Two Hundred Thousand Dollars ($200,000) must be received by the City prior to issuance of Building Permits for the Project and such remittance shall serve as a condition precedent to the issuance of the Building Permits. (d) The Parties agree that if this Agreement is terminated for any reason prior to the conclusion of and occupancy of the Project, the City may in its sole discretion remove some or all of the funds from the Public Benefit Fund and transferred to the City’s general fund.
(e) The Parties agree that Developer may propose an actual public benefit to be approved by the City in lieu of deposits to the Public Benefit Fund and that the City may agree to Developer constructing or providing an actual public benefit at any time prior to issuance of a Certificate of Occupancy for the Project by amendment to this Agreement.
7. City Agreements.
7.1 Processing. City shall timely process all plan checking, excavation, grading, building, encroachment and street improvement permits, certificates of occupancy, utility connection authorizations, and other ministerial permits or approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Project.
7.2 Consistency Determinations. Notwithstanding any provision of the Buellton Municipal Code or City policy to the contrary, for each improvement to be constructed on the Property, prior to issuance of any grading or building permit for the improvement, staff shall first review such for consistency with the Prior Approvals and this Agreement.
8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by City Council prevents or precludes compliance with any provision of this Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. Developer retains the right to terminate this Agreement without penalty if it disagrees with City’s determination to modify or suspend any provision of this Agreement pursuant to this Section 8.
9. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developer with the provisions of this Agreement, this Agreement shall be reviewed annually by City and Developer shall be required to demonstrate good faith compliance with the terms of this Agreement at the time of such review. Noncompliance shall be deemed a default of this Agreement. City shall notify Developer of any such default and give Developer an opportunity to cure such default as set forth in Section 11 of this Agreement. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City; diminish, impede, or abrogate the obligations of Developer hereunder; or render this Agreement invalid or void.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Party within sixty (60) days of commencement of the delay. Such Excusable Delay shall extend the term of the Agreement as noted in Section 5.3 for the duration of the Excusable Delay. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (h) delay caused by a restriction imposed or mandated by a governmental entity other than City; (i) or litigation brought by a third party attacking the validity of this
Agreement, a Prior Approval, a Subsequent Approval or any other action necessary for development of the Property.
11. Provisions Regarding Defaults.
11.1 Default by Developer. Developer shall be deemed to have breached this Agreement if it:
(a) practices, or attempts to practice, any fraud or deceit upon City; or (b) willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer and Developer fails to adhere to said final adjudication; or
(c) fails to make any payments required under this Agreement and the same is not cured within five (5) days of receiving written notice of default from City to Developer; or
(d) materially breaches any of the provisions of this Agreement and the same is not cured within the time set forth in a written notice of default from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter.
11.2 Default by City. City shall be deemed in breach of this Agreement if it materially breaches any of the provisions of this Agreement and the same is not cured within the time set forth in a written notice of default from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter.
11.3 Content of Notice of Default. Every notice of default shall state with specificity that it is given pursuant to this Section of this Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. The notice shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof.
11.4 Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by either Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural and/or original condition once implementation of this Agreement has begun. Therefore, the Parties agree that the remedies for breach of this Agreement shall be limited to
termination of this Agreement, injunctive relief, specific performance and/or indemnity pursuant to Section 16. Either party may terminate this Agreement by giving written notice thereof if the other party fails to cure a default after notice and an opportunity to cure.
Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against Developer if it violates any City ordinance or state statute, which violation is not excused by the terms of this Agreement.
11.5 Effect of Partial Developer Breach. Notwithstanding anything to the contrary in this Agreement, but subject to the terms of Section 3 hereof, in the event that (i) Developer or any of its successors assigns some, but not all, of its rights under this Agreement in connection with a sale of some, but not all, of the Property, and (ii) thereafter Developer or one or more of its successors in interest under this Agreement is in default under this Agreement and either Developer or one or more of its successors in interest under this Agreement is not in default hereunder, then any remedy City may have the right to take under this Agreement, including, without limitation, the right of termination or modification of this Agreement, shall only apply to the Party(ies) that is (are) in default and the portion(s) of the Property owned by such Party(ies) and shall not apply to Developer or any successor and/or assignee of Developer under this Agreement that is not in default hereunder.
12. Mortgage Protection. At the same time that City gives notice to Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest (“Financier”), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this Section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit.
Each Financier that has given prior notice to City pursuant to this Section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein.
Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise.
13. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not
been amended, or if amended, the identity of each amendment, (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. Failure of the Party receiving the request to timely execute and deliver such estoppel certificate shall constitute an acknowledgment by the Party receiving the request that the requesting Party is not in breach of the agreement and that any such related statements in the request are true and correct. City acknowledges that a certificate may be relied upon by successors in interest to Developer who requested the certificate and by a Financier and other potential holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest.
14. Administration of Agreement. Any obligation or right of the City set forth herein may be exercised or undertaken by the City Manager, unless otherwise required by City Municipal Code or this Agreement to be exercised by another person or body of the City.
Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by Developer to the Planning Commission, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer personally receives notice of the staff decision. The Planning Commission shall render its decision to affirm, reverse or modify the staff decision within sixty (60) days after the appeal was filed. Any decision of the Planning Commission may be appealed to City Council, with the same schedule and deadlines. Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this Section.
15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Ordinance No. 20-07 of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part by mutual consent of City and Developer.
16. Indemnification. Developer shall indemnify, defend with counsel reasonably approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, Developer's performance pursuant to this Agreement.
Developer shall indemnify, defend with counsel reasonably approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or any provision thereof; arising out of or in any way relating to the Project, any discretionary approvals granted by City related to the development of the Project, or the environmental review conducted under California Environmental Quality Act, Public Resources Code Section 21000 et seq., for the Project; excepting the foregoing any action by Developer against City for breach of this Agreement pursuant to Section 11.2 of this Agreement. Developer retains the right to withdraw from any such action or proceeding and terminate this Agreement without penalty. Upon such withdrawal and termination, Developer’s obligation to indemnify, defend with counsel reasonably approved by City, and hold harmless City and its officers, employees and agents shall terminate without penalty, provided any pending action or claim is also dismissed or terminated and City’s costs incurred to that point are
paid. If City elects to continue to participate in any action or claim after Developer has elected to withdraw and terminate, Developer shall have no obligation for costs and liabilities incurred and accruing after such date of withdrawal and termination.
City shall indemnify, defend with counsel reasonably approved by Developer, and hold harmless Developer and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, City’s failure to perform pursuant to the terms of this Agreement.
17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element.
18. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect until the earliest to occur of: (i) the date set forth in Section 5.3 herein, (ii) the Property has achieved Completion, or (iii) this Agreement is sooner terminated as otherwise provided herein.
Upon the Completion of all or any portion of the Project, this Agreement shall automatically terminate with respect to, and the City shall release Developer from, further obligations under this Agreement relating to such portion of the Property, which termination and release shall be self-executing and shall not require the execution or recordation of any further document or instrument by either Party.
Without limiting the foregoing, upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws.
20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered (including by means of professional messenger service or reputable overnight air express service utilizing receipts [e.g., United States Postal Service and Federal Express]), or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth below:
City:
City of Buellton
PO Box 1819
107 W. Highway 246
Buellton, California 93427
Attn: City Manager
and
Owner:
The 518, LLC
26500 Agoura Road
Suite 102-316
Calabasas, California 91302
Attention: Mannbayar, LLC, Manager, Brandon Mann
Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Santa Barbara by the City Clerk of City within ten days of its approval. City shall provide Developer with a copy of the recorded Agreement once it has been returned by the County.
27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be reasonably necessary to carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the various Sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of this Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Prior Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail.
29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared this Agreement or caused it to be prepared.
30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Santa Barbara, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Santa Barbara.
31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. [Remainder of Page Intentionally Blank; Signature Pages Follow]
IN WITNESS WHEREOF, Developer and City of Buellton have executed this Development Agreement on the date first above written.
OWNER:
THE 518, LLC,
a California limited liability company
By: MannBayar, LLC,
a California limited liability company
its Manager
By: _____________________________
Brandon Mann
Manager
CITY OF BUELLTON:
By:___________________________
Holly Sierra, Mayor
ATTEST
______________________________
Linda Reid, City Clerk
APPROVED AS TO FORM:
______________________________
Gregory M. Murphy, City Attorney
Exhibit 1-A
Property Legal Description
The land referred to herein is situated in the State of California, County of Santa Barbara and described as follows:
THAT PORTION OF THAT CERTAIN 445 ACRE TRACT OF LAND MARKED "EMILY BUELL", AS SHOWN UPON MAP OF DIVISION OF R. T. BUELL RANCH,
BEING A PORTION OF RANCHO SAN CARLOS DE JONATA IN THE CITY OF
BUELLTON, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, FILED IN BOOK 11 AT PAGE 165 OF MAPS AND SURVEYS, RECORDS OF SAID SANTA BARBARA COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 1/2 INCH PIPE OF THE SOUTHEASTERLY LINE OF
THE NEW STATE HIGHWAY RIGHT OF WAY AS IT NOW EXISTS, BEING ALSO
THE MOST WESTERLY CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO JAMES PEKAR, ET UX., RECORDED MARCH 26, 1953 IN BOOK 1140, AT PAGE 262 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 4948; THENCE ALONG THE SOUTHWESTERLY LINE OF THE PEKAR TRACT, SOUTH 62° 17' EAST 265 FEET TO FOUND 1/2 INCH SURVEY PIPE ON THE MOST SOUTHERLY CORNER OF SAID TRACT; THENCE SOUTH 27° 43' WEST 200.08 FOOT TO A SET 1/2 INCH SURVEY PIPE ON THE NORTHEASTERLY LINE OF A 60 FOOT ROAD EASEMENT AS GRANTED TO LEON A. ROESER, BY DEED RECORDED MAY 5, 1949 IN BOOK 852 AT PAGE 73 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 5561; THENCE ALONG THE NORTHEASTERLY LINE OF SAID EASEMENT, NORTH 62° 17' WEST 265 FEET TO A SET 1/2 INCH SURVEY PIPE ON THE
SOUTHEASTERLY LINE OF THE NEW STATE HIGHWAY RIGHT OF WAY AS IT NOW EXISTS; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 27° 43' EAST 200.08 FEET TO THE POINT OF BEGINNING.
THE LAND HEREIN DESCRIBED IS SHOWN ON A MAP OF SURVEY FILED IN BOOK 36, PAGE 10 OF RECORD OF SURVEYS.
APN: 137-170-006
(End of Legal Description)
Exhibit 1-B
Existing Site Plan
(Attached)
Exhibit 2
[Development Plan]
(Attached)
RESOLUTION NO. 22-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUELLTON, CALIFORNIA, APPROVING A FINAL
DEVELOPMENT PLAN (21-FDP-05) FOR THE 518 AVENUE OF
FLAGS – MIXED USE DEVELOPMENT PROJECT LOCATED AT
518 AVENUE OF FLAGS, ASSESSOR’S PARCEL NUMBER 137-
170-006
BE IT RESOLVED by the City Council of the City of Buellton as follows:
SECTION 1: Pursuant to the Zoning Ordinance of the City of Buellton, an application has been filed by The 518 LLC, hereinafter referred to as “Applicant”, requesting approval to develop a mixed-use project on 1.22 acres of vacant land located at 518 Avenue of Flags, on the north-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-006 (the “Site”). The Site is located within the boundaries of the Avenue of Flags (AOF) Specific Plan; the underlying zoning is CR (General Commercial) zone with a General Plan land use designation of General Commercial.
SECTION 2: The proposed project consists of:
Final Development Plan (21-FDP-05) for the construction of two separate commercial and residential mixed-use building with corner courtyard and parking. The mixed-use development consists of 5,511 square feet of ground floor commercial space in Building #1, situated along the Avenue of Flags frontage; and 48 multi-family residential units located above the commercial space in Building #1 and also in a separate building complex, Building #2, which is located along the Second Street frontage of the property. The project includes eight (8) affordable units; ground level parking with 98 spaces, both outdoor and indoor via a parking garage in Building #2 under the residential units. Amenities include: outdoor common areas (Building #1 ground level Town Plaza corner courtyard, Building #2 courtyard/outdoor living space with shared BBQ and seating, 8 roof decks, pedestrian “amenity bridge” that connects the two buildings and provides views of the surrounding area); indoor common areas (gym/yoga/lounge areas and banquet room); private outdoor decks for 43 of the 48 dwelling unit; two elevators; mail, laundry and bicycle storage rooms for residents. Located on a 1.22 acre parcel at the northeast corner of Avenue of Flags and Second Street, the proposed new buildings will be an average of 41 feet in height with tower elements extending to approximately 46 feet. Architectural style is Art Deco, consistent with the AOF Specific Plan and with applicable Community Design Guidelines.
The following development plan modifications are required:
1. Building Façade Height Setback modification to allow for an average of 33% of the building façade heights at portions of the property lines to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30- foot height level as set forth in the Avenue of Flags Specific Plan.
2. Tandem Parking modification to allow for tandem parking garages, each with 2 vehicle spaces that are located one in front of the other, to be provided for the
Resolution No. 22-07 Page 2 March 24, 2022
residents of the proposed 19 two-bedroom units, whereby 38 parking spaces would be in the tandem configuration.
SECTION 3: All proceedings having been duly taken as required by law, and upon review of the information provided in the staff report, consideration of the testimony given at the public hearing, as well as other pertinent information, the City Council finds the following:
A. Record. Prior to rendering a decision on the Project, the City Council considered the following:
1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the City Council on March 24, 2022 (“CC Public Hearing”).
2. All oral, written and visual materials presented in conjunction with that certain CC Public Hearing.
3. The following informational documents, which by reference, are incorporated herein:
a. The project file for 21-FDP-05 and the set of project plans date-stamped February 10, 2022
b. The staff report dated March 24, 2022.
B. Public Review On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in the Buellton Zoning Ordinance have been lawfully satisfied:
1. A notice of CC Public Hearing was published in a newspaper of general circulation on March 10, 2022 (the “CC Public Notice”), a minimum of 10 days in advance of the CC Public Hearing conducted on March 24, 2022.
2. The CC Public Notice was mailed to the Applicant, affected public agencies, persons owning property within 300 feet of the Project site and others known to be interested in the matter on March 10, 2022, a minimum of 10 days in advance of the CC Public Hearing.
3. The CC Public Notice was posted in two public locations on March 10, 2022, a minimum of 10 days in advance of the CC Public Hearing.
C. Environmental Review In accordance with the requirements of the California Environmental Quality Act, California Public Resources Code section 21000 et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15000 et seq., and the Environmental Impact Report Guidelines of the City of Buellton (collectively, “CEQA”), the proposed Project uses are consistent with and therefore were adequately addressed in the prior Mitigated Negative Declaration prepared for the Specific Plan pursuant to the California Environmental Quality Act.
Resolution No. 22-07 Page 3 March 24, 2022
Applicable mitigation measures have been included in the Project conditions of approval.
D. Consistency Declarations Based on (i) the evidence presented in the project file (incorporated herein by reference), (ii) consultations with affected City Departments, and (iii) testimony and comments received in connection with the PC Public Hearing, the Planning Commission does hereby declare as follows:
1. Final Development Plan (21-FDP-05)
a. Findings:
i. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and intensity of development proposed because the project site is appropriately designated for such uses under the City’s General Plan, the Avenue of Flags Specific Plan, zoning is consistent, and the proposed site improvements and conditions of approval allow for adequate circulation around and through the site.
ii. No adverse impacts have been identified with this project through the incorporation of conditions of approval.
iii. That streets and highways are adequate and properly designed pursuant to the requirements of the City Engineer and the traffic study.
iv. That there are adequate public services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the Project. The Public Works Department is able to provide water and sewerage service to the Project. The Building & Safety Division and the Fire Department have provided conditions of approval to address their concerns. The Sheriff’s Department has no concerns with the Project.
v. That the Project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will be compatible with the surrounding area. The mixed-use Project is consistent with the use intended for the site per the Avenue of Flags Specific Plan. The proposed three-story building is expected to be compatible with nearby existing and planned multi-story mixed-use, commercial and multi-family residential land uses. vi. That the project is in conformance with the applicable provisions of Title 19 of the Municipal Code and the General Plan. With imposition of the conditions of approval, the project complies with both the General Plan and Title 19 (Zoning).
Resolution No. 22-07 Page 4 March 24, 2022
vii. That the project will not conflict with any easements required for public access through, or use of, a portion of the property as none exist on this property.
viii. That the proposed development is in conformance with the Avenue of Flags Specific Plan, including the Art Deco architectural style as described in the Specific Plan and with applicable Community Design Guidelines as reviewed by the City’s contract architect.
2. Building Facade Height Setback Modification (Municipal Code Section
19.08.120 (G)
a. Findings:
i. The façade height setback modification will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding areas. The modification would allow for an average of 33% of the building façade heights at property line to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30-foot height level as set forth in the Avenue of Flags Specific Plan; 67% of the building facades are in compliance with the requirement. The proposed mixed-use development meets the overall goals and intent of the Specific Plan which envisions a landmark, signature corner-courtyard building at this prominent Town Plaza location at the core of Buellton’s downtown. The facade height setback deviation is warranted given the landmark nature and the creative Art Deco design of the building. The façade height deviations are located primarily along the Avenue of Flags street frontage, and to a lesser degree along the Second Street frontage, where sidewalks extend an additional 8 to 12 feet (respectively) beyond the property line and add, in effect, an additional setback to the building façade when viewed from the street and surrounding neighborhood. There is also a lesser façade height deviation along the northern property line is for Building #1, which has a relatively short depth of 51 feet, representing a 29% portion of the combined building frontages along that property line depth. This segment abuts the San Marcos Hotel property at a location that is currently a landscaped area and provides a visual buffer to the proposed Project. Along the remaining northern property line, Building #2 is setback 49 feet. The proposed development will serve to provide a potential economic stimulus for the downtown area, which will enhance the overall convenience and general welfare of the surrounding neighborhood.
ii. The proposed building façade heights and setbacks would not be incompatible with the surrounding area because the proposed
Resolution No. 22-07 Page 5 March 24, 2022
overall building heights are envisioned as part of the Avenue of Flags Specific Plan. A three-story mixed-use development has been entitled on the adjacent Town Plaza corner across 2nd Street to the south, and a 3-story multi-family residential project has been constructed on the immediately adjacent property to the east. Further north on the opposite side of Avenue of Flags and at a higher relative street grade, a 3-story mixed use building (Vintage Walk) has been constructed. The proposed building heights are comparable to or lower than the nearby Marriot Hotel on the opposite side of Highway 101 to the east.
iii. The proposed building facades conform with other applicable provisions of Title 19 (Zoning), with the Avenue of Flags Specific Plan and with the Community Design Guidelines.
3. Tandem Parking Modification (Municipal Code Section 19.08.120 (G) a. Findings:
i. The tandem parking modification will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding areas. The modification would allow for tandem parking garages, each with 2 vehicle spaces that are located one in front of the other, to be provided for the residents of the proposed 19 two-bedroom units whereby 38 spaces would be in the tandem configuration. The remaining 29 of the 48 total dwelling units, residential guests and the commercial uses are provided with 60 standard parking spaces. A total of 98 parking spaces are provided, which exceeds the code required parking of 96 spaces.
While the Specific Plan Form-Based Code is intended to allow for flexible interpretations of development standards, the tandem parking layout is not expressly allowed in the underlying CR Zone. However, tandem parking is allowed in other zoning districts and types of developments as a mechanism to address site constraints in the design of parking spaces, particularly for projects with higher-density residential and affordable housing uses. The proposed Project is located on a parcel that is at the core of Buellton’s downtown and is intended for higher density residential uses in the Specific Plan. In addition, 15% of the proposed dwelling units would be provided as affordable housing. Tandem parking is being proposed as a creative solution to providing adequate on-site parking for the subject development, which seeks to fulfill the Specific Plan vision of serving as a catalyst for rejuvenation of the surrounding neighborhood.
Dimensions of the parking spaces within the garages appear to be consistent with industry standards for tandem parking and meet the
Resolution No. 22-07 Page 6 March 24, 2022
minimum size of spaces defined in the Municipal Code. The depths of the individual parking garages and tandem parking spaces vary, reflecting the exterior articulation of the overall building. The Applicant has provided the following minimum dimensions (some garages may have additional depth):
• Minimum Tandem Parking Garage Dimensions =
11’-2” width x 36’ depth
• Minimum Single Parking Garage Dimensions =
11’-2” width x 20’ depth
Also, the Traffic & Parking Study for the Project analyzed potential peak parking demands based industry standard parking rates for mixed-use developments and concluded that the peak parking demand of 69 spaces is 29 spaces less than the 98 spaces being provided by the Project. Based on the Study, there are more than adequate on-site parking spaces provided to serve peak demand generated by the proposed mixed-use development. Consequently, the proposed 19 tandem parking garages would not result in a negative impact upon the surrounding neighborhood.
ii. The proposed 19 tandem parking garages, each with two residential parking spaces, would not be incompatible with the surrounding area because an overall adequate amount of parking, with a total of 98 spaces, is provided by the Project to serve the proposed mixed-use development for which the code required parking is 96 spaces and the peak parking demand is estimated to be 69 spaces. In an effort to ensure that parking spillover impacts upon the surrounding be minimized, the conditions of approval require that a legal mechanism and ongoing monitoring and enforcement program be implemented by the Applicant to ensure that the tandem garages are used for resident vehicle parking only and not for storage, business or other purposes that preclude the parking of residents’ vehicles.
iii. Except as stated above, the proposed overall parking layout conforms with other applicable provisions of Title 19 (Zoning), with the Avenue of Flags Specific Plan and with the Community Design Guidelines.
Resolution No. 22-07 Page 7 March 24, 2022
SECTION 4: Based on the findings set forth in Sections 2 and 3, and subject to the conditions attached hereto, the City Council hereby approves Final Development Plan (21-FDP05) for the 518 Avenue of Flags Mixed-Use Project located at 518 Avenue of Flags.
PASSED, APPROVED and ADOPTED this 24th day of March, 2022. ________________________________
Holly Sierra
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk
Resolution No. 22-07 Page 8 March 24, 2022
______________________________________________________________________________ I, Linda Reid, City Clerk of the City of Buellton, do hereby certify that the foregoing Resolution No. 22-07 was duly adopted by the City Council of the City of Buellton at the regular meeting held on the 24th day of March, 2022, by the following vote of the Council:
AYES: 0
NOES: 0
ABSENT: 0
ABSTAIN: 0
____________________________________
Linda Reid
City Clerk
Resolution No. 22-07 Page 9 March 24, 2022
CONDITIONS OF APPROVAL
518 AVENUE OF FLAGS – MIXED-USE DEVELOPMENT
518 AVENUE OF FLAGS
FINAL DEVELOPMENT PLAN 21-FDP-05
A. GENERAL PROVISIONS
1. Project Description. The approval granted herein is based upon and limited to compliance with the Project Description and conditions of approval set forth below.
The Project Description is as follows: This Project is a request by The 518 LLC, hereinafter referred to as “Applicant”, for approval of a Final Development Plan (21-FDP-05) (“Application”) to develop a mixed-use project consisting of two separate mixed-use commercial and residential buildings, each 41 feet in height to typical top-of-parapet, with corner courtyard and parking on 1.22 acres of vacant land located at 518 Avenue of Flags, on the north-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-006 (the “Property”).
The Project plans that are included in this approval are date-stamped February 10, 2022. The approved color palette is shown on the color and materials digital images in the Project Plans. Any deviations from the Project Description, exhibits or conditions must be reviewed and approved by the City for conformity with this approval. Deviations may require formal modification of the approval and/or further environmental review. Deviations without the above-described authorization will constitute a violation of this approval.
2. Additional Permits Required. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, or rebuilding of any building, structure, or improvement, the Applicant shall: (i) obtain a Zoning Clearance (hereinafter defined below); and (ii) obtain all other permits and approvals that may be required by operation of the Buellton Municipal Code (e.g., grading permit, building permit, encroachment permit, etc.). Before any Zoning Clearance will be issued by the City, the Applicant must obtain written clearance from all departments having jurisdiction; such clearance shall indicate that the Applicant has satisfied all pre-construction conditions of approval. To the extent any condition or provision of the approval set forth herein is incompatible with or at variance with any other permit for the Project, the most restrictive condition and provision shall prevail.
3. Print & Illustrate Conditions on Plans. All conditions of approval shall be printed in their entirety on applicable pages of final development, grading and construction plans submitted to the City.
4. Terminology. Except where otherwise noted, the terms appearing throughout the conditions of approval set forth herein shall have the meanings as defined below.
Resolution No. 22-07 Page 10 March 24, 2022
Capitalization is used to identify defined terms and shall have the meanings as set forth below unless the context in which they are used clearly requires otherwise. a. “Applicant” means The 518 LLC, and includes all agents, subdividers, developers, contractors, workers and personnel employed on the Project, as well as all successors and assigns of interest.
b. “Building Department” means the Building and Safety Division of the County (and all successors and assigns thereof), on behalf and under contract to the City to perform building plan check and inspection services. c. “City” means the City of Buellton and includes the City Manager, City Engineer, Planning Director and all other duly appointed officials having responsibility for land use matters, as well as their respective assignees (e.g., Department staff members). Unless otherwise indicated, the Planning Department shall be the primary point of contact for the City. d. “County” means the County of Santa Barbara.
e. “Environmental Monitor” means person or personnel of the City assigned to monitor field mitigation in order to ensure compliance with the Mitigation Measures. The City has discretion to determine the qualifications of the Environmental Monitor, the number of monitors needed and the disciplines of the monitors, their duties and the arrangements for compensation
f. “Final Building Inspection Clearance” means acknowledgement by the Building Department that construction of the Project has been completed in full compliance with plans and specifications approved by the City and the Building Department. Such acknowledgement is typically evidenced by signature of appropriate staff on the building permit inspection form. g. “Fire Department” means the Fire Department of the County (and all successors and assigns thereof), furnishing fire prevention and protection services to the City by operation of special district.
h. “Mitigation Measures” means conditions and measures required to mitigate environmental effects of the Project as identified in General Plan Update EIR in connection with the Project under the provisions of the California Environmental Quality Act of 1970, as applicable. i. “Entitlement” means the type of land use permit required by the Buellton Municipal Code in connection with the Project for which approval is granted herein.
Resolution No. 22-07 Page 11 March 24, 2022
j. “Project” means and includes all of the actions described in the Project description above.
k. “Project Inspection” means a field inspection and documentation review performed by the Planning Director at the time of Final Building Inspection Clearance to verify that the Project has been completed in full compliance with the terms and conditions of approval. The Project Inspection shall be performed upon completion of construction and the Project must be fully compliant with all terms and conditions of approval prior to and as a condition precedent to obtaining Final Building Inspection Clearance. l. “Project Manager” means person or personnel of the City assigned to oversee and administer the Permit including, but not limited to, compliance with the Mitigation Measures set forth herein.
m. “Property” means the land and improvements identified in the Project Description.
n. “Property Owner” means The 518, LLC , and includes all persons and entities possessing fee title (in full or in part) to the site of the Project, and all successors and assigns of such persons and entities. o. “Retained Monitor” means person or personnel of the Applicant assigned to monitor field mitigation in order to ensure compliance with the Mitigation Measures. The Retained Monitor must be qualified in his or her respective field and their appointment/retention is subject to approval by the City. For instance, the Retained Monitor assigned to verify compliance with cultural resources Mitigation Measures should be an archaeologist or a person trained to identify cultural resources and who is acceptable to the City
p. “Zoning Clearance” means approval granted pursuant to 19.08.100 of the Buellton Municipal Code requisite to issuance of a building permit for authorized construction or land development activities.
5. Interpretations and Exceptions. The Planning Director is authorized to render decisions as to the applicability or interpretation of the conditions set forth herein, including minor changes, when the strict application of the conditions conflicts with the underlying purpose of the conditions or creates undue hardship or administrative burden. Any administrative change granted shall be subject to such conditions as will:
(i) assure that the adjustment thereby authorized shall appropriately implement purposes and objectives of the original conditions; and (ii) not change or compromise the effectiveness of the original conditions. As an example, and for illustrative purposes only, the Planning Director may modify the implementation timing of specific conditions at the mutual convenience of the City and Applicant. Minor
Resolution No. 22-07 Page 12 March 24, 2022
changes authorized pursuant to this condition shall not require separate processing of a formal amendment.
6. Indemnity. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, arising from or in connection with the approval, decision or action of the City Council, Planning Commission, or other decision-making body, or staff action concerning the Project, including but not limited to writ proceedings, claims for inverse condemnation, personal injury, property damage, and/or breach of a mandatory duty, challenges under the California Environmental Quality Act, and/or any action that attacks, challenges, or seeks to set aside, void, or annul all or any part of the approvals, decisions, or actions concerning the Project. City shall promptly notify the applicant of any Action brought and request that the applicant defend the City. It is expressly agreed that applicant may select legal counsel providing the applicant’s defense and the City shall have the right to approve separate legal counsel providing the City’s defense. The applicant shall reimburse City for any attorneys’ fees, costs and expenses directly and necessarily incurred by the City in the course of the defense.
7. Legal Challenge. In the event that any condition imposing a fee, exaction, dedication or other mitigation measure is challenged by the Applicant in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action.
8. Approval Limitations. This approval is issued pursuant to the provisions of Title 19 of the Buellton Municipal Code and is subject to the foregoing conditions and limitations. Failure to comply with said conditions of approval may subject the Applicant to remedies and penalties specified in the Buellton Municipal Code.
9. Compliance Costs. All projects are subject to Project Inspection that is funded under existing permit fees. This condition shall serve as implementation of the Mitigation Monitoring and Reporting Program for the Mitigation Measures as well as the general conditions of approval set forth herein. The Applicant agrees to participate in this permit compliance program and to fund all reasonable expenses incurred by the City and/or City contractors for permit condition implementation, reasonable studies, and emergency response directly and necessarily related to monitoring and enforcement of these permit conditions and applicable City ordinances. Any staff time spent in
Resolution No. 22-07 Page 13 March 24, 2022
excess of the Applicant’s current deposit will be billed to the Applicant and the Applicant shall reimburse City within 30 days of invoicing by City.
10. Enforcement Costs. In the event the City determines that it is necessary to take legal action to enforce any of the conditions of approval herein, and such legal action is taken, the Applicant shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with the Applicant to waive said fees or any part thereof.
11. Failure to Comply. In the event that the Applicant fails to comply with any order of the City issued hereunder or any injunction of the Superior Court, it shall be liable in accordance with the provision of Section 1.32 of the Buellton Municipal Code.
12. Access to Records and Facilities. As to any condition that requires for its effective enforcement the inspection of records or facilities by City or its agents, the Applicant shall make such records available or provide access to such facilities upon reasonable notice from City
13. Payment of Fees. All applicable fees associated with development of the Project shall be paid by the Applicant at the time such fees become payable as provided by Buellton Municipal Code or otherwise stipulated in this approval (whichever date is sooner), and the amount payable shall be based on the those fee schedules adopted by the City and then in effect at the time such fees become payable.
14. Acceptance of Conditions. The Applicant shall acknowledge and agree to all conditions of this approval within 60 days of the notice of final action, evidenced by the Applicant’s signature on the space provided at the end of this document. The Applicant shall record this document on title to the subject Property prior to or concurrently with the filing of a Zoning Clearance. The Applicant, and all successors or assignees, are responsible for complying with all conditions of approval. Any zoning violations concerning the installation, operation, and/or abandonment of the Project are the responsibility of the Applicant, and all successors or assignees.
B. ENVIRONMENTAL MITIGATION MEASURES
Air Quality
15. AQ – 1: Location-specific Health Risk Assessments
For future land use development permit applications within the Project area, a location-specific health risk assessment (HRA) shall be required if the development would place sensitive receptors, such as residences, within 500 feet of Highway 101. If the HRA indicates that the proposed development would expose sensitive receptors to an unacceptable health risk resulting from its
Resolution No. 22-07 Page 14 March 24, 2022
proximity to Highway 101, then additional mitigation that reduces health risk below standards recommended by SBCAPCD, such as MERV filtration, shall be incorporated into the development prior to permit issuance.
Monitoring:
Planning Department will verify at the time of future land use development permit approval and Zoning Clearance issuance that Mitigation Measure AQ-1 has been incorporated into the individual project/permit approval, as applicable.
Cultural Resources
16. CR – 1: Halt Work Order for Archaeological Resources If unanticipated cultural resources are exposed during potential future developments within the Project area, all earth disturbing work within the vicinity of the find must be temporarily suspended until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. A representative should monitor any mitigation excavation associated with Native American materials.
Monitoring:
Planning Department will verify at the time of future land use development permit approval and Zoning Clearance issuance that Mitigation Measure CR-1 has been incorporated into the individual project/permit approval, as applicable.
Noise
17. N – 1: Construction Noise Attenuation
For all demolition and construction activity within the Project Area, noise attenuation techniques shall be employed as needed to ensure that noise remains within levels allowed by the City of Buellton construction noise standards (Section
8.04.030(G)(4)(d); 75 dBA Leq). Construction noise attenuation measures shall include:
All construction equipment shall have properly maintained sound-control devices.
No equipment shall have an unmuffled exhaust.
All construction equipment powered by internal combustion engines shall be properly muffled and maintained.
Unnecessary idling of internal combustion engines shall be prohibited.
As necessary to achieve the construction noise standard, contractors shall implement appropriate additional noise mitigation measures including, but not limited to, siting the stationary construction equipment away from residential areas to the extent possible, shutting off idling equipment, rescheduling construction
Resolution No. 22-07 Page 15 March 24, 2022
activity, notifying adjacent residents in advance of construction work, and installing temporary acoustic barriers around stationary construction noise sources.
Monitoring:
Planning Department will verify at the time of future land use development permit approval and Zoning Clearance issuance that Mitigation Measure N1 has been incorporated into the individual project/permit approval, as applicable.
Transportation / Traffic
18. T – 1: Traffic Mitigation Fee Program
Developments within the Project area would be required to contribute to the City’s traffic mitigation fee program to fund long-term programmatic improvements.
Monitoring:
Planning Department will verify at the time of future land use development permit approval and Zoning Clearance issuance that Mitigation Measure T1 has been incorporated into the individual project/permit approval, as applicable.
C. ENGINEERING CONDITIONS – FINAL DEVELOPMENT PLAN (21-FDP-05) PRIOR TO GRADING PERMIT ISSUANCE:
19. Improvement Plans. Applicant shall cause to be prepared by a Civil Engineer, registered in the State of California, grading and utilities improvement plans, including, but not limited to, street, water, sewer, and storm drain improvements.
An engineering cost estimate shall be submitted with the grading and improvement plans along with any calculations, signed/stamped certifications and plan check processing fees.
20. Improvement Plan Requirements. Plans shall be drawn by a California Registered Civil Engineer. Drawings shall be prepared on 24-inch by 36-inch mylar (4 mil) showing all proposed improvements including, but not limited to, curbs, gutters, sidewalks, paving, driveway cuts, storm drains, street lights, utilities, and street trees. Final plans shall be wet-stamped by the Civil and Soils Engineer and subsequently signed by the City Engineer prior to permitting.
21. Soils Report. At the time that Improvement Plans and/or Grading and Drainage Plans are submitted for review and approval by the City Engineer, two copies of a Soils Report, prepared by a California Registered Geologist or Soils Engineer, shall be submitted. The Report shall address soils engineering and compaction requirements, R-values, and other soils and geology related issues (including
Resolution No. 22-07 Page 16 March 24, 2022
liquefaction) and shall contain recommendations as to foundation design, and paving sections, where applicable for the project.
22. Grading Oversight by Geotechnical Engineer. A geotechnical engineer or geologist licensed in the State of California shall provide guidance during grading operations and shall certify constructed pads and ensure all mitigation measures are properly implemented. Certifications and final reports shall be submitted to the City Engineer for approval.
23. Erosion Control Plan. Erosion Control Plans shall be completed and submitted to the City Engineer for review and approval. Appropriate BMP measures shall be undertaken at all times. This shall be in compliance with the Regional Water Quality Control Board requirements. NOI shall be filed. A SWPPP shall be developed for the project site by a certified QSD, draft copy shall be submitted for review prior to issuance of the grading permit. SWPPP shall be on-site at all times.
Implementation shall be performed by a QSP.
24. Hydrology Report. At the time that Improvement and/or Grading and Drainage Plans are submitted for review and approval by the City Engineer, a complete hydrology/hydraulic report shall be submitted by the applicant’s engineer determining the adequacy of the proposed drainage system and the adequacy of the existing downstream system. A rain fall frequency of twenty-five (25) years shall be used for sizing piping and inlet structures. If no overland escape is available, 100-year flows shall be used as the basis of design. Santa Barbara County Engineering Design Standards shall be used. The report shall include a flood study the reviews pre-development and post development flood conditions, recommendations to be implemented to minimize or resolve flood issues that may impact the proposed development and recommendations to be implemented that minimize or resolve flood issues outside of the development property that results from the proposed development. These recommendations shall be incorporated in the project improvement plans.
Plans shall clearly delineate floodway and floodplain limits. Any work within Floodplain areas shall be reviewed and analyzed in the Hydraulic and Hydrology study to ensure there is no adverse effects of flooding to any properties. Project shall comply with all floodplain development requirements including minimum pad elevations and building flood-proofing as applicable.
25. Stormwater. Development shall be undertaken in accordance with conditions and requirements of the State of California Regional Water Quality Control Board.
Project Grading and Storm Drain Improvement Plans shall identify and incorporate Best Management Practices (BMPs) appropriate to the uses conducted on-site and during construction to effectively mitigate storm water pollution during construction as well as post-construction.
Resolution No. 22-07 Page 17 March 24, 2022
Stormwater management shall be incorporated in the improvement plans (low impact development). This project is subject to Post Construction Requirements as outlined in the City’s Stormwater Technical Guide for a Tier 4 project.
A Stormwater Control Plan that analyzes the potential flows, run-off and drainage management area’s and proposed lid improvements to address run-off and water quality, including a maintenance/water quality control plan, shall be submitted.
This document shall include an owner’s statement that maintenance of facilities will occur regularly (at least twice annually) and will be ongoing. The plan shall include an Operations and Maintenance Plan which requires an annual maintenance report which must be signed/certified by the QSD/QSP, property owner and contractor and submitted to the Public Works Department.
26. Fire Department Review. Applicant shall submit improvement plans for concurrent review with the Santa Barbara County Fire Department and shall provide documentation of submittal along with grading and utility improvement plans to the City Engineer. A copy of the Fire Department approval shall be submitted prior to issuance of grading permit.
27. Right-of-Way Improvements. All off-site, public frontage improvements, including driveway, sidewalk, curb and gutter, street lighting, pavers and any other improvements made within the public right-of-way shall be shown on a separate sheet. These improvements shall utilize City of Buellton standard details and provide for ADA access.
28. Regulatory Agency Permits. All applicable permits and approvals required from other regulatory agencies such as Regional Water Quality Control Board, USFW/DFG, FEMA, etc., shall be obtained prior to issuance of Grading Permit.
29. Mylars. Upon approval of the final plans, the applicant shall furnish original stamped mylars to the City Engineer for signature and reproduction for permitting purposes. A final Engineer’s estimate shall be prepared (updated from the original submittal and shall utilize prevailing wage rates) and permit/inspection fees paid.
30. Sureties. A faithful performance and labor/material bond for the grading and utilities (each to be equal to 100% of the final City Engineer’s estimate of costs, which shall include a 20% contingency), or equivalent form of guarantee, shall be posted by the applicant. The bonds shall remain in effect until the completion of the project and a certificate of occupancy has been issued, at which time, 10% of the bond shall be retained for a warranty period of 1 year after the City has approved a Notice of Completion and after receipt/approval of the As-built Record Drawings.
31. Restaurants – FOG Program Compliance. Any restaurant activities shall comply with City’s FOG Program and shall identify grease interceptors in grading improvement plans. If unknown at this time, applicant shall install a grease interceptor if any restaurant occupies any of the buildings.
Resolution No. 22-07 Page 18 March 24, 2022
32. Utilities on Plans. All utilities shall be shown on the plans. All proposed water (including irrigation and fire), sewer, drainage and dry utilities such as Comcast, PG&E, Gas, etc. shall be located per City standards, to the satisfaction of the Public Works Department.
33. Water Improvement Plans. Water improvements shall identify location of all backflow devices for the commercial buildings, irrigation and fire. Separate meters shall be required. If applicant wishes to utilize the existing water meter for service for building and irrigation, tee shall be past the backflow device. Water bills will not distinguish between landscape and domestic use, domestic use will be billed.
PRIOR TO BUILDING PERMIT ISSUANCE:
34. Grading Permit. The applicant shall obtain a grading permit from the City Engineer prior to obtaining a building permit.
35. Rough Grading. Rough grading certification by the geotechnical engineer shall be approved by the City Engineer prior to obtaining a building permit.
36. Industrial Waste Discharge Permit. The applicant shall obtain an industrial waste discharge permit, as applicable, from the City Public Works Department prior to obtaining a building permit.
PRIOR TO OCCUPANCY CLEARANCE:
37. Completion of Improvements. The applicant shall complete all required improvements to the satisfaction of the City Engineer. The applicant shall furnish the mylar or a reproducible copy of the improvement plans to the City Engineer, modified to reflect field changes made during construction and stamped “As-Built Record Drawings.”
38. Water and Sewer Fees. The applicant shall pay water and sewer utilities fees from the Public Works Department prior to occupancy. In addition, all pretreatment and FOG compliance requirements must be in place prior to payment of water/sewer fees and occupancy.
39. Public Easement Dedication. Any public easements requiring dedication shall be approved and accepted by the City prior to occupancy.
40. Industrial Discharge. If applicable, an Industrial Discharge permit for specific tenant improvements will be required prior to occupancy.
41. Traffic Fees. The applicant shall pay Traffic Mitigation Fees and other applicable fees prior to occupancy.
42. Payment of Fees. All fees and any unpaid balances from plan check or inspection and permits, shall be paid in full.
Resolution No. 22-07 Page 19 March 24, 2022
GENERAL CONDITIONS:
43. Landscape Maintenance By Property Owner. Landscaping along property frontage (including landscaping within the public right-of-way) shall be maintained by property owner in perpetuity.
44. Public Improvement Standards. Unless superseded by Caltrans all public improvements shall be designed and constructed in conformance with The City of Buellton Standards, and when applicable, the Santa Barbara County Standards.
45. Utility Easements. Existing and proposed easements for all utilities shall be located and described on the engineering plans.
46. Utility Relocation. Applicant hall be responsible for any utility relocation, in addition to provision of new easement dedication as appropriate. Should a new easement be necessary, applicant shall submit the easement to the City Engineer review.
47. Utility Permits and Undergrounding. Applicant is responsible to submit permit applications to/for all utility services to PG&E, Comcast, So Cal Gas, Frontier, etc.
All facilities shall be underground.
48. Avenue of Flags Public Improvements. Applicant shall complete public improvements on the Ave of Flags frontage. Design of improvements shall match existing improvements on Ave of Flags such as pavers, pedestrian lights and appurtenant facilities, including the installation of street trees and signage regarding potential time limit restrictions for on-street parking during business hours (subject to City Council direction), to the satisfaction of the Public Works Director.
Applicant is responsible for the design, PG&E application and installation of pedestrian lights along their frontage.
49. As-Built Record Drawings. Prior to the release of any bonds, the applicant shall furnish the mylar or a reproducible copy of the improvement plans to the City Engineer, modified to reflect field changes made during construction and stamped “As-Built Record Drawings.” A PDF of the final As-Built Record Drawings shall be submitted to the City.
50. Waste Collection and Disposal. Applicant shall provide adequate waste collection and disposal through the City’s provider and shall comply with all requirements of AB341 and AB1826.
D. PLANNING CONDITIONS
51. Zoning Clearance. As a condition precedent to obtaining building permits, and prior to improving any portion of the Property or commencing any work pertaining to the Project approved herein, the Applicant shall obtain Zoning Clearance from
Resolution No. 22-07 Page 20 March 24, 2022
the Planning Director. Zoning Clearance shall only be granted upon satisfying all conditions precedent to construction as stated in these conditions of approval.
52. Performance Standards. The design, operation, and use of the Project and Property shall comply with all outdoor storage, trash collection design, performance standards, landscaping requirements, and lighting provisions of the Buellton Municipal Code. All exterior lighting shall be located and designed so as to avoid creating substantial off-site glare, light spillover onto adjacent properties, or upward illumination into the sky. In addition, the Property shall be maintained in strict compliance with the following additional standards. a. Use Limitations. No building or other improvement upon the Property shall be constructed, maintained, or used for any purpose other than that which is allowed by the Buellton Municipal Code or otherwise stipulated in the conditions of approval herein. Furthermore, the Property shall be maintained in strict compliance with the following additional standards:
(1) Unobstructed Access. All driveways and areas designated for offstreet parking shall remain accessible at all times. Except as allowed by revocable license approved by the City, parking shall not be allowed on driveways at any time.
(2) Vehicle Repair. No disassembly, repair or any other work shall be performed on any vehicle, machine, motor, appliance or other similar device shall be allowed on any portion of the Property except or unless such work and device is wholly removed from public view. (3) Exterior Storage. No storage of any goods, materials or equipment shall be permitted on the Property except within the confines of fully enclosed buildings.
b. Prohibited Activities. No person owning, leasing, occupying or having charge or possession of the Property, or any portion thereof, shall maintain or use the premises in such a manner that any of the following conditions are found to exist:
(1) Fire and Explosion Hazards. Storage and transportation of flammable or explosive materials, as defined by the County of Santa Barbara Fire Department, which are provided without adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices, standard in the industry.
(2) Fissionable, Radioactivity or Electrical Disturbance. Storage or use of fissionable or radioactive material, if their use or storage results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewage
Resolution No. 22-07 Page 21 March 24, 2022
systems, or any activities which emit electrical disturbances, affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(3) Glare, Humidity, Heat and Cold. Direct or sky-reflected glare, whether from floodlights or from high temperature processes, or humidity, heat or cold that is produced and is perceptible without instruments by the average person at the Property line. (4) Liquid and Solid Wastes. Discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any material of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction over such activities. (5) Odors. Emissions of odorous gases or other odorous matter that are produced in nuisance quantities at the Property line.
(6) Particulate Matter and Air Contaminants. Emissions, including but not limited to, fly ash, dust, fumes, vapors, gases, and other forms of air contaminants which are produced from any facility or activity which are readily detectable without instrument by the average person at the Property line which can cause any damage to health, animals, vegetation or other forms of property, or which can cause excessive soiling at any point.
(7) Vibration. Ground vibration that is produced and is discernible without instruments to the average person at the Property line.
Ground vibration caused by motor vehicles, trains, aircraft, and temporary construction or demolition work is exempted from this standard.
(8) Prohibition of Dangerous Elements. Land or buildings which are used or occupied in any manner so as to create any dangerous, noxious, injurious or otherwise objectionable fire, explosive or other hazard; noise or vibration; glare; liquid or solid refuse or waste; or other dangerous or objectionable substance, condition, or element in such a manner or such an amount as to adversely affect other uses. (9) Noise. Unless otherwise conditionally allowed, no person shall operate or cause to be operated any source of sound at or on the Property, or allow the creation of any noise on the Property owned, leased, occupied or otherwise controlled by such person which
Resolution No. 22-07 Page 22 March 24, 2022
causes the noise level when measured on any receiving property to exceed the noise level limits set forth by the Buellton Municipal Code as adopted and amended.
53. Fire Department. The Project is located within the jurisdiction of the County Fire Department and shall comply with all applicable standards of that agency.
54. Building Standards. All building construction shall be designed and performed in accordance with the currently adopted California Building Code, and all other appropriate sections of the Buellton Municipal Code, State of California energy conservation standards and Title 24 handicap accessibility standards. All necessary plans and documentation shall be submitted at time of plan check including, but not limited to, complete architectural plans and appropriate engineering calculations prepared by a California Licensed Architect or Engineer.
55. Grading and Drainage. All building construction, grading and drainage shall be designed and performed in accordance with the currently adopted Excavation and Grading Code and all other appropriate sections of the Buellton Municipal Code and Santa Barbara Flood Control Design Standards dealing with grading, drainage and public improvements. Prior to construction, necessary plans and documentation shall be submitted for review and approval by the City Engineer including, but not limited to, complete civil engineering drawings, public improvement plans, utility specifications and appropriate engineering calculations prepared by a California Registered Civil Engineer.
56. Construction Hours. Construction shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. Equipment maintenance and servicing shall be confined to the same hours. Weekend construction and other exceptions shall require special approval from the Planning Director, in consultation with the City Engineer, and be limited to the hours of 9:00 a.m. to 4:00 p.m. Prior to issuance of building permit, the Developer shall provide proof that all construction equipment utilizing internal combustion engines have mufflers that are in good condition.
57. APCD Permits. Prior to occupancy, APCD permits must be obtained for all equipment that requires an APCD permit. APCD Authority to Construct permits are required for diesel engines rated at 50 bhp and greater (e.g., firewater pumps and emergency standby generators) and boiler/large water heaters whose combined input rating exceeds 2.0 million BTUs per hour.
58. Rule 360 Emissions Compliance. Small boilers and water heating units (rated between 75,000 and 2.0 million BTU/hr) must comply with the emission limits and certification requirements of APCD Rule 360. Please see www.sbapcd.org/eng/boiler/rule360/rule_360.htm for more information and a list of certified boilers (note: any units fired on fuels other than natural gas must be certified by the SBAPCD on a case-by-case basis, even if the unit is certified when fired on natural gas).
Resolution No. 22-07 Page 23 March 24, 2022
59. Compliance with Air Quality Regulations. The project shall comply with APCD Rule 345 and related air quality requirements, as described below, which would ensure that construction emissions would remain less than significant. a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be required whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
c. Gravel pads must be installed at all access points to prevent tracking of mud onto public roads.
d. If importation, exportation and stockpiling of fill material are involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin. e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur.
f. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading for the structure.
g. Prior to land use clearance, the applicant shall include, as a note on a separate informational sheet to be recorded with map, these dust control requirements.
All requirements shall be shown on grading and building plans. h. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit.
i. Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel particulate matter (PM) and criteria pollutant emissions from in-use (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at
www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
Resolution No. 22-07 Page 24 March 24, 2022
j. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavyduty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible.
k. Diesel construction equipment meeting the California Air Resources Board (CARB) Tier 1 emission standards for off-road heavy-duty diesel engines shall be used. Equipment meeting CARB Tier 2 or higher emission standards should be used to the maximum extent feasible.
l. Diesel powered equipment should be replaced by electric equipment whenever feasible.
m. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California. n. Catalytic converters shall be installed on gasoline-powered equipment, if feasible.
o. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
p. The engine size of construction equipment shall be the minimum practical size.
q. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time.
r. Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite
60. Final Occupancy Clearance. No Final Building Inspection Clearance or release of occupancy will be granted for any building on the Property until all construction is completed and all improvements and landscaping associated with the Project are installed in accordance with the plans approved and the conditions specified herein.
Exceptions to this requirement may be granted subject to: (i) approval of the City Engineer and Planning Director; (ii) assurance that unfinished items will be completed within a reasonable period of time (including, but not limited to, the posting of appropriate performance security to assure such completion); (iii) essential infrastructure necessary to serve the entire Project is fully installed; and (iv) public safety and convenience is appropriately protected.
61. Property Maintenance. The Project and Property, including the landscaping, shall be maintained in a continuous state of good condition and repair, in full compliance with all approved plans, specifications and conditions of approval. Corrective improvements shall be undertaken as necessary to continuously conform with and implement conditions of Project approval including, as applicable, repair, repainting and/or replacement of Project components as needed. Where a Project is
Resolution No. 22-07 Page 25 March 24, 2022
found to be non-compliant, the Applicant shall adhere to City recommendations to bring the Project into compliance.
62. Avenue of Flags Specific Plan. The Project shall be in conformance with the Avenue of Flags Specific Plan, including the Art Deco architectural style and any applicable Community Design Guidelines and Municipal Code requirements.
63. Architectural Design. The Project is designed as Art Deco. The architectural design of the buildings shall conform to that shown on the Project plans submitted February 10, 2022, which include: architectural elevations; the color and materials board submitted (image sheets included in the plans); and the color 3D Illustrations.
64. Streetscape Improvements. Streetscape improvements such as decorative sidewalk, decorative street lights, landscaping, street furnishings, trash and recycle bins, shall be in conformance with the Avenue of Flags Specific Plan to the satisfaction of the Planning Director as part of the Zoning Clearance process.
65. Trash Enclosure Design. The color and materials utilized for the Project’s trash enclosure shall be consistent with the overall building design
66. Project Inspections. Upon completion of construction and prior to occupancy or use, the Planning Director shall conduct a Project Inspection prior to and as a condition precedent to obtaining Final Building Inspection Clearance. Compliance with all conditions of approval is a pre-requisite to obtaining the Final Building Inspection Clearance.
67. Final Landscape and Irrigation Plans. The final landscape and irrigation plans shall be in compliance with the City’s Water Efficient Landscaping Ordinance and utilize species from the City’s Approved Tree Planting List or to the satisfaction of the City Planning Director. Final Landscape Plans must include the Model Water Efficiency Landscape Ordinance statement to ensure compliance. The final landscape plans shall be included in the building plans prior to Zoning Clearance and shall identify the location, dimensions and design details for all applicable landscape architectural features such as walls, fencing, gates, screening, paving types, trellises, arbors, benches, outdoor furniture and other similar features. If the final Project plans do reflect a landscape strip in the Second Street right-of-way, this landscape strip area shall be in addition to the 8 foot wide sidewalk public improvement requirement as well as the on-site landscape requirement.
68. Landscape Surety. Prior to issuance of a building permit, a surety for installation of the landscaping and irrigation, and for maintenance for one year, shall be posted in a form acceptable to the City. The surety estimate shall be submitted as part of the building permit submittal.
69. Landscape Installation. Prior to obtaining Final Building Inspection Clearance, all landscaping and irrigation shall be completed and fully installed in accordance with the approved landscape plan. All trees shall be at a minimum size of 24 inch box. A letter from the landscape architect shall be submitted verifying compliance
Resolution No. 22-07 Page 26 March 24, 2022
with the plans. The landscape and irrigation surety, less the one year maintenance portion, can be released at this time.
70. Landscape Maintenance. Following installation, all landscaping shall be continuously maintained thereafter for a period of not less than one year or until such time that all plant material has been completely established. The Planning Director shall inspect or cause to be inspected all landscaped areas after the one year maintenance period. If the landscaping is healthy and established, the one year maintenance portion of the surety may be released.
71. Landscape Maintenance Agreement. The Applicant shall acknowledge and sign the City's Landscape and Maintenance Agreement prior to issuance of the building permit. The Applicant, and all successors or assignees, are responsible for complying with all conditions of the Agreement. Any violations of the Landscape and Maintenance Agreement may result in Code Enforcement action.
72. Approval. Approval of 21-FDP-05 (the “Permit”) is granted to the Applicant for the Property as identified in the Project Description. Except or unless indicated otherwise herein, all buildings, driveways, parking areas, and other facilities or features shall be located and maintained substantially as shown on the exhibits accompanying the application for the Project.
73. Development Time Frame. Building construction must be started not later than seven years after approval of the Final Development Plan (as set forth in the development agreement indicated by Condition 90), or if a Building Permit is issued within the seven year period, substantial physical construction must be diligently pursued thereafter, or this approval will lapse pursuant to the development agreement indicated in Condition 90 and be revoked pursuant to the Buellton Municipal Code.
Substantial physical construction is defined as:
a. All zoning and related approvals are effective; and
b. All required building and grading permits have been issued; and c. The “foundation inspection” and “concrete slab or under floor inspection” as defined in the California Building Code or its successor have been made and received approval from the Building Department, i.e., all trenches must be excavated, forms erected, and all materials for the foundation delivered on the job and all in-slab or under floor building service equipment, conduit, piping accessories and other ancillary equipment items must be in place.
Nothing in this definition shall be construed to alter the applicable legal standards for determining when vested property rights have arisen.
74. Parking. A total of 98 parking spaces, including 6 handicapped accessible spaces, plus 1 loading space must be provided for the Project. All parking spaces shall be
Resolution No. 22-07 Page 27 March 24, 2022
striped in accordance with City of Buellton standards prior to issuance of the occupancy permit. In the event there are future revisions to the project plans, including changes requested for life safety purposes, minimum parking ratios and total parking spaces required shall be maintained in accordance with BMC
19.04.140
75. Signage. A maximum aggregate sign area of 365 square feet is allowed for the Project. Any proposed sign lighting shall be dark-sky friendly. A separate sign permit will need to be submitted prior to Zoning Clearance and signage design shall be in substantial conformance with the Conceptual Signage Plan, date-stamped February 10. 2022. The sign permit application shall include a Master Sign Program reflecting design details and dimensions for all proposed signage (wall, awning, building identification, suspended/projecting, tenant/building directory, individual tenant, door, window, directory, etc.) and in sufficient detail to allow for calculation of compliance with the City’s Sign Ordinance (Municipal Code Section
19.04). Sign lighting details and specifications shall be included. All signage and sign lighting shall be consistent with the Art Deco design theme. A Minor Use Permit will be required if the overall proposed sign area exceeds 400 square feet.
76. Masonry Block. All masonry walls shall be split face block, as applicable.
77. Bike Racks. A bike room for residents shall provide parking spaces for 48 bicycles; bike racks for the public shall be as determined by the Planning Commission and as shown on project plans.
78. Lighting. All new exterior lighting fixtures shall comply with the Art Deco style and any applicable requirements of the Community Design Guidelines; and shall be fully shielded to protect dark skies and minimize glare. All lighting shall be LED or Inductive technology or other energy efficient type of lighting. Exterior building lighting and security lighting for the outdoor parking area needs to be further detailed as part of the building plans. Outdoor lighting shall be shielded in a manner that prevents a direct line between its luminary and any residentially zoned or residentially developed parcel. Within 50 feet of residential uses, lighting shall be installed no higher than 20 feet above the ground directly below the light fixture.
All exterior lighting shall be consistent with Art Deco design style and dark sky friendly. The detailed lighting plan shall comply with the above lighting standards and any other applicable requirements to the satisfaction of the Planning Director, and shall be incorporated into the building plans prior to Zoning Clearance.
79. Light Intensities. All exterior lighting to be hooded and dark-sky friendly; documentation to support dark-sky friendly fixtures shall be provided, as applicable. Prior to Zoning Clearance, a Photometric Lighting Plan shall be required to demonstrate compliance with performance standards applicable to outdoor lighting for mixed-use projects (BMC § 19.18.024). This shall apply to wall-mounted exterior lighting on ground, 1st, 2nd and 3rd floors, as well as perimeter lighting, path lighting, and security lighting in the exterior parking lot. All exterior lighting, including parking lot and security lighting, shall be hooded and no
Resolution No. 22-07 Page 28 March 24, 2022
unobstructed beam of exterior light shall be directed toward any area zoned or developed residentially. Lighting shall be designed so as not to interfere with vehicular traffic on any portion of a street.
80. Green Building Standards. Green building features above the mandatory green building code requirements of the County of Santa Barbara shall be incorporated into the project where feasible.
81. Encroachments. Resolution of the existing water heater closet encroachment on the southerly property line shall be addressed prior to issuance of building permits.
82. Covenants, Conditions & Restrictions (CC&Rs). CC&Rs are required for all mixed-use projects and shall include provisions notifying future residential tenants and owners of the potential noise and nuisance impacts of living in a mixed-use project.
PRIOR TO ZONING CLEARANCE – PROJECT-SPECIFIC CONDITIONS
83. Termination of Existing Entitlements. Upon Planning Commission and City Council approval of the proposed Final Development Plan 21-FDP-05 and Development Agreement 21-DA-01, the existing entitlement approval for Final Development Plan 17-FDP-03 shall be terminated.
84. Affordable Housing Ordinance. Compliance with the Affordable Housing Ordinance (AHO) is required in accordance with Municipal Code Chapter 19.16 and as set forth in the Planning Commission Staff Report dated March 3, 2022, as applicable; or with negotiated terms in the Development Agreement (21-DA-01) and the Affordable Housing Agreement, to be approved by City Council.
Compliance as detailed in the AHO includes but is not limited to:
a. Inclusionary Zoning and Affordable Units. At least 15% of the 48 residential units, total of eight (8) units, shall be developed as Affordable Units (as defined in the AHO). b. Affordable Housing Agreement. As a condition precedent to obtaining any building permits, the Applicant shall prepare and submit an Affordable Housing Agreement for review and approval by City Council for the purpose of detailing and ensuring compliance with the AHO. The Affordable Housing Agreement shall be recorded against the property prior to issuance of said permits.
85. Commercial Loading Zone. Pursuant to the approved project plans, a commercial load zone shall be provided in the form of a 10’x30’ striped area that occupies 4 of the required standard commercial parking spaces at the rear of Building #1.
Loading and deliveries shall occur only between the hours of 6:00 to 9:00 am Monday through Friday; at all other times, the area will be available for public parking to serve the commercial uses. A legal mechanism and ongoing monitoring and enforcement program shall be implemented by the Applicant to ensure that the commercial loading zone requirements as set forth in this condition are observed.