Buellton City Council
December 14, 2023

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of December 14, 2023 at 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.

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
Members of the public can observe and address the meeting electronically by clicking here.

CALL TO ORDER
Mayor Dave King

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members, Hudson Hornick, Elysia Lewis, David Silva, Vice Mayor John Sanchez, and Mayor Dave King

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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 November 9, 2023 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024

City Council Meeting Agenda Page 2 December 14, 2023

3. Year 2024 Proposed Calendar of City Council Meetings

4. Monthly Treasurer’s Report – October 31, 2023
 (Staff Contact: Finance Director Shannel Zamora)

5. Consideration of MOU for CDBG Implementation with Santa Ynez Valley Community Outreach
 (Staff Contact: Public Works Director Rose Hess)

6. Resolution No. 23-22 - “A Resolution of the City Council of the City of Buellton, California, Authorizing Submittal of Individual Grant Applications for All Grant Programs for Which the City of Buellton is Eligible”
 (Staff Contact: Public Works Director Rose Hess)

7. Filing of an Amended Claim with the Santa Barbara County Association of Governments (SBCAG) for Revised Allocation of Transportation Development Act Funds (TDA) and for State Transit Assistance (STA) Fund 2022-23 Apportionments for Fiscal Year 2022-23
 (Staff Contact: Finance Director Shannel Zamora)

8. Resolution No. 23-24 –“A Resolution of the City Council of the City of Buellton, California, In Support of Allan Hancock College Offering a Bachelor’s Degree”  (Staff Contact: City Manager Scott Wolfe)

PRESENTATIONS

PUBLIC HEARINGS (POSSIBLE ACTION)

9. Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Denying the Appeal and Upholding the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)” OR
Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Approving the Appeal and Overturning the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)”  (Staff Contact: Planning Director Andrea Keefer)

10. Ordinance 23-02 – “An Ordinance of the City Council of the City of Buellton, California, Adding Buellton Municipal Code Section 19.10.140 Providing for Certification for Review of Certain Discretionary Land Use Planning Proposals for Immediate City Council Consideration” (Introduction and First Reading)  (Staff Contact: Planning Director Andrea Keefer)

City Council Meeting Agenda Page 3 December 14, 2023

COUNCIL MEMBER COMMENTS/ITEMS (POSSIBLE ACTION)

11. Appointment of Vice Mayor for 2024

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.

BUSINESS ITEMS (POSSIBLE ACTION)

12. Appointments to Boards, Commissions, and Committees A. Central Coast Water Authority (CCWA)
B. County Library Advisory Committee
C. Santa Barbara County Association of Governments (SBCAG) D. Air Pollution Control District (APCD)
E. California Joint Powers Insurance Authority (CJPIA)
F. League of California Cities (LOCC) – Voting Delegate G. Buellton Chamber of Commerce Board of Directors (Ex Officio Member) H. Multi-Jurisdictional Solid Waste Task Group
I. Economic Development Task Force
J. City/School District Joint Use Committee
K. Association of California Water Agencies/Joint Powers Insurance Authority L. Central Management Area Committee for the Sustainable Groundwater Management Act (SGMA)
M. Central Coast Community Energy (3CE) – (Policy Board/Operations Board)
N. Arts & Culture Committee
O. Joint Cities-County Affordable Housing Task Group

13. Authorization to Create New Job Classification, Adopt Associated Job Description, and Salary Schedule
 (Staff Contact: H.R. Director Linda Reid)

14. Award of Contract for the New Library/Event (202 Dairyland Renovation) Project  (Staff Contact: Public Works Director Rose Hess)

15. Joint Grant Management Agreement between the Santa Ynez Band of Mission Indians, the County of Santa Barbara, City of Solvang, and City of Buellton for a Joint Submission for the Caltrans 2024-25 Sustainable Transportation Planning Grant
 (Staff Contact: City Manager Scott Wolfe)

City Council Meeting Agenda Page 4 December 14, 2023

16. Establishment of City Council Priorities for 2024
 (Staff Contact: City Manager Scott Wolfe)
CITY MANAGER’S REPORT

ADJOURNMENT
The next meeting of the City Council will be held on Thursday, January 11, 2024 at 6:00 p.m.

City Manager Review: SW
Council Agenda Item No.: 1

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of November 9, 2023
City Council Chambers, 140 West Highway 246
Buellton, California

CALL TO ORDER
Mayor King called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: Council Members Hudson Hornick, David Silva, Vice Mayor John Sanchez (Via Zoom), and Mayor Dave King

Absent: Council Member Elysia Lewis
Staff: City Manager Scott Wolfe, City Attorney Greg Murphy, Public Works Director Rose Hess, Finance Director Shannel Zamora, Planning Director Andrea Keefer, and City Clerk Linda Reid

REORDERING OF AGENDA
None

PUBLIC COMMENTS
Cristina Carreno, Buellton, introduced herself as the President of Ranch Club Mobile Estates and spoke about traffic enforcement in Buellton.

A.J. Tarman, Buellton, requested traffic enforcement along Highway 246 to slow vehicle speeds through Buellton.

CONSENT CALENDAR
Council Member Silva recused himself from Consent Calendar Item 4 due to the proximity of his residence to the project location listed in Resolution No. 23-21.

1. Minutes of October 26, 2023 Regular City Council Meeting

City Council Meeting Minutes Page 2 November 9, 2023

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024

3. Financial Report for First Quarter Ending September 30, 2023 MOTION:

Motion by Vice Mayor Sanchez, seconded by Council Member Silva, approving Consent Calendar Items 1-3 as listed.

VOTE:

Motion passed by a roll call vote of 4-0.

Council Member Hornick – Yes
Council Member Silva – Yes
Vice Mayor Sanchez – Yes
Mayor King – Yes

4. Resolution No. 23-21 – “A Resolution of the City Council of the City of Buellton, California, Regarding Addition of Red Curb at Vineyard Village Townhomes Emergency Access Driveway on North McMurray Road”
MOTION:

Motion by Council Member Hornick, seconded by Mayor King, approving Consent Calendar Item 4 as listed.

VOTE:

Motion passed by a roll call vote of 3-0.

Council Member Hornick – Yes
Vice Mayor Sanchez – Yes
Mayor King – Yes

PRESENTATIONS
None

PUBLIC HEARINGS

None

COUNCIL MEMBER COMMENTS/ITEMS
Council Member Hornick requested that staff review the City’s sign ordinance and determine whether it needs to be updated.

Vice Mayor Sanchez thanked Kathy Vreeland and the Buellton Chamber of Commerce for hosting a ribbon cutting event at Rock 12 Distillery on November 3.

City Council Meeting Minutes Page 3 November 9, 2023

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Mayor King announced that he attended the Santa Ynez
Valley Community Aquatics Foundation meeting and provided an oral report for the record.

BUSINESS ITEMS

5. Discussion of Enchanted Garden Holiday Lights Festival and Cowboy Christmas Events
RECOMMENDATION:

That the City Council consider allowing deviations from adopted policy pertaining to size and frequency limits of events in River View Park, in order to allow both the Enchanted Garden and Cowboy Christmas events for 2023 and authorize the City Manager to review and approve future applications for both events.

STAFF REPORT:

Planning Director Keefer presented the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed potential parking issues surrounding River View Park.

Andres Nuño, with En Fuego Events discussed the Enchanted Garden Holiday Lights Festival and thanked the Council for their support.

Bob Sweeney, representing SYV Horseback Rides spoke about the “Cowboy Christmas” event and thanked the Council for their support.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Silva, seconded by Council Member Hornick authorizing both the Enchanted Garden Holiday Lights Festival and Cowboy Christmas events to occur in 2023 and allowing the City Manager to review and approve future applications for both events.

City Council Meeting Minutes Page 4 November 9, 2023
VOTE:

Motion passed by a roll call vote of 4-0.

Council Member Hornick - Yes
Council Member Sanchez – Yes
Council Member Silva – Yes
Mayor King – Yes

6. Consideration of a Request for Funds to Purchase Decorations for Winter Fest RECOMMENDATION:

That the City Council consider authorizing the expenditure of General Fund monies in an amount not to exceed $5,000 for the purpose of purchasing commercial-grade decorations for the annual Winterfest event.

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed the potential of displaying a live Christmas tree in Buellton.

Kathy Vreeland, Executive Director of the Buellton Chamber of Commerce and Visitors Bureau thanked the Council for their support of decorations for Winter Fest.

MOTION:

Motion by Council Member Silva, seconded by Vice Mayor Sanchez, authorizing General Fund monies in an amount not to exceed $5,000 for the purpose of purchasing commercialgrade decorations for the annual Winterfest event and requesting staff to prepare the necessary budget amendment to accommodate this expenditure.

VOTE:

Motion passed by a roll call vote of 3-1, with Council Member Hornick voting no.

Council Member Hornick – No
Council Member Sanchez – Yes
Council Member Silva – Yes
Mayor King – Yes

7. SYV Horseback Rides – Proposal to Modify License Agreement for Proposed Expansion of Use
RECOMMENDATION:

That the City Council consider use expansion for SYV Horseback Ride facility.

STAFF REPORT:

Planning Director Keefer presented the staff report.

City Council Meeting Minutes Page 5 November 9, 2023
SPEAKERS/DISCUSSION:

The City Council discussed the following issues:
• License agreement process
• How best to use the subject property in the future
• Various concerns surrounding the proposed use expansion Bob Sweeney, representing SYV Horseback Rides spoke about the expanded uses at SYV Horseback Ride facility and thanked the Council for their support.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Silva, seconded by Council Member Hornick approving the proposed changes in operation for SYV Horseback Ride facility and authorizing an application to be filed with the Planning Commission to amend the Conditional Use Permit.

VOTE:

Motion passed by a roll call vote of 4-0.

Council Member Hornick - Yes
Council Member Sanchez – Yes
Council Member Silva – Yes
Mayor King – Yes

8. McMurray Road/Highway 246 Improvement Project
RECOMMENDATION:

That the City Council consider upholding the bid protest filed by Taylor Jane Construction, reject the RDZ bid, and award the McMurray Road/Highway 246 Improvement Project construction contract to Taylor Jane Construction in the amount of $1,020,241.00, plus a contingency amount of 10% ($102,024.10), total contract amount of $1,122,265.10, and approve a budget adjustment of $922,265.10 to Project 092-307.

STAFF REPORT:

Public Works Director Hess presented the staff report.

SPEAKERS/DISCUSSION:

Pedro Rodriguez, Owner of Rdz Contractors, Inc., discussed his bid appeal, distributed handouts for the record, and answered questions from the Council regarding the project.

City Attorney Murphy explained the bid appeal process, the confusion surrounding the project’s bid, and the recommended path going forward, including rebidding the project.

MOTION:

Motion by Council Member Silva, seconded by Council Member Hornick directing staff to rebid the McMurray Road/Highway 246 Improvement Project.

City Council Meeting Minutes Page 6 November 9, 2023
VOTE:

Motion passed by a roll call vote of 4-0.

Council Member Hornick - Yes
Council Member Sanchez – Yes
Council Member Silva – Yes
Mayor King – Yes

9. Establishment of City Council Priorities for 2024
The City Council agreed by consensus to move Item 9 to the December 14, 2023 agenda.

10. Consideration of Investigating Extended Library Hours RECOMMENDATION:

That the City Council consider expanded Library hours and direct staff accordingly.

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed conducting a study to expand Library hours and possibly incorporating “Friends of the Library” volunteers to assist at the Library.

DIRECTION:

The City Council agreed by consensus to conduct a study to determine whether Library hours should be expanded and the potential of adding volunteers to assist at the Library.

CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.

ADJOURNMENT
Mayor King adjourned the regular meeting at 8:02 p.m. The next regular meeting of the City Council will be held on Thursday, December 14, 2023 at 6:00 p.m. __________________________
Dave King
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: December 14, 2023
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024
______________________________________________________________________________

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 10/28/2023 through 12/01/2023 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 and electronic fund transfers issued for the period of 10/28/2023 through 12/01/2023 was $1,458,337.60.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for FY 2023/24. 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 10/28/2023 through 12/01/2023.

ATTACHMENTS
Attachment 1 – Claims

EXHIBIT A - A/P Packets processed
A/P Packet# APPKT02203 132,305.67
A/P Packet# APPKT02201 10,407.94
A/P Packet# APPKT02190 670,314.03
A/P Packet# APPKT02188 46,616.32
A/P Packet# APPKT02185 127,806.12
Total A/P Packets: $987,450.08 (15 pages)
(1 page)
Utility Packet #UBPKT03249 107.43 (1 page)
Utility Packet #UBPKT03285 18.30
Total of checks issued: $987,575.81
EXHIBIT B - Payments via Electronic Fund Transfer (EFT) EFT Total: $277,342.10
Payroll processed
Staff Payroll 11/3/2023 63,650.14
Staff Payroll 11/17/2023 61,409.80
City Council Payroll 11/22/2023 2,973.16
Staff Payroll 12/1/2023 65,386.59
Total Payroll: $193,419.69
Disbursement from Capital Lease Proceeds
TOTAL AMOUNT OF CLAIMS: $1,458,337.60

CONSOLIDATED CLAIMS DISBURSEMENT

BACK-UP/SUPPORT DATA IS AVAILABLE FOR COUNCIL REVIEW IN CITY HALL The following is a list of claims for the period of October 28, 2023 through December 01, 2023 for ratification by the City Council at the December 14, 2023 City Council Meeting.
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval FY2023-2024

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: December 14, 2023

Subject: Monthly Treasurer’s Report – October 31, 2023
______________________________________________________________________________

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 8, 2023, Council adopted the current Investment Policy per Resolution 23-13 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 October 31, 2023. 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 receive and file the Treasurer’s Report for the month ending October 31, 2023.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – October 31, 2023

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in October 31, 2023
December 14, 2023
This report presents the City’s cash activity and investment portfolio as of October 31, 2023. The report includes:
1) Cash and investments at October 31, 2023 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 October 31, 2023
The following schedule is a summary of the City’s cash and investments based on recorded value as of October 31, 2023 compared with the prior month.

September 30, 2023 October 31, 2023 $ Change
Cash - Pooled $ 6,585,732.92 $ 6,698,237.65 $ 112,504.73 Investments held by the City 17,048,344.30 17,159,451.74 $ 111,107.44 TOTAL CASH AND INVESTMENTS $ 23,634,077.22 $ 23,857,689.39 $ 223,612.17 Summary of activity for the Month and Future Liquidity: The majority of the difference in the recorded value for cash and investments held by the City from last month is mainly due to the receipt of August 2023 sales tax revenue and September 2023 transient occupancy tax offset with the monthly Sheriff Service cost and annual payment to the City of Goleta for library services. The value of investments also changed due to interest earnings on the money market fund and 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 O c t o b e r 3 1 , 2 0 2 3
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:
13,359,624.33
3,456,105.01
(1,832,634.08)
7,957,954.87
(2,757,564.75)
159,149.39
37,147.60
637,704.49
370,742.82
15,905.90
903,091.25
774,582.81
366,393.38
-
-
409,486.37
-
23,857,689.39
6,682,603.20
5,369,022.79
15,634.45
2,824,989.40
8,965,439.55
Pooled Cash - Webster Bank Escrow - -
23,857,689.39
999-21000 Wages Payable - -
23,857,689.39
23,857,689.39
23,857,689.39
Per Statements: 10/31/2023
Mechanics General Checking 6,861,393.08
Mechanics Money Market 5,369,022.79
Mechanics FSA 15,634.45
Local Agengcy Investment Fund (LAIF) 8,965,439.55
Multi-Bank Securities Bank 2,824,989.40
Webster Bank - Escrow -
Total Cash Per Statement: 24,036,479.27
Claim on Cash vs Total (178,789.88)
Outstanding Items: (178,789.88)
Difference: (0.00)
TOTAL DUE TO OTHER FUNDS 23,634,077.22 223,612.17
TOTAL: Cash in Bank 23,634,077.22 223,612.17

DUE TO OTHER FUNDS
999-27000 Due To Other Funds 23,634,077.22 223,612.17
999-10006 -
TOTAL: Cash in Bank 23,634,077.22 223,612.17
-
999-10004 Pooled Cash - Brokerage 2,812,067.49 12,921.91 999-10005 Pooled Cash - LAIF 8,885,315.35 80,124.20
999-10002 Pooled Cash - Money Market 5,350,961.46 18,061.33 999-10003 Pooled Cash - FSA 14,685.64 948.81
TOTAL CLAIM ON CASH 23,634,077.22 223,612.17

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 6,571,047.28 111,555.92 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 72,767.08 336,719.29
075-10000 Claim On Pooled Cash 364,877.53 1,515.85
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 866,277.03 36,814.22
032-10001 Claim On Pooled Cash 962,703.11 (188,120.30)
027-10000 Claim On Pooled Cash 370,467.40 275.42
029-10000 Claim On Pooled Cash 18,281.61 (2,375.71)
024-10000 Claim On Pooled Cash 36,993.91 153.69
025-10000 Claim On Pooled Cash 610,697.36 27,007.13
021-10000 Claim on Pooled Cash (2,757,564.75) -
023-10000 Claim On Pooled Cash 158,409.29 740.10
006-10000 Claim on Pooled Cash (1,832,355.08) (279.00)
020-10000 Claim On Pooled Cash 7,939,709.97 18,244.90

CLAIM ON CASH
001-10000 Claim On Pooled Cash 13,302,116.27 57,508.06
005-10000 Claim On Pooled Cash 3,520,696.49 (64,591.48) Bank Reconciliation - October 2023
City of Buellton, CA
For the Period Ending 10/31/2023
10/1/2023

BALANCE

CURRENT

ACTIVITY
10/31/2023
BALANCE ACCOUNT # ACCOUNT NAME

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 O c t o b e r 3 1 , 2 0 2 3
P a g e | 3
City of Buellton
Investment Summary
October 31, 2023
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 52.70% 3.59% n/a n/a $ 8,965,439.55 $ 8,965,439.55 First Technology Bank Fed Cr Union 0.61% 3.60% 5 yrs. 12/26/2023 103,000.00 102,714.69 First Technology Bank Fed Cr Union 0.59% 3.35% 5 yrs. 2/6/2024 100,000.00 99,449.00 Comenity Cap Bank 0.94% 2.80% 5 yrs. 4/15/2024 160,000.00 158,080.00 Morgan Stanley Bank 0.59% 2.75% 5 yrs. 5/2/2024 100,000.00 98,637.00 Capital One Bank 0.59% 2.00% 5 yrs. 8/21/2024 100,000.00 97,100.00 Morgan Stanley Bank 0.59% 1.90% 5 yrs. 1/23/2025 100,000.00 95,524.00 State Bk India 1.18% 1.60% 5 yrs. 4/29/2025 200,000.00 188,390.00 Sallie Mae Bank 0.71% 0.80% 5 yrs. 7/1/2025 120,000.00 110,794.80 Third Fed Savings 1.44% 3.50% 5 yrs. 6/28/2027 245,000.00 230,081.95 Morgan Stanley Bank 0.61% 3.75% 5 yrs. 6/28/2027 104,000.00 98,506.72 Capital One National Association 1.43% 4.30% 5 yrs. 9/30/2027 242,514.04 234,471.80 Global Federal Credit Union 1.46% 4.60% 5 yrs 4/17/2028 249,000.00 241,027.02 United States Treasury Bill 6.02% 5.20% 6 mo. 12/21/2023 1,024,000.00 1,016,463.36 Multi-Securities Bank - Cash in Holding 53,749.06
Money Market (Held with Mechanics Bank) 30.56% 3.92% n/a 5,200,000.00 5,369,022.79 Total City Investments 100.00% $ 17,012,953.59 $ 17,159,451.74 Certificates of Deposits (Held with Multi-Securities Bank) U.S. Treasury Securities (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 O c t o b e r 3 1 , 2 0 2 3
P a g e | 4
The following is a fund balance schedule showing beginning fund balance at July 1, 2023 plus revenues minus expenditures for the period, resulting in ending fund balance at October 31, 2023.

Fund balance includes total assets and liabilities of the City.

As required by Government Code Section 53646 (b) (3), the chief financial 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 October 31, 2023
Balance
3,040,796.48 3,202,611.80 13,735,381.30
445,740.26 528,451.33 2,852,319.82
006 - Wastewater Capital - 46,142.43 304,938.30
020 - Water Fund 1,039,866.24 979,117.84 8,152,117.69
021 - Water Capital - 3,301.69 302,831.43
1,286.73 - 495,139.55
228.15 - 36,741.23
89,669.71 38,180.43 632,510.40
027 - Local Transportation Fund 3,976.78 6,666.64 367,396.50 029 - Transportation Planning 121.93 18,572.49 (121,461.82) 031 - Measure A 122,589.38 10,571.01 975,276.72
032 - American Relief Act Fund 6,151.95 267,172.33 (253,825.98) 075 - Trust & Agency Fund 2,225.49 - 14,059.24
090 - Long-Term Debt - - (4,107,720.67)
091 - General Fixed Assets - - 26,470,786.40
614,474.88
5,715,262.87 49,856,490.11
Fund Balance Report
City of Buellton, CA 10/31/2023
Fund July 1, 2023
Balance
Total Revenues
025 - Gas Tax Fund 581,021.12
001 - General Fund 13,897,196.62
005 - Sewer Fund 2,935,030.89
351,080.73
8,091,369.29
306,133.12
023 - Housing Fees 493,852.82
024 - Traffic Mitigation Fund 36,513.08
-
50,204,625.00 5,367,127.98
370,086.36
(103,011.26)
863,258.35
7,194.40
11,833.75
(4,107,720.67)
26,470,786.40
092 - Capital Improvement Proj Fund - 614,474.88

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: Rose Hess, Public Works Director
Meeting Date: December 14, 2023

Subject: Consideration of MOU for CDBG Implementation with Santa Ynez Valley Community Outreach
______________________________________________________________________________

BACKGROUND
The Santa Ynez Valley Community Outreach (SYVCO) has received a Community Development Block Grant (CDBG) in the amount of $184,885 for the procurement and installation of various improvements to enable SYVCO’s expansion into facilities located at 140 W. Highway 246 (existing library).

Under the attached Memorandum of Understanding (MOU), the City will assist SYVCO with implementation and compliance. The City will handle the construction bidding, administration and contracting. As the project progresses, the City will invoice SYVCO for staff time and construction costs. The MOU details the roles and responsibilities of the City and SYVCO. In addition to reimbursement to the City for all construction costs estimated in the amount of $174,885, the City will also be reimbursed for administrative costs in the form of staff time estimated in the amount of $10,000.

FISCAL IMPACT
Expenditures made on this project will be reimbursed with CDBG funds through SYVCO, and therefore is expected to result in no net cost to the City. The City will need to do a budget amendment to add this project to the Capital Improvement Projects. $184,885 should be added to for total project costs.

RECOMMENDATION
That the City Council approve the MOU and approve a budget amendment in the amount of $184,885 adding the project to the City’s Capital Improve Projects.

ATTACHMENTS
Attachment 1 - MOU

Memorandum of Understanding
City of Buellton and Santa Ynez Valley Community Outreach December 2023

This Memorandum of Understanding (MOU) is entered into by and between the City of Buellton (City) and the Santa Ynez Valley Community Outreach (SYVCO) to outline roles and responsibilities in the implementation of grants.

1. Purpose of this MOU
Under this MOU, the City will assist SYVCO with implementation of its Community Development Block Grant (“CDBG”) grant through the procurement and installation of certain improvements to enable SYVCO’s expansion into facilities located at 140 W. Highway 246 (existing public library, the “Site”).

2. City Duties
The City of Buellton will act as project manager to solicit bids for, provide general coordination with the Santa Barbara County CDBG staff on, and generally administer the construction contract for the improvements at the Site. The City will prepare bid documents and plans/specifications in coordination with SYVCO, perform the bid process and project management, and complete the compliance reports/updates.

3. SYVCO Duties
SYVCO will provide and maintain its CDBG grant contract with the Santa Barbara County CDBG staff.

SYVCO will also provide support to the City in report and compliance updates as required under the CDBG Grant requirements.

3. Financial Considerations and Payment Terms
SYVCO has obtained a CDBG Grant in the amount of $184,885 for the facility upgrades to the Site. These monies will be reimbursed to the City upon completion of the facility upgrades. At this time, the costs are broken down as follows:
*Construction Activities (Contractor): $174,885
*Contract Administration (City): $ 10,000
Total: $184,885
The City will provide an invoice to SYVCO for all construction activities completed to date and contract administration activities completion to date. The City will submit invoices no more frequently than monthly.

SYVCO will submit a reimbursement request to Santa Barbara County CDBG staff. Monies reimbursed from the County will then be utilized as payment for the City of Buellton’s invoices.

Total project costs will not exceed $184,885.

4. Indemnify, Defend, and Hold Harmless

Each partner, and its agents, employees and contractors shall act in an independent capacity and not as officers, employees, or agents of any other partner. No partner assumes any liability for the activities of another partner in the performance of this MOU, and each partner is responsible in proportion to its respective fault for all liability, including but not limited to personal injury or property damage that may arise out of this MOU. Each partner expressly agrees to defend, indemnify, and hold harmless the other partner and their directors, supervisors, officers, agents and employees from and against any and all loss, liability, expense, claims, suits, and damages, to the extent arising out of or resulting from the negligent acts, errors or omissions, or the intentional or willful misconduct of the indemnifying partner, its associates, employees, sub-consultants, or other agents, in the operation of and/or performance of this MOU. This provision will survive the expiration or termination of this MOU.

5. Term of this MOU
This MOU will terminate upon completion of the facility upgrades or on December 31, 2024. The City or SYVCO may terminate this MOU effective 30 days after either party gives notice. This MOU can be extended upon written agreement of all partners.

6. Notices
All notices or other official correspondence relating to MOU matters between the City and SYVCO shall be addressed to:

City: Scott Wolfe, City Manager
PO Box 1819
Buellton, CA 93427
SYVCO: Pam Gnekow, CEO
PO Box 1946,
Buellton, CA 93427

7. Severability
If any section, paragraph, sentence, clause or provision of this MOU shall, for any reason, be held to be invalid or unenforceable, then the invalidity or unenforceability of such section, paragraph, sentence, clause or provision shall not affect any of the remaining provisions of this MOU.

8. Amendments
This MOU may only be amended in writing and approved and signed by all parties.

In witness whereof, the partners hereto have executed this MOU.

City of Buellton:

City Clerk: City Manager:

Linda Reid Date Scott Wolfe Date
Santa Ynez Valley Community Outreach:

Chief Executive Officer:

Pam Gnekow Date

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: Rose Hess, Public Works Director/City Engineer
Meeting Date: December 14, 2023
Subject: Resolution No. 23-22 - “A Resolution of the City Council of the City of Buellton, California, Authorizing Submittal of Individual Grant Applications for All Grant Programs for Which the City of Buellton is Eligible”
______________________________________________________________________________

BACKGROUND
Pursuant to Public Resources Code section 48000 et seq., the California Department of Resources Recycling and Recovery (CalRecycle) administers various grant programs to help further the State’s efforts to reduce, recycle and reuse solid waste generated.

The City of Buellton has applied for SB1383 Local Assistance Grant Program (LAG) for funds to assist in the implementation of SB1383. Grant application amount is $75,000 and if awarded, would be paid via reimbursement. Applications were due November 15, 2023. The program requires the City to submit a Resolution from its governing body authorizing their designee to submit applications and follows all the appropriate procedures required with each grant/program.

FISCAL IMPACT
The SB1383 LAG Program will provide the City $75,000 by reimbursement of programmed eligible expenses.

RECOMMENDATION
That the City Council consider approval of Resolution No. 23-22 - “A Resolution of the City Council of the City of Buellton, California, Authorizing Submittal of Individual Grant Applications for All Grant Programs for Which the City of Buellton is Eligible”

ATTACHMENTS
Resolution No. 23-22

RESOLUTION NO. 23-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BUELLTON, CALIFORNIA, AUTHORIZING

SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS

FOR ALL GRANT PROGRAMS FOR WHICH THE CITY

OF BUELLTON IS ELIGIBLE
WHEREAS, pursuant to Public Resources Code section 48000 et seq., authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and
WHEREAS, Buellton desires to submit applications to CalRecycle for any grants it may be eligible to receive.

NOW, THEREFORE, BE IT RESOLVED:

SECTION 1. That the City of Buellton authorizes the submittal of applications to CalRecycle for all grants for which the City of Buellton is eligible.

SECTION 2. That the Public Works Director, or their designee, is hereby authorized and empowered to execute in the name of the City of Buellton all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.

SECTION 3. That these authorizations are effective until rescinded by this governing body.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Resolution No. 23-22 Page 2 December 14, 2023
PASSED, APPROVED, and ADOPTED this 14h day of December 2023. __________________________________
Dave King
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 City Council

From: Shannel Zamora, Finance Director

Meeting Date: December 14, 2023

Subject: Filing of an Amended Claim with the Santa Barbara County Association of Governments (SBCAG) for Revised Allocation of Transportation Development Act Funds (TDA) and for State Transit Assistance (STA) Fund 2022-23 Apportionments for Fiscal Year 2022-23
______________________________________________________________________________

BACKGROUND

On March 24, 2022, City Council authorized the filing of TDA claim funds for Fiscal Year 2022-23. On November 2, 2023, SBCAG revised the TDA and STA claim amounts for Fiscal Year 2022-23. Attachment 1 is the staff report from SBCAG recommending local agencies amend their 2022-23 claim forms in order to claim the 2022-23 revised apportionments.

Buellton’s revised maximum apportionment for Fiscal Year 2022-23 is $301,834. The original FY 2022-23 apportionment was $288,796. Amounts for Regional Transportation Planning and Bikes and Pedestrians have been determined by SBCAG.

The revised TDA claim is as follows:

Regional Transportation Planning: $ 8,874
Pedestrian and Bikeway Facilities: $ 6,037
Total TDA Claim: $ 14,911
The revised Local Transportation Fund apportionment will be distributed as follows:

Maximum Apportionment for 2022-23 $ 301,834
Less Total TDA Claim $ 14,911
Amount to be released to City of Solvang $ 286,923
STA is one of two state transit-funding programs under the Transportation Development Act (TDA). STA funding is based on actual revenues from sales tax on diesel fuel. STA funds are received from the State per a population-based formula. STA funds may be used by local agencies for public transit and transportation planning purposes with priority given

TDA Claim Page 2 December 14, 2023
to public transit. Attachment 2 is the staff report from SBCAG recommending local agencies amend their 2022-23 claim forms in order to claim 2022-23 STA apportionments.

The STA apportionment will be distributed as follows:

Maximum Apportionment for 2022-23 $ 69,880

FISCAL IMPACT

The City will receive $301,834 as its maximum apportionment for Fiscal Year 2022-23, $286,923 of which will be paid directly to the City of Solvang for operation of the Santa Ynez Valley Transit. The maximum STA apportioned to the City of Buellton is $69,880 for Fiscal Year 2022-23. The apportionment will be disbursed during Fiscal Year 2023-24.

RECOMMENDATION
That the City Council authorize the amended 2022-23 claim to be filed with SBCAG for the purpose of claiming Fiscal Year 2022-23 TDA funding and STA funding.

ATTACHMENTS
Attachment 1 – Staff report from SBCAG showing revised TDA apportionment Attachment 2 – Staff report from SBCAG showing revised STA apportionment Attachment 3 – 2022-23 Amended TDA Claim

STAFF REPORT
Technical Transportation Advisory Committee (TTAC)
MEETING DATE: November 2, 2023
STAFF CONTACT: Dave Troutner, SBCAG
SUBJECT: TRANSPORTATION DEVELOPMENT ACT/LOCAL TRANSPORTATION FUND FINAL ALLOCATIONS FOR FY 2022-23
ATTACHMENTS: LTF Final Apportionment
RECOMMENDATION:

Receive revised estimate for Fiscal Year 2022-23 Transportation Development Act - Local Transportation Fund apportionments for development of revised claims by claimants.

DISCUSSION:

The County of Santa Barbara Auditor Controller has provided a revised estimate incorporating year end balances in the Local Transportation fund. On March 17, 2022 the Board was provided with an initial estimates of $23,580,000. Due to positive sale tax collections, revenues exceed this amount by $1,058,275. This represents an increase of over 4% with a final amount collected and available to claimants of $24,638,275.The recommended revised apportionments are displayed in the attached summary of Local Transportation Fund-Final Apportionments for FY 2022-23.

LTF funds are apportioned among the eligible claimants by population and are generated from 1/4 cent state sales tax. Revenues can be used for public transit, paratransit, pedestrian and bikeway projects, transportation planning and, under certain circumstances, for street and road purposes.

Local agencies must submit revised FY 22-23 claims using the attached revised apportionment amounts for their jurisdictions. Claims must be received by Dave Troutner no later than November 30, 2023.

The TDA manual and associated forms to reference when completing your revised claim can be found on the SBCAG website at : http://www.sbcag.org/documents.html#transitresources

% 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% $301,834 $6,037 $8,874 $286,923 Guadalupe 8,346 1.8917792% 463,497 9,270 13,627 418,570 4 Lompoc 42,493 9.6318443% 2,359,857 47,197 69,380 2,243,280 Santa Maria 107,445 24.3544468% 5,966,980 119,340 175,429 5,388,600 4 Solvang 5,512 1.2493993% 306,110 6,122 9,000 290,988
SB County (Unincorp. 62,603 14.1902367% 3,476,690 69,534 102,215 3,216,325 4 North County)
SMOOTH (S. M. Valley CTSA) $394,256
So. Co. Claimants 209,338 47.4503478% 11,625,608 232,512 341,793 552,565 10,498,738 (See Below)
Total: 441,172 100.0000000% $24,500,575 3 $490,012 $720,318 $946,821 $22,343,424

SOUTH COUNTY

CLAIMANTS
SBMTD 209,338 $10,840,531 $341,793 $10,498,738
Easy Lift 552,565 $552,565
Carpinteria 13,196 2.9911236% 14,657 $14,657
Goleta 32,339 7.3302476% 35,919 35,919
Santa Barbara City 93,055 21.0926804% 103,356 103,356
SB County (Unincorp. 70,748 16.0362962% 78,580 78,580
South County)
Total: 209,338 47.4503478% $11,625,608 $232,512 $341,793 $552,565 $10,498,738 1 January 2022 Department of Finance figures.
2 TDA revenue revised actual revenues from County Auditor-Controller, October 2023 3 Per PUC section 99233.1 allocation has been reduced by $137,700 for administration (Estimate 24,638,275-137,700=24,500,575) 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

STAFF REPORT
Technical Transportation Advisory Committee (TTAC)
MEETING DATE: November 2, 2023
STAFF CONTACT: Dave Troutner, SBCAG
SUBJECT: STATE TRANSIT ASSISTANCE FISCAL YEAR 2022-23
ATTACHMENTS: Attachment A - Apportionment of State Transit Assistance Funds Fiscal Year 2022-23
RECOMMENDATION:

Receive and recommend for approval by the SBCAG board FY 22-23 State Transit Assistance (STA) Fund Apportionments, to be claimed through revision of the Transportation Development Act (TDA) Claim Forms for FY 23-24 by partner agencies.

DISCUSSION:

The State Transit Assistance (STA) program is one of two state transit-funding programs under the Transportation Development Act (TDA). Statewide STA funding is based on revenues from sales tax on diesel fuel. STA uses actual revenue received versus an estimate of payments. These payments are received quarterly from the State. Funds are available to transit operators for operations or capital on an annual basis. The Santa Barbara County region receives STA funds from the State per population formula and transit operators are allocated funds from the State per farebox revenue as reported to the State.

Attached for TTAC review are the STA apportionments (Attachment A) for FY 2022-23. The $6,256,168 in PUC Section 99313 funds (an apportionment based on population) and $1,575,513 in PUC Section 99314 funds (an apportionment based on fare revenues received), totaling $7,831,681 in revenues available. This is an increase of approximately 53% of what was available for apportionment last fiscal year of $5,124,445.

STA funds may be used by local agencies for public transit and transportation planning purposes with priority given to public transit. STA funds can only be used for transit operations if claimants satisfy the STA qualifying criteria mandated by state law. The State Controller apportions Section 99313 funds to the Santa Barbara County region based on statewide population. SBCAG, as the Regional Transportation Planning Agency, in turn apportions the funds by population between four transit planning areas in the Santa Barbara County region: Santa Barbara South Coast, Santa Maria Valley, Lompoc Valley, and Santa Ynez/Cuyama Valleys.

STA Claims
Local agencies are required to amend their FY 2023-24 TDA claim forms if they choose to claim FY 2022-23 STA funds. Claimants are asked to work cooperatively when developing their individual claims so that the total claims filed for each apportionment area do not exceed the apportionment reported for that area. To assist claimants with the preparation of claims, SBCAG has produced an STA Claim Manual which is available on SBCAG’s website located at, http://www.sbcag.org/documents.html#projectsprograms
Documentation when Submitting Claims

When submitting an STA fund claim, the claimant must submit the following to SBCAG:
 Revised Document A (current fiscal year TDA claim form)  New Document B (Resolution) this is only required if LTF amendments are not authorized in your original LTF resolution
 Revised Document D, Parts A and B (Capital and Operating budgets for the coming fiscal year for each project)
 New Document I (only applies to STA claim)
 STA checklist
As a reminder, when submitting an STA claim for operating expenses, operators are asked to provide validation of meeting the requirements as detailed in the STA claim manual – pages 6 and 7.

Because funds are allocated a year in arrears, claims for operating expenses should be submitted against the funding year (FY 22-23), not the claim year.

Claims for STA funds are due to Dave Troutner at SBCAG no later than November 30th, 2023. The Apportionments shown in Attachment A will be presented to the SBCAG Board for approval on December 21, 2023.

If a claimant has questions, please contact Dave Troutner at 805.961-8903 or by email at [email protected]

 














 
 






!
"#$
%
 &#
"' ())*+,-*./0.,12-3-4205
*6
7*,829:
;<;;=;> (+08 ?28-/8.,@A*)B28,-*.A*)B28,-*.())*+,-*./0.,@ 18@C D-6, I

EFFGH;; JKL7M

;GNO>GOE> J*B,P
?*8@,J8.,8
K8+48+8QOGFEQ ?8+)-.,0+-8E;GNEE R*20,8>;GFF; ?*B.,CNFGFHF STUVWVXY;<OG<ZOFZ[>;H;>5 _

\]]\^^ JL``7a I

E<QGZ>O J8.,8
L8+-8J8.,8
L8+-8E<HGFNN

EGHFHGN;E b8220C RB8c82B)0QGOEO

EEFG>>O ?*B.,C>OGN;Z STUVWVXYEO>GNEQ>F[N;QNQ5 _

\d\e D*/)*fF>GFH> I

QOFGHFE D*/)*f
b8220C?*B.,CEZGHHF STUVWVXYZ<GFQNE>[ZZOON5 _

]g^\^ J8.,8
:.0hKB022,*.FGHFF I

ZHGQQ< i
?BC8/8 J*2j8.3OGZZH

;FFG>H> b8220C@ ?*B.,Ck

EOGQ><

J[:[b8220C
l.-.f[EEGZ;;

?BC8/8
b8220CEGE;< STUVWVXY;>G>OOO[;NZF;5 _

\ 



&

"FF;GZ;OE<<[<<<<<5 _

e\ge\e] 


^
#m# #
!
"#$
%
 &#
"' 9:
;<;;=;> ?28-/8., ())*+,-*./0.,@ RB8c82B)0 I

ZGN<H D*/)*f

E>GEN> J8.,8
L8+-8

QNGFO> J*2j8.3 E<G<ZN JKL7M

EG><EGN;N JK?(R=?208.
(-+
1n)+0@@

EOZG>QF 


_

\gdg\g oWpTYXVqWr
sqtTuvw
suWx
yz{
|}Xr
~~€ {Tr‚w
Xuv
suWx
{ƒ
~~„~€
UTV
uv
vq†v‚
sTYY‡
qr
{ƒ
~€„~ˆ &# $#$

&


^

AMENDED 11/30/2023

AMENDED 11/30/2023

AMENDED 11/30/2023

Line Prior Year (FY) Project Year (FY)
1 Budget Year 2021-22 2022-23
2 Total Eligible Operating Cost
3 Estimated Fares
4 Operating Deficit (subtract Line 3 from Line 2) $ - $ - Other Operating Revenues
5 Property Taxes
6 Local Transportation Fund $ 4,601.00 $ 6,037.00
7 LTF Balance from Prior Year
8 State Transit Assistance Fund $ 39,382.00 $ 116,195.00 9 Federal Operating Assistance
10a Measure D/A - Local
10b Measure D/A - Regional
11 Other (specify):
12 Other (specify):
13 Other (specify):
14 Net Surplus/(Deficit) (add Lines 5-13 to Line 4) $ 43,983.00 $ 122,232.00 Footnotes
Reference: CCR Section 6632
DOCUMENT D, PART A (Instructions on pages 4-7 and 4-8)
(All transit claimants must complete this document)

PROPOSED OPERATING BUDGET
AMENDED 11/30/2023 Page 56 of 402
AMENDED 11/30/2023

AMENDED 11/30/2023

AMENDED 11/30/2023

AMENDED 11/30/2023

AMENDED 11/30/2023

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: December 14, 2023
Subject: Resolution No. 23-24 – “A Resolution of the City Council of the City of Buellton, California, In Support of Allan Hancock College Offering a Bachelor’s Degree”
______________________________________________________________________________

BACKGROUND
As a significant educational institution in northern Santa Barbara County, Allan Hancock College (AHC) represents an important resource for generating educational opportunities to north county residents. Currently, Allan Hancock’s curriculum only contains programs leading to a 2-year (Associate’s) degree. This leaves north county students without a local, readily available, path to a 4-year (Bachelor’s) degree. Both local universities (UCSB and Cal Poly SLO) represent larger, highly competitive institutions which draw students from around the world, and therefore are able to accommodate relatively few local students.

In an effort to give local students an option to obtain a Bachelor’s degree without having to leave the area, AHC is petitioning the California Community Colleges Board of Governors to be permitted to offer a Bachelor’s degree program. This degree, a Bachelor of Applied Professional Studies degree, would empower graduates to work in today’s highly competitive and technical workforce, allowing the influx of new employers coming to the region to hire our own residents, rather than having to import employees from other areas. The benefits of such a program would benefit the individual students and their families, as well as our local and regional economies, providing tangible financial benefits for all of the north county.

The attached resolution establishes the City Council’s support of AHC and its potential to enhance our region’s future by offering this new degree program.

FISCAL IMPACT
There is no fiscal impact anticipated as a result of this item.

Resolution No. 23-24 Page 2 December 14, 2024

RECOMMENDATION
Staff recommends that the City Council consider adoption of Resolution No. 23-24 – “A Resolution of the City Council of the City of Buellton, California, In Support of Allan Hancock College Offering a Bachelor’s Degree”

ATTACHMENTS
Resolution No. 23-24

RESOLUTION NO. 23-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, IN SUPPORT OF ALLAN
HANCOCK COLLEGE OFFERING A BACHELOR’S
DEGREE
WHEREAS, bachelor’s degree attainment in northern Santa Barbara County are well below the state’s average, wherein the region’s two largest cities, Santa Maria and Lompoc, have college attainment rates below 13% (compared to the statewide average of 35%); and WHEREAS, the nearest baccalaureate-granting universities to the Santa Maria area are University of California, Santa Barbara (35 miles south), and California Polytechnic State University, San Luis Obispo (65 miles north), both of which maintain international profiles that result in low admission rates for local students; and
WHEREAS, the benefits of a bachelor’s degree is well documented, with a recent nationwide study from the College Board reporting that median earnings of bachelor’s degree recipients were 65% higher than those of high school graduates with no degree; and WHEREAS, current data from the Bureau of Labor Statistics indicate that management jobs in fields such as operations, health services, transportation, and communications are in high demand and pay a livable wage in Santa Barbara and San Luis Obispo counties; and WHEREAS, Allan Hancock College, established over a century ago in 1920, is a federally designated Hispanic-serving intuition that has been recognized five times since 2011 by the Aspen Institution as a top 150 community college nationally; and WHEREAS, Allan Hancock College maintains a strong track record of partnering with regional business and industry, municipalities, agencies, and k-12 educational institutions for workforce development, and contributes in excess of $550 million annually to the local economy; and WHEREAS, Allan Hancock College is applying to the Board of Governors of the California Community Colleges to offer its first bachelor’s degree for local students who may not be able to move or commute out of the region for their education; and
WHEREAS, the proposed Bachelor of Science in Applied Professional Studies will provide practical management education through the college’s Business Department and will prepare graduates for entry-level positions in office management, human resources, and other basic business operations.

THEREFORE, BE IT RESOLVED that the City Council of the City of Buellton does hereby express its unequivocal support for Allan Hancock College in its application to the Board of Governors of the California Community Colleges to offer a Bachelor’s Degree in Applied Professional Studies.

Resolution No. 23-24 Page 2 December 14, 2023
PASSED, APPROVED and ADOPTED this 14th day of December, 2023 ____________________________
Dave King
Mayor
ATTEST:
___________________________
Linda Reid
City Clerk

CITY OF BUELLTON
City Council Agenda Staff Report

City Manager Review: SW
Council Agenda Item No.: 9
To: The Honorable Mayor and City Council
From: Andrea Keefer, Planning Director
Date: December 14, 2023
Subject: Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Denying the Appeal and Upholding the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)”

OR
Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Approving the Appeal and Overturning the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)”

BACKGROUND
A proposed project consisting of a Conditional Use Permit (21-CUP-02) for the development of a new drive-thru fast food restaurant for In-N-Out Burger and a Sign Exemption (22-EXP-01) for additional signage above the maximum allowed for the site, were filed on January 27, 2022. At its October 19, 2023 meeting, the Planning Commission held a public hearing and approved the requested permits. This decision has been appealed and is before the City Council for consideration.

Appeal Procedures
The role of the City Council in the appeal process is to review the information provided and determine whether or not the required findings can be made. In considering the appeal, the options available to the City Council are the following; 1) Uphold the Planning Commission decision to approve the project, 2) Modify the decision of the Planning Commission to approve the project, or 3) Reverse the decision of the Planning Commission and deny the project.

Resolution No. 23-23 Page 2 December 14, 2024
The appeal identifies specific grounds for which the appeal is being filed. The City Council can consider the grounds described in the appeal, as well as any other aspect of the project.

The City Council should base their decision on all of the information provided both in writing and presented verbally at the Hearing. The decision should be based on the ability (or lack thereof) of the City Council to make the required findings included in the Resolution.

Section 1.24.030.A of the Buellton Municipal Code states that “upon the timely filing of a notice of appeal in proper form, and together with the payment of the requisite appeal fee, the city clerk shall set the appeal for hearing before the city council at the earliest possible date authorized by law and shall cause written notice of the appeal, including the time, place, and date of the hearing on the appeal, to be given to the Appellant not less than five days prior to such hearing, unless such notice is waived in writing by the Appellant. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body upon whose decision the appeal was filed.” The appeal being considered was filed on October 20, 2023, and since there was not adequate time to legally notice the Public Hearing for the November 9, 2023 City Council meeting, the next “earliest possible date” to hear the appeal was December 14, 2023. Notice of the hearing date was sent to the Appellant and the property owner on November 30, 2023, more than 10 days before the appeal hearing.

Section 1.24.040.B of the Buellton Municipal Code states that the “…Appellant shall have the burden of establishing cause why the decision appealed from should be altered, reversed, or modified. The council may continue the hearing on the matter from time to time to a date certain. At the conclusion of its consideration the city council may affirm, reverse, or modify the decision appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose decision the appeal was filed. In ruling on the appeal, the finding and action of the council shall be final and conclusive in the matter.”
Project Summary
On October 19, 2023, the Planning Commission, on a 3-2 vote, approved Planning Commission Resolution No. 22-13 approving Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for the In-N-Out project.

Dian Gran, property owner, and Jim Lockington, agent (“Applicant”), and Andrew Gharibian, with Chaser Capital as the developer, submitted a proposed project consisting of a Conditional Use Permit (21-CUP-02) for the development of a new drive-thru fast food restaurant for In-N-Out Burger and a Sign Exemption (22-EXP-01) for additional signage above the maximum allowed for the site. Planning Commission Resolution No. 22-13, staff report and all attachments are included in Attachment 1. Further details about the project can be found in this attachment. A full size set of project plans has also been transmitted to the City Council.

Resolution No. 23-23 Page 3 December 14, 2024
On October 20, 2023, an appeal was filed by Carla Mead. The appeal letter and materials are included as Attachment 2. The appeal was filed in accordance with and within the timeframe of Section 1.24 of the Buellton Municipal Code and the applicable appeal fee was submitted. The basis for the appeal is inconsistency with the general plan and traffic impacts associated with the project. Therefore, this staff report focuses on the appeal issues; however, all other aspects of the project are available for City Council consideration. This means that the City Council need not limit its discussion to just the appeal issues – though those will of course be considered – and may review and evaluate the entirety of the proposed project in reaching a decision on the appeal.

Before getting into a detailed discussion of the appeal itself, a chronology of key events related to the processing of this project is included below.

November 17, 2022 Planning Commission Public Hearing
The first Planning Commission Public Hearing on the project was held on November 17, 2022. At that time, Staff recommended denial of the project and brought forward a draft Resolution with findings for denial. Staff’s recommendation was based upon traffic impacts that were expected, as analyzed in the project traffic study and subsequent peer review prepared for this project. At that hearing, however, the Planning Commission directed Staff to bring back a resolution for approval with conditions of approval and findings that aimed at addressing the concerns regarding traffic impacts. A copy of the staff report and all relevant attachments from that meeting are included as Attachment 3.

January 5, 2023 Planning Commission Public Hearing
On January 5, 2023, Staff brought back the resolution for approval, which included draft conditions of approval and findings, as requested by the Planning Commission. However, that Public Hearing was continued to a date uncertain due to an issue with incomplete AB 52 consultation. At that time, Planning Commission directed staff to conclude AB 52 tribal consultation as quickly as possible, and bring back the resolution for approval, including draft conditions and findings that aimed at addressing the concerns regarding traffic impacts.

October 19, 2023 Planning Commission Public Hearing
AB 52 consultation was concluded on September 15, 2023. The Planning Commission Public Hearing was immediately scheduled for the next available meeting, on October 19, 2023. At that Public Hearing, a revised project description, site plan, and conditions of approval were included. At the conclusion of the Public Hearing, the Planning Commission voted 3-2 for approval of the project. A copy of the staff report and attachments from that meeting are included as Attachment 1. Prior to the meeting, an email letter (dated October 18, 2023) was submitted on behalf of neighboring properties, the Chumash Employment Resource Center (CERC) and Marriott, expressing their support for the project (a copy of this email letter is included within Attachment 1). As stated above, the following day, on October 20, 2023, an appeal was filed.

Resolution No. 23-23 Page 4 December 14, 2024

APPEAL ISSUES
As justification for the appeal, the appellant has identified several issues as reasons why the City Council should consider overturning the Planning Commission approval of this permit application. These issues generally revolve around the lack of General Plan Consistency with regard to anticipated traffic conditions as a result of the construction and operation of the project as proposed.

The appellant refers to the following General Plan policies in the appeal letter submitted.

At the November 17, 2022 Planning Commission Pubic Hearing, these same policies were referenced in the Staff Report as a basis for the staff recommendation for denial of this project.

Policy L-11. New development shall incorporate a balanced circulation network that provides safe, multi-route access for vehicles, bicycles and pedestrians to neighborhood centers, greenbelts, other parts of the neighborhood and adjacent circulation routes.

Policy C-5. Level of Service "C" or better traffic conditions shall generally be maintained on all streets and intersections, lower levels of service may be accepted during peak times or as a temporary condition, if improvements to address the problem are programmed to be developed.

Policy C-8. The City should manage the street network so that the standards presented in policy C10 are not exceeded. The City will require new development to mitigate the traffic impacts it causes, or the City will limit development along streets where congestion levels are unacceptable.

Below is a summary of key points in the appeal letter pertaining to the above general plan policies:
• Level of Service D anticipated at Highway 246/McMurray Road intersection. • Inadequate storage length on Highway 101 northbound off-ramp during peak hours. • Queue at north McMurray Road through/right-turn lane at peak hours, no feasible improvements identified, causing inconvenience, traffic congestion and safety hazards.
• Caltrans concerns over the traffic impacts of this project on the Highway system.

The appellant will have an opportunity to speak on these points as well as other points that are contained in their appeal at the Hearing.

Resolution No. 23-23 Page 5 December 14, 2024

TRAFFIC STUDY AND PEER REVIEW

The Applicant has prepared a traffic study for this project. The final draft of the traffic study (dated September 30, 2022) is included within Attachment 3. The City’s Traffic Consultant, Associated Transportation Engineers (ATE) prepared a peer review of the applicant’s traffic study (dated November 9, 2022). The final peer review is also included within Attachment 3.

There were several rounds of review of the traffic study provided by the applicant. Staff and the City’s traffic consultant, ATE, worked with the applicant over a several month period, as detailed below, in an effort to obtain an acceptable level of detail and information in the applicant’s traffic study in order to conduct a complete and comprehensive peer review of the study.
• First Draft Traffic Study – Submitted on February 9, 2022  Peer Review Received on June 28, 2022
• Second Draft Traffic Study – Submitted on August 11, 2022  ATE Comment Memo Received on August 30, 2022
• Final Draft Traffic Study – Submitted on September 30, 2022 (and October 3, 2022 memo)
 Peer Review Received on November 9, 2022
On September 30, 2022, the applicant provided a draft traffic study that provided adequate information to allow the City’s traffic consultant to conduct a peer review. On November 9, 2022, the City’s traffic consultant provided a peer review on the traffic study, which lays out all of the remaining concerns pertaining to traffic impacts resulting from the project.

Further details of the concerns can be found within Attachment 3, and they are also summarized below:
 Substantial impacts to LOS at McMurray and SR 246
 Queuing operations at the McMurray/246 and 246/northbound Highway 101 off-ramp
 On-site circulation operations at the project driveway and drive-through lanes The City’s traffic consultant, Richard Pool, with ATE, will be present at the Public Hearing, and will present additional details regarding his analysis and peer review. Mr.

Pool will also be available to answer any questions that arise.

Caltrans Comments
Staff has participated in several discussions with Caltrans regarding this project. Prior to the October 19, 2023 Planning Commission Public Hearing, Caltrans provided a letter expressing concern with the project and the traffic impacts the project could bring to the City and surrounding roadway systems. A copy of this letter is included in Attachment 1.

Caltrans continues to express serious concern regarding the impacts of this project. Staff anticipates receipt of further written comments from Caltrans prior to the December 14th

Resolution No. 23-23 Page 6 December 14, 2024
hearing on this matter. Additional comments will be forwarded to the City Council upon receipt.

Santa Barbara County Sheriff’s Department Comments
Staff has participated in several discussions with the Sheriff’s Department regarding this project, both shortly after the initial permit application was submitted, and more recently following the Planning Commission’s approval. Prior to the November 17, 2022 Planning Commission hearing, the Sheriff’s Department previously submitted a letter commenting on the proposed project. A copy of the letter is included within Attachment 3. Recently, a subsequent letter (dated December 2, 2023), has been provided by the Sheriff’s Department. This letter is included as Attachment 4, and acknowledges an increase in traffic on McMurray Road and surrounding roadways. However, the Department has left the determination as to whether the roadways are adequate to accommodate the additional traffic, as well as the determination of adequacy of proposed improvements to mitigate any impacts, to the traffic engineers involved in the project.

Applicant’s Response to Appeal Letter
The applicant, In N Out, has provided a letter in response to the appeal letter received from the appellant. This letter is included as Attachment 5. The applicant presents rebuttal arguments in response to the appellant’s justifications, and presents rationale for the changing of conditions imposed by the Planning Commission with regard to the installation of traffic improvements and the identification of the applicant as the party responsible for the construction of those improvements. The applicant will be present at the hearing and will be given an opportunity to speak about the proposed project in general, as the City Council is considering all aspects of the project. The applicant will also be able to further explain its responses to the appeal.

Conditions of Approval
Included in Planning Commission Resolution No. 22-13 are a list of conditions of approval.

The conditions include the City’s standard conditions of approval, as well as some specific conditions aimed at addressing the traffic impacts that result from the project. Many of the conditions added come directly from suggested roadway improvements in the applicant’s traffic study, although the roadway improvements are suggested as possible future improvements to be installed by the City, and there is no quantified indication that such improvements will bring the project traffic impacts down to a level which do not exceed the General Plan level of service standard
As discussed in the peer review of the applicant’s traffic study, many of the improvements listed in the conditions of approval may not be feasible and/or may not adequately address the impacts that are projected to occur as a result of this project. In the event that the project is approved, the applicant and the City will be required to coordinate with Caltrans to determine what improvements will be required for the project. Caltrans has expressed concerns over the availability of adequate mitigation, given the constraints of the existing roadway infrastructure and the built-out nature of the surrounding area.

Resolution No. 23-23 Page 7 December 14, 2024
In the event the project is approved, the City can, and typically will impose conditions of approval. Language has been included the draft conditions of approval that requires certain milestones that the applicant would be required to meet with Caltrans before obtaining City permits.

Required Findings for Approval
All development projects involving discretionary review require specific findings to be made if the project is to be approved. For this project, the Planning Commission made the following findings for approval as part of Resolution No. 22-13. In considering the appeal, and as part of determining whether or not to uphold, reverse, or modify the decision of the Planning Commission, the City Council must also consider the required findings and determine whether or not the findings can be made.

Conditional Use Permit (21-CUP-02):
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.

With the imposition of conditions of approval, the project site is adequate for the level of development of the proposed project.
ii. That the significant environmental impacts are mitigated to the maximum extent feasible as the project qualifies for a Class 32 Categorical Exemption. iii. That streets and highways are adequate and properly designed pursuant to the requirements of the City Engineer. With the imposition of conditions of approval and required roadway improvements to McMurray Road and Highway 246, intersection operations will be brought to acceptable levels. 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. v. That the Project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and the proposed uses will be compatible with the surrounding area. With the imposition of conditions of approval, impacts to adjacent uses and businesses, including but not limited to McDonald’s, the Marriott Hotel and Chumash Employment Resource Center will be minimal. vi. That the project is in conformance with the applicable provisions of Title 19 (Zoning) of the Municipal Code and the General Plan because with the inclusion of proposed roadway improvements as conditions of approval, traffic impacts to the surrounding area will be reduced to acceptable levels (C-5 and C-8). Additionally, this project will expand the visitor-serving sector of the local economy (L-25), attract a new business and encourage economic development activities that provide opportunities for employment of local residents and increased municipal revenues (E-3).

Resolution No. 23-23 Page 8 December 14, 2024
vii. That the proposed development is in conformance with the Community Design Guidelines.

Findings for Drive-Through Facilities:
i. The drive-through facility is found to have no greater adverse impact upon air quality than the same use without the drive-through facility, according to the Air Quality Study conducted for the project.

Sign Exemption (22-EXP-01):
i. The existing standards do not allow for effective business identification due to a special (physical) circumstance applicable to the site, due to the topography of the site, and proximity to Highway 101.
ii. All other alternatives within the established sign standards have been examined, and the results would still not provide effective business identification. iii. The resulting sign proposal is visually compatible with the existing site and surroundings, and meets the intents and purposes of Chapter 19.04 (Sign Title).

Based upon all of the information in the record, Staff continues to have concerns with the ability of the City Council to make several of the required findings (in particular, findings i, ii, iii, v, and vi of the CUP).

It must be stated in this report that the original staff recommendation to the Planning Commission was a reflection of the professional judgement of the City staff, based upon an understanding of and sole focus on existing City Council policy as expressed in the City’s General Plan and Municipal Code (as opposed to a focus on issues that go beyond the General Plan, Code, and Council policy). Beyond the Code and policy assessment, staff also is relying upon its professional experience which demonstrates that In-N-Out Burger’s establishments, while generally beneficial to the communities that they move into in many ways, are not necessarily similar to other fast food establishments with regard to their traffic generation. Further, staff will acknowledge that there is frequently disagreement among experts, particularly when analyzing traffic impacts of proposed development. It is not uncommon for the City’s consultant to have a more conservative approach to traffic issues than an applicant’s consultant, which can result in conflicting conclusions with regard to level of service impacts. In this case, however, while there is a difference in the approach of the two consultants, there is agreement between them that the impacts of this project will result in levels of service below the General Plan minimum “C” levels at intersections in the vicinity of the project site.

In preparing this staff report for the appeal hearing, Staff prepared two possible resolutions for adoption. One would uphold the Planning Commission’s decision by making all of the relevant findings. The other, Draft Resolution No. 23-23 (Overturning Planning Commission Approval) includes findings that based on the evidence in the record may not be able to be made, and the reasoning for that determination. Ultimately, it is up to the City Council whether or not you as a body can make the required findings. City Council also

Resolution No. 23-23 Page 9 December 14, 2024
has the ability to modify the language in the required findings, as deemed appropriate.

These decisions are within your discretion, but should be based on facts and argument in the record (whether the written record contained in this packet or the verbal comments and discussion at the hearing).

ENVIRONMENTAL
Upon adoption of Resolution No. 22-13, Planning Commission made the determination that pursuant to the California Environmental Quality Act (CEQA), this project qualifies as a Class 32 Categorical Exemption. As such, the required findings for this CEQA exemption are as follows:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

An environmental determination must be made based upon all of the information in the record. Staff continues to have concerns with several of the required elements that must be met in order for the project to qualify as a Class 32 Categorical Exemption under CEQA.

If the City Council upholds the Planning Commission approval (denies the appeal), an environmental determination must be made as part of the City Council action. • City Council will be required to make the required environmental findings (as detailed above) in order to make a determination that the project qualifies as a Class 32 Categorical Exemption. If the City Council is unable to make these findings, 1) Another CEQA determination must be made (if available), 2) City Council has the ability to direct the applicant to conduct the required environmental review for the project and continue the Public Hearing until a date uncertain, until such time environmental review is complete, or 3) Approve the appeal and overturn the Planning Commission decision (deny the project). If the Planning Commission decision is uphold, Resolution No. 23-23 will reflect the appropriate environmental finding.

If the City Council overturns the Planning Commission approval (approves the appeal), no environmental determination is required as part of the City Council action. • No environmental determination was brought forward by staff at the November 17, 2022 Planning Commission Public Hearing on the project, as no environmental determination is required if a project is denied. If the Planning Commission decision is overturned, Resolution No. 23-23 will reflect that no environmental determination is being made.

Resolution No. 23-23 Page 10 December 14, 2024

SUMMARY
The basis for the appeal, as discussed in detail above, primarily involves concerns regarding general plan consistency, traffic impacts and safety. The City Council should consider not only the specific issues brought up by the appellant but any aspects of the project about which written or verbal evidence is presented in your consideration of this matter.

Draft findings and conditions of approval have been included in the Resolution which is generally consistent with those adopted by the Planning Commission through Resolution No. 22-13. The City Council has the ability to uphold, reverse or modify the project approvals. As such, the City Council can consider adding to or modifying any conditions, as presented. The City Council also has the ability to modify any of the findings included in either of the resolutions that are being considered. If the City Council is unable or unwilling to accept the conditions of approval and findings for approval, the City Council has the ability to reverse the decision of the Planning Commission by making the appropriate findings.

Staff emphasizes this point because the City Council may choose to decide the appeal based upon a new policy direction rather than existing City policy. It is staff’s professional obligation to present the project and make its recommendation only in light of existing policy and law, and not on the desires of staff, individual parties to the application or appeal, community sentiment, or perceived desires of the decision-makers. Staff will be available at the hearing to respond to City Council questions on existing policy and Municipal Code interpretation as well as (to the extent they are able) the implications of any new policy directions.

In order to approve the project (uphold Planning Commission decision), City Council must be able to make all of the required findings included in the Resolution. If the City Council determines that one or more of the required findings cannot be made, the City Council must 1) Require the applicant to modify the project as necessary in order to be able to make the findings, or 2) Deny the project (overturn Planning Commission approval).

RECOMMENDATION
That the City Council conduct the Appeal Hearing, receive testimony from the Appellant and then the applicant and allow rebuttals to Appellant, applicant, and public comments and allow staff responses and consider adoption of one of the following resolutions:

Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Denying the Appeal and Upholding the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)”

Resolution No. 23-23 Page 11 December 14, 2024
OR
Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Approving the Appeal and Overturning the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)”

ATTACHMENTS
Resolution No. 23-23 (Denying Appeal - Upholding PC Approval) Resolution No. 23-23 (Approving Appeal - Overturning PC Approval) Attachment 1 – PC Resolution No. 22-13, Staff Report/Attachments (October 19, 2023) Attachment 2 – Appeal Letter and Materials (October 20, 2023) Attachment 3 – November 17, 2022 PC Staff Report and Relevant Attachments  CERC & Marriott Letter #1
 McDonalds Letter
 Traffic Study Dated 9/30/2022 and Supplement Memo (Ganddini Group)  Peer Review of Traffic Study 11/9/2022 (ATE)
 Sheriff’s Department Letter #1
Attachment 4 – Sheriff’s Department Letter #2 (dated December 2, 2023) Attachment 5 – Applicant’s Response to Appeal Letter (Dated December 4, 2023)

RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUELLTON, CALIFORNIA, DENYING THE APPEAL AND

UPHOLDING THE PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT (21-CUP-02) AND SIGN
ORDINANCE EXEMPTION (22-EXP-01) FOR A NEW DRIVETHROUGH RESTAURANT (IN-N-OUT BURGER) USE ON THE PROPERTY LOCATED AT 515 MCMURRAY ROAD (APN 137-
170-046)
BE IT RESOLVED by the City Council of the City of Buellton as follows:

SECTION 1: On October 19, 2023, the Planning Commission, on a 3-2 vote, approved Planning Commission Resolution No. 22-13 approving Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a new drive-through restaurant (In N Out). located at 515 McMurray Road (APN 137-170-046). The subject property is planned and zoned for CR (General Commercial).

SECTION 2: The proposed Project consists of:

A. Conditional Use Permit (21-CUP-02): Approval of a new 3,885 square foot building with drive-through for In-N-Out Burger. The proposed development would include:
• 54 parking spaces
• Drive-through with capacity for 25 vehicles
• Demolition of existing pavement and structures
• Closing of the access way between Marriott and Project Site to vehicular traffic, except for emergency vehicles, if required
B. Sign Exemption (22-EXP-01): Approval of one 45 foot high freestanding sign, and 395 square feet of total building signage area (125 additional square feet than the maximum allowed).

SECTION 3: On October 20, 2023, the City accepted a letter and application submitted by Carla Mead, Buellton resident, appealing the Planning Commission approval of the In N Out project, in accordance with Section 1.24 of the Municipal Code.

SECTION 4: 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:

Resolution No. 23-23 Page 2 December 14, 2023

1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the City Council on December 14, 2023 (“Appeal Hearing”).

2. All oral, written and visual materials presented in conjunction with that certain Appeal Hearing.

3. The following informational documents, which by reference, are incorporated herein:
a. That certain written report submitted by the Planning Department dated December 14, 2023 (the “Staff Report”).
b. The October 19, 2023, Planning Commission staff report, and Planning Commission Resolution No. 22-13 adopted on October 19, 2023 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 Appeal was published in a newspaper of general circulation on November 30, 2023 (the “Public Notice”), a minimum of 10 days in advance of the Appeal Hearing conducted on December 14, 2023.

2. The Notice of Appeal was mailed to the Applicant, the Appellant, affected public agencies, persons owning property within 300 feet of the Project site and others known to be interested in the matter on November 30, 2023, a minimum of 10 days in advance of the Appeal Hearing.

3. The Notice of Appeal was posted in two public locations on November 30, 2023, a minimum of 10 days in advance of the Appeal Hearing.

C. Environmental Review. Pursuant to the California Environmental Quality Act (CEQA), the proposed project meets the criteria for a Class 32 Categorical Exemption (infill project), and is thereby exempt from further environmental review. The following describes the consistency of the project with the required findings:

1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

3. The project site has no value as habitat for endangered, rare or threatened species.

4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

5. The site can be adequately served all required utilities and public services.

D. Consistency Declarations. Based on (i) the evidence presented in the staff reports (incorporated herein by reference), (ii) consultations with affected City Departments,

Resolution No. 23-23 Page 3 December 14, 2023
and (iii) testimony and comments received in connection with the Appeal Hearing, the City Council does uphold the following findings made by the Planning Commission on October 19, 2023, and hereby declares as follows:

1. Conditional Use Permit (21-CUP-02)
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. With the imposition of conditions of approval, the project site is adequate for the level of development of the proposed
project.
ii. That the significant environmental impacts are mitigated to the maximum extent feasible as the project qualifies for a Class 32 Categorical Exemption.
iii. That streets and highways are adequate and properly designed pursuant to the requirements of the City Engineer.

With the imposition of conditions of approval and required roadway improvements to McMurray Road and Highway
246, intersection operations will be brought to acceptable levels.
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.
vi. That the Project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the
neighborhood and the proposed uses will be compatible with the surrounding area. With the imposition of conditions of approval, impacts to adjacent uses and businesses, including but not limited to McDonald’s, the Marriott Hotel and
Chumash Employment Resource Center will be minimal.
vii. That the project is in conformance with the applicable provisions of Title 19 (Zoning) of the Municipal Code and the General Plan because with the inclusion of proposed roadway improvements as conditions of approval, traffic impacts to the surrounding area will be reduced to acceptable levels (C-5 and C-8). Additionally, this project will expand the visitor-serving sector of the local economy (L-25), attract a new business and encourage economic development

Resolution No. 23-23 Page 4 December 14, 2023
activities that provide opportunities for employment of local residents and increased municipal revenues (E-3).
viii. That the proposed development is in conformance with the Community Design Guidelines.
b. Findings for Drive-Through Facilities:
i. The drive-through facility is found to have no greater adverse impact upon air quality than the same use without the drive-through facility, according to the Air Quality Study conducted for the project.

2. Sign Exemption (22-EXP-01)

a. Findings:

i. The existing standards do not allow for effective business identification due to a special (physical) circumstance applicable to the site, due to the topography of the site, and proximity to Highway 101.
ii. All other alternatives within the established sign standards have been examined, and the results would still not provide effective business identification.
iii. The resulting sign proposal is visually compatible with the existing site and surroundings, and meets the intents and purposes of Chapter 19.04 (Sign Title).

SECTION 4: Based on the findings set forth in Sections 3 and 4, the City Council hereby denies the appeal and affirms the Planning Commission action of October 19, 2023, and approves the Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for a new drivethrough restaurant located at 515 McMurray Road subject to the attached Conditions of Approval.

PASSED, APPROVED and ADOPTED this 14th day of December 2023.

________________________________
Dave King
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk

Resolution No. 23-23 Page 5 December 14, 2023

CONDITIONS OF APPROVAL

IN-N-OUT DRIVE-THROUGH RESTAURANT
CONDITIONAL USE PERMIT (21-CUP-02) & SIGN EXEMPTION (22-EXP-01)

1. Project Description. The approval granted herein is based upon and limited to compliance with the Project Description contained in the October 19, 2023 staff report, and project plans received June 27, 2023, and the conditions of approval set forth below.

The Project Description is as follows: The Project is a request by Jim Lockington, on behalf of In N Out Burger (the “Applicant”) for a Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for the development of a new drive-thru fast food restaurant for In-N-Out Burger (the “Project”) located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046 (the “Property”). The proposed project includes:
demolition of an existing 10,053 two-story commercial building and site improvements (previously Parks Plaza Theater), and development of a new 3,885 square foot one-story building, outdoor dining area, landscaping, and parking areas with 54 parking spaces and a 25-car capacity drive-through queue. Hours of operation would be Friday and Saturday 10:30 am – 1:30 am and Sunday to Thursday 10:30 am – 1:00 am, with a total estimated staff of 20. A Sign Exemption is proposed for a 45 foot high freestanding sign and 125 square feet of additional signage above the maximum allowed for the site. An exception to the required loading space is requested. Lastly, closing of the access way between the Marriott Hotel Site and Project Site to vehicular traffic, except for emergency vehicles, if required, is proposed. 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. Terminology. Except where otherwise noted, the terms appearing throughout the conditions of approval set forth herein shall have the meanings as defined below.

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 Jim Lockington, agent on behalf of In-N-Out Burger, and Dian Gran, property owner, and includes all agents, subdividers, developers, contractors, workers and personnel employed on the Project. 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. “Final Building Inspection Clearance” means acknowledgement by the Building and Safety Division of the County that construction of the Project

Resolution No. 23-23 Page 6 December 14, 2023
has been completed in full compliance with plans and specifications approved by the Building and Safety Division of the County. Such acknowledgement is typically evidenced by signature of appropriate Building and Safety Division staff on the building permit inspection form. f. “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 a special district. g. “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.
h. “Project” means and includes all of the actions described in the Project Description above.
i. “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. j. “Project Manager” means person or personnel of the City assigned to oversee and administer the Permit.
k. “Property” means the land and improvements identified in the Project Description.
l. “Property Owner” means Dian Gran and includes all persons and entities possessing fee title (in full or in part) to the site of the Project. m. “Reimbursement Agreement” means an agreement between the City and Property Owner for the purpose of defining a process by which the property owner will be reimbursed for a portion of the costs of the installation of improvements, as defined in condition of approval numbers 39 and 50. n. “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.

3. 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.

Resolution No. 23-23 Page 7 December 14, 2023

4. 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 changes authorized pursuant to this condition shall not require separate processing of a formal amendment.

5. 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 decisionmaking 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.

6. 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.

7. 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.

8. 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

Resolution No. 23-23 Page 8 December 14, 2023
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.

9. 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.

10. 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

11. 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 fee schedules adopted by the City and then in effect at the time such fees become payable.

12. Acceptance of Conditions. The Applicant shall acknowledge and agree to all conditions of this approval within 180 days of the notice of final action, evidenced by the Applicant’s signature on the space provided at the end of this document. This permit shall not be valid until such time that applicant has agreed to conditions of approval. 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. In the event the Applicant and City staff are unable to resolve conditions of approval relating to the installation of traffic mitigations improvements, including if the ultimate scope of such improvements would cause the Project to become uneconomically unfeasible, within the 180-day period, the Applicant shall be entitled to come before the Commission to address such issues, with a right to appeal to the City Council.

B. PUBLIC WORKS/ENGINEERING CONDITIONS

PRIOR TO ZONING CLEARANCE ISSUANCE

13. Can and Will Serve Letter. A Can and Will Serve Letter is required to be completed and signed prior to Zoning Clearance issuance.

14. Fat, Oils and Grease (FOG) Permit Required. An application for a modified Fats Oils and Grease (FOG) Permit is required for the new restaurant use and must be submitted to the Wallace Group and an initial plan review completed prior to Zoning Clearance issuance. Proposed plumbing plans shall be submitted as part of this application.

15. Measures to Direct Vehicles. Applicant shall apply to Caltrans for inclusion of applicant’s logo on existing Caltrans specific service signs. to direct vehicles on

Resolution No. 23-23 Page 9 December 14, 2023
southbound Hwy 101 to exit at 140B Avenue of Flags and on northbound Hwy 101 to exit at 140B McMurray Rd/Ave of Flags, to the satisfaction of the Public Works Director.

Verification of said request to Caltrans shall be provided to the City prior to issuance of Zoning Clearance.

PRIOR TO GRADING PERMIT ISSUANCE

16. 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.

17. Improvement Plan Requirements. Plans for the full street width frontage improvements 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.

18. McMurray Improvements. A flashing beacon, striped pedestrian crosswalk and appurtenant ADA compliant ramps at sidewalk across McMurray Road (at or near the intersection of Valley Vineyard north) shall be installed to the satisfaction of the City Engineer, and shown on project plans prior to grading permit issuance.

19. Public Improvement Plans. Public improvements (adjacent and off-site) should be submitted on separate plans to the City Engineer for approval. Driveway, sidewalk 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. Driveway alignment, pedestrian crossing improvements and other requirements of the Traffic Study shall be incorporated into the project improvement plans to the satisfaction of the City Engineer.

20. Utility Plans. Utility Plans shall be provided for water, sewer and storm drain. Plans and details shall conform to City of Buellton standards, Public Works Greenbook, and AWWA standards.

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 liquefaction) and shall contain recommendations as to foundation design, and paving sections, where applicable for the project.

22. 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

Resolution No. 23-23 Page 10 December 14,
2023
requirements. NOI shall be filed. A SWPPP shall be developed for the project site; draft copy shall be submitted for review prior to issuance of the grading permit. SWPPP shall be on-site at all times.

23. 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.

24. 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.

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 Storm Water 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 annually) and will be ongoing. The plan shall include an annual maintenance report which must be signed/certified by the QSD/QSP, property owner and contractor and submitted to the Public Works Department.

25. 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.

26. 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.

Resolution No. 23-23 Page 11 December 14,
2023

27. Sureties. A faithful performance and labor/material bond for the grading and utilities and also for the public improvements (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 acceptance of improvements by the and until receipt of As-built Record Drawings.

PRIOR TO BUILDING PERMIT ISSUANCE

28. Grading Permit. The applicant shall obtain a grading permit from the City Engineer prior to obtaining a building permit.

29. Rough Grading. Rough grading certification by the geotechnical engineer shall be approved by the City Engineer prior to obtaining a building permit.

PRIOR TO OCCUPANCY CLEARANCE

30. Social Media and Directional Mapping Services to Direct Vehicles. Efforts shall be made and appropriately documented to encourage patrons via social media and other directional apps and platforms to utilize exit 140B Avenue of Flags when driving on Highway 101 southbound and exit 140B McMurray Rd/Avenue of Flags when driving on Highway 101 northbound. Language to be used shall be approved by the City prior to occupancy.

31. Mitigation Fees. The applicant shall pay water and sewer utilities connection fees and all traffic mitigation fees from the Public Works Department prior to occupancy.

32. Easements. All public easements for utilities or grants of ROW must be submitted for City Engineer review and approval. All grant deeds must be accepted by the City Council prior to occupancy.

33. Right-of-Way Dedication. Should right-of-way dedication be required as part of traffic mitigation measures, applicant shall be responsible for acquisition and dedication to the City or Caltrans as appropriate.

34. As-Built Record Drawings. 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.”

35. Plan Check Fees. All fees and any unpaid balances from plan check or inspection and permits, shall be paid in full.

Resolution No. 23-23 Page 12 December 14,
2023

GENERAL CONDITIONS

36. Public Improvement Standards. Unless superceded 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.

37. Utility Easements. Existing and proposed easements for all utilities shall be located and described on the engineering plans.

38. Utility Locations. All other utilities shall be shown on the plans.

39. Traffic Study Recommendations. Recommendations from the Traffic Study conducted by Ganddini Group dated September 30, 2022, shall be made part of the project conditions, as listed below. Applicant is required to design and install the improvements. Applicant shall process appropriate permit applications through Caltrans for those improvements that are within Caltrans jurisdiction. In the event that any of the following improvements are determined to be infeasible or are otherwise not approved by agencies with jurisdiction over the improvements, other improvements which mitigate traffic concerns and are acceptable to Caltrans and the City shall be required.
a) Install northbound right turn overlap signal phasing at Avenue of Flags (NS) at Highway 246 (EW)
b) Install southbound right turn overlap signal phasing at McMurray Road (NS) at Highway 246 (EW)
c) Re-stripe the northbound through/right turn lane to a shared left/through/right turn lane at McMurray Road and Highway 246.

40. Construction Work Site Traffic Control Plan. A construction work site traffic control plan shall comply with State standards set forth in the California Manual of Uniform Traffic Control Devices and shall be submitted to the City for review and approval prior to the issuance of grading permits or start of construction. The plan shall identify any roadway, sidewalk, bike route, or bus stop closures and detours as well as haul routes and hours of operation. All construction related trips shall be restricted to off-peak hours to the extent possible.

41. Improvements in Accordance With Applicable Standards. All on-site and off-site roadway design, traffic signing and striping, and traffic control improvements relating to the proposed project shall be constructed in accordance with applicable State/Federal engineering standards and to the satisfaction of the City of Buellton and Caltrans.

42. Site-Adjacent Roadways. Site-adjacent roadways shall be constructed or repaired at their ultimate half-section width, including landscaping and parkway improvements in conjunction with development, or as otherwise required by the City of Buellton.

43. Emergency Vehicle Access. Adequate emergency vehicle access shall be provided to the satisfaction of the Santa Barbara County Fire Department. Prior to Zoning Clearance

Resolution No. 23-23 Page 13 December 14,
2023
issuance, plans shall be submitted to and reviewed by the County Fire Department.

Planning Department staff shall specifically request that the Fire Department state whether the emergency access between the subject property and the adjacent property to the north is required. If upon review, it is determined that emergency vehicle access is not required between the In N Out parcel and the Marriot and CERC properties, revised plans shall be submitted to the Planning Director which remove the emergency vehicle access at this location.

44. Compliance with Sight Distance Requirements. The final grading, landscaping, and street improvement plans shall demonstrate that sight distance requirements are met in accordance with applicable City of Buellton/California Department of Transportation sight distance standards.

45. Drive-Through Lane Management. In-N-Out shall employ all necessary drive-through lane management measures to maintain adequate on-site circulation and to ensure that any overflow does not cause site access obstructions.

46. Overflow Management Plan. Implementation of drive through lane overflow management plan shall include implementation of the alternative vehicle turning path as shown in Figure 29 of the September 30, 2022 traffic impact analysis by Ganddini Group.

47. Third Grill. A third grill shall be used during periods of high volume to ensure a more efficient flow of cars going through the drive thru.

48. Wireless-Handheld Ordering System. If drive thru queue extends beyond the menu board, the wireless-handheld ordering system shall be implemented.

49. Pedestrian Crossing. Installation of a high-visibility pedestrian crossing and ADAcompliant curb ramps on the south leg of the intersection of Valley Vineyard Circle (North) and McMurray Road is required.

50. Cost of Improvements. All improvements listed are to be installed at the sole expense of the project applicant, with reimbursement of a portion of the costs to be provided to the applicant pursuant to a Reimbursement Agreement, which shall be executed prior to installation of improvements. Applicant shall be reimbursed for the cost of improvements based upon a pro-rata “fair share” amount as defined in the Reimbursement Agreement.

The City is not responsible for the cost of any of the required roadway improvements.

51. Alternative Improvements. In the event that any of the listed improvements are determined to be infeasible or unacceptable to Caltrans or the City, other improvements may be agreed to by all parties, including the City, Caltrans and the applicant.

52. Caltrans Approval.
a) Requirement to Submit Plans. Prior to issuance of Zoning Clearance, applicant shall submit to Caltrans for review any plans and other relevant information for all aspects of the project which are under Caltrans jurisdiction.

Resolution No. 23-23 Page 14 December 14,
2023
b) Requirement to Obtain Approvals. Prior to issuance of Building Permit, all necessary approvals for all required roadway improvements shall be obtained from Caltrans and/or the City of Buellton.
c) Requirement to Install Improvements. Prior to issuance of Certificate of Occupancy, all roadway improvements shall be installed in accordance with approved plans, to the satisfaction of Caltrans and the City of Buellton.
d) Cost of Obtaining Caltrans Approvals. Any costs associated with obtaining any of these approvals shall be at the sole expense of the applicant, subject to reimbursement per agreement referenced in Condition No. 50 “Cost of Improvements”.

53. Sheriff’s Department Review. Applicant shall coordinate with the City and Sheriff’s Department to review application and project for safety within 180 days referenced in Condition No. 12.

D. PLANNING CONDITIONS

GENERAL

54. Conditional Use Permit & Sign Exemption. Approval of the Conditional Use Permit (Case No. 21-CUP-02) and Sign Exemption (Case No. 22-EXP-01) (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.

55. Development Time Frame. Conditional use permits shall expire five years after approval unless, prior to the expiration date, the applicant, or applicant’s successor, has completed substantial physical construction on the development or applied to the planning commission for a time extension. An applicant, or applicant’s successor, may apply for two one-year time extensions, which the planning commission or city council may approve upon a showing of good cause. Upon expiration of a conditional use permit and any time extension, an applicant, or applicant’s successor, must apply for a new minor or conditional use permit in order to proceed with the development.

56. Fire Department. The Project is located within the jurisdiction of the County Fire Department and shall comply with all applicable standards of that agency.

57. 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.

Resolution No. 23-23 Page 15 December 14,
2023

58. 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.

59. 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 off-street 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 conditions listed below are found to exist.

Conditions listed below that are consistent with a typical drive-thru fast food restaurant are not prohibited.
(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

Resolution No. 23-23 Page 16 December 14,
2023
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 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 Sold 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 is 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.

Resolution No. 23-23 Page 17 December 14,
2023
(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 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.

60. Property Maintenance. The Project and Property, including the landscaping and parking spaces, 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 found to be noncompliant, the Applicant shall adhere to City recommendations to bring the Project into compliance.

61. Hours of Operation. Hours of operation are limited to Friday and Saturday 10:30 am – 1:30 am and Sunday to Thursday 10:30 am – 1:00 am. No outdoor dining shall be permitted outside the hours of operation.

62. Delivery Hours. No loading area has been included on the Project site, and an exception to this requirement has been requested. Therefore, regular deliveries for the restaurant shall take place outside of the hours of operation.

63. Architectural Design. The Project shall be in conformance with the Community Design Guidelines (CDG). The architectural design of the buildings shall conform to that shown on the architectural elevations and color boards for the project with a design style of Mission Revival.

Prior to Zoning Clearance issuance, the following shall be met:
a. “Both sides of all perimeter walls or fences should be architecturally treated.” (CDG pg. 62). CMU retaining walls shall have a plaster finish or similar surface treatment to match the primary color and material of the building.
b. “Attractive, outside employee break areas are required for business with more than six on-site employees.” (CDG pg. 64). Location of this area shall be noted on the site plan.
c. Crosswalks in parking lots shall be accented with special design features such as raised, colored, and/or textured pavement (CDG pg. 65).

PRIOR TO ZONING CLEARANCE ISSUANCE

64. Driveway Entrance Improvements. Driveway at McMurray Road shall be widened to a minimum of 32 feet and a maximum of 36 feet (or to the satisfaction of the Public Works Director) and shall accommodate three permanent lanes. Two lanes shall be ingress, and of these, one shall be dedicated to the drive-through lanes. One lane shall be egress, for

Resolution No. 23-23 Page 18 December 14,
2023
both right and left hand turns. The project plans shall be revised to this effect, to the satisfaction of the Public Works Director, prior to Zoning Clearance issuance.

65. Design of Roadway Improvements. All design plans for all required roadway improvements shall be submitted to the City and Caltrans.

66. Drive-Through Exit Path. Prior to Zoning Clearance issuance, applicant shall modify site plan with additional landscaping and signage to direct vehicles exiting the drive through to exit to the left and onto primary access road.

67. Turning Path into the Drive-Through. Vehicle turning path into the drive-through lanes shall accommodate at minimum a 20-foot-long pickup truck. This accommodation shall be depicted on the project plans prior to Zoning Clearance issuance.

68. Landscape and Irrigation Plans. The final landscape and irrigation plans shall include a signed statement by a licensed landscape architect stating that the plans comply with the City’s Water Efficient Landscaping Ordinance (MWELO) and utilize species from the City’s Approved Tree Planting List or to the satisfaction of the City Planning Director.

69. MarBorg. A letter from MarBorg shall be provided indicating that the location and design of the trash enclosure is consistent with their requirements prior to Zoning Clearance issuance.

70. Construction and Demolition Waste. A Materials Management Plan is required to be completed prior to Zoning Clearance issuance.

71. Signage. A building permit for the proposed signage is required. Signage on the building plans submitted for Zoning Clearance shall be in substantial conformance the Project plans date-stamped June 27, 2023.

72. Exterior Lighting. All exterior lighting fixtures shall comply with the design requirements of the Community Design Guidelines and shall protect dark skies. All exterior lighting, including but not limited to the parking lot lighting, bollards, and wall-mounted lighting shall be 3000K or less, with bulbs recessed or flush with the lighting housing to be fully shielded, and shown on the plans as such prior to Zoning Clearance issuance. All lighting shall be LED or Inductive technology or other energy efficient type of lighting, consistent with what is indicated in the lighting specifications included with the project plan dated on June 27, 2023.

PRIOR TO GRADING PERMIT ISSUANCE

73. Dust Control Monitor. 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

Resolution No. 23-23 Page 19 December 14,
2023
to the Air Pollution Control District prior to land use clearance for finish grading for the structure.

74. Dust Control Requirements. The applicant shall include, as a note on a separate informational sheet, all dust control procedures in Condition #80. All requirements shall be shown on grading and building plans.

PRIOR TO BUILDING PERMIT ISSUANCE

75. 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 the Planning Director.

Zoning Clearance shall only be granted upon satisfying all conditions precedent to construction as stated in these conditions of approval.

76. 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.

77. 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.

78. SBAPCD Permits. Prior to building permit issuance, Santa Barbara County Air Pollution Control District (SBAPCD) Authority to Construct permits must be obtained for all equipment that requires an SBAPCD permit. Proof of receipt of the required SBAPCD permits shall be submitted by the Applicant to planning staff. SBAPCD Authority to Construct permits are required for diesel engines rated at 50 brake horsepower and greater (e.g., firewater pumps and emergency standby generators) and boilers/large water heaters whose combined heat input rating exceeds 2.0 million British thermal units per hour (Btu/hr). Advisories: (1) In the case of a diesel-fired emergency generator, an equipmentspecific Health Risk Assessment may be required as part of SBAPCD permit issuance. The applicant should refer to the SBAPCD website at www.ourair.org/dice-atcm for more information on diesel engine permitting. (2) The SBAPCD permit process can take several months. To avoid delay, the applicant is encouraged to submit their Authority to Construct permit application to the SBAPCD as soon as possible, see www.ourair.org/permitapplications to download the necessary permit application(s).

DURING CONSTRUCTION

79. 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

Resolution No. 23-23 Page 20 December 14,
2023
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.

80. Standard Dust Control Procedures. During clearing, grading, earth moving, or excavation operation, excessive fugitive duct emissions shall be controlled by regular watering, paving construction roads, or other dust preventive measures such as using the following procedures:
• 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. • Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
• Gravel pads must be installed at all access points to prevent tracking of mud on to public roads.
• 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.
• 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.

81. Application of Standard CBACT. Best available control technology for construction equipment (CBACT) shall be applied to the piece of construction equipment estimated to cause the highest level of combustion emissions during any proposed construction, based on APCD standards. CBACT technology may include the following: fuel injection timing retard of 2 degrees; installation of high pressure injectors; coating of internal combustion surfaces (cylinder head, pistons, and valves); and/or use of reformulated diesel fuel.

82. Standard Ozone Precursor Controls. At all times, ozone precursor emissions shall be controlled not only through the routine maintenance of all construction equipment, but construction activities shall also be required to utilize new technologies to control ozone precursor emissions including:
• Heavy-duty diesel-powered construction equipment manufactured after 1996 (with federally mandated "clean" diesel engines) should be utilized wherever feasible. • The engine size of construction equipment shall be the minimum practical size. • 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.

Resolution No. 23-23 Page 21 December 14,
2023
• Construction equipment shall be maintained in tune per the manufacturer’s specifications.
• Construction equipment operating onsite shall be equipped with two to four degree engine timing retard or precombustion chamber engines.
• Catalytic converters shall be installed on gasoline-powered equipment, if feasible. • Diesel catalytic converters, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California shall be installed, if available. • Diesel powered equipment should be replaced by electric equipment whenever feasible. • Construction worker trips should be minimized by encouraging carpooling and by providing for lunch onsite.

83. 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. No person shall engage in any construction or demolition activity or earth moving activities subject to this rule in a manner that causes discharge into the atmosphere beyond the property line visible dust emissions of 20% opacity or greater for a period or periods aggregating more than 3 minutes in any 60 minute period. b. No person, including facility or site owner or operator of source, shall load or allow the loading of bulk materials or soil onto outbound trucks unless at least one of the following dust prevention techniques is utilized:

1. Use properly secured tarps or cargo covering that covers the entire surface area of the load or use a container-type enclosure.

2. Maintain a minimum of 6 inches of freeboard below the rim of the truck bed where the load touches the sides of the cargo area and ensure that the park of the load does not extend above any part of the upper edge of the cargo area.

3. Water or otherwise treat the bulk material to minimize loss of material to wind or spillage.

4. Other effective dust prevention control measures approved in writing by the Control Officer.
c. Visible roadway dust as a result of active operations, spillage from transport trucks, erosion, or track-out/carry-out shall be controlled as outlined below:

1. Visible roadway dust shall be minimized by the use of any of the following track-out/carry-out and erosion control measures that apply to the project or operations: trac-out grates of gravel beds at each egress point, wheel-washing at each egress point during muddy conditions, soil binders, chemical soil stabilizers, geotextiles, mulching, or seeding; and

Resolution No. 23-23 Page 22 December 14,
2023
Visible roadway dust shall be removed at the conclusion of each work day when bulk material removal ceases, or every 24 hours for continuous operations. If a street sweeper is used to remove any track-out/carry-out, only a PM10-Efficient Street Sweeper shall be used.

The use of blowers for removal of track-out/carry-out is prohibited.

84. SBAPCD Rule 360 Emissions Compliance. Boilers, water heaters, and process heaters rated between 75,000 and 2.0 million British thermal units per hour (Btu/hr) must comply with the emission limits and certification requirements of SBAPCD Rule 360. Note: Units fired on fuel(s) other than natural gas still need to be certified under Rule 360. Please see www.ourair.org/wp-content/uploads/rule360.pdf for more information.

PRIOR TO FINAL BUILDING INSPECTION/OCCUPANCY CLEARANCE

85. Parking. The Project’s parking shall substantially conform to the plans submitted to the City and approved in connection with this action, and shall conform to the Buellton Municipal Code parking requirements. All parking spaces shall be striped in accordance with City of Buellton standards prior to the final building inspection.

86. 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. A letter from the landscape architect shall be submitted verifying compliance with the plans. The landscape and irrigation surety, less the one year maintenance portion, can be released at this time.

87. Access Easement. A new parcel map shall be filed and approved per Section 18.04.410 of the Buellton Municipal Code – or other action which accomplishes the same goal to the satisfaction of the City Attorney – to reflect the proposal for the access way between the Marriott and Project properties to be closed off, thereby amending the reciprocal private access and parking easement to such an end. Reciprocal Access between the parcels to the north of the subject property shall continue.

88. 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.

89. 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.

Resolution No. 23-23 Page 23 December 14,
2023

FOLLOWING FINAL BUILDING INSPECTION/OCCUPANCY CLEARANCE

90. 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.

E. SANTA BARBARA COUNTY FIRE DEPARTMENT CONDITIONS

ADVISORY
The following Fire Department advisory conditions are imposed with the understanding that the Fire Protection Certificate application(s) may involve modifications, which may determine additional conditions. The Fire Prevention Division must be notified of any changes to the project proposal. A change in the project description may cause conditions to be imposed.

91. All standard fire department conditions and current codes shall apply at time of development.

PRIOR TO CONSTRUCTION

92. One new fire hydrant shall be installed. The fire department shall have on fire a set of approved fire hydrant plans prior to any work being started. a. Commercial fire hydrants shall consist of one 4-inch outlet and two 2-1/2 inch outlets.
b. A set of approved fire hydrant plans, stamped and dated by the fire department shall be kept at the job site and available upon request.
c. Water systems shall be installed exactly as the approved fire hydrant plans dictate.

No changes or modifications to these plans shall take place without prior fire department approval.
d. No work shall be covered or otherwise rendered inaccessible or unviewable prior to inspection by a fire department representative.

PRIOR TO OCCUPANCY CLEARANCE

93. The map or other instrument referenced in condition #86 shall not terminate either (i) the access point between the Marriott parcel and the CERC parcel or (ii) the existing access easement between such parcels.

94. Designated fire lanes shall include red curbs and signs indicating “Fire Lane – No Stopping” placed as required by the fire department. Refer to current adopted California Fire Code.

95. Portable fire extinguishers are required and shall be in accordance with the current adopted Santa Barbara County Code Chapter 15.

Resolution No. 23-23 Page 24 December 14,
2023

96. Address numbers shall be a minimum height of 12 inches.

97. A Knox Box entry system shall be installed for the building. A spare key shall be provided for the Knox Box entry system.
e. To obtain a Knox Authorization Order Form and instructions, email [email protected]. Please note, review is required prior to submission to Knox Company, as an authorized fire agency signature must be included on your order form. Do not send order forms to Knox Company directly.

F. SANTA BARBARA COUNTY BUILDING DEPARTMENT CONDITIONS

ADVISORY

98. Incorporate the Flood Plain Administrator conditions of approval and all mitigation measures on the cover sheet of the building plans.

99. Incorporate any project conditions of approval including any Department condition letters into the plans.
100. Plans to detail compliance with the CA Codes and local ordinances in effect at the time of submittal.

G. FINANCE DEPARTMENT CONDITIONS
101. Outstanding Fees. The Applicant shall pay all fees including, but not limited to, outstanding balances for processing by the City Engineer, Planning Department, Building Department, traffic mitigation fees, water connection fees, sewer fees, school fees, Fire Department mitigation fees, and any additional processing deposits as required prior to zoning clearance.

Project Applicant/Property Owner Acknowledgement of Required Conditions of Approval ______________________________________________ __________________ Property Owner Signature Date
______________________________________________ __________________ Project Applicant/Agent/Representative Signature Date

RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUELLTON, CALIFORNIA, APPROVING THE APPEAL AND

OVERTURNING THE PLANNING COMMISSION APPROVAL
OF CONDITIONAL USE PERMIT (21-CUP-02) AND SIGN
ORDINANCE EXEMPTION (22-EXP-01) FOR A NEW DRIVETHROUGH RESTAURANT (IN-N-OUT BURGER) USE ON THE PROPERTY LOCATED AT 515 MCMURRAY ROAD (APN 137-
170-046)
BE IT RESOLVED by the City Council of the City of Buellton as follows:

SECTION 1: On October 19, 2023, the Planning Commission, on a 3-2 vote, approved Planning Commission Resolution No. 22-13 approving Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a new drive-through restaurant (In N Out) located at 515 McMurray Road (APN 137-170-046). The subject property is planned and zoned for CR (General Commercial).

SECTION 2: The proposed Project consists of:

A. Conditional Use Permit (21-CUP-02): Approval of a new 3,885 square foot building with drive-through for In-N-Out Burger. The proposed development would include:
• 54 parking spaces
• Drive-through with capacity for 25 vehicles
• Demolition of existing pavement and structures
• Closing of the access way between Marriott and Project Site to vehicular traffic, except for emergency vehicles, if required
B. Sign Exemption (22-EXP-01): Approval of one 45 foot high freestanding sign, and 395 square feet of total building signage area (125 additional square feet than the maximum allowed).

SECTION 3: On October 20, 2023, the City accepted a letter and application submitted by Carla Mead, Buellton resident, appealing the Planning Commission approval of the In N Out project, in accordance with Section 1.24 of the Municipal Code.

SECTION 4: 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:

Resolution No. 23-23 Page 2 December 14, 2023

1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the City Council on December 14, 2023 (“Appeal Hearing”).

2. All oral, written and visual materials presented in conjunction with that certain Appeal Hearing.

3. The following informational documents, which by reference, are incorporated herein:
a. That certain written report submitted by the Planning Department dated December 14, 2023 (the “Staff Report”).
b. The October 19, 2023, Planning Commission staff report, and Planning Commission Resolution No. 22-13 adopted on October 19, 2023 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 Appeal was published in a newspaper of general circulation on November 30, 2023 (the “Public Notice”), a minimum of 10 days in advance of the Appeal Hearing conducted on December 14, 2023.

2. The Notice of Appeal was mailed to the Applicant, the Appellant, affected public agencies, persons owning property within 300 feet of the Project site and others known to be interested in the matter on November 30, 2023, a minimum of 10 days in advance of the Appeal Hearing.

3. The Notice of Appeal was posted in two public locations on November 30, 2023, a minimum of 10 days in advance of the Appeal Hearing.

C. Consistency Declarations. Based on (i) the evidence presented in the staff reports (incorporated herein by reference), (ii) consultations with affected City Departments, and (iii) testimony and comments received in connection with the Appeal Hearing, the City Council does overturn the findings made by the Planning Commission on October 19, 2023, and hereby declares as follows:

1. Conditional Use Permit (21-CUP-02)
a. Findings:
i. That the site for the project is not adequate in size, shape, location, and physical characteristics to accommodate the density and intensity of development proposed. Namely, due to the location of the site on McMurray Road and the
project’s specific operational impacts on adjacent businesses

Resolution No. 23-23 Page 2 December 14, 2023
and the nearby residential neighborhood, the location of the site is inadequate for the intensity of development.
ii. That streets and highways are not adequate for the intensity of the project, though they are properly designed pursuant to the requirements of the City Engineer, because of the limited queueing capacity and infrastructure of State Route 246 and McMurray Road that are not able to accommodate
the specific traffic and circulation impacts of the project due to the project’s specific operational characteristics. iii. That there are adequate public services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the Project.
vi. That the Project will be detrimental to the health, safety, comfort, convenience, and general welfare of the
neighborhood and the proposed uses will not be compatible with the surrounding area. Local residents have expressed significant concerns with the traffic and circulation posed by the intensity of the proposed project use. The record shows that McDonald’s previously had concerns with traffic
congestion and safety at the shared access driveway, as McDonald’s patrons need to maintain safe, comfortable and convenient access onto their site. In addition, residents and businesses in the surrounding neighborhood would be
impacted by substantial traffic impacts that cannot be
adequately addressed. The project location and intensity would create safety concerns along McMurray Road at and near the project driveway entrance due to the conflicting vehicular turning movements.
vii. That the project is not in conformance with the applicable provisions of Title 19 (Zoning) of the Municipal Code and the General Plan. The project conflicts with Policies L-11, C-5, and C-8 of the General Plan Circulation Element
because the intensity of development of this project would cause the level of service at the McMurray Road/Highway 246 intersection to exceed acceptable levels (defined as level of service “C” or better) pursuant to the General Plan, with no quantifiably adequate and/or feasible improvements to mitigate the impact. This project would cause vehicular queuing to exceed storage capacity at peak times at the northbound Highway 101/246 off-ramp, adversely
impacting operations on Highway 101 and 246.

Resolution No. 23-23 Page 2 December 14, 2023
viii. That the proposed development is in conformance with the Community Design Guidelines.
b. Findings for Drive-Through Facilities:
i. The drive-through facility is found to have no greater adverse impact upon air quality than the same use without the drive-through facility, according to the Air Quality Study conducted for the project.

2. Sign Exemption (22-EXP-01)

a. Findings:

i. The existing standards do not allow for effective business identification due to a special (physical) circumstance applicable to the site, due to the topography of the site, and proximity to Highway 101.
ii. All other alternatives within the established sign standards have been examined, and the results would still not provide effective business identification.
iii. The resulting sign proposal is visually compatible with the existing site and surroundings, and meets the intents and purposes of Chapter 19.04 (Sign Title).

SECTION 4: Based on the findings set forth in Sections 3 and 4, the City Council hereby approves the appeal and overturns the Planning Commission action of October 19, 2023, and denies the Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for a new drivethrough restaurant located at 515 McMurray Road. The Sign Exemption is denied because without approval of the Conditional Use Permit there is no project to which the Sign Exemption applies or may be attached.

PASSED, APPROVED and ADOPTED this 14th day of December 2023. ________________________________
Dave King
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk

CITY OF BUELLTON
Planning Commission Agenda Staff Report
Planning Director Review: AK___
Planning Commission Agenda Item No: ___2___
To: The Honorable Chair and Commission Members
From: Andrea Keefer, Planning Director
Date: October 19, 2023
Subject: Resolution No. 22-13 – “A Resolution of the Planning Commission of the City of Buellton, California, Approving a Conditional Use Permit (21-CUP02) And Sign Exemption (22-EXP-01) for a New Drive-Through Restaurant Located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046, and Making Findings in Support Thereof”

BACKGROUND
Dian Gran, property owner, and Jim Lockington, agent (“Applicant”), with Chaser Capital as the developer, have submitted a proposed project consisting of a Conditional Use Permit (21-CUP-02) for the development of a new drive-thru fast food restaurant for In-N-Out Burger and a Sign Exemption (22-EXP-01) for additional signage above the maximum allowed for the site. The +/-

1.48 acre project site is located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046 (Attachment 1 – Vicinity Map). The Marriott hotel is to the north, with the Chumash Employee Resource Center further north, Hwy 101 to the west, McDonald’s restaurant to the south, and a vacant parcel planned for future hotel development across McMurray Road to the east. The property has a zoning designation of CR (General Commercial).

At the November 17, 2022 Planning Commission Public Hearing for the project (Attachment 2 – November 17th Meeting Minutes), Staff brought a resolution for denial of the project based upon concerns with traffic impacts that are likely to occur as a result of this project. Planning Commission reviewed the plans for the proposed project, the project’s Traffic Study, and associated peer-review done by the City’s traffic consultant, comment letters from the Sheriff’s Department, the Chumash Employee Resource Center (CERC), Marriott, and McDonald’s, considered public testimony, and directed staff to return with a resolution for approval of the project. The item was originally scheduled to be brought back to the Planning Commission on December 15th; however, due to requested changes of the applicant, the item was rescheduled to January 5, 2023.

At the January 5th Planning Commission meeting, a letter was received from the attorney representing the Chumash and Marriott (see Attachment 3), opposing the project as proposed with the reciprocal parking and access arrangement between the three properties left as it exists. The letter cited substantial evidence in the record of the project’s likelihood of significant traffic impact and neighborhood compatibility issues, and pointed to concern with the access way remaining open between the three properties and the development of the In-N-Out building on the reciprocal parking areas. Furthermore, Chumash Representatives brought to light that a request for tribal consultation on the project under AB 52, sent to staff on April 13, 2022, had not yet been formally concluded. It was then determined that the City could not approve the project until the AB 52

515 McMurray Road – In-N-Out Page 2 October 19, 2023
Planning Commission Resolution No. 22-13
consultation requested by the Tribe had been concluded (see Attachment 4 – January 5th Meeting Minutes).

DISCUSSION
Tribal Consultation under AB 52 formally concluded on September 15, 2023. The City will typically impose standard conditions related to tribal cultural resources; however, at the request of the applicant and based upon a private agreement between In N Out and the Chumash tribe, such conditions have been omitted for this project.

A revised project description and project plans have been submitted (see Attachments 5 and 6), showing the shared access way between the Marriott and project property closed off to all traffic except for emergency vehicles. Conditions of approval have been added to this end, directing the applicant to file a new parcel map per Section 18.04.410 of the Buellton Municipal Code (as the recorded map was the only mechanism that captured the reciprocal access and parking agreement) – or other action which accomplishes the same goal to the satisfaction of the City Attorney – to reflect the proposal for the access way between the Marriott and Project properties to be closed off, thereby amending the reciprocal private access and parking easement to such an end. Reciprocal Access between the Marriott and CERC properties to the north of the subject property shall continue. A condition of approval has been included requiring that emergency access improvements (ie. gate and knox box) at the area proposed to be closed off as part of this project only be included if required by the Fire Department. In the event that maintaining emergency access at this location is not required by the Fire Department, the access easement area will need to be closed off completely.

In order to attempt to mitigate traffic impacts which are expected as a result of this project, the City is requiring a list of roadway improvements. These roadway improvements are found in the applicant’s traffic study, and will be implemented through conditions of approval for the project.

The proposed traffic improvements were developed as part of a traffic study conducted by the applicant’s consultant, Ganddini Group, dated September 30, 2022. It is important to note that because several of the proposed improvements involve physical changes to Highway 246 and the immediate adjacencies, Caltrans approval will be required. Caltrans has provided comments on the proposed conditions of approval (see Attachment 7 – Caltrans Comment Letter). The applicant will be required to coordinate with Caltrans to obtain any necessary approvals for the improvements over which the agency has jurisdiction.

Staff has drafted a Resolution for approval, as directed by the Planning Commission at its November 17th, 2022 meeting, however, even with conditions of approval drafted to mitigate impacts to the best extent possible, Staff’s concerns remain with the adequacy of the conditions of approval and findings proposed, specifically as they relate to traffic impacts. Therefore, the Planning Commission should carefully review the proposed conditions of approval and findings for approval in the resolution.

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 is exempt from environmental

515 McMurray Road – In-N-Out Page 3 October 19, 2023
Planning Commission Resolution No. 22-13
review, as it meets the criteria for a Class 32 Categorical Exemption (Infill Project) pursuant to the California Environmental Quality Act.

RECOMMENDATION
Staff recommends that the Planning Commission consider the adoption of the following, if the Commission can make the findings therein:

Resolution No. 22-13 – “ A Resolution of the Planning Commission of the City of Buellton, California, Approving a Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for a New Drive-Through Restaurant Located at 515 McMurray Road, Assessor’s Parcel Number 137- 170-046, and Making Findings in Support Thereof”

ATTACHMENTS
Planning Commission Resolution No. 22-13
Attachment 1 – Vicinity Map
Attachment 2 – November 17th, 2022 PC Meeting Minutes
Attachment 3 – Chumash and Marriott Attorney Letter
Attachment 4 – January 5th, 2023 PC Meeting Minutes
Attachment 5 – Project Description
Attachment 6 – Project Plans (dated 6/27/2023)
Attachment 7 – Caltrans Comment Letter (dated 9/14/2023)

Attachment 1 - Vicinity Map
¯ 0 120 240 480
Feet APN 137-170-046
515 McMurray Road

Attachment 2

Attachment 2

Attachment 2

From: Chip Wullbrandt <[email protected]>
Date: January 3, 2023 at 3:03:47 PM PST
To: Scott Wolfe <[email protected]>
Cc: Sam Cohen <[email protected]>, Mike Hendrick <[email protected]> Subject: 515 McMurray Road; Proposed In-N-Out Drive Thru Project Scott,

This is as a follow up to our objections on behalf of the Buellton Marriott Hotel and the Chumash Employment Resource Center to the proposed In-N-Out Drive Thru fast food restaurant (the “Project”).

The subject property, along with the adjacent Marriott property and the CERC property were all created in 1985 by Parcel Map No. 13,438. The property at 515 MacMurray Road is Parcel 4 of that Parcel Map.

As recorded, Parcel Map No. 13,438 includes: “(NOTE 1)- RECIPROCAL EASEMENTS FOR THE MUTUAL BENEFIT OF PARCELS 2,3 & 4 OF THIS MAP SHALL EXIST OVER AREAS DESIGNATED ON THE FINAL DEVELOPMENT PLAN FOR CASE NO. 81-RZ-49 “SANTA BARBARA COUNTY RESOURCE MANAGEMENT DEPARTMENT” AND CONSTRUCTED AS PARKING LOTS AND DRIVEWAYS LOCATED WITHIN PARCELS 2, 3 & 4 FOR THE PURPOSES OF PROVIDING INGRESS AND EGRESS TO AND BETWEEN SAID PARCELS; PROVIDING PARKING; AND PROVIDING & MAINTAINING ALL NECESSARY UTILITIES TO BE USED BY SAID PARCELS. SAID EASEMENTS TO BE APPURTENANT.”

As I understand, the Final Development Plan for Case No. 81-RZ-49 was for the development of the structures and parking lots as still exist on the three adjacent parcels. This included the theatre building generally on the easterly side and the parking lot on the westerly side of Parcel 4. This shared physical design of the parking areas means that the flat area of Parcel 4 was available for reciprocal use by the Marriott and CERC, while the steep easterly corner area was occupied by the theatre building.

As proposed, the In-N-Out structure and its drive-thru arrangement will occupy most of the area “constructed as parking lots and driveways” within Parcel 4. Reciprocal use of those areas by Parcels 2 & 3 will be effectively blocked. As detailed in our letter to the City dated July 28, 2022, the greatly expanded uses by the proposed In-N-Out will likely also overburden the use on the Marriott and CERC properties, and will create the potential for significant traffic, noise, and neighborhood compatibility impacts.

In our discussions with City Staff, we asked about any traffic analysis for the Project, including of our site circulation and traffic safety concerns. We were provided the Project’s formal traffic study, dated September 30, 2022, prepared by the applicant’s traffic consultant in consultation with the City. That traffic study includes as Figure 2 a Site Plan which clearly shows the connection between the Marriott parking lot and the redeveloped In-N-Out site as “Proposed Emergency Vehicle Access Only”, including with a red dashed line. Discussion at page 47 of the traffic study states: “(t)he project proposes to close interconnection with the Marriott Hotel property north of the project site. Therefore all project access is Attachment 3 Page 138 of 402
forecast to occur at the In-N-Out driveway only.” Consistent with that statement, all on site traffic is shown as being directed to the McMurray Road driveway.

The traffic study also states that the landscape buffer on the north side of the drive thru driveway will block sharing of the parking lot in the future, and so use from the Marriott will be “minimal”.

When we pointed out these details of the Project as analyzed in the traffic study, City Staff suggested conditions for a gate limiting the interconnection between the Marriott parking lot and the In-N-Out project to such Emergency Vehicle Access Only, and requiring the “reciprocal easement” be revised to reflect the new circumstances. On behalf of the Marriott and CERC, we advised the City that we would cooperate with such conditions and withdraw our opposition if they were included with the Project approval.

Unfortunately we have since been advised that the In-N-Out representatives have rejected such conditions, and instead are proposing to move forward with a Project that would use the interconnection with the Marriott parking lot for customer and (we presume) delivery vehicles.

We are disappointed that the In-N-Out Project as now configured is being presented to the Planning Commission this Thursday, January 5, 2022. As is clear from the Staff Report, there is substantial evidence in the record of the likelihood of significant traffic impact and neighborhood compatibility issues, including with the Marriott Hotel and the CERC. We do not believe the City can approve the Project under the proposed Class 32 CEQA exemption given the identified traffic impacts, the project change since the publicly provided traffic report, the Community Plan inconsistencies, and neighborhood incompatibility issues.

As a very basic matter, we also do not believe the City should approve a Project which would result in the changes to the reciprocal easements here discussed without the applicant first obtaining agreement by the Marriott and CERC. To reiterate, the Marriott and CERC would cooperate with easement revisions to eliminate or limit access to emergency vehicle use only between the proposed In-N-Out and the Marriott, and to then allow alternative redevelopment of the parking and driveway areas by the In-NOut Project. Otherwise the Marriott and CERC are opposed to that In-N-Out Project, including its use of the reciprocal easement areas.

Thank You.

C. E. Chip Wullbrandt
Price, Postel & Parma LLP
200 E. Carrillo Street, Suite 400
Santa Barbara, CA 93101
805.962-0011
805.965-3978 (Fax)
Email: [email protected]
Website: www.ppplaw.com
Attachment 3 Page 139 of 402
Regular Planning Commission Meeting Minutes Page 2 January 5, 2023

2. Appointments to Green Team Committee
The Planning Commission unanimously appointed the following Commissioners to the Green Team for 2023:
 Laura Romano DeFazio
 Shannon Reese

PRESENTATIONS
None

APPROVAL OF MINUTES

3. Minutes of the regular Planning Commission meeting of December 1, 2022 MOTION:

Vice Chair Mercado moved and Commissioner Sarquilla seconded the motion to approve the Minutes of December 1, 2022.

VOTE:

Motion passed with a 3-0 voice vote with Commissioner Romano DeFazio and Commissioner Reese abstaining due to their absence from the meeting.

PUBLIC COMMENTS
None

CONSENT CALENDAR
None

CONTINUED PUBLIC HEARINGS
None

NEW PUBLIC HEARINGS
None

OTHER BUSINESS

4. Resolution No. 22-13 relating to the Conditional Use Permit and Sign Exemption for A new drive-through restaurant (In-N-Out) located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046
Consider adoption of one of the following resolutions:

Attachment 4 Page 140 of 402
Regular Planning Commission Meeting Minutes Page 3 January 5, 2023 Resolution No. 22-13 - “A Resolution of the Planning Commission of the City of Buellton, California, Approving a Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for a New Drive-Through Restaurant Located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046, and Making Findings in Support Thereof”, or
Resolution No. 22-13 - “A Resolution of the Planning Commission of the City of Buellton, California, Denying a Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for a New Drive-Through Restaurant Located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046, and Making Findings in Support Thereof”, or
Resolution No. 22-13 - “A Resolution of the Planning Commission of the City of Buellton, California, Recommending City Council Approval of a Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for a New Drive-Through Restaurant Located at 515 McMurray Road, Assessor’s Parcel Number 137-170- 046, and Making Findings in Support Thereof”
SPEAKERS/DISCUSSION:

Planning Director Keefer informed Commissioners Romano DeFazio and Reese that although they were not in attendance for the Public Hearing on November 17, 2022, per the City Attorney, they may participate tonight as long as they have reviewed all materials from that hearing including videos, staff report, minutes, comments and the packet for tonight’s meeting. Both Commissioner Romano DeFazio and Commissioner Reese stated that they have read the materials and are ready to participate.

Scott Wolfe, City Manager, addressed the Commission stating that he and Planning Director Keefer and had met with representatives from the Chumash Employment Resource Center and the Marriott, and was informed of a dispute between the Applicant, the Chumash, and Marriott involving a reciprocal parking and access easement. City Manager Wolfe recommended that the Planning Commission avoid intervening in this dispute, as the City is not a party to the easement.

City Manager Wolfe also informed the Commission that Chumash Representatives made Staff aware of a request for consultation on the project that was sent to staff on April 13, 2022, and stated the request was made in response to an offer of consultation made to the Tribe by the City as part of its obligations under AB 52, and that the request was not received by the Planning Director, the case planner, or himself until this afternoon as resubmitted by the Chumash. City Manager Wolfe stated that the City Attorney’s opinion on the matter is that the City may not approve the project until the AB 52 consultation requested by the Tribe has been completed. City Manager Wolfe also stated that the Applicant disagrees with the Attorney’s opinion and recommended the Applicant’s testimony be taken into account before Commission makes a determination.

The following actions were suggested by City Manager Wolfe for the Commission to take; the first to acknowledge the inability to approve the project this meeting and Attachment 4 Page 141 of 402
Regular Planning Commission Meeting Minutes Page 4 January 5, 2023 continue the matter to a date uncertain, until such time as consultation is completed, which Staff anticipates would take between 2-3 months; the second, to hear the Staff and Applicant presentations, take testimony from the public, and then continue the matter to a date uncertain, until such time as consultation is completed; or to take one of the other actions as presented in the meeting packet.

City Manager Wolfe stated that the Applicant has concerns with conditions of approval and the continuance for consultation purposed would allow time for concerns to be worked out with Staff as well as additional time for the Applicant, Marriott, and the Chumash to potentially work out the dispute on the easement. Vice Chair Mercado asked if the Applicant and the Chumash were not able to come to an agreement, would the Commission be bound to the three resolutions as stated or would the resolutions be revised as a result of an agreement between the Applicant and the Chumash.

City Manager Wolfe responded that the Commission can take whatever action it deems appropriate, but that there is potential risk that if the Commission imposes a condition that impedes upon the property rights of any party that there could be a legal challenge to that imposition; being as it is such that whatever condition the Commission proposes on the easement, a hindrance of property rights would exist and stated there is no safe path to take in terms of a legal challenge.

Commissioner Romano DeFazio asked whether the tribal consultation would need to take place regardless of any decision made by the Commission at the meeting, and also asked about the Applicant having disagreement with the findings of the City Attorney in regard to the conditions.

City Manager Wolfe responded that a decision that could take place without the consultation needing to take place would be one of denial, but that any decision for approval or recommendation for approval would require the tribal consultation be first completed. Wolfe responded that the Applicant has disagreed with the conditions and the AB 52 consultation process, and recommended that the Commission hear the Applicants position before making a decision.

Commissioner Reese asked what the basis was for the consultation request (i.e. tribal resources).

City Manager Wolfe responded that under AB 52, before any environmental review under CEQA is completed, the City is required to offer the Tribe the opportunity to consult with the City, and the Tribe can indicate they desire consultation without needing any justification for the request.

Marc Levun, Applicant, provided a presentation in which he discussed the meeting minutes of the November 17th, 2022 Planning Commission meeting, stating that the Commission at that meeting directed Staff to bring back a Resolution for approval, and disagreed with Staff bringing multiple resolutions at the January 5th hearing. In regard to the AB 52 consultation request, Mr. Levun stated that his understanding was that if a third party such as the Chumash had an issue with the project processing, they could file Attachment 4 Page 142 of 402
Regular Planning Commission Meeting Minutes Page 5 January 5, 2023 for an appeal. He also stated that it is not the case that a new approval for the project is required. He discussed the concerns with the conditions of approval, which was regarding four conditions related to traffic impacts and improvements.

City Manager Wolfe addressed the Applicant and Commission, responding that before the Applicant presents the rest of their testimony before the Commission had decided on an action to take whether or not to hear testimony on the project, the desire was to give the Applicant an opportunity to speak on their position in regard to the AB 52 matter.

Commissioner Romano DeFazio spoke, addressing the Applicant, and stated that Mr.

Levun had pushed the Commission at the last public hearing to try and get a vote and not vote for a 30-40 day extension and stated she felt it was disingenuous on his part to state that the meeting minutes were wrong, and stating that the meeting was confusing. Her understanding was that if findings were to be made that were acceptable based on all the contingences and conditions, then the project could be approved, but that the project is not currently approved as is.

Planning Director Keefer confirmed Commissioner Romano DeFazio’s statement that the project has not been approved, and that the Commission, taking into consideration what City Manager Wolfe previously stated, may still hear the staff presentation and discuss the findings and conditions, if so desired.

The Commission discussed the options presented and elected to continue the hearing to a date uncertain without hearing the rest of the Applicants presentation.

Marc Levin, Applicant, stated that a 2-3 month delay at this point in the process is egregious and that by adding a condition that Staff would continue to work on the AB 52 consultation would satisfy the legal requirement.

City Manager Wolfe stated that it would not satisfy the legal requirement because AB 52 is very specific and requires the consultation be completed before a CEQA determination can be made.

Sam Cohen, Government Affairs and Legal Officer for the Santa Ynez Band of Chumash Indians, addressed the Commission stating they will try and get the consultation completed within a 2-3month time period.

MOTION:

Chair Hammel moved and Vice Chair Mercado seconded the motion to continue the hearing to a date uncertain.

VOTE:

Motion passed with a 5-0 roll call vote.

Attachment 4 Page 143 of 402
Property Description, Project Description, and
Findings for 515 McMurray Road
Introduction
Cal Gran Properties, LLC is the owner of the real property (the “Property”) located along the west side of McMurray Road approximately 700 feet north of Highway 246 within the City of Buellton (the “City”). The Property contains approximately 64,606 square feet of lot area and is described as Parcel 4 of Parcel Map 13438, as recorded in Book 32, Pages 36 and 37 of Parcel Maps in the Office of the Santa Barbara County Recorder. The Property is referenced as Assessor’s Parcel No. 137-170-046 and is commonly referred to as 515 McMurray Road. In-N-Out Burgers, a California Corporation (“INO” or the “Applicant”) intends to lease the Property, demolish the Property’s existing structure, and construct and operate a new 3,885 square foot restaurant, as well as an ancillary trash enclosure, patio, and drive-through lane (the “Project”).

The Project will require the following discretionary entitlements:
1) A conditional use permit (CUP), pursuant to Buellton Municipal Code (“BMC”) Section 19.08.110, to allow a drive-through use in the CR zone;
2) Final Development Plan approval, pursuant to BMC Section 19.08.120 3) A Signage Exemption, pursuant to BMC Section 19.04.174.A.2, to permit a pole sign 45 feet in height, in lieu of the 30-foot maximum height for pole signs per BMC Section 19.04.172.B.1.c.

Property Description
The Property is currently improved with a two-story, 10,053 commercial structure previously used as a theater. The Property’s remaining lot area is improved with surface parking. The Property is zoned “CR”, or General Commercial. While restaurants are permitted by-right in the CR zone,1 the
Project’s proposed drive-through use requires conditional approval pursuant to BMC Section 19.08.110.

The CR zone restricts height to 35 feet and restricts does not restrict floor area ratio.

The Property abuts Highway 101 to the west. The Property’s immediate neighbors to the north and south are a Marriott® hotel and a McDonalds® restaurant, respectively. The lot across McMurray Road to the east is currently vacant. In general, nearby portions of McMurray Road are utilized for hotels and restaurants indicative of the location’s proximity to Highway 101 and Buellton’s positioning as a main urban area between Santa Barbara and San Luis Obispo. The nearest residentially zoned properties are located on the opposite side of McMurray Road and on the east side of Valley Vineyard Circle.

While the Property is generally flat, there is an approximately 14 foot grade difference between the Property’s highest point (at its northeast corner) and its lowest point (at its northwest corner).

1 BMC Section 19.02
Attachment 5 Page 144 of 402
Much of this grade differential occurs within the Property’s first few feet along McMurray Road, creating the appearance of a landscaped berm against the public right-of-way. The Project’s proposed site plan maintains this arrangement while reinforcing the grade difference with a variable height retaining wall.

Pursuant to a note recorded on Parcel Map 13438, the Property has reciprocal vehicular access with Lots 3 (the Marriott) and Lot 2 (improved with a two-story structure used as a Chumash Employee Resource Center). As discussions with the neighboring properties and the project design has progressed, the Marriott property expressed a desire for the INO property to close the access between the properties, so the final design includes a gate that will be locked at all times with a Knox-keyed padlock that can only be opened by emergency responders. INO and its customers will not access the Marriott property through this gate.

Project Description
The Applicant proposes to demolish the Property’s existing structure and construct a new 3,885 square foot restaurant (an In-N-Out Burger) with a 25-car dedicated drive-through lane, 54 parking spaces, and an ancillary trash enclosure at the Property. The Project’s 54 parking spaces easily satisfy BMC Section 19.01.142’s parking requirements. The Property’s additional space also allows the Project to provide over-flow drive-through queuing on-site as well as plenty area to unload trucks without the need for a formal loading space.2
The Project truck movements are shown Page C30D of the attached plan set.

The proposed In-N-Out Burger will contain indoor seating for 74 guests and outdoor seating for approximately 56 guests. The covered patio is connected to the main structure. The building is located in the eastern half of the Property at approximately the same distance from McMurray Road as the McDonalds building to the south.

The proposed building has been elegantly designed to both enhance the community’s design aesthetic while maintaining In-N-Out Burger branding. The building is single-story and approximately 20 feet to the top of the flat roof parapet, and approximately 30’ to the top of the tile roofed architectural towers which frame the customer entrances. The Project’s Bone China White stucco and the arches along the customer entry facades and in the attached patio – which is located at the building’s eastern edge and faces McMurray Road – are designed to be consistent with the mission-style architecture prevalent in the area. Each of the building’s facades includes a wall sign with In-N-Out Burger’s logo. The Project also provides a 45-foot tall pole sign visible from Highway 101 (near the drive-through exit) and an eight foot monument sign visible from McMurray Road. The 584 square foot ancillary trash enclosure uses the same design motif as the rest of the Project. The proposed landscaping adds to the Project’s outdoor California experience.

Construction for the restaurant will be done in a single phase and take approximately 6 months, with a typical progression of construction activities. These activities, some of which would run concurrently, include site preparation and limited grading of about 4 to 6 weeks, building construction of about 4 months, paving and striping of about 3 weeks, and landscaping of about 2 weeks.

2 Though not a separate entitlement, relief from BMC Section 19.04.142 may be granted as part of the Project’s Final Development Plan Approval, as noted in BMC Section 19.04.140.G.

Attachment 5 Page 145 of 402
The restaurant will operate 7 days a week, from 10:00 AM to 1:00 AM Sunday through Thursday, and from 10:00 AM to 1:30 AM on Friday and Saturday. The restaurant, drive-thru, and parking lot, as with all In-N-Out Burgers restaurants, will be well-lit and meticulously maintained. The restaurant will be staffed by approximately 12-15 Associates per shift, with 3 shifts per day.

In-N-Out Burger cooks all of its burgers and fries to order – nothing is pre-cooked and there are no cooked food holding bins. This restaurant will be equipped with three burger grills. Two grills will operate at all times, and activation of the third grill will be done in response to high dine-in or, more typically, high drive-through demand as activating the third grill significantly increases the speed at which drive-through orders are delivered to customer vehicles. Standard store operating procedure dictates that as soon as the drive-through queue reaches the 9th car, In-N-Out Associates are deployed outside to take orders using hand-held ordering tablets. The use of these tablets puts orders into the kitchen faster than ordering at the menu boards, and, when combined with increased production from the third grill, the result is extremely fast and efficient food production with the shortest possible food wait times, and therefore the shortest possible drive-through vehicle queues.

Awareness of the queue reaching the 9th car is enhanced with outdoor cameras and indoor monitors. There will be between 4 and 6 outdoor cameras on this site, with 3 or 4 of them specifically viewing the drive-through lane. These cameras display on multiple monitors located inside the restaurant including at the manager’s office, above the grills, and at both the pay and pickup windows.

There is no delivery dock or designated delivery parking bay required on the premises as deliveries are made only by In-N-Out owned and operated vehicles, after the restaurant is closed to the public, between the hours of 2 AM and 9 AM. No alcoholic beverages will be served.

Findings
BMC Sections 19.08.020.B, 19.08.110.D and 19.08.120.F, requires the Planning Commission to make the following findings as part of a conditional use and final development plan approval:

1. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and intensity of development proposed.

The Property contains 64,606 square feet of lot area. This area allows for almost double the minimum required parking for a 3,885 square foot restaurant as well as a 25-car dedicated drivethrough queue and an ancillary trash enclosure. The Property is 177-feet wide, easily allowing for proper circulation, while the topography is mostly flat while sloping gently to the west, allowing for a straightforward grading plan and drainage to the storm drain already in place (at the eastern edge of the property). The Property was previously developed with a two-story theater, meaning that the utilities are already in place.

The specific location befits an In-N-Out Burger because of its proximity to Highway 101 and because local residents will enjoy an additional nearby food amenity. Adjacent segments of McMurray Road are used almost exclusively for hotels, similar fast food restaurants, and other highway-oriented Attachment 5 Page 146 of 402
land uses. An In-N-Out Burger brings synergy to the locale by giving travelers a dining option on their way from Santa Barbara to San Luis Obispo, while also providing hotel guests a fresh food option while staying in Buellton. Currently, the nearest In-N-Out Burger locations to the Property are located in Goleta and Santa Maria. Placing an In-N-Out Burger at this location keeps more jobs and more tax revenue in Buellton. At any given time, a typical INO store employs roughly 50 people. Their wages contribute to the local economy via the indirect multiplier effect (for example: as employees spend their wages, their expenditures create the demand for additional new jobs in other market sectors).

2. That adverse impacts are mitigated to the maximum extent feasible.

The Project will not create significant adverse impacts. The Applicant anticipates that the Project will utilize a Class 32 (in-fill development) Categorical Exemption as its CEQA clearance. This is possible because the Project: (1) is consistent with the General Plan; (2) is proposed within the Buellton City limits and is less than five acres in lot area; (3) is located on a site with no value as a habitat for endangered species; (4) will not have significant traffic noise, air quality or water quality impacts; and (5) can be adequately served by all required utilities and public services.3 The Project will redevelop an
existing urban area with a 3,885 square foot restaurant and other ancillary uses. Technical studies affirming these findings will be prepared as part of this entitlement process.

Nevertheless, certain Project features are in place in order to minimize or eliminate any potential impact to the Property’s neighbors. The Project provides additional parking and drive-through queue length to avoid circulation problems on neighboring streets. The restaurant is not located in direct proximity to any residentially zoned properties, and will not be a nuisance to its immediate neighbors.

3. That streets and highways are adequate and properly designed.

McMurray Road is designated as a commercial collector by the General Plan’s Circulation Element. No additional dedications to McMurray Road are required at this time.

4. 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 Property is adequately served by all public services and utilities. The Project includes a redevelopment of an existing urbanized site and is located within the City of Buellton and in the service area for City of Buellton Police Department and the Santa Barbara County Fire Department. The Project’s water, fire, telephone, gas, and electric lines have connections to McMurray Road, while a storm drain already exists at the Property’s rear.

5. That the project 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.

3 CEQA Guidelines – California Code of Regulations Section 15332.

Attachment 5 Page 147 of 402
The Project’s location, size, height, operations and other significant features will be compatible with the surrounding neighborhood. As noted above, the Project is located within an established commercial corridor and will complement existing commercial uses and services available along McMurray Road. The proposed Project is for the demolition of an existing theater and the construction, use and maintenance of a drive-through fast food restaurant. The proposed restaurant is approximately 3,885 square feet in floor area, with 74 seats indoors and 56 seats outdoors in a one-story building 30 feet in height. Proposed hours of operation are Sunday through Thursday, 10:30 AM to 1:00 AM, and Friday and Saturday, 10:30 AM to 1:30 AM. These hours provide a late-night dining service in area where few late night dining amenities currently exist.

The Project is compatible in size and height with neighboring developments, including nearby hotels and other fast food restaurants. The nearest residential uses are approximately 250 feet northeast of the proposed building’s location and are separated from the Project by McMurray Road.

The proposed building location is similarly setback from McMurray Boulevard as the neighboring McDonalds restaurant to the south, thereby creating design synergy with its neighbor.

6. The project is in conformance with the applicable provisions of this title and the general plan.

The Project conforms to the regulations for the CR zone and to the General Plan. The CR zone is intended to provide “areas to serve community retail business and commercial needs including stores, shops, and offices on individual lots and in shopping centers, supplying commodities or performing services for the residents of the entire community.”4 The Project locates a new restaurant option that serves both the neighboring hotel guests and the entire City’s residents.

The CR zone is consistent with the General Plan Land Use Element’s “General Commercial” zone designation. The Project promotes the Land Use Element’s Policy L-25 (“The visitor-serving sector of the local economy should be maintained and, as demand increases, expanded”) by allocating a new restaurant near the City’s primary Highway 101 off-ramp and near multiple hotels. The Project also directly conforms to the Land Use Element’s Goals 1, 2, 3, and 5 by expanding the local economy by adding new jobs and creating additional sales tax, adding to the locally-available amenities for residents by providing an additional restaurant, and focusing growth inward by redeveloping and existing urbanized site.

7. That the project will not conflict with any easements required for public access through, or public use of a portion of the property.

The Project does not conflict with any public easement.

8. That the proposed development is in conformance with the community design guidelines.

4 BMC Section 19.02.200
Attachment 5 Page 148 of 402
The Project conforms to the Community Design Guidelines as best as possible. The Project’s elevations contain mission revival design elements, including its color, its use of arches, tile roofs and exposed wood eaves, and its overall aesthetic expression. The building features a varied color palate, including the tile roof, exposed dark wood eaves, and arched window reveals, and red and yellow signage. The Project’s building form maintains design symmetry throughout its various elements and ancillary trash enclosure. The attached patio both helps diners utilize California’s wonderful climate, while also extending the building’s columns outward toward McMurray Road. This patio creates a feature similar to the arcades and covered walkways directly encouraged by Community Design Guidelines Page 17.

Given the Property’s large size, proximity to Highway 101, and the lack of existing pedestrian amenities along McMurray Road, the Project admirably includes various design features that help facilitate as much pedestrian activity as possible. The original site plan shown to City Planning Commission ran essentially parallel to Highway 101, with the nearest building façade located approximately 300 feet east of the sidewalk. The proposed site design re-orients the building and includes a covered patio that extends the building over 100 feet closer to the street. The new site design includes an accessible path of travel that helps pedestrians traverse the existing grade change from the road to our structure with as little interaction with cars as possible. The outdoor patio includes a courtyard feel and seating areas to allow people to eat their food outside.

The Project’s site design also conforms to the Community Design Guidelines’ landscape standards. The Project uses planting materials appropriate for the climate. The Project includes trees along all portions of the parking area, including the area directly abutting Highway 101. The Project’s landscaping provides both shade and additional visual appeal by adding to the Project’s overall color palate. Trees are installed in 24 inch and 36 inch containers to allow mature tree growth from day one.

Additionally, the following finding is required specifically for drive-through establishments:

9. That the drive-through facility is found to have no greater adverse impact upon air quality than the same use without the drive-through facility.

The Project’s air quality analysis will demonstrate that the Project, including the proposed drivethrough use, does not create any significant adverse impact. The drive-through allows the restaurant to accommodate as many diners as possible as quickly as possible.

Lastly, the following finding is required for an exemption to the BMC’s signage regulations pursuant to BMC Section 19.04.174

10. The existing standards do not allow for effective business identification due to a special (physical) circumstance applicable to the site
In order to be visible from Highway 101, any pole sign needs to clear a line of trees located within the Department of Transportation’s right-of-way.

Attachment 5 Page 149 of 402

11. All other alternatives within the established sign standards have been examined, and the results would still not provide effective business identification.

INO reviewed potential heights and locations for signage and concluded that the pole sign must exceed 30 feet in height in order to be visible if the Project is to include the vehicular access to the hotel to the north. Please see the image below to demonstrate this:

As shown above, the neighboring McDonalds pole sign, which is also approximately 45 feet in height, is barely visible above the tree line along Highway 101. Like the McDonalds sign, INO’s proposed pole sign is also significantly setback from the highway’s right-of-way, necessitating additional height in excess of the BMC’s 30’ height limit. INO intends to produce signage that is as visible as our neighbor’s signage.

12. The resulting sign proposal is visually compatible with the existing site and surroundings, and meets the intents and purposes of this chapter
The Project’s 45-foot tall pole sign is similar in height to the neighboring McDonalds’ pole sign, located approximately 200 feet south of INO’s proposed sign. The pole sign will not exceed the building height of the hotel directly to the Property’s north, which stands at four stories tall and includes pitched roofs that add additional height. Therefore, the Project’s pole sign is visually compatible with its surroundings.

Attachment 5 Page 150 of 402
DEVELOPER: IN-N-OUT BURGER 13502 HAMBURGER LANE BALDWIN PARK, CA 91706 CONTACT: MARC LEVUN PHONE: 626 813-5378 CIVIL ENGINEER: IN-N-OUT BURGER 515 McMURRAY ROAD BUELLTON, CA 93427 CITY ENTITLEMENT NEW SITE PLAN C30 6/26/2023 11:43:10 AM, MSL ENGINEERING, INC., (SA)

C31

CITY ENTITLEMENT

EXISTING SITE PLAN
DEVELOPER:

IN-N-OUT BURGER
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
CONTACT: MARC LEVUN
PHONE: 626 813-5378
CIVIL ENGINEER: IN-N-OUT BURGER
515 McMURRAY ROAD
BUELLTON, CA 93427 6/26/2023 11:43:16 AM, MSL ENGINEERING, INC., (SA)

C32

CITY ENTITLEMENT

DEMOLITION PLAN
DEVELOPER:

IN-N-OUT BURGER
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
CONTACT: MARC LEVUN
PHONE: 626 813-5378
CIVIL ENGINEER: IN-N-OUT BURGER
515 McMURRAY ROAD
BUELLTON, CA 93427 6/26/2023 11:43:20 AM, MSL ENGINEERING, INC., (SA)

DEVELOPER:

IN-N-OUT BURGER
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
CONTACT: MARC LEVUN
PHONE: 626 813-5378
CIVIL ENGINEER: IN-N-OUT BURGER
515 McMURRAY ROAD
BUELLTON, CA 93427

CITY ENTITLEMENT

GRADING AND
DRAINAGE PLAN C33 6/26/2023 11:43:25 AM, MSL ENGINEERING, INC., (SA)

DEVELOPER: IN-N-OUT BURGER 13502 HAMBURGER LANE BALDWIN PARK, CA 91706 CONTACT: MARC LEVUN PHONE: 626 813-5378 CIVIL ENGINEER: IN-N-OUT BURGER 515 McMURRAY ROAD BUELLTON, CA 93427 CITY ENTITLEMENT STORM DRAIN AND UTILITY PLAN C34 6/26/2023 11:43:30 AM, MSL ENGINEERING, INC., (SA)

DEVELOPER: IN-N-OUT BURGER 13502 HAMBURGER LANE BALDWIN PARK, CA 91706 CONTACT: MARC LEVUN PHONE: 626 813-5378 CIVIL ENGINEER: IN-N-OUT BURGER 515 McMURRAY ROAD BUELLTON, CA 93427 CITY ENTITLEMENT STORMWATER CONTROL PLAN (SCP) EXHIBIT C35 6/26/2023 11:43:35 AM, MSL ENGINEERING, INC., (SA)

C36.0

CITY ENTITLEMENT

HYDROLOGY STUDY

MAP - EXISTING

CONDITION
DEVELOPER:

IN-N-OUT BURGER
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
CONTACT: MARC LEVUN
PHONE: 626 813-5378
CIVIL ENGINEER: IN-N-OUT BURGER
515 McMURRAY ROAD
BUELLTON, CA 93427 6/26/2023 11:43:39 AM, MSL ENGINEERING, INC., (SA)

CITY ENTITLEMENT HYDROLOGY STUDY MAP - PROPOSED CONDITION DEVELOPER: IN-N-OUT BURGER 13502 HAMBURGER LANE BALDWIN PARK, CA 91706 CONTACT: MARC LEVUN PHONE: 626 813-5378 CIVIL ENGINEER: IN-N-OUT BURGER 515 McMURRAY ROAD BUELLTON, CA 93427 C36.1 6/26/2023 11:43:45 AM, MSL ENGINEERING, INC., (SA)

CITY ENTITLEMENT

TOPOGRAPHY SURVEY
MAP
DEVELOPER:

IN-N-OUT BURGER
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
CONTACT: MARC LEVUN
PHONE: 626 813-5378
CIVIL ENGINEER: IN-N-OUT BURGER
515 McMURRAY ROAD
BUELLTON, CA 93427
C37 6/26/2023 11:43:50 AM, MSL ENGINEERING, INC., (SA)

C38

CITY ENTITLEMENT

RECORD BOUNDARY

AND EASEMENT MAP
DEVELOPER:

IN-N-OUT BURGER
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706
CONTACT: MARC LEVUN
PHONE: 626 813-5378
CIVIL ENGINEER: IN-N-OUT BURGER
515 McMURRAY ROAD
BUELLTON, CA 93427 6/26/2023 11:43:54 AM, MSL ENGINEERING, INC., (SA)

DEVELOPER: IN-N-OUT BURGER 13502 HAMBURGER LANE BALDWIN PARK, CA 91706 CONTACT: MARC LEVUN PHONE: 626 813-5378 CIVIL ENGINEER: IN-N-OUT BURGER 515 McMURRAY ROAD BUELLTON, CA 93427 CITY ENTITLEMENT EROSION CONTROL PLAN C39 6/26/2023 11:44:00 AM, MSL ENGINEERING, INC., (SA)

WASHINGTONIA ROBUSTA IN N OUT CROSS PLAMS MEXICAN FAN PALM 20' CBT SKIN TRUNKS TO INDUSTRY STANDARD DOCUMENT ANSI Z60.1 LOW SHRUBS TECOMA HYBRID 'SOLAR FLARE' SOLAR FLARE ESPARANZA NORTHERN EXPOSURE SIENNA HEUCHERA HEUCHERA X 'TNHEUNESI' 1 GALLON 1 GALLON 5 GALLON DIANELLA TASMANICA VARIEGATED FLAX LILY ‘VARIEGATA’ NANDINA DOMESTICA OBSESSION NANDINA 'OBSESSION' LIGUSTRUM SINENSIS ‘SUNSHINE’ SUNSHINE LIGUSTRUM LOW LOW MED 5 GALLON LOW 5 GALLON 5 GALLON LOW LOW HESPERALOE PARVIFLORA 'BRAKELIGHTS' RHAPHIOLEPIS INDICA 'BALLERINA' BRAKELIGHTS RED YUCCA BALLERINA INDIAN HAWTHORN 15 GALLON LOW 5 GALLON LOW MAHONIA AQUIFOLIUM OREGON GRAPE 15 GALLON 36" O.C. LOW 36" O.C. 36" O.C. 36" O.C. 36" O.C. 24" O.C. 24" O.C. 24" O.C. 24" O.C. TRIANGLE SPACING TRIANGLE SPACING TRIANGLE SPACING TRIANGLE SPACING TRIANGLE SPACING TRIANGLE SPACING TRIANGLE SPACING TRIANGLE SPACING TRIANGLE SPACING BLONDE AMBITION BLUE GRAMA GRASS BOUTELOUA GRACILIS 'BLONDE AMBITION' GROUNDCOVER LANTANA CAMARA 'MONIKE' TEENIE GENIE 1 GALLON 36" O.C. TRIANGLE SPACING LOW NOTE: 1. TREES - ALL TREES SHALL BE A MINIMUM OF 24" BOX SIZE, UNLESS INDICATED OTHERWISE PER PLAN. 2. CONTRACTOR SHALL CONTACT IN-N-OUT PERSONNEL FOR FIELD LOCATION OF SAID BOULDERS. REFER TO BOULDER DETAIL. 3. QUANTITIES SHOWN ARE APPROXIMATE, CONTRACTOR SHALL VERIFY COUNT. 4. ALL PLANT MATERIAL SHALL BE REVIEWED AND APPROVED BY IN-N-OUT REP. AND LANDSCAPE ARCHITECT. 5. ALIGN TREES WITH PARKING STALLS STRIPING. 6. CONTRACTOR SHALL INSTALL RWS-M ROOT WATERING SYSTEMS WITH BUBBLER FOR ALL PALMS/TREES. 2 FOR ALL PALMS/TREES BERBERIS THUNBERGII 'ORANGE ROCKET' ORANGE ROCKET BARBERRY 5 GALLON 36" O.C. TRIANGLE SPACING 5 GALLON 36" O.C. TRIANGLE SPACING LOW PENNISETUM SETACEUM 5 GALLON LOW 'FIREWORKS' FIREWORKS FOUNTAIN GRASS TRIANGLE SPACING MED 36" O.C. +/- 128 +/- 2 COLEONEMA PULCHELLUM 'SUNSET GOLD' SUNSET GOLD BREATH OF HEAVEN 5 GALLON 36" O.C. TRIANGLE SPACING MED JUNIPERUS HORIZONTALIS BLUE CHIP JUNIPER 'BLUE CHIP' 1 GALLON 36" O.C. +/- 1,745 TRIANGLE SPACING SQ.FT. PLANTING LEGEND SYMBOL BOTANICAL NAME TREES COMMON NAME SIZE SPACING QUANTITY REMARKS CERCIS CANADENSIS 'FOREST PANSY' EASTERN REDBUD STANDARDS - MATCHED PER PLAN STANDARDS - MATCHED STANDARDS - MATCHED PER PLAN PER PLAN GINKGO BILOBA MAIDENHAIR TREE STANDARDS - MATCHED PER PLAN PISTACIA X 'RED PUSH' RED PUSH PISTACHE ACER PALMATUM 36" BOX 'RHODE ISLAND RED' RHODE ISLAND RED JAPANESE MAPLE STANDARDS MATCHED MED ARBUTUS X 'MARINA' MARINA STRAWBERRY TREE 36" BOX STANDARDS MATCHED ACER RUBRUM RED SUNSET MAPLE MED 'FRANKSRED" 48" BOX 24" BOX 24" BOX 24" BOX +/- 5 +/- 5 +/- 3 +/- 7 +/- 19 +/- 15 PER PLAN PER PLAN HEMEROCALLIS X RUBY SPIDER DAYLILY 'RUBY SPIDER' LIRIOPE GIANT LILY TURF 'GIGANTEA' 5 GALLON 36" O.C. TRIANGLE SPACING LOW PER PLAN MED MED MED MED ZONE 4 WUCOLS WEST COASTER WEST COAST TURF DWARF TALL FESCUE FESTUCA ARUNDINACEA SOD +/- 570 SQ. FT. PER PLAN PER PLAN MED CUPHEA HYSSOPIFOLIA 'MONGA' WHITE FALSE HEATHER 5 GALLON 36" O.C. TRIANGLE SPACING MED A PATCH AND REPAIR TURF AND SHRUB AREA AS NEEDED +/- 105 +/- 158 +/- 49 +/- 108 +/- 118 +/- 107 +/- 115 +/- 37 +/- 205 +/- 132 +/- 87 +/- 40 +/- 85 +/- 188 +/- 108 LOW BUXUS MICROPHYLLA VAR. JAPONICA 'WINTER GEM' WINTER GEM BOXWOOD 5 GALLON 12" O.C. +/- 131 ROOT BALL TO ROOT LOW BALL DEPENDENT ON PLANT SIZE PROTECTIVE BARRIER HEDGE AA A A A A A A A A A A A A A A A A A A A A A A A A AA A AA AA A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A AA A A A A A A A A A A A A A A A A A AA AAA A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A AA A A A A A A A A A A A A A A DEVELOPER: IN-N-OUT BURGER 13502 HAMBURGER LANE BALDWIN PARK, CA 91706 CONTACT: MARC LEVUN PHONE: 626 813-5378 IN-N-OUT BURGER 515 McMURRAY ROAD BUELLTON, CA 93427 LANDSCAPE ARCHITECT: Signature BRANDON PETRUNIO NO. 5894 S T A T E O F C A L IFO RNIA Date Renewal Date LANDSCAPE ARCHITECTS LANDSCAPE ARCHITECTS BRANDON PETRUNIO & ASSOCIATES, INC. Design Studio: 301 N. San Dimas Ave., San Dimas, CA. 91773 Corp Office: 15699 Cherry Leaf Lane, Fontana, CA. 92336 T: (424) 235-8940, M: (951) 312-9943, E: [email protected] 06/26/2023 01/31/2025 CIVIL ENGINEER: PLAN VIEW SCALE: 1" : 20'-0" BOULDER PLACEMENT (GROUPINGS) SHALL BE REVIEWED BY THE LANDSCAPE ARCHITECT PRIOR TO PLACEMENT. 321 BOULDER # SIZE TYPE/ COLOR/ MANUFACTURER 1' X 2' X 3' 2' X 4' X 3' 3' X 3' X 3' LANDSCAPE BOULDER LEGEND DECORATIVE STONE SOLUTIONS BOULDER/ COLOR: AMBER CLOUD PH: 800-699-1878 DECORATIVE STONE SOLUTIONS BOULDER/ COLOR: AMBER CLOUD PH: 800-699-1878 DECORATIVE STONE SOLUTIONS BOULDER/ COLOR: AMBER CLOUD PH: 800-699-1878 TOTAL INSTALLED TURF AREA: 570 S.F. (4%) TOTAL INSTALLED PLANTING (SHRUB/GROUNDCOVER) AREA: 14,882 S.F. (96%) TOTAL INSTALLED LANDSCAPE AREA: 15,452 S.F. (100%) CITY ENTITLEMENT LANDSCAPE PLANTING PLAN SYMBOL LANDSCAPE CONSTRUCTION LEGEND MATERIAL SQ. FT. 3" THICK MULCH LAYER TO BE INSTALLED IN +/- 14,602 S.F. ALL PLANTERS WITHOUT DRY STREAM BED,GRAVEL, OR BIOSWALES. NO SYMBOL SHOWN 6" X 6" MOW CONCRETE BAND TO SEPARATE ALL LAWN AREAS FROM PLANTER AREAS LANDSCAPE AREA CALCULATION NOTE: AFTER MAJOR GRADING OPERATIONS ARE COMPLETED, CONTRACTOR SHALL OBTAIN SOIL SAMPLES FROM MIN 6" DEPTH AND SUBMIT TO AN APPROVED LABORATORY FOR ANALYSIS AND RECOMMENDATIONS. OBTAIN A MINIMUM OF 1 SAMPLE PER ACRE AND 1 SAMPLE AFTER IMPLEMENTATION OF FIRST REPORT FOR VERIFICATION SOIL MEETS SOILS LAB STANDARDS. REPORTS MUST BE SUBMITTED TO LANDSCAPE ARCHITECT, CITY AND OWNERS REP. FOR REVIEW AND APPROVAL. AGRONOMIC SOILS REPORT REQUIREMENT IT IS THE INTENT TO PROVIDE AN IRRIGATION DESIGN UTILIZING DRIP IRRIGATION SYSTEM FOR THE ENTIRE SITE BURIED A CONSTANT 4" BELOW FINISH GRADE AND STAPLED DOWN @ 5' INTERVALS FOR ADDED PROTECTION. THE IRRIGATION SYSTEM SHALL BE CONTROLLED BY A SMART CONTROLLER WITH ONSITE WEATHER SENSOR AND REMOTE OPERATION THROUGH THE INTERNET FROM CENTRAL LOCATION. CONTROLLER SHALL BE A TYPE WHICH AUTOMATICALLY ADJUSTS RUNTIMES AND FREQUENCIES BASED, NOT ONLY ON HISTORICAL ET, BUT ACTUAL ONSITE WEATHER CONDITIONS. LANDSCAPE IRRIGATION INTENT: TREE ROOTBARRIER - FIBERWEB BIO BARRIER: · CONTRACTOR SHALL INSTALL TREE ROOT BARRIERS FOR ALL TREES WITHIN 6' OF CONCRETE EDGE. INSTALL THE 24" VERSION AND SHALL BE CONTINUOUS FOR 10' ON EITHER SIDE OF TREE. · STREET TREES AND OTHER TREES LOCATED WITHIN 10-FEET OF THE PUBLIC RIGHT-OF-WAY (WITH THE EXCEPTION OF PALM TREES) SHALL BE PROVIDED WITH A BIO BARRIER. I HAVE COMPLIED WITH THE CRITERIA OF THE WATER EFFICIENT LANDSCAPE ORDINANCE (STATE OF CALIFORNIA TITLE 23, DIVISION 2, CHAPTER 2.7) AND APPLIED THEM ACCORDINGLY FOR THE EFFICIENT USE OF LANDSCAPE DESIGN PLAN. BRANDON PETRUNIO, RLA 5894: DATE: TITLE 23 - WATER EFFICIENT LANDSCAPE COMPLIANCE NOTE 24" WIDE MATTED INOB ASSOCIATE WALKWAY REFER TO CIVIL PLANS FOR DETAILS. BUXUS MICROPHYLLA VAR. JAPONICA 'WINTER GEM' 24" WIDE MATTED INOB ASSOCIATE WALKWAY LANDSCAPE BOULDER COLOR: AMBER CLOUD 6" X 6" CONCRETE MOWBAND N W S E GRAPHIC SCALE SCALE: 1" : 20'-0" 20' 10' 0' 20' 40' 60' WASHINGTONIA ROBUSTA IN N OUT CROSS PLAMS TECOMA HYBRID 'SOLAR FLARE' DIANELLA TASMANICA ‘VARIEGATA’ NANDINA DOMESTICA 'OBSESSION' LIGUSTRUM SINENSIS ‘SUNSHINE’ HESPERALOE PARVIFLORA 'BRAKELIGHTS' RHAPHIOLEPIS INDICA 'BALLERINA' MAHONIA AQUIFOLIUM BOUTELOUA GRACILIS 'BLONDE AMBITION' LANTANA CAMARA 'MONIKE' BERBERIS THUNBERGII 'ORANGE ROCKET' PENNISETUM SETACEUM 'FIREWORKS' COLEONEMA PULCHELLUM 'SUNSET GOLD' JUNIPERUS HORIZONTALIS 'BLUE CHIP' CERCIS CANADENSIS 'FOREST PANSY' GINKGO BILOBA PISTACIA X 'RED PUSH' ACER PALMATUM 'RHODE ISLAND RED' ARBUTUS X 'MARINA' ACER RUBRUM 'FRANKSRED" HEMEROCALLIS X 'RUBY SPIDER' LIRIOPE 'GIGANTEA' DWARF TALL FESCUE FESTUCA ARUNDINACEA CUPHEA HYSSOPIFOLIA 'MONGA' PATCH AND REPAIR TURF AND SHRUB AREA @ ADJACENT PROPERTY AS NEEDED (TYP.) PATCH AND REPAIR TURF AND SHRUB AREA @ ADJACENT PROPERTY AS NEEDED CIVIL DRAWINGS REFERENCE NOTE: - REFER TO CIVIL DRAWINGS SHEET C3 FOR THE FOLLOWING ITEMS: - DIMENSIONS OF ALL PROPERTY LINES - LABELING OF ALL EXISTING AND PROPOSED BUILDINGS, STRUCTURES, AND LANDSCAPING ELEMENTS. - ALL TABULATION OF SITE ITEMS INCLUDING PERMEABLE AND NON PERMEABLE SURFACES. 2 PERSON TABLE (TYP.) TABLE (TYP.) TABLE & UMBRELLA (TYP.) TRASH RECEPTACLE (TYP.) SITE WALL (TYP.) TRASH ENCLOSURE SITE LIGHTING (TYP.) ACCENT PAVING (TYP.) BICYCLE RACK ASSOCIATE UMBRELLA STAND (TYP.) 6" X 6" CONCRETE MOWBAND 6" X 6" CONCRETE MOWBAND STEEL EDGING (TYP.) LONG TERM BICYCLE STORAGE HEUCHERA X 'TNHEUNESI' June 26, 2023 LPP.1

DEVELOPER: IN-N-OUT BURGER 13502 HAMBURGER LANE BALDWIN PARK, CA 91706 CONTACT: MARC LEVUN PHONE: 626 813-5378 IN-N-OUT BURGER 515 McMURRAY ROAD BUELLTON, CA 93427 LANDSCAPE ARCHITECT: Signature BRANDON PETRUNIO NO. 5894 S T A T E O F C A L IFO RNIA Date Renewal Date LANDSCAPE ARCHITECTS LANDSCAPE ARCHITECTS BRANDON PETRUNIO & ASSOCIATES, INC. Design Studio: 301 N. San Dimas Ave., San Dimas, CA. 91773 Corp Office: 15699 Cherry Leaf Lane, Fontana, CA. 92336 T: (424) 235-8940, M: (951) 312-9943, E: [email protected] 06/26/2023 01/31/2025 CIVIL ENGINEER: 1 2 ELEVATION 'A' ELEVATION 'C' ELEVATION 'D' CANE BOLT. LOCATE AT INTERIOR FACE OF GATE. DRILL HOLES IN PAVEMENT FOR CANE BOLTS PER PLAN. ELEVATION 'B' 15 A13.0 8 A13.0 PROVIDE 2" GAP AT METAL JAMB AND PAVEMENT 10 A13.0 GALV. METAL COPING, PAINT WITH EP-1 EP-1 5 A13.0 6 A13.0 4 A13.0 0'-0" TO SLAB 8'-0" TO CMU 10'-0" BO BEAM 11'-9" TO FASCIA 1 EP-1 1 EP-1 SLIDE BOLT, REF 10/A13.0. OPH 2"x2"x3/16" ANGLE FRAME WITH 18 GA. METAL DECK WALL PANEL & 1"x1/4" THICK DIAG. BRACE AND SINGLE CANE BOLT. PAINT AXALTA IMRON, COLOR TO MATCH REFER TO A1.G PAINT SPEC. & KEYNOTE #13 ON A8.0/A9.0 . LOCATE CANE BOLT AT INTERIOR SIDE OF GATE. CANE BOLT HOLE AT OPEN POSITION ONLY. EP-1 EP-1 GATE: 2"x2"x3/16" ANGLE FRAME W/ 18 GA METAL DECK WALL PANEL. (2) 1"x1/4" THICK DIAG. BRACE WELDED TO FRAME & TACK WELDED TO EA. PANEL RIB. PAINT AXALTA IMRON, COLOR TO MATCH REFER TO A1.G PAINT SPEC. & KEYNOTE #13 ON A8.0/A9.0. EP-1 8" GATE HINGE POST, PAINT AXALTA IMRON, COLOR TO MATCH REFER TO A1.G PAINT SPEC. & KEYNOTE #13 ON A8.0/A9.0 8" GATE HINGE POST, PAINT AXALTA IMRON, COLOR TO MATCH REFER TO A1.F PAINT SPEC. & KEYNOTE #13 ON A8.0/A9.0 PADLOCK TAB WITH CHAIN TO LOCK. SEE HARDWARE GROUP 12A ON A11.1. LOCKSET MOUNTING GATEBOX, K-BXSIM WELDABLE BOX - 5 1/2"Wx10 1/4"Hx1 3/4"D BACKSET: 2 3/4". SEE HARDWARE GROUP 12 ON A11.1 1 EP-1 21 EP-1 1 EP-1 GALV. METAL COPING, PAINT WITH EP-12 EP-1 ALL GATE DETAILS, BOLLARDS, JAMBS, HINGES, ETC. TO BE PAINTED WITH AXALTA IMRON IND 9T01 TO MATCH COLOR EP-1 EP-4 12EP-1 2 CANE BOLT, REF 8/A13.0. 2'-6 1/2" TO STONE CAP 1. SEE SITE PLAN FOR LOCATION OF BOLLARDS, DETECTABLE WARNINGS, AND WHERE 0" CURB OR 6" CURB OCCURS. 24"x24"x1/4" DEEP SAW CUT
WITH CRACK CHASE - 45 DEG.

DIAGONAL PATTERN
1/4" TOOLED CONSTRUCTION

JOINT (POURED SEPARATE

FROM ADJACENT CONCRETE)

FRONT ENTRY BORDER TO
ALIGN WITH PILASTER.

FRONT ENTRY BORDER TO
ALIGN WITH PILASTER.
1/4" TOOLED CONSTRUCTION

JOINT (POURED SEPARATE
FROM ADJACENT CONCRETE) 24"x24"x1/4" DEEP SAW CUT WITH CRACK CHASE - 45 DEG. DIAGONAL PATTERN 1/4" DEEP SAW CUT CONTROL JOINTS - SEE 6/C10 A NOT TO SCALE B NOT TO SCALE WASAU TILE INC. STANDARD 4 SEAT ROUND (MODEL: TF3125G20F/L20) ADA COMPLIANT 3 SEAT ROUND (MODEL: TF3128G20F/L20) TRASH CONTAINER AND LID - MODEL: TF1015W3OF-58 C NOT TO SCALE F NOT TO SCALE TRASH DESCRIPTION W30 WEATHERSTONE BRIGHT WHITE TRASH RECEPTACLE 58 BEIGE GRANITE TRASH CAN LID WITH POLISHED DOOR. 1/4" DEEP SAW CUT CONTROL JOINTS - SEE 6/C10 NOTES: 1) TOP OF SEAT WALL TO REMAIN LEVEL, WALL HEIGHT VARIES AS REQUIRED TO ACCOMMODATE SLOPE OF PATIO PAVEMENT. CAST CONCRETE CAP COLOR: SUBMIT COLOR SAMPLES FOR APPROVAL BY IN-N-OUT BURGER CONSTRUCTION MANAGER. NOTES: 1. CONTRACTOR TO MINIMIZE NUMBER OF EXPANSION JOINTS IN PATIO WALL. 2. EXPANSION JOINT GROUT COLOR TO MATCH STONE CAP. 3. ALL DIMENSIONS ARE TO THE CENTERLINE (℄) OF THE WALL. E NOT TO SCALE D NOT TO SCALE A1 NOT TO SCALE STANDARD ROUND ADA CONMPLIANT A2 NOT TO SCALE G1 NOT TO SCALE 2 PERSON- BUILDING EDGE 1/4" TOOLED CONSTRUCTION JOINT (POURED SEPARATE FROM ADJACENT CONCRETE) SIDE ENTRY BORDER TO ALIGN WITH PILASTER. SIDE ENTRY BORDER TO ALIGN WITH PILASTER. 1/4" TOOLED CONSTRUCTION JOINT (POURED SEPARATE FROM ADJACENT CONCRETE) H NOT TO SCALE WASAU TILE INC. 2 SEAT- BUILDING TABLE SET (MODEL: TF3105G20F/L20) TABLE/ CHAIRS DESCRIPTION G20 GROUND & POLISHED WHITE TABLE TOPS AND SEATS L20 WHITE SMOOTH STAINED TABLE LEGS G2 NOT TO SCALE SITE CONCEPT CONSTRUCTION DETAILS LCC.1

FIRE RISER
ROOM

PREP AREA
105
COOLER
106

DINING ROOM
100

VESTIBULE
116
SELF

SERVING

BAR AREA

KITCHEN AREA
103

DRIVE THRU
CL
POTATO

PEELING
107

KITCHEN

ACCESSORY
AREA
104
POTATO

STORAGE
115

DRESSING
109

DRESSING
110
OFFICE
108
WALL LEGEND:
74 seats A12.0
1 2
3 4
2A
1 4
4A 5
3 9
10 8
2 B
F
G
H
I
J
A12.0
5 6
7 8

SERVING
AREA
102
A12.1
1 2
3 A12.1
1 4
5 6
A12.0
9 10
11 12
A12.1
9 7
8 A12.1
10 11
12 13
A12.1
18 19
20 21
A12.1
30 31
32 33
E
E1 K
L
A12.1
18 19
20 21
℄
A12.0
14 15
16 13
A12.0
9 14
A15.0
5 A15.0
1 A16.0
5 A15.0
B
A10.0
2 A8.0
A
A10.0
D
A10.1
2 A9.0
C
B A10.1
A10.0
1 A8.0
C
A10.1
E
A10.1
1 A9.0
1 A16.0
5 A16.1
1 A16.0
5 A15.0
11 A14.0
14 A17.0
14 A17.0
5 A15.0
6 A15.0
1 A16.0
1 A15.0 2
A15.0
4 A15.0
1 A15.0
SIM
6 A15.0
4 7 A15.0
A16.2
2 A15.0
1 A16.0
1 A15.0
5 A16.1
12 A16.0
12 A16.0
SIM
3 A19.0
7 A14.0
10 A14.0
6 A14.0
7 A17.0
5 A17.0

GENERAL NOTES
A12.0 17
SCALE:
1 FLOOR PLAN
1/4" = 1'-0"

SCALE:
2 A5.0

INTERNATIONAL SYMBOL OF ACCESSIBILITY /

TACTILE EGRESS SIGNAGE
N.T.S.

ACCESSIBLE SIGNAGE NOTES
5 A15.0
1 A16.0
1 A16.0
5 A15.0
5 A15.0
SIM.

F
A10.1

HALLWAY
111

WOMEN'S
113

RESTROOM

VESTIBULE
114
6 6A
7 MEN'S
112
A12.1
22 23
24 25
A12.1
26 27
28 29
A19.0/1
1 24
1/A19.0
3 2/A19.0 2
3 4
2/A19.0
1 7
A14.0
SIM. EXIT
EXIT
5 A20.0
9 A20.0
2 A16.2 2
A16.2
1 A15.0
PANEL
ROOM
118
13 A16.1
3A
A
A
14 A15.0
5 A15.0
A
A10.0
14 A15.0
14 A15.0
5 A15.0
B B

ELECTRICAL
ROOM
117

FLOOR PLAN
A5.0

PROJECT NUMBER

SHEET NUMBER

SHEET TITLE

ISSUE RECORD

PROFESSIONAL SEAL

DATE DESCRIPTION

IN-N-OUT
BURGER

BUELLTON

CALIFORNIA
515 MCMURRAY RD
BUELLTON, CA 93427
210762.001

GOD BLESS AMERICA
2016 CLASSIC PROTOTYPE

REVISION RECORD

PROTOTYPE VERSION

16.C.3.2

PROJECT NAME
16775 ADDISON RD.

SUITE 350
ADDISON, TX 75001
PH: (214) 926-5788

ARCHITECT OF RECORD
GEOFFREY B. LIM

AIA, NCARB, LEED AP
©

GENERAL NOTES
TYP. @

PLATFORMS A
A10.0 A
A10.0 D
A10.1 F
A10.1 C
A10.1 B
A10.0 C
A10.1 B
A10.0 E
A10.1 1A17.0 1
A17.0
SIM 7
A17.1 7
A17.1 2
A17.04
A17.1
19 A17.1 4
A17.1 12
A17.1 SIM
15 A17.1
19 A17.1 4
A17.1
11 A17.1
19 A17.1
19 A17.1 2
A17.0
11 A17.1 SLOPE 3/8" / FT SLOPE 3/8" / FT SLOPE 3/8" / FT SLOPE 3/8" / FT SLOPE 3/8" / FT SLOPE 3/8" / FT 11 11A
18 A17.2 SLOPE 3/8" / FT
11B
SCALE: 1 ROOF PLAN1/4" = 1'-0"
SLOPE 3/8" / FT 6
A17.1
SLOPE
7:12
SLOPE
7:12 SLOPE 7:12 SLOPE 7:12 2
A17.0
A12.1
14 15
16 17
SLOPE
3/8" / FT

IT ROOM
119
P-3 C
12 A17.1
A12.2 2 3 1 4 6
A17.1
11C 6
A17.1 SLOPE 7:12 7:12 SLOPE
SLOPE
7:12
SLOPE
7:12 SLOPE 3/8" / FT

ROOF PLAN
A6.0

PROJECT NUMBER

SHEET NUMBER

SHEET TITLE

ISSUE RECORD

PROFESSIONAL SEAL

DATE DESCRIPTION

IN-N-OUT
BURGER

BUELLTON

CALIFORNIA
515 MCMURRAY RD
BUELLTON, CA 93427
210762.001

GOD BLESS AMERICA
2016 CLASSIC PROTOTYPE

REVISION RECORD

PROTOTYPE VERSION

16.C.3.2

PROJECT NAME
16775 ADDISON RD.

SUITE 350
ADDISON, TX 75001
PH: (214) 926-5788

ARCHITECT OF RECORD
GEOFFREY B. LIM
AIA, NCARB, LEED AP©

M
M
M
EP-1
P-2
P-2
AC-1
P-2
P-1
P-3
P-3
+10'-0"
CLG
+9'-0"
CLG
T-3
+9'-0"
CLG
+9'-8"
CLG
+10'-0"
CLG
+8'-3"
SOFFIT
+9'-0"
SOFFIT
+10'-0"
CLG
+8'-3"
SOFFIT
+8'-3"
SOFFIT
S
S S
P-3
P-3
8 A15.0
8 A15.0
3 A15.0
14 A14.0
3 A15.0
14 A14.0
7 A15.0
1 A17.0
1 A17.0
SIM
1 A17.0
SIM
7 A15.0
16 A16.0
16 A15.0
8 A15.0
8 A15.0
4 A16.1
8 A15.0
8 A15.0
4 A14.0
2 A14.0
4 A14.0
8 A17.0
14 A16.0
E
A10.1
C
A10.1
B
A10.0
C
A10.1
A
A10.0
B
A10.0
3 A14.0
4 A14.0
SIM
1 A14.0
A
A10.0
D
A10.1
+10'-0"
CLG
+7'-3"
+10'-0"
CLG
+10'-0"
CLG
+10'-0"
CLG
+10'-0"
CLG
+9'-0"
CLG
+10'-0"
CLG
+10'-0"
CLG
+10'-0"
CLG
+10'-0"
CLG
P-3

GENERAL NOTES
SCALE:
1 CEILING PLAN
1/4" = 1'-0"

LEGEND
2 A16.0
F
A10.1
P-3
15 A16.0
12 A17.0
+8'-0"
CLG
+10'-0"
CLG +8'-3" SOFFIT
EP-1
M
S
S
+8'-0"
CLG
+8'-0"
CLG
S
M
CW
C
P-3
P-3
P-2
8 A16.0
M
CW
C
C
C
C
C
C
C
CW
C

CEILING PLAN
A7.0

PROJECT NUMBER

SHEET NUMBER

SHEET TITLE

ISSUE RECORD

PROFESSIONAL SEAL

DATE DESCRIPTION

IN-N-OUT
BURGER

BUELLTON

CALIFORNIA
515 MCMURRAY RD
BUELLTON, CA 93427
210762.001

GOD BLESS AMERICA
2016 CLASSIC PROTOTYPE

REVISION RECORD

PROTOTYPE VERSION

16.C.3.2

PROJECT NAME
16775 ADDISON RD.

SUITE 350
ADDISON, TX 75001
PH: (214) 926-5788

ARCHITECT OF RECORD
GEOFFREY B. LIM

AIA, NCARB, LEED AP
©

SCALE:
2 A8.0

NORTH ELEVATION
1/4" = 1'-0"
GUTTER AND DOWNSPOUT. REFER TO DETAIL 8/A17.2
RECESSED KNOX BOX AT 5'-0" HIGH TO THE RIGHT OF FIRE RISER ROOM. SEE DETAIL 10/A17.0 1/4" WIDE METAL PENN SCREED: SEE DETAIL 4/A16.0. ALIGN CONTROL JOINTS ON DRIVE-THRU CANOPY FASCIA WITH CONTROL JOINTS ON BOTTOM OF SOFFIT.

ALUMINUM WINDOWS: CLEAR ANODIZED ALUMINUM.

ALUMINUM STOREFRONT DOORS: CLEAR ANODIZED ALUMINUM.

TILE ROOF: U.S. TILE BY BORAL. 1-PIECE 18x13 "S" TILE, EL CAMINO BLEND. PROVIDE BIRD STOP AND PAINT TO MATCH TILE. MUD TO BE TINTED TO MATCH ROOF TILE COLOR.

BONE CHINA
NO. MFR. COLOR NAME REMARKS

EXTERIOR PAINT SCHEDULE
SLOPED ALUMINUM WINDOWS: CHINO GLASS: ALUMINUM CLIP SASH (ITEM NO. 400CLCSB & 400CLCSF). GLASS JOINTS TO HAVE POLISHED EDGES WITH SILICONE JOINTS. REDWOOD FRAMES TO BE PRIMED WITH AXALTA IMRON IND 9P01 - PRIMER CAN BE TINTED GRAY. FINISH COAT TO BE AXALTA IMRON IND 9T01 TINTED CUSTOM COLOR EP-4.

IN-N-OUT BURGER ILLUMINATED LOGO SIGN: UNDER SEPARATE PERMIT.

STUCCO: 20/30 FINE SAND FLOAT FINISH - NOT SPRAYED, WITH WHITE INTEGRAL COLOR COAT.

KEY NOTES
BUILDING ADDRESS NUMBERS TO BE 12" HIGH, 4" MIN. W/ MIN. STROKE WIDTH OF 0.5 INCH PER FIRE DEPARTMENT AND CITY JURISDICTION ADDRESS DISPLAY REQUIREMENTS:

1. ADDRESS SHALL BE DISPLAYED & VISIBLE FROM BOTH STREET DIRECTIONS OF APPROACHING VEHICLES.

2. PERMANENT NUMBERS AND LETTERS SHALL BE MADE OF DURABLE AND CLEARLY VISIBLE MATERIAL SUCH AS WOOD, METAL, CERAMIC, PLASTIC AND VINYL. (PAINTED OR GLUED ON NUMBERS ARE NOT ACCEPTABLE MATERIALS).

3. NUMBERS SHALL BE OF COLORS CONTRASTING WITH BACKGROUND TO WHICH THEY ARE ATTACHED.

4. NUMBERS SHALL BE A MINIMUM PROPORTION RATIO OF 6:1 (HEIGHT TO WIDTH).

5. NUMBERS CANNOT BE SPELLED.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
EP-3
EP-2
EP-1
METAL CAP - COLOR TO MATCH FASCIA.

HOLLOW METAL DOOR: SEE SHEET A11.0, HM DOORS AND JAMBS SHALL HAVE POWDER COAT FINISH AS FOLLOWS:

INTERIOR DOORS- TIGER DRYLAC - SMOOTH, HIGH GLOSS FINISH, "BENGAL WHITE", EXTERIOR DOORS- CARDINAL - GLOSS, SMOOTH FINISH, "BONE CHINA" OR TO MATCH EXTERIOR STUCCO PAINT COLOR - (VERIFY ELEVATIONS- EP-1).

WHERE FIELD PAINTING DOORS AND JAMBS IS NECESSARY- NOT RECOMMENDED, THE ALTERNATE WOULD BE TO USE AXALTA IMRON IND 9P01 WHITE PRIMER. FINISH COAT TO BE AXALTA IMRON IND 9T01 GLOSS WHITE. EXTERIOR HM DOORS & JAMBS- USE SAME PRODUCT TINTED TO MATCH EXTERIOR BUILDING PAINT COLOR EP-1. NOTE- TRASH ENCLOSURE METAL DOORS AND POSTS TO BE FIELD PAINTED USING AXALTA IMRON AS DESCRIBED ABOVE. 5'-0" HIGH STUB OUT FOR Co2 LINE
STUCCO OVER FOAM TRIM BAND. SMOOTH TEXTURE FINISH. PAINT EP-2. REFER TO DETAILS 1/A16.0 & 5/A16.0 17 18
TEXTURE EXPOSED FOUNDATION WALL BELOW WEEP SCREED AND PAINT TO MATCH WALL. 19 PRIME W/ D.E. ULTRA-GRIP PREMIUM PRIMER
MODEL COLOR #
DEW 339
FINISH

BONE CHINA

BONE CHINA
EP-4 INO RED
A84W01151
DUNN

EDWARDS
DUNN

EDWARDS
HIGH
GLOSS
HIGH
GLOSS
HIGH
GLOSS
HIGH
GLOSS
STUCCO: PRIME W/ LOXON CONCRETE & EXT LATEX
PRIMER WHITE - A24W08300.

GALV METAL: PRIME W/ GALVITE HS ACRYLIC COATING -
B50WZ0030, OFF WHITE
ALT. SEE REMARKS FOR EP-1 ALT MFR.

MFR.

SHERWIN A84W01151

WILLIAMS
HIGH
GLOSS

SUPER PAINT
LATEX
ALT.

MFR.

SHERWIN A84W01151

WILLIAMS
HIGH
GLOSS

SUPER PAINT
LATEX
SEE REMARKS FOR EP-1 ALT MFR.

IN-N-OUT

BONE CHINA

IN-N-OUT

BONE CHINA

IN-N-OUT

BONE CHINA
NOT USED.

L.E.D. DOUBLE BAND LIGHTING: UNDER SEPARATE PERMIT.

HIGH
GLOSS
DUNN

EDWARDS
ALT.

MFR.

SHERWIN

WILLIAMS

SUPER PAINT
LATEX
IMRON
DEW 339
DEW 339
PRIME W/ D.E. ULTRA-GRIP PREMIUM PRIMER
PRIME W/ D.E. ULTRA-GRIP PREMIUM PRIMER
PRIMER: AXALTA IMRON IND 9P01. PRIMER CAN BE TINTED
GRAY
FINISH COAT: AXALTA IMRON IND 9T01 GLOSS POLYURETHANE
COLOR FORMULA: NON-CUM GUIDE 2/20/20
MIX SIZE: 102.4OZ (GALLON)
9T04 VIOLET 321.2
9T10 RED-ORANGE 349.3
9T13 ORANGE 2577.6

SEE REMARKS

FOR COLOR

FORMULA
AXALTA

ARISTOSHIELD
70 ARISTOSHIELD
70 ARISTOSHIELD
70 ACCESS CONTROL (KEYPAD PROVIDED AND INSTALLED BY OWNER). SEE A11.1 FOR MOUNTING HEIGHT.

EP-5 DUNN BEAR IN MIND

EDWARDS
HIGH
GLOSS
ARISTOSHIELD DE6042 PRIME W/ D.E. ULTRA-GRIP PREMIUM PRIMER 70 RAFTER TAILS
SCALE:
1 A8.0

WEST ELEVATION
1/4" = 1'-0"
2 EP-1
9 2 EP-2 10 9 18 12 EP-1
9 2 EP-2 4 2 EP-2 3 4 EP-2 2
2 0'-0"

TOP OF SLAB
10'-1"
BOT. OF TRUSS
13'-7"

TOP OF CANOPY
19'-10"

TOP OF PARAPET
30'-0"

TOP OF TOWER
1 A17.0
SIM
5 A15.0
7 0'-0"

TOP OF SLAB
14 12 EP-1
19 2 EP-3 19
1 2 EP-2
B
17 12
7 23'-0"

TOP OF TOWER
5 EP-3 2
10'-9"

TOP OF ARCH
8'-0 1/2"

ARCH SPRINGPOINT
1 EP-5
1 7
14 A15.0
14 A15.0
3 A16.0
18 5
2 EP-2
12 7 EP-5 10
7 7 7
2 EP-3
XXXX
12 1
EP-1
9 10
7 1
4 2 EP-3 3 2
19'-10"

TOP OF PARAPET
23'-0"

TOP OF TOWER
0'-0"

TOP OF SLAB
19'-10"

TOP OF PARAPET
4 A17.1
4 A17.1
16 A15.0
9 A17.0
4 A16.0
0'-0"

TOP OF SLAB
19 19 19
9 2 EP-2
14 EP-2
12 7
1 A A
5 5
7 1 12 EP-1
5 2 EP-3 2 EP-3
17 17
17 4
8'-0 1/2"
T.O. TRIM
12'-8"
B.O. FASCIA
30'-0"

TOP OF TOWER
EP-5
EP-5 EP-5
10'-9"
T.O. ARCH
14 A15.0
5 A16.0
5 A16.0
18 B
12 7
18 1 5 EP-5
10 17
17 EP-3 2
EP-2 2 EP-2 2 EP-2 2 17 2 EP-2 2 EP-2
11 12
4 7
15 EP-2 2
7 EXTERIOR

ELEVATIONS
A8.0

PROJECT NUMBER

SHEET NUMBER

SHEET TITLE

ISSUE RECORD

PROFESSIONAL SEAL

DATE DESCRIPTION

IN-N-OUT
BURGER

BUELLTON

CALIFORNIA
515 MCMURRAY RD
BUELLTON, CA 93427
210762.001

GOD BLESS AMERICA
2016 CLASSIC PROTOTYPE

REVISION RECORD

PROTOTYPE VERSION

16.C.3.2

PROJECT NAME
16775 ADDISON RD.

SUITE 350
ADDISON, TX 75001
PH: (214) 926-5788

ARCHITECT OF RECORD
GEOFFREY B. LIM

AIA, NCARB, LEED AP
©

23'-0"

TOP OF TOWER
3 9
L
2 EP-2
EP-3 2 9 2 EP-3 2 EP-2
9 2
2 EP-2
8 9
2 EP-2 13 13 2
EP-3
17 7
0'-0"

TOP OF SLAB
19'-10"

TOP OF PARAPET
10'-1"
BOT. OF TRUSS
13'-7"

TOP OF CANOPY
19'-10"

TOP OF PARAPET
4 A16.0
3 A16.0
1 A17.0
SIM
12B
A15.0
12 EP-1
7 7
19 EP-3
5 A15.0
0'-0"

TOP OF SLAB
2 EP-1 2 EP-2
14 SCALE:
2 A9.0

SOUTH ELEVATION
1/4" = 1'-0"
SCALE:
1 A9.0

EAST ELEVATION
1/4" = 1'-0"
3A
13 7
11'-0 1/4"

ARCH SPRINGPOINT
16 A16.0
GUTTER AND DOWNSPOUT. REFER TO DETAIL 8/A17.2
RECESSED KNOX BOX AT 5'-0" HIGH TO THE RIGHT OF FIRE RISER ROOM. SEE DETAIL 10/A17.0 1/4" WIDE METAL PENN SCREED: SEE DETAIL 4/A16.0. ALIGN CONTROL JOINTS ON DRIVE-THRU CANOPY FASCIA WITH CONTROL JOINTS ON BOTTOM OF SOFFIT.

ALUMINUM WINDOWS: CLEAR ANODIZED ALUMINUM.

ALUMINUM STOREFRONT DOORS: CLEAR ANODIZED ALUMINUM.

TILE ROOF: U.S. TILE BY BORAL. 1-PIECE 18x13 "S" TILE, EL CAMINO BLEND. PROVIDE BIRD STOP AND PAINT TO MATCH TILE. MUD TO BE TINTED TO MATCH ROOF TILE COLOR.

BONE CHINA
NO. MFR. COLOR NAME REMARKS

EXTERIOR PAINT SCHEDULE
SLOPED ALUMINUM WINDOWS: CHINO GLASS: ALUMINUM CLIP SASH (ITEM NO. 400CLCSB & 400CLCSF). GLASS JOINTS TO HAVE POLISHED EDGES WITH SILICONE JOINTS. REDWOOD FRAMES TO BE PRIMED WITH AXALTA IMRON IND 9P01 - PRIMER CAN BE TINTED GRAY. FINISH COAT TO BE AXALTA IMRON IND 9T01 TINTED CUSTOM COLOR EP-4.

IN-N-OUT BURGER ILLUMINATED LOGO SIGN: UNDER SEPARATE PERMIT.

STUCCO: 20/30 FINE SAND FLOAT FINISH - NOT SPRAYED, WITH WHITE INTEGRAL COLOR COAT.

KEY NOTES
BUILDING ADDRESS NUMBERS TO BE 12" HIGH, 4" MIN. W/ MIN. STROKE WIDTH OF 0.5 INCH PER FIRE DEPARTMENT AND CITY JURISDICTION ADDRESS DISPLAY REQUIREMENTS:

1. ADDRESS SHALL BE DISPLAYED & VISIBLE FROM BOTH STREET DIRECTIONS OF APPROACHING VEHICLES.

2. PERMANENT NUMBERS AND LETTERS SHALL BE MADE OF DURABLE AND CLEARLY VISIBLE MATERIAL SUCH AS WOOD, METAL, CERAMIC, PLASTIC AND VINYL. (PAINTED OR GLUED ON NUMBERS ARE NOT ACCEPTABLE MATERIALS).

3. NUMBERS SHALL BE OF COLORS CONTRASTING WITH BACKGROUND TO WHICH THEY ARE ATTACHED.

4. NUMBERS SHALL BE A MINIMUM PROPORTION RATIO OF 6:1 (HEIGHT TO WIDTH).

5. NUMBERS CANNOT BE SPELLED.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
EP-3
EP-2
EP-1
METAL CAP - COLOR TO MATCH FASCIA.

HOLLOW METAL DOOR: SEE SHEET A11.0, HM DOORS AND JAMBS SHALL HAVE POWDER COAT FINISH AS FOLLOWS:

INTERIOR DOORS- TIGER DRYLAC - SMOOTH, HIGH GLOSS FINISH, "BENGAL WHITE", EXTERIOR DOORS- CARDINAL - GLOSS, SMOOTH FINISH, "BONE CHINA" OR TO MATCH EXTERIOR STUCCO PAINT COLOR - (VERIFY ELEVATIONS- EP-1).

WHERE FIELD PAINTING DOORS AND JAMBS IS NECESSARY- NOT RECOMMENDED, THE ALTERNATE WOULD BE TO USE AXALTA IMRON IND 9P01 WHITE PRIMER. FINISH COAT TO BE AXALTA IMRON IND 9T01 GLOSS WHITE. EXTERIOR HM DOORS & JAMBS- USE SAME PRODUCT TINTED TO MATCH EXTERIOR BUILDING PAINT COLOR EP-1. NOTE- TRASH ENCLOSURE METAL DOORS AND POSTS TO BE FIELD PAINTED USING AXALTA IMRON AS DESCRIBED ABOVE. 5'-0" HIGH STUB OUT FOR Co2 LINE
STUCCO OVER FOAM TRIM BAND. SMOOTH TEXTURE FINISH. PAINT EP-2. REFER TO DETAILS 1/A16.0 & 5/A16.0 17 18 TEXTURE EXPOSED FOUNDATION WALL BELOW WEEP SCREED AND PAINT TO MATCH WALL. 19 PRIME W/ D.E. ULTRA-GRIP PREMIUM PRIMER
MODEL COLOR #
DEW 339
FINISH

BONE CHINA

BONE CHINA
EP-4 INO RED
A84W01151
DUNN

EDWARDS
DUNN

EDWARDS
HIGH
GLOSS
HIGH
GLOSS
HIGH
GLOSS
HIGH
GLOSS
STUCCO: PRIME W/ LOXON CONCRETE & EXT LATEX
PRIMER WHITE - A24W08300.

GALV METAL: PRIME W/ GALVITE HS ACRYLIC COATING -
B50WZ0030, OFF WHITE
ALT. SEE REMARKS FOR EP-1 ALT MFR.

MFR.

SHERWIN A84W01151

WILLIAMS
HIGH
GLOSS

SUPER PAINT
LATEX
ALT.

MFR.

SHERWIN A84W01151

WILLIAMS
HIGH
GLOSS

SUPER PAINT
LATEX
SEE REMARKS FOR EP-1 ALT MFR.

IN-N-OUT

BONE CHINA

IN-N-OUT

BONE CHINA

IN-N-OUT

BONE CHINA
NOT USED.

L.E.D. DOUBLE BAND LIGHTING: UNDER SEPARATE PERMIT.

HIGH
GLOSS
DUNN

EDWARDS
ALT.

MFR.

SHERWIN

WILLIAMS

SUPER PAINT
LATEX
IMRON
DEW 339
DEW 339
PRIME W/ D.E. ULTRA-GRIP PREMIUM PRIMER
PRIME W/ D.E. ULTRA-GRIP PREMIUM PRIMER
PRIMER: AXALTA IMRON IND 9P01. PRIMER CAN BE TINTED
GRAY
FINISH COAT: AXALTA IMRON IND 9T01 GLOSS POLYURETHANE
COLOR FORMULA: NON-CUM GUIDE 2/20/20
MIX SIZE: 102.4OZ (GALLON)
9T04 VIOLET 321.2
9T10 RED-ORANGE 349.3
9T13 ORANGE 2577.6

SEE REMARKS

FOR COLOR

FORMULA
AXALTA

ARISTOSHIELD
70 ARISTOSHIELD
70 ARISTOSHIELD
70 ACCESS CONTROL (KEYPAD PROVIDED AND INSTALLED BY OWNER). SEE A11.1 FOR MOUNTING HEIGHT.

EP-5 DUNN BEAR IN MIND

EDWARDS
HIGH
GLOSS
ARISTOSHIELD DE6042 PRIME W/ D.E. ULTRA-GRIP PREMIUM PRIMER 70 RAFTER TAILS
EP-3 2 2 EP-2
30'-0"
T.O. TOWER BEYOND
15 15
15 PANEL
ROOM
2 EP-2 EP-2
1 12
7 5 EP-5
18 10
2 EP-2
2 EP-3
F
J H
E1
K
E
10 2 EP-2 12 EP-1
9 8 EP-2 2 EP-2 2 4 8 EP-2 2
12 EP-1 2 EP-1
7 7
0'-0"

TOP OF SLAB
19'-10"

TOP OF PARAPET
10'-1"

TOP OF PLATE
30'-0"

TOP OF TOWER
14'-0"

TOP OF CANOPY
0'-0"

TOP OF SLAB
10'-1"

TOP OF ARCH
23'-0"

TOP OF TOWER
1 A15.0
1 A17.0
14 A14.0
7 19
14 A14.0
4 A16.0
10 19 19 17 17
B
EP-2 2 EP-2 2
7 EP-2 2 EP-2 2
EP-3 2
8'-0 1/2"

ARCH SPRINGPOINT
EP-2 2 4
7 EP-2 2
3 A16.0
18 8
12 7
10 13 EP-3

FIRE RISER
ROOM
16 15
2 EP-3 9
2 EP-3
5 EP-5
18 23'-0"

TOP OF TOWER
17 17
18 EXTERIOR

ELEVATIONS
A9.0

PROJECT NUMBER

SHEET NUMBER

SHEET TITLE

ISSUE RECORD

PROFESSIONAL SEAL

DATE DESCRIPTION

IN-N-OUT
BURGER

BUELLTON

CALIFORNIA
515 MCMURRAY RD
BUELLTON, CA 93427
210762.001

GOD BLESS AMERICA
2016 CLASSIC PROTOTYPE

REVISION RECORD

PROTOTYPE VERSION

16.C.3.2

PROJECT NAME
16775 ADDISON RD.

SUITE 350
ADDISON, TX 75001
PH: (214) 926-5788

ARCHITECT OF RECORD
GEOFFREY B. LIM

AIA, NCARB, LEED AP
©

SCALE ELEVATIONS 1/4" = 1'-0" 1 EP-1 FINISH KEY NOTES 12 EP-1 EXTERIOR PAINT KEY NOTES ELEVATION 'A' ELEVATION 'B' 12 13'-2" T.O. CORNICE 10'-1" B.O. TRUSS 0'-0" T.O. SLAB 8'-0 1/2" ARCH SPRING POINT 15'-2" 1 6 A13.1 1 3 3 3 33 ELEVATION 'C' 2 3 3 1 1 3 0'-0" TOP OF SLAB EP-1 ELEVATION 'D' EP-1 1 3 3 13'-2" T.O. CORNICE 10'-1" B.O. TRUSS 8'-0 1/2" ARCH SPRING POINT 15'-2" 0'-0" TOP OF SLAB SCALE REFLECTED CEILING PLAN 3/16" = 1'-0" 5 5 A13.2 7 A17.0 4 A13.1 1D A13.1 4 A13.2 1A A13.1 ℄ ℄℄ ℄ ℄ ℄ ℄ 1C A13.1 ℄ SCALE FLOOR PLAN 3/16" = 1'-0" 2 1B A13.1 3 A13.2 2 SLOPEA13.2 SIM. 1/4" / FT SCALE ROOF PLAN 3/16" = 1'-0" 3 SLOPE
3/8" / FT
SLOPE
3/8" / FT
1/4" / FT SLOPE SCALE NOT USED 3/16" = 1'-0" 4 ATTACHED PATIO PLANS, ELEVATIONS, SECTIONS & DETAILS A13.1 PROJECT NUMBER SHEET NUMBER SHEET TITLE ISSUE RECORD PROFESSIONAL SEAL DATE DESCRIPTION IN-N-OUT BURGER BUELLTON CALIFORNIA 515 MCMURRAY RD BUELLTON, CA 93427 210762.001 GOD BLESS AMERICA 2016 CLASSIC PROTOTYPE REVISION RECORD PROTOTYPE VERSION 16.C.3.2 PROJECT NAME 16775 ADDISON RD. SUITE 350 ADDISON, TX 75001 PH: (214) 926-5788 ARCHITECT OF RECORD GEOFFREY B. LIM AIA, NCARB, LEED AP©

SCALE NOT USED 1" = 1'-0" 2 SCALE CORNICE DETAIL 1" = 1'-0" 3 10'-1" B.O. TRUSS 13'-2" T.O. PARAPET 11'-0 1/2" B.O. BEAM SCALE COLUMN SECTION 1/2" = 1'-0" 1 15'-2" T.O. TOWER 10'-1" B.O. TRUSS 8'-0 1/2" T.O. FOAM TRIM 0'-0" T.O. SLAB 11 A16.1SIM. SCALE SECTION @ CANOPY 3/8" = 1'-0" 5 SCALE SECTION @ CANOPY 3/8" = 1'-0" 7 1 A13.210'-1" B.O. TRUSS T.O. SLAB 15'-2" T.O. COL FRAMING 10'-3 1/2" B.O. BEAM 8'-0 1/2" ARCH SPRING POINT/ T.O. SLAB 10'-1" B.O. TRUSS 15'-2" T.O. TOWER 2'-6 1/2" T.O. WAINSCOT SCALE SECTION @ CANOPY 3/8" = 1'-0" 413'-2" T.O. CORNICE T.O. FOAM BAND 5 A13.2 SCALE NOT USED 3/8" = 1'-0" 8 SCALE NOT USED 3/8" = 1'-0" 9 SCALE NOT USED 3/8" = 1'-0" 6 ATTACHED PATIO SECTIONS & DETAILS A13.2 PROJECT NUMBER SHEET NUMBER SHEET TITLE ISSUE RECORD PROFESSIONAL SEAL DATE DESCRIPTION IN-N-OUT BURGER BUELLTON CALIFORNIA 515 MCMURRAY RD BUELLTON, CA 93427 210762.001 GOD BLESS AMERICA 2016 CLASSIC PROTOTYPE REVISION RECORD PROTOTYPE VERSION 16.C.3.2 PROJECT NAME 16775 ADDISON RD. SUITE 350 ADDISON, TX 75001 PH: (214) 926-5788 ARCHITECT OF RECORD GEOFFREY B. LIM AIA, NCARB, LEED AP©

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X 0.9 0.9 2.2 2.6 2.0 1.6 1.2 1.3 2.3 4.1 4.5 3.6 2.6 2.2 1.8 1.5 1.8 2.3 2.9 3.4 4.2 4.5 4.0 3.3 3.0 2.5 2.8 3.9 3.5 3.0 3.1 3.2 3.6 4.0 4.2 4.0 3.9 3.4 2.7 1.4 2.3 3.6 4.6 4.7 4.0 3.5 3.5 3.9 4.1 4.4 4.6 4.4 4.0 3.4 2.8 1.2 1.9 2.8 3.8 4.0 4.4 4.4 3.8 3.7 4.0 4.1 4.2 4.3 4.5 4.2 3.7 3.2 2.5 1.9 2.9 3.5 4.1 4.6 4.5 4.1 3.7 3.9 3.8 3.7 3.7 3.9 4.0 3.8 3.3 3.0 2.5 3.0 3.9 4.0 4.5 5.1 4.6 4.0 3.3 2.9 2.9 2.9 2.8 3.0 3.2 3.2 2.8 2.7 2.6 1.9 4.4 4.3 4.5 4.7 4.0 3.1 2.3 1.9 1.8 2.8 2.6 2.6 2.5 2.9 4.0 4.0 4.2 4.4 3.6 2.4 1.4 1.1 1.1 2.7 2.6 2.7 2.5 2.0 3.0 3.4 3.8 3.8 3.0 1.7 0.9 0.8 0.9 2.3 2.3 2.3 2.0 1.5 2.6 2.9 3.4 3.2 2.6 1.5 0.8 0.7 0.8 1.6 1.6 1.6 1.5 1.5 2.4 2.7 3.2 2.9 2.4 1.4 0.8 0.6 0.7 1.1 1.1 1.1 1.1 1.5 2.5 2.8 3.3 3.0 2.4 1.4 0.7 0.6 0.6 0.9 0.9 0.9 0.9 2.0 2.9 3.1 3.4 3.3 2.5 1.3 0.6 0.5 0.5 0.8 0.8 0.8 0.8 2.9 3.9 3.6 3.5 3.4 2.5 1.2 0.6 0.5 0.5 0.8 0.8 0.8 0.8 2.4 4.5 3.9 3.6 3.5 2.4 1.2 0.6 0.5 0.5 0.9 0.9 0.9 0.9 2.9 4.1 3.8 3.9 3.8 2.7 1.4 0.7 0.6 0.6 0.7 0.9 1.0 1.1 1.1 1.1 1.1 1.1 2.2 3.2 3.6 4.0 3.8 2.9 1.5 0.7 0.6 0.7 0.9 1.0 1.1 1.3 1.5 1.5 1.5 1.4 2.0 3.1 3.6 4.2 3.8 2.9 1.6 0.8 0.7 0.8 1.0 1.2 1.4 1.8 2.2 2.2 2.2 2.0 2.1 3.2 3.6 4.0 3.8 2.9 1.6 0.9 0.8 0.9 1.2 1.4 1.8 2.3 2.7 2.7 2.8 2.6 2.8 4.0 3.7 4.0 3.8 2.8 1.5 1.1 1.0 1.2 1.4 1.6 1.9 2.5 2.8 2.8 2.8 2.8 3.2 4.5 4.0 3.7 3.6 2.5 1.6 1.5 1.3 1.6 1.9 2.0 2.2 2.7 3.0 3.0 3.0 3.0 3.0 4.1 3.7 3.6 3.6 2.6 1.9 1.8 1.8 2.3 2.5 2.5 2.5 2.7 3.2 3.3 3.3 3.0 2.1 3.0 3.2 3.5 3.6 2.9 2.3 2.4 2.6 3.0 3.1 2.9 2.5 2.5 2.8 3.0 3.0 2.7 1.4 2.6 2.9 3.5 3.5 3.2 3.1 3.2 3.2 3.6 3.8 3.3 2.6 2.3 2.5 2.6 2.6 2.5 1.1 2.6 2.8 3.5 3.6 3.4 4.1 4.4 4.0 4.0 4.2 3.5 2.7 2.4 2.5 2.8 2.9 2.7 1.1 2.7 2.9 3.5 3.8 3.5 3.8 5.1 4.4 4.0 4.2 3.5 2.7 2.6 2.9 3.2 3.4 3.2 1.4 3.2 3.2 3.6 4.0 3.7 4.1 4.3 4.0 4.0 4.1 3.5 2.8 2.9 3.4 3.4 3.3 3.0 1.8 4.2 4.1 3.7 4.1 3.5 3.2 3.2 3.3 3.6 3.7 3.4 2.9 3.0 3.5 3.4 3.1 3.3 1.8 4.5 4.3 3.9 4.0 3.3 2.9 2.9 2.9 3.3 3.3 3.2 3.0 3.1 3.5 3.6 3.5 3.4 1.8 3.6 3.8 3.9 4.2 3.5 3.0 2.8 2.6 2.9 3.0 3.0 2.9 3.0 3.5 3.8 3.7 3.3 1.4 2.7 3.1 3.6 3.9 3.5 3.0 2.8 2.6 2.8 2.9 3.0 3.0 3.0 3.4 3.5 3.5 3.0 1.1 2.5 2.8 3.5 3.7 3.4 3.0 2.9 2.8 3.0 3.1 3.2 3.2 3.2 3.5 3.7 3.5 3.0 1.1 2.2 2.5 3.2 3.7 3.5 3.2 3.1 3.3 3.6 3.6 3.8 3.6 3.6 3.8 4.1 3.9 3.4 1.1 2.0 2.6 3.3 3.9 3.9 3.7 3.7 3.9 4.1 4.1 4.2 4.1 4.1 4.2 4.0 3.7 3.4 1.1 1.8 2.6 3.3 3.6 3.9 4.1 4.1 4.3 4.1 4.1 4.3 4.2 4.0 4.1 3.7 3.4 3.1 1.2 1.9 2.7 3.1 3.3 3.6 4.0 4.2 4.3 3.5 4.1 4.2 4.0 3.7 3.8 3.6 3.3 2.7 1.2 1.7 2.5 3.1 3.2 3.5 3.8 3.9 4.0 4.0 3.4 3.9 3.6 3.1 3.1 3.3 1.1 1.5 2.1 2.7 3.1 3.4 3.4 3.2 3.3 3.4 3.3 3.2 2.8 1.0 1.2 1.5 2.0 2.5 2.7 2.6 2.5 2.6 0.8 1.0 1.1 1.4 1.8 2.0 0.6 0.7 0.8 S S 4.4 4.4 3.8 3.8 4.0 4.2 4.2 4.4 4.5 4.2 3.7 3.2 2.5 4.5 4.1 3.7 3.9 4.0 3.9 4.0 4.0 4.0 3.8 3.3 3.0 2.5 4.6 4.0 3.3 3.1 3.5 5.1 5.7 4.8 3.5 3.2 2.8 2.7 2.6 4.0 3.2 2.4 2.3 5.1 2.8 2.6 2.6 2.5 3.6 2.4 1.5 2.0 9.6 2.8 2.7 2.7 2.5 3.0 1.8 1.1 1.7 8.2 5.5 7.6 2.4 2.0 2.6 1.6 1.1 1.8 5.5 5.6 7.4 1.6 1.5 2.4 1.5 1.2 2.9 11.5 10.7 8.6 1.1 1.1 2.5 1.5 1.1 2.8 11.7 9.8 7.3 0.9 0.9 2.5 1.4 0.9 1.4 2.4 8.7 6.8 0.8 0.8 2.5 1.3 0.7 3.6 11.5 8.7 6.7 0.8 0.8 2.4 1.2 0.7 5.3 9.6 7.0 5.6 0.9 0.9 2.7 1.4 0.7 6.4 10.1 8.2 11.4 6.6 1.1 1.1 1.1 1.1 1.1 2.9 1.6 0.8 5.1 8.3 10.3 2.3 1.3 1.3 1.5 1.5 1.5 1.4 2.9 1.6 0.9 0.7 0.9 1.0 1.2 1.4 1.8 2.2 2.2 2.2 2.0 2.9 1.6 1.0 0.8 0.9 1.2 1.5 1.8 2.3 2.7 2.7 2.8 2.6 PROJECT NUMBER SHEET NUMBER SHEET TITLE PROFESSIONAL SEAL GOD BLESS AMERICA REVISION RECORD PROJECT NAME ISSUE RECORD DATE DESCRIPTION 2016 CLASSIC PROTOTYPE 16C 14901 Quorum Dr. #565 Dallas, TX 75254 rtmec.com | 972.387.3500 PROTOTYPE VERSION 16C.2.126 IN-N-OUT BURGER BUELLTON CALIFORNIA 515 McMURRAY ROAD BUELLTON, CA 93427 21XXXX SITE LIGHTING PHOTOMETRIC PLAN E11.0 STATISTICS CALC ZONE #2 CALC ZONE #1 2.8 FC 5.1 FC 0.5 FC 3.2 FC 11.7 FC 0.6 FC 19.5:1 5.3:1 10.2:1 5.6:1

PROJECT NUMBER SHEET NUMBER SHEET TITLE PROFESSIONAL SEAL GOD BLESS AMERICA REVISION RECORD PROJECT NAME ISSUE RECORD DATE DESCRIPTION 2016 CLASSIC PROTOTYPE 16C 14901 Quorum Dr. #565 Dallas, TX 75254 rtmec.com | 972.387.3500 PROTOTYPE VERSION 16C.2.126 IN-N-OUT BURGER BUELLTON CALIFORNIA 515 McMURRAY ROAD BUELLTON, CA 93427 21XXXX EXTERIOR LIGHTING SPECIFICATIONS E12.0

SCALE: 1/4" = 1'-0"
19'-10"
23'-8"
10'-7"
23'-8"

NORTHEAST ELEVATION

NORTHWEST ELEVATION
ELEVATIONS 1 BUELLTON, CA
515 MCMURRAY RD
30'-0"

SCALE: 1/4" = 1'-0"
13'-7"
23'-8"
19'-10"
13'-7"
19'-10"

SOUTHWEST ELEVATION

SOUTHEAST ELEVATION
ELEVATIONS 2 BUELLTON, CA
515 MCMURRAY RD
30'-0"

"GOD BLESS AMERICA"
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706

BUELLTON, CA

BONE CHINA STUCCO, RED TILE ROOF ON FRONT TOWERS, SPANISH INSPIRED PARAPETS ON BACK TOWERS,

RED TILE ROOFS OVER FRONT WINDOWS, EXPOSED NEON LIGHTING ISSUED: 02/01/23

"GOD BLESS AMERICA"
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706

BUELLTON, CA

BONE CHINA STUCCO, RED TILE ROOF ON FRONT TOWERS, SPANISH INSPIRED PARAPETS ON BACK TOWERS,

RED TILE ROOFS OVER FRONT WINDOWS, EXPOSED NEON LIGHTING ISSUED: 02/01/23

"GOD BLESS AMERICA"
13502 HAMBURGER LANE
BALDWIN PARK, CA 91706

BUELLTON, CA

REFERENCE PHOTOS FOR SPANISH INSPIRED BACK TOWER PARAPETS ISSUED: 02/01/23

Attachment 7

CITY OF BUELLTON
Planning Commission Agenda Staff Report
Planning Director Review: AK
Planning Commission Agenda Item No: 4
To: The Honorable Chair and Commission Members
From: Cara Miralles, Assistant Planner
Date: November 17, 2022
Subject: Resolution No. 22-13 – “A Resolution of the Planning Commission of the City of Buellton, California, Denying a Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for a New Drive-Through Restaurant Located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046, and Making Findings in Support Thereof”

BACKGROUND
Property Owner: Dian Gran
Applicant/Agent: Marc Levun, In-N-Out Burger
Developer: Andrew Gharibian, Chaser Capital
Zoning: CR (General Commercial)
APN: 137-170-046
Dian Gran, property owner, and Marc Levun, agent (“Applicant”), with Chaser Capital as the developer, have submitted a proposed project consisting of a Conditional Use Permit (21-CUP-02) for the development of a new drive-thru fast food restaurant for In-N-Out Burger and a Sign Exemption (22-EXP-01) for additional signage above the maximum allowed for the site. The +/-

1.48 acre project site is located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046 (Attachment 1 – Vicinity Map). The Marriott hotel is to the north, Hwy 101 to the west, McDonald’s restaurant to the south, and a vacant parcel planned for future hotel development across McMurray Road to the east. The property has a zoning designation of CR (General Commercial).

The Applicant’s project description is provided in Attachment 2 and the project plans are provided as Attachment 3. The proposed project would consist of the demolition of an existing 10,053 twostory commercial building and site improvements (previously Parks Plaza Theater), and development of a new 3,885 square foot one-story building, outdoor dining area, landscaping, and parking areas, to accommodate the restaurant and drive-through operations of In-N-Out Burger. 55 parking spaces are proposed, with a 25-car capacity drive-through queue. Hours of operation would be Friday and Saturday 10:30 am – 1:30 am and Sunday to Thursday 10:30 am – 1:00 am, with a total estimated staff of 20. A Sign Exemption is proposed for a 45 foot high freestanding sign and 125 square feet of additional signage above the maximum allowed for the site.

A Color and Materials Board has been provided and is available to view at the Planning Department. Additional materials and technical studies on file at the Planning Department include:

Can and Will Serve Letter (approved 12/20/21), Commitment for Title Insurance (7/02/21), Geotechnical Investigation Report (8/27/21), Preliminary Hydrology Study (12/10/21), Preliminary Stormwater Control Plan (12/10/21), and Stormwater Pollution Prevention Plan (12/10/21).

515 McMurray Road – In-N-Out Page 2 November 17, 2022
Planning Commission Resolution No. 22-13

DISCUSSION
Add consistency with development standards
The Planning Commission conducted a Conceptual Review of the project on August 5, 2021 and a Preliminary Review of the project on February 17, 2022. A summary of the comments made at those meetings are set forth in Attachments 4 and 5, respectively. The Planning Commission expressed favorable comments in regard to the general layout of the project at the Preliminary Review, however, indicated major concerns regarding on-site and off-site circulation, and potential impacts to traffic. Other concerns were a desire to see enhanced architectural articulation and additional landscaping, and potential noise impacts. The following are key comments voiced by the Commission, annotated with staff comments regarding consistency reflected in the revised project plans:
 PC Comment: Desire to keep the access way open between the project site, Marriott and Chumash Employment Resource Center
 A private reciprocal access easement for shared access and parking exists between the project site, Marriott Hotel site, and Chumash Employment Resource Center (CERC) site. In the project plans presented at the Preliminary Review meeting, this access was revised to be kept open. However, a letter was received in the months following the meeting from the law firm representing Marriott and CERC, strongly opposing a design which would maintain the current access and easement (Attachment 6 – CERC and Marriott Letter). The extinguishment or amendment of the easement would be required to the satisfaction of Marriott and CERC property owners, and would necessitate a either a site re-design to completely block vehicular access, or bollards or other blocking to allow emergency access but not regular vehicle access between the parcels.
 PC Comment: Concerns regarding shared access between the project site and McDonald’s  Since McDonald’s only entrance point (ingress) is onto and through the project site via a shared access easement, communication between staff, the Applicant and McDonald’s has been maintained throughout the process. However, a recent letter sent by McDonald’s has stated that traffic congestion and safety concerns still exist and suggests further revisions to the site plan (Attachment 7 – McDonald’s Letter) to address major concerns. Revisions according to the recommendations would necessitate decreased drive-through capacity, decreased parking spaces, and decreased landscaping.
 PC Comment: Concerns regarding increased traffic along McMurray Road and Hwy 246, and the potential for an overflow of cars onto McMurray, and the desire for vehicles to primarily utilize the R.T. Buell Drive Hwy 101 off-ramp instead of the SR 246 Hwy 101 off-ramp
 A Traffic Study has been provided (Attachment 8 – Revised Traffic Study 9-30-22) with a supplemental memorandum analyzing the effects of removing the interconnection between the project site and Marriott as Attachment 9. Technical appendices C - H attached to the Traffic Study, which detail calculations have been removed from the public hearing packet for brevity, but are available at the Planning Department office. The Traffic Study and supplemental memo have been peer-reviewed by the City’s traffic consultant, Associated Transportation Engineers

515 McMurray Road – In-N-Out Page 3 November 17, 2022
Planning Commission Resolution No. 22-13
(ATE) (Attachment 10 – ATE 2nd Peer-Review 10-28-22). ATE’s peer-review found that substantial impacts to LOS at McMurray and SR 246, queueing operations at the McMurray/246 and 246/ northbound Highway 101 off-ramp, and to on-site circulation operations at the project driveway and drive-through lanes were not adequately analyzed in the Traffic Study and could not be feasibly and adequately addressed through recommended improvements in the Traffic Study. A letter from the Sheriff’s Office was recently provided, which summarized concerns related to project-related traffic and circulation impacts (Attachment 11 – Sheriff’s Department Letter). The letter echoed impacts identified in the Traffic Study and additional concerns identified ATE’s peer-review, and concluded that the Sheriff’s Department predicts that the project would create several traffic issues during peak hours. A more detailed discussion of traffic and circulation can be found further down.
 PC Comment: Concern with pedestrian and bicycle access through the parking lot and drivethrough, and insufficient bicycle parking  Although two pedestrian connections were added from McMurray Road and the Marriott property, both pedestrian paths pose safety concerns with major conflict points through the drive-through lane and two drive-aisles. Bicycle capacity was doubly increased from 4 spaces to 8.
 PC Comment: Desire to see more architectural articulation in order to enhance the generic architecture to look more unique and appealing
 Revised elevations and renderings include stone wainscoting around the bottom of the building and columns and an embossed palms decorative element on the south elevation.
 PC Comment: Desire to see additional landscaping
 Street trees were added along McMurray Road, the same percentage of landscaping on-site has been retained (23.3%).

Traffic and Circulation
As stated above, the City’s traffic consultant ATE has conducted a peer-review of the project’s Traffic Study and supplemental memorandum prepared by the Ganddini Group. ATE’s peer-review found that substantial impacts from on-site circulation operations at the project driveway and drivethrough lanes, impacts to LOS at McMurray and SR 246, and impacts to queueing operations at the northbound Highway 101 off-ramp, were not adequately analyzed in the Traffic Study and could not be feasibly and adequately addressed through recommended improvements in the Traffic Study.

Each are of impact is discussed below.

Queuing
An intersection queueing analysis was performed for key lanes providing access to and from the project site in order to show whether there would be sufficient vehicle storage length on McMurray, SR 246, and Hwy 101 off-ramps to accommodate the project. The City has not typically requested queueing analysis in traffic studies, however, staff felt the request was justified given the significant quantity of trips estimated, compared with all other pipeline projects on McMurray Road. The four pipeline projects on McMurray Road, Cambria Hotel, Buellton Garden Apartments, Polo Village,

515 McMurray Road – In-N-Out Page 4 November 17, 2022
Planning Commission Resolution No. 22-13
and Village Senior Apartments have a combined number of trips that are comparable to the number of trips projected solely for In-N-Out, as shown in the table below.

Project New daily trips
on weekdays
PM Peak Hour
Trips
New daily trips
on Saturdays
Saturday Midday Peak Hour
Trips
In-N-Out 2,835 196 2,841 300
Cambria Hotel 1,710 126 1,727 154
Buellton
Garden
Apartments
620 47 419 38
Polo Village 236 22 588 63
Village Senior
Apartments
337 25 228 20
Subtotal of
other projects
2,903 220 2,962 275
The Traffic Study found that for the Existing + Project scenario, there would not be adequate storage length at the McMurray Road/SR 246 southbound through/right-turn lane, which is forecast to reach 202 feet during the peak hours, potentially blocking access to the sole driveway for the existing Taco Bell and southern A-OK driveway. The recommended improvement for this impact in the Traffic Study is to install KEEP CLEAR pavement markings in the southbound through lane adjacent to the Taco Bell driveway on McMurray Road. However, this improvement is already underway with planned City improvements, and while would help to keep cars from blocking Taco Bell access, would actually increase the queue length, to where the business access farther north on McMurray and cars turning left from Valley Vineyard Circle onto southbound McMurray could be impacted. The impacts of the KEEP CLEAR markings on the length of queue would need to be further analyzed.

The Traffic Study also found that for the Cumulative + Project scenario, there would not be adequate storage length at the McMurray Road/SR 246 northbound through/right-turn lane. There would be a significant increase to 300 feet queue length, which would impact businesses with access on south McMurray Road such as Chevron and businesses in the Albertsons shopping center.

Feasible improvements for this impact could not be identified. Alternatives reviewed included: 1) Restriping the northbound through/right turn lane to a shared left/through/right turn lane; however, this would require changing the signal phasing back to split phase, which in turn is forecast to negate queuing improvements at SR 246 Hwy 101 northbound ramps, would require additional studies to analyze impacts to city-wide circulation, and would require Caltrans review and approval; and 2) Widening McMurray Road and restriping the northbound approach to consist of one left turn lane, one through lane, and one dedicated right turn lane, similar to the currently planned improvements on southbound McMurray Road/Highway 246, however, this improvement would require additional right-of-way.

Additionally, the Cumulative + Project would substantially impact queueing on the SR 246 Hwy 101 northbound off-ramp (both left/through and right turn lanes), to where the project would cause a backup of vehicles to stack onto the right-hand lane of Highway 101. The recommended improvement in the Study is to restripe the existing shared left/through off-ramp lane to a shared left/through/right turn lane. Any changes proposed to the off-ramp would require additional studies to analyze impacts to city-wide circulation and Caltrans review and approval. However, ATE has

515 McMurray Road – In-N-Out Page 5 November 17, 2022
Planning Commission Resolution No. 22-13
initially found this improvement to be infeasible and inadequate due to the short distance between the off-ramp intersection and the McMurray Road intersection. The project added traffic from the two proposed right-turn lanes on the off-ramp would need to weave across the short distance of the eastbound 246 through lanes to turn left on McMurray to reach the project site, which would significantly increase the probability of collisions.

Level of Service
The Traffic Study has anticipated a Level of Service (LOS) D for the McMurray/SR 246 intersection with a Cumulative + Project scenario, with the implementation of planned improvements underway by the City (note that for Cumulative without Project, LOS for the intersection is anticipated at an LOS C). The Study therefore, recommended an additional improvement to decrease the project impact, to install a southbound right turn overlap signal phasing (a dedicated right-turn arrow) for cars turning right onto onto SR 246 from McMurray, in front of Taco Bell. However, ATE’s peer-review found that the southbound right turn overlap would not improve the LOS to an acceptable level of C or better due to the queueing of cars that occurs on westbound SR 246 between McMurray and the 101 intersection, which often prevents a right-turn-on-red and sometimes a right-turn on a green signal. This improvement would require additional study for city-wide circulation impacts and Caltrans review and approval. Alternatives for the McMurray/246 intersection have been reviewed in the past but all required additional rightof-way and significant alignment changes.

On-Site Circulation
The project proposes three 10-foot-wide lanes in the driveway, one inbound lane, and two outbound lanes. The entrances to the two drive-thru lanes are sharp turns approximately 50 feet from the face of curb on McMurray Road. The Traffic Study does not show turning movements into drivethrough lanes. Figure 2 of ATE’s peer-review shows that an average sized vehicle will have a difficult time making the turn into the first drive-through lane. Furthermore, Figure 5 shows that an average sized pick-up truck (20’) will not be able to feasibly turn into the first drive-through lane at all. Further, an average sized truck will not be able to stay within the inbound lane when turning right to enter the site and must use part of the left-turn outbound lane in order to make the turn. This would likely cause conflicts and potential collisions at the driveway between vehicles turning into the inbound lane and vehicles stopped at the outbound lanes.

Besides vehicles not having adequate turning movement onto the driveway and drive-through lanes, there is another key concern with this configuration. Entering a narrow driveway is typically slower than entering a street. The proposed driveway apron, with 10 foot wide lanes and gutter crossing followed by a sharp turn into the drive-through lanes will significantly slow the vehicle flow into the driveway. The peer-review states that this factor has not been accounted for in the analysis of LOS or queuing operations. With an estimated 173 vehicles entering and 116 exiting the site within weekday PM peak hour, and 256 vehicles entering and 197 exiting the site within the Saturday midday peak hour, impacts to LOS and queuing that have already been identified as substantial in the Traffic Study would be even more so than anticipated with the driveway service factor included.

The drive-through capacity provides for 25 vehicles. According to the Traffic Study, this capacity is sufficient to accommodate the average peak (22 vehicles) and 85th percentile (24 vehicles) drivethrough queue. This capacity analysis was based on actual vehicular queues observed within the drive through lanes at comparable In-N-Out Burger restaurants throughout Southern California. In

515 McMurray Road – In-N-Out Page 6 November 17, 2022
Planning Commission Resolution No. 22-13
the occurrence of additional vehicles above the drive-through capacity, a Vehicle Over-stacking Plan has been provided as part of the project plans. The plan would further narrow the drive-aisle to accommodate overflow vehicles, potentially impacting McDonald’s sole entrance on the project site, and cars exiting the site.

From the closure of the connection point with extinguishment or amendment of the shared access easement between the project site, Marriott, and Chumash Employment Resource Center, all project ingress and egress is anticipated to be through the project site, with no alternatives to enter the site if conflicts at the driveway occur.

Lastly, there are safety concerns due to conflict points between the pedestrian paths proposed and vehicles on-site, causing pedestrians to cross the drive-through lanes on both paths to the building, and one path causing pedestrians to cross through the two entrance/exit points in the internal parking loop.

General Plan Consistency
The proposed project has been found to be inconsistent with the following General Plan policies:

L-11. New development shall incorporate a balanced circulation network that provides safe, multiroute access for vehicles, bicycles and pedestrians to neighborhood centers, greenbelts, other parts of the neighborhood and adjacent circulation routes.

The Project does not propose a circulation network that is balanced, safe, or has multi-route access.

There are a substantial amount of conflict points for vehicles, pedestrians, and bicyclists at both the sole entrance point on McMurray, and in the internal circulation between the connection point entering McDonald’s, the drive-through entrance, the drive aisles, and the parking spaces. Existing shared access between the project site and adjacent business to the north would be cut off. The concerns at the driveway point are also compounded with the substantial impacts to queuing and LOS on McMurray, SR 246, and Hwy 101 northbound off-ramp that have been found to have no feasible/practical or adequate mitigation.

C-5. Level of Service "C" or better traffic conditions shall generally be maintained on all streets and intersections, lower levels of service may be accepted during peak times or as a temporary condition, if improvements to address the problem are programmed to be developed.

As discussed above, a Level of Service (LOS) D is anticipated for the McMurray/SR 246 intersection, with no adequate improvements found to bring the intersection to an LOS C or better.

C-8. The City should manage the street network so that the standards presented in policy C10 are not exceeded. The City will require new development to mitigate the traffic impacts it causes, or the City will limit development along streets where congestion levels are unacceptable.

Congestion levels (queuing) caused by the project on McMurray Road/SR 246 southbound through/right-turn lane and northbound through/right-turn lane, and SR 246 Hwy 101 northbound

515 McMurray Road – In-N-Out Page 7 November 17, 2022
Planning Commission Resolution No. 22-13
ramp (both left/through and right turn lanes) will be unacceptable and have not been found to have feasible improvements that would adequately address impacts.

Staff has determined that the proposed Conditional Use Permit (21-CUP-02) cannot be found to be consistent with the City’s General Plan policies for circulation and traffic, that impacts identified in the Traffic Study for the project have not been adequately analyzed, and that recommended and alternative improvements to address impacts are not feasible or practical, and will not adequately address impacts on both the on-site and city-wide circulation systems.

Based on the foregoing, staff has prepared a Resolution for denial of the subject proposal.

RECOMMENDATION
Staff recommends that the Planning Commission consider the adoption of Resolution No. 22-13 – “A Resolution of the Planning Commission of the City of Buellton, California, Denying a Conditional Use Permit (21-CUP-02) and Sign Exemption (22-EXP-01) for a New Drive-Through Restaurant Located at 515 McMurray Road, Assessor’s Parcel Number 137-170-046, and Making Findings in Support Thereof”

ATTACHMENTS
Planning Commission Resolution No. 22-13
Attachment 1 – Vicinity Map
Attachment 2 – Project Description
Attachment 3 – Plans (dated 10-04-2022)
Attachment 4 – PC Conceptual Review Comment Summary
Attachment 5 – PC Preliminary Review Comment Summary
Attachment 6 – CERC and Marriott Letter
Attachment 7 – McDonald’s Letter
Attachment 8 – Revised Traffic Study (dated 09-30-2022) Attachment 9 – Supplemental Memo – Removal of Marriott Access Attachment 10 – ATE 2nd Peer-Review (dated 10-28-2022)
Attachment 11 – Sheriff’s Department Letter

Todd A. Amspoker
Kristen M. R. Blabey
Shannon D. Boyd
Timothy M. Cary
Melissa J. Fassett
Ian M. Fisher
Arthur R. Gaudi
Cameron Goodman
Christopher E. Haskell
James H. Hurley, Jr.

Eric P. Hvolbøll
Mark S. Manion
Steven K. McGuire
Our File Number:
24821-1
Counsellors at Law
200 East Carrillo Street, Suite 400
Santa Barbara, CA 93101-2190
Mailing Address: P.O. Box 99
Santa Barbara, CA 93102-0099
www.ppplaw.com
Ph (805) 962-0011 Fax (805) 965-3978
E-mail: [email protected]@ppplaw.com
Timothy E. Metzinger
Shereef Moharram
Craig A. Parton
Kenneth J. Pontifex
Hana Princip
Paul A. Roberts
Douglas D. Rossi
Peter D. Slaughter
Jeremy D. Stone
David W. Van Horne
C.E. Chip Wullbrandt
Ryan D. Zick

CAMERON PARK OFFICE
3330 Cameron Park Drive, Suite 100
Cameron Park, CA 95682-7652
Ph (805) 962-0011
Fax (805) 965-3978
July 28, 2022

VIA E-MAIL ONLY
John Rickenbach
Contract Planning Consultant
City of Buellton
[email protected]
Re: In-N-Out Burger Project Concerns; 515 McMurray Road Dear Mr Rickenbach:

This firm represents the Chumash Employment Resource Center (CERC), and Harrell Hospitality (which provides management and consulting services for the Buellton Marriott Hote)l. Our clients’ businesses are both located along Mc Murray Road, adjacent and to the north of the proposed In-N-Out Burger development at 515 McMurray Road.

The Marriott is the premier visitor serving hotel in Buellton, and CERC supports significant revenue generation to the entire Valley. While our clients otherwise could be supportive of the addition of an In-N-Out Burger to our local economy, they strongly oppose the currently proposed traffic circulation design of the project, which will impose In-N-Out’s constant and significant traffic through the otherwise quiet parking lots of the Marriott and CERC. This is not acceptable to the property owners, and should not be acceptable to the City.

The City can and should instead implement this new project in a fashion which retains the quiet enjoyment (and so best visitor experience) of the Marriott Hotel and CERC properties.

Attachment 6 Page 209 of 402
John Rickenbach
July 28, 2022

To be clear, retaining driveway connection through our clients’ properties for the proposed In-N-Out project does not retain the historic reciprocal easement relationship. The significant increase in traffic with an In-N-Out, combined with the drive thru design which directs customers from the pick-up window to the area of lot connection will simply overwhelm potential use by Marriott and CERC customers with the constant stream of In-N-Out customers.

This design not only fails to retain reciprocal benefit for the Marriott and CERC, but also creates new impacts that will unreasonably impact the quiet enjoyment expected by the customers of the Marriott Hotel and of CERC.

For decades the property at 515 McMurray Road was a movie theatre, serving mostly local Buellton and Santa Ynez Valley families. With that limited use, the movie theatre parking lot had a small connection with the Marriot Hotel parking lot, which then connected through the CERC (formerly Frederico’s restaurant) parking lot. Each of these properties also have their own outlets onto McMurray Road, and the travel between the parking lots has historically been limited for the convenience of the few customers passing between these businesses.

As we understand, when these properties were developed, an easement was included for that limited reciprocal access and to allow for some sharing of the parking lots. With the movie theatre, use was periodic at most, limited to the time between approximately two-hour windows (the period of each movie) and also limited to early evening hours and some weekend day use.

This limited use did not conflict with Marriott Hotel or CERC visitors.

As we are all aware, an In-N-Out Burger Drive Thru is a significantly different use. It will draw pass-by customers at all hours of the day and night from the adjacent Highway 101 to long lines at drive thru lanes, where workers maximize traffic by taking customer orders in constant traffic lines. The very purpose of the In-N-Out Burger design and its business model is to maximize such traffic flow, and to draw traffic in from the freeway through a combination of tall signage and with customer use of GPS devices to direct those faithful customers to the fastest route to each location.

With the original In-N-Out conceptual proposal in August of 2021, the applicants presented a site design and traffic flow which limited customer traffic to go directly into the property from McMurray Road in front of the site, through the drive-thru, and then back out on to McMurray Road via In-N-Out’s own driveway.

Unfortunately, it is our understanding that at that City conceptual review meeting, there was some likely well-meaning interest from the City for In-N-Out to revise its traffic circulation to retain the connection to the Marriott and CERC parking lots. As noted above, this additional flow through the CERC and Marriott parking lots will not retain the historic reciprocal benefit to our clients as provided by the easement, and will instead impose on our clients’ properties a Attachment 6 Page 210 of 402
John Rickenbach
July 28, 2022

nearly 24/7 short cut “frontage road” type arrangement from and to the northerly Highway 101 offramp, overcrossing and onramp area. This In-N-Out customer access “frontage road” use is made even more likely by the congested conditions at and near the intersection of McMurray with Highway 246, already burdened by the traffic design, turning restrictions and back up caused by the large commercial projects near that intersection, and with recent relatively large housing projects in this section along the east side of McMurray Road.

The three subject parking lots were designed for the purpose of individual parking lots, again with some limited connection for the convenience of those going between the businesses.

In particular, the connection between the Marriott lot and the former movie theatre lot is fairly narrow, with the connection more appropriate for the limited number of former movie theatre customers who availed themselves of the opportunity to charge their electric cars at the Marriott while enjoying a movie.

As now proposed, the exit from the In-N-Out drive thru is directly adjacent to the connection between the parking lots. It is almost certain that In-N-Out customers, particularly those looking for the quickest and most convenient route back to the 101, will make a right-hand turn and continue north, and In-N-Out customers will likely be guided by GPS or Yelp type reviews (or local knowledge) to follow the “de facto frontage road” through the CERC and Marriott parking lots as the shortest route to the Drive Thru.

Creating such an alternative “frontage road” through our clients’ parking lots clearly represents both an overburdening of the limited easement for shared customer access between these adjacent but very separate businesses, creates significant traffic safety and congestion problems and design conflicts, and also fails to deal with the cumulative traffic issues in the area.

We think it is clear that the City has failed to take into consideration in its environmental review the reasonably foreseeable impacts from turning our clients’ parking lots into a de facto frontage road for the tens of thousands of faithful In-N-Out fans who will use this “short cut” and congestion bypass, and has also not considered the business and bed tax losses that would result from turning these quiet parking lots into an IN-N-Out access road.

Attachment 6 Page 211 of 402
John Rickenbach
July 28, 2022

We therefore strongly urge that In-N-Out and the City return to the original In-N-Out proposed design, with no vehicular connection to the Marriott parking lot, and that In-N-Out be directed to work with our clients to replace or extinguish the subject easement. Alternatively, if the City does move forward to hearing with the current proposed design, we believe the City needs to prepare an Environmental Impact Report (EIR) including with full analysis of traffic congestion and traffic safety issues.

Thank you for your consideration of these concerns.

Sincerely,
C.E. Chip Wullbrandt
for PRICE, POSTEL & PARMA LLP
cc: Sam Cohen, CERC
Mike Hendrick, Harrell Hospitality
[email protected]
Attachment 6 Page 212 of 402
McDonald’s Corporation
Real Estate * design * construction
October 19, 2022
Cara Miralles
Assistant Planner
City of Buelton
331B Park Street
PO Box 1819
Buelton, CA 93427
RE: In-N-Out Burger
515 McMurray Road
Buellton, CA
L/C: McDonald’s LC 4-1012
Dear Ms. Miralles:

Thank you for the opportunity to revisit and review the updated Site Plan submitted by In-N-Out to be located at 515 McMurray Road, (Parks Plaza Theater), APN 137-170-04. Although the updated plan makes a few adjustments from the original C30 Plan dated Dec. 10, 2021, which we appreciate, some of the suggested changes McDonald’s submitted were not incorporated and we would respectfully ask that you reconsider those outlined below in the interest of avoiding traffic congestion and safety concerns. In addition, as mentioned in an earlier communication, McDonald’s shares many access points throughout California with In-N-Out and that experience tells us that the flow of vehicles and stacking can create problems if not appropriately managed. In this case, we believe problems can be avoided by keeping the ingress and egress as clear and open as possible and by utilizing the access driveway to its full width.

With those goals in mind, I have annotated the updated Site Plan attached and outlined our comments below.
• The combination of the proposed two-car stacking to the In-N-Out drive-thru and the single ingress lane at the McMurray Road curb cut will create congestion and back-ups on McMurray Road. Additionally, it will have a negative impact on McDonald’s customers by not allowing them to by-pass traffic waiting to enter the In-N-Out drive-thru lane. We suggest creating two ingress lanes at McMurray Road thereby permitting traffic destined for the McDonald’s restaurant to avoid getting held up by traffic waiting to enter the In-NOut drive thru. • Eliminate two (2) car stacking at the entrance of the drive-thru since this will increase the likelihood of congestion in the shared access driveway.

Attachment 7 Page 213 of 402
Page Two
October 19, 2022
Cara Miralles
Assistant Planner
City of Buelton
• Shorten landscape cut out to allow the full use of the access driveway to avoid congestion and safety concerns.
• Eliminate parking and landscape cut outs at parking spaces 29 thru 36 to allow the full use of the access driveway and to avoid congestion and safety concerns.

McDonald’s appreciates the City’s consideration of our suggested changes for the reduction of vehicular congestion and safety concerns at the planned In-N-Out restaurant.

We look forward to hearing from you. Please feel free to give me a call if you have any questions.

I can be reached at 916-407-8087 or via email at [email protected].

Sincerely,
McDONALD'S USA, LLC
Yoli Matranga
Real Estate Portfolio Mgr.

Cc: Victor Quiroz, McDonald’s Franchisee
Yoli Matranga
Attachment 7 Page 214 of 402
Attachment 7

Tra!c Engineering # Transporta%on Planning # Parking # Noise & Vibra%on Air Quality # Global Climate Change # Health Risk Assessment

IN-N-OUT BURGER
(515 MCMURRAY ROAD)

TRAFFIC IMPACT ANALYSIS
City of Buellton
September 30, 2022

<UNHIDDEN>

IN-N-OUT BURGER
(515 MCMURRAY ROAD)

TRAFFIC IMPACT ANALYSIS
City of Buellton
September 30, 2022
prepared by
Bryan Crawford
Giancarlo Ganddini, PE, PTP

GANDDINI GROUP INC
555 Parkcenter Drive, Suite 225
Santa Ana, California 92705
(714) 795-3100 | ganddini.com Project No. 19446

In-N-Out Burger (515 McMurray Road)
Traffic Impact Analysis
i 19446

TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................................................ IV

1. INTRODUCTION....................................................................................................................................................1 Project Description.................................................................................................................................................. 1 Study Area ................................................................................................................................................................ 1 Analysis Scenarios ................................................................................................................................................... 1

2. METHODOLOGY...................................................................................................................................................4 Level of Service Analysis Methodology (Non-CEQA)....................................................................................... 4 Intersection Delay Methodology............................................................................................................... 4 Performance Standards ............................................................................................................................... 5 Definition of Project-Related Level of Service Deficiency.................................................................... 5 Intersection Queuing Analysis Methodology ..................................................................................................... 5 Vehicle Miles Traveled Analysis Methodology (CEQA) .................................................................................... 5

3. EXISTING CONDITIONS......................................................................................................................................6 Existing Roadway System....................................................................................................................................... 6 Pedestrian Facilities................................................................................................................................................. 6 Bicycle Routes.......................................................................................................................................................... 6 Transit Facilities ....................................................................................................................................................... 6 General Plan Context.............................................................................................................................................. 6 Existing Traffic Volumes......................................................................................................................................... 6 Existing Intersection Level of Service .................................................................................................................. 7

4. PROJECT TRIP FORECASTS .............................................................................................................................17 Project Trip Generation........................................................................................................................................17 Primary Trips ...............................................................................................................................................17 Pass-by Trips ...............................................................................................................................................17 Diverted Trips .............................................................................................................................................17 Project Trip Distributions .....................................................................................................................................18 Primary Trip Distribution...........................................................................................................................18 Pass-by Trip Distribution...........................................................................................................................18 Diverted Trip Distribution.........................................................................................................................18 Project Trip Assignment.......................................................................................................................................18

5. FUTURE VOLUME FORECASTS ......................................................................................................................25 Cumulative Trips....................................................................................................................................................25 Ambient Growth.........................................................................................................................................25 Other Development...................................................................................................................................25 Analysis Scenario Volume Forecasts..................................................................................................................25 Existing Plus Project...................................................................................................................................25 Cumulative Without Project.....................................................................................................................25 Cumulative With Project...........................................................................................................................25

6. FUTURE CONDITIONS OPERATIONAL ANALYSIS ...................................................................................37 Intersection Level of Service Analysis................................................................................................................37 Existing Plus Project...................................................................................................................................37 Cumulative Without Project.....................................................................................................................37 Cumulative With Project...........................................................................................................................37 Intersection Queuing Analysis.............................................................................................................................42 Existing Plus Project Queuing ..................................................................................................................42 Cumulative Conditions Queuing..............................................................................................................44