Buellton City Council
November 14, 2024

2624 Airpark Drive, Santa Maria • California 93455 • Tel 805-934-5767 • Fax 805-934-3448 February 6, 2024
Lonnie Roy, PLA
ON Design Architects
P.O. Box 598
Santa Barbara, CA 93102
805-896-7896
[email protected]
518 Ave of Flags, Buellton, CA
Dear Lonnie,
Per your request, we have reviewed the updated conceptual drawings for the above referenced parcel by RRM Design Group, dated December 6, 2023. The purpose of this review was to determine if the grading & drainage designs associated with the approved entitlement documents, specifically the Preliminary Grading Plan and Storm Water Control Plan, are applicable to the updated plans.

Upon review, there has been a reduction in the overall building footprint and a shift of some of the parking from an interior to exterior. This would potentially allow more permeable surfaces and underground runoff storage volume. Therefore, the approved design would be considered a conservative estimate for planning purposes. Therefore, we consider the approved grading and drainage designs consistent with the proposed updates.

Sincerely
Russell J. Garrison P.E.

RESOLUTION NO. 22-07
“ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUELLTON, CALIFORNIA, APPROVING A FINAL
DEVELOPMENT PLAN (21-FDP-05) FOR THE 518 AVENUE OF
FLAGS – MIXED USE DEVELOPMENT PROJECT LOCATED AT
518 AVENUE OF FLAGS, ASSESSOR’S PARCEL NUMBER 137-
170-006, AND MAKING FINDINGS IN SUPPORT THEREOF”
BE IT RESOLVED by the City Council of the City of Buellton as follows:

SECTION 1: Pursuant to the Zoning Ordinance of the City of Buellton, an application has been filed by The 518 LLC, hereinafter referred to as “Applicant”, requesting approval to develop a mixed-use project on 1.22 acres of vacant land located at 518 Avenue of Flags, on the north-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-006 (the “Site”). The Site is located within the boundaries of the Avenue of Flags (AOF) Specific Plan; the underlying zoning is CR (General Commercial) zone with a General Plan land use designation of General Commercial.

SECTION 2: The proposed project consists of:

Final Development Plan (21-FDP-05) for the construction of two separate commercial and residential mixed-use building with corner courtyard and parking. The mixed-use development consists of 5,511 square feet of ground floor commercial space in Building #1, situated along the Avenue of Flags frontage; and 48 multi-family residential units located above the commercial space in Building #1 and also in a separate building complex, Building #2, which is located along the Second Street frontage of the property. The project includes eight (8) affordable units; ground level parking with 98 spaces, both outdoor and indoor via a parking garage in Building #2 under the residential units. Amenities include: outdoor common areas (Building #1 ground level Town Plaza corner courtyard, Building #2 courtyard/outdoor living space with shared BBQ and seating, 8 roof decks, pedestrian “amenity bridge” that connects the two buildings and provides views of the surrounding area); indoor common areas (gym/yoga/lounge areas and banquet room); private outdoor decks for 43 of the 48 dwelling unit; two elevators; mail, laundry and bicycle storage rooms for residents. Located on a 1.22 acre parcel at the northeast corner of Avenue of Flags and Second Street, the proposed new buildings will be an average of 41 feet in height with tower elements extending to approximately 46 feet. Architectural style is Art Deco, consistent with the AOF Specific Plan and with applicable Community Design Guidelines.

The following development plan modifications are required:

1. Building Façade Height Setback modification to allow for an average of 33% of the building façade heights at portions of the property lines to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30- foot height level as set forth in the Avenue of Flags Specific Plan.

2. Tandem Parking modification to allow for tandem parking garages, each with 2 vehicle spaces that are located one in front of the other, to be provided for the

Resolution No. 22-07 Page 2 March 24, 2022
residents of the proposed 19 two-bedroom units, whereby 38 parking spaces would be in the tandem configuration.

SECTION 3: All proceedings having been duly taken as required by law, and upon review of the information provided in the staff report, consideration of the testimony given at the public hearing, as well as other pertinent information, the City Council finds the following:

A. Record. Prior to rendering a decision on the Project, the City Council considered the following:

1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the City Council on March 24, 2022 (“CC Public Hearing”).

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

3. The following informational documents, which by reference, are incorporated herein:
a. The project file for 21-FDP-05 and the set of project plans date-stamped February 10, 2022
b. The staff report dated March 24, 2022.

B. Public Review On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in the Buellton Zoning Ordinance have been lawfully satisfied:

1. A notice of CC Public Hearing was published in a newspaper of general circulation on March 10, 2022 (the “CC Public Notice”), a minimum of 10 days in advance of the CC Public Hearing conducted on March 24, 2022.

2. The CC Public Notice was mailed to the Applicant, affected public agencies, persons owning property within 300 feet of the Project site and others known to be interested in the matter on March 10, 2022, a minimum of 10 days in advance of the CC Public Hearing.

3. The CC Public Notice was posted in two public locations on March 10, 2022, a minimum of 10 days in advance of the CC Public Hearing.

C. Environmental Review In accordance with the requirements of the California Environmental Quality Act, California Public Resources Code section 21000 et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15000 et seq., and the Environmental Impact Report Guidelines of the City of Buellton (collectively, “CEQA”), the proposed Project uses are consistent with and therefore were adequately addressed in the prior Mitigated Negative Declaration prepared for the Specific Plan pursuant to the California Environmental Quality Act.

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Applicable mitigation measures have been included in the Project conditions of approval.

D. Consistency Declarations Based on (i) the evidence presented in the project file (incorporated herein by reference), (ii) consultations with affected City Departments, and (iii) testimony and comments received in connection with the PC Public Hearing, the Planning Commission does hereby declare as follows:

1. Final Development Plan (21-FDP-05)
a. Findings:
i. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and intensity of development proposed because the project site is appropriately designated for such uses under the City’s General Plan, the Avenue of Flags Specific Plan, zoning is consistent, and the proposed site improvements and conditions of approval allow for adequate circulation around and through the site.
ii. No adverse impacts have been identified with this project through the incorporation of conditions of approval.
iii. That streets and highways are adequate and properly designed pursuant to the requirements of the City Engineer and the traffic study.
iv. That there are adequate public services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the Project. The Public Works Department is able to provide water and sewerage service to the Project. The Building & Safety Division and the Fire Department have provided conditions of approval to address their concerns. The Sheriff’s Department has no concerns with the Project.
v. That the Project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will be compatible with the surrounding area. The mixed-use Project is consistent with the use intended for the site per the Avenue of Flags Specific Plan. The proposed three-story building is expected to be compatible with nearby existing and planned multi-story mixed-use, commercial and multi-family residential land uses. vi. That the project is in conformance with the applicable provisions of Title 19 of the Municipal Code and the General Plan. With imposition of the conditions of approval, the project complies with both the General Plan and Title 19 (Zoning).

Resolution No. 22-07 Page 4 March 24, 2022
vii. That the project will not conflict with any easements required for public access through, or use of, a portion of the property as none exist on this property.
viii. That the proposed development is in conformance with the Avenue of Flags Specific Plan, including the Art Deco architectural style as described in the Specific Plan and with applicable Community Design Guidelines as reviewed by the City’s contract architect.

2. Building Facade Height Setback Modification (Municipal Code Section

19.08.120 (G)
a. Findings:
i. The façade height setback modification will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding areas. The modification would allow for an average of 33% of the building façade heights at property line to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30-foot height level as set forth in the Avenue of Flags Specific Plan; 67% of the building facades are in compliance with the requirement. The proposed mixed-use development meets the overall goals and intent of the Specific Plan which envisions a landmark, signature corner-courtyard building at this prominent Town Plaza location at the core of Buellton’s downtown. The facade height setback deviation is warranted given the landmark nature and the creative Art Deco design of the building. The façade height deviations are located primarily along the Avenue of Flags street frontage, and to a lesser degree along the Second Street frontage, where sidewalks extend an additional 8 to 12 feet (respectively) beyond the property line and add, in effect, an additional setback to the building façade when viewed from the street and surrounding neighborhood. There is also a lesser façade height deviation along the northern property line is for Building #1, which has a relatively short depth of 51 feet, representing a 29% portion of the combined building frontages along that property line depth. This segment abuts the San Marcos Hotel property at a location that is currently a landscaped area and provides a visual buffer to the proposed Project. Along the remaining northern property line, Building #2 is setback 49 feet. The proposed development will serve to provide a potential economic stimulus for the downtown area, which will enhance the overall convenience and general welfare of the surrounding neighborhood.
ii. The proposed building façade heights and setbacks would not be incompatible with the surrounding area because the proposed

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overall building heights are envisioned as part of the Avenue of Flags Specific Plan. A three-story mixed-use development has been entitled on the adjacent Town Plaza corner across 2nd Street to the south, and a 3-story multi-family residential project has been constructed on the immediately adjacent property to the east. Further north on the opposite side of Avenue of Flags and at a higher relative street grade, a 3-story mixed use building (Vintage Walk) has been constructed. The proposed building heights are comparable to or lower than the nearby Marriot Hotel on the opposite side of Highway 101 to the east.
iii. The proposed building facades conform with other applicable provisions of Title 19 (Zoning), with the Avenue of Flags Specific Plan and with the Community Design Guidelines.

3. Tandem Parking Modification (Municipal Code Section 19.08.120 (G) a. Findings:
i. The tandem parking modification will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding areas. The modification would allow for tandem parking garages, each with 2 vehicle spaces that are located one in front of the other, to be provided for the residents of the proposed 19 two-bedroom units whereby 38 spaces would be in the tandem configuration. The remaining 29 of the 48 total dwelling units, residential guests and the commercial uses are provided with 60 standard parking spaces. A total of 98 parking spaces are provided, which exceeds the code required parking of 96 spaces.

While the Specific Plan Form-Based Code is intended to allow for flexible interpretations of development standards, the tandem parking layout is not expressly allowed in the underlying CR Zone. However, tandem parking is allowed in other zoning districts and types of developments as a mechanism to address site constraints in the design of parking spaces, particularly for projects with higher-density residential and affordable housing uses. The proposed Project is located on a parcel that is at the core of Buellton’s downtown and is intended for higher density residential uses in the Specific Plan. In addition, 15% of the proposed dwelling units would be provided as affordable housing. Tandem parking is being proposed as a creative solution to providing adequate on-site parking for the subject development, which seeks to fulfill the Specific Plan vision of serving as a catalyst for rejuvenation of the surrounding neighborhood.

Dimensions of the parking spaces within the garages appear to be consistent with industry standards for tandem parking and meet the

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minimum size of spaces defined in the Municipal Code. The depths of the individual parking garages and tandem parking spaces vary, reflecting the exterior articulation of the overall building. The Applicant has provided the following minimum dimensions (some garages may have additional depth):
• Minimum Tandem Parking Garage Dimensions =
11’-2” width x 36’ depth
• Minimum Single Parking Garage Dimensions =
11’-2” width x 20’ depth
Also, the Traffic & Parking Study for the Project analyzed potential peak parking demands based industry standard parking rates for mixed-use developments and concluded that the peak parking demand of 69 spaces is 29 spaces less than the 98 spaces being provided by the Project. Based on the Study, there are more than adequate on-site parking spaces provided to serve peak demand generated by the proposed mixed-use development. Consequently, the proposed 19 tandem parking garages would not result in a negative impact upon the surrounding neighborhood.
ii. The proposed 19 tandem parking garages, each with two residential parking spaces, would not be incompatible with the surrounding area because an overall adequate amount of parking, with a total of 98 spaces, is provided by the Project to serve the proposed mixed-use development for which the code required parking is 96 spaces and the peak parking demand is estimated to be 69 spaces. In an effort to ensure that parking spillover impacts upon the surrounding be minimized, the conditions of approval require that a legal mechanism and ongoing monitoring and enforcement program be implemented by the Applicant to ensure that the tandem garages are used for resident vehicle parking only and not for storage, business or other purposes that preclude the parking of residents’ vehicles.
iii. Except as stated above, the proposed overall parking layout conforms with other applicable provisions of Title 19 (Zoning), with the Avenue of Flags Specific Plan and with the Community Design Guidelines.

Resolution No. 22-07 Page 7 March 24, 2022
SECTION 4: Based on the findings set forth in Sections 2 and 3, and subject to the conditions attached hereto, the City Council hereby approves Final Development Plan (21-FDP05) for the 518 Avenue of Flags Mixed-Use Project located at 518 Avenue of Flags.

PASSED, APPROVED and ADOPTED this ______ day of March, 2022. ________________________________
Holly Sierra
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk

Resolution No. 22-07 Page 8 March 24, 2022
______________________________________________________________________________ I, Linda Reid, City Clerk of the City of Buellton, do hereby certify that the foregoing Resolution No. 22-07 was duly adopted by the City Council of the City of Buellton at the regular meeting held on the ______ day of March, 2022, by the following vote of the Council:

AYES: X
NOES: 0
ABSENT: 0
ABSTAIN: 0
____________________________________
Linda Reid
City Clerk

Resolution No. 22-07 Page 9 March 24, 2022

CONDITIONS OF APPROVAL
518 AVENUE OF FLAGS – MIXED-USE DEVELOPMENT
518 AVENUE OF FLAGS
FINAL DEVELOPMENT PLAN 21-FDP-05
A. GENERAL PROVISIONS

1. Project Description. The approval granted herein is based upon and limited to compliance with the Project Description and conditions of approval set forth below.

The Project Description is as follows: This Project is a request by The 518 LLC, hereinafter referred to as “Applicant”, for approval of a Final Development Plan (21-FDP-05) (“Application”) to develop a mixed-use project consisting of two separate mixed-use commercial and residential buildings, each 41 feet in height to typical top-of-parapet, with corner courtyard and parking on 1.22 acres of vacant land located at 518 Avenue of Flags, on the north-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-006 (the “Property”).

The Project plans that are included in this approval are date-stamped February 10, 2022. The approved color palette is shown on the color and materials digital images in the Project Plans. Any deviations from the Project Description, exhibits or conditions must be reviewed and approved by the City for conformity with this approval. Deviations may require formal modification of the approval and/or further environmental review. Deviations without the above-described authorization will constitute a violation of this approval.

2. Additional Permits Required. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, or rebuilding of any building, structure, or improvement, the Applicant shall: (i) obtain a Zoning Clearance (hereinafter defined below); and (ii) obtain all other permits and approvals that may be required by operation of the Buellton Municipal Code (e.g., grading permit, building permit, encroachment permit, etc.). Before any Zoning Clearance will be issued by the City, the Applicant must obtain written clearance from all departments having jurisdiction; such clearance shall indicate that the Applicant has satisfied all pre-construction conditions of approval. To the extent any condition or provision of the approval set forth herein is incompatible with or at variance with any other permit for the Project, the most restrictive condition and provision shall prevail.

3. Print & Illustrate Conditions on Plans. All conditions of approval shall be printed in their entirety on applicable pages of final development, grading and construction plans submitted to the City.

4. Terminology. Except where otherwise noted, the terms appearing throughout the conditions of approval set forth herein shall have the meanings as defined below.

Resolution No. 22-07 Page 10 March 24, 2022
Capitalization is used to identify defined terms and shall have the meanings as set forth below unless the context in which they are used clearly requires otherwise. a. “Applicant” means The 518 LLC, and includes all agents, subdividers, developers, contractors, workers and personnel employed on the Project, as well as all successors and assigns of interest.
b. “Building Department” means the Building and Safety Division of the County (and all successors and assigns thereof), on behalf and under contract to the City to perform building plan check and inspection services. c. “City” means the City of Buellton and includes the City Manager, City Engineer, Planning Director and all other duly appointed officials having responsibility for land use matters, as well as their respective assignees (e.g., Department staff members). Unless otherwise indicated, the Planning Department shall be the primary point of contact for the City. d. “County” means the County of Santa Barbara.
e. “Environmental Monitor” means person or personnel of the City assigned to monitor field mitigation in order to ensure compliance with the Mitigation Measures. The City has discretion to determine the qualifications of the Environmental Monitor, the number of monitors needed and the disciplines of the monitors, their duties and the arrangements for compensation
f. “Final Building Inspection Clearance” means acknowledgement by the Building Department that construction of the Project has been completed in full compliance with plans and specifications approved by the City and the Building Department. Such acknowledgement is typically evidenced by signature of appropriate staff on the building permit inspection form. g. “Fire Department” means the Fire Department of the County (and all successors and assigns thereof), furnishing fire prevention and protection services to the City by operation of special district.
h. “Mitigation Measures” means conditions and measures required to mitigate environmental effects of the Project as identified in General Plan Update EIR in connection with the Project under the provisions of the California Environmental Quality Act of 1970, as applicable. i. “Entitlement” means the type of land use permit required by the Buellton Municipal Code in connection with the Project for which approval is granted herein.

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j. “Project” means and includes all of the actions described in the Project description above.
k. “Project Inspection” means a field inspection and documentation review performed by the Planning Director at the time of Final Building Inspection Clearance to verify that the Project has been completed in full compliance with the terms and conditions of approval. The Project Inspection shall be performed upon completion of construction and the Project must be fully compliant with all terms and conditions of approval prior to and as a condition precedent to obtaining Final Building Inspection Clearance. l. “Project Manager” means person or personnel of the City assigned to oversee and administer the Permit including, but not limited to, compliance with the Mitigation Measures set forth herein.
m. “Property” means the land and improvements identified in the Project Description.
n. “Property Owner” means The 518, LLC , and includes all persons and entities possessing fee title (in full or in part) to the site of the Project, and all successors and assigns of such persons and entities. o. “Retained Monitor” means person or personnel of the Applicant assigned to monitor field mitigation in order to ensure compliance with the Mitigation Measures. The Retained Monitor must be qualified in his or her respective field and their appointment/retention is subject to approval by the City. For instance, the Retained Monitor assigned to verify compliance with cultural resources Mitigation Measures should be an archaeologist or a person trained to identify cultural resources and who is acceptable to the City
p. “Zoning Clearance” means approval granted pursuant to 19.08.100 of the Buellton Municipal Code requisite to issuance of a building permit for authorized construction or land development activities.

5. Interpretations and Exceptions. The Planning Director is authorized to render decisions as to the applicability or interpretation of the conditions set forth herein, including minor changes, when the strict application of the conditions conflicts with the underlying purpose of the conditions or creates undue hardship or administrative burden. Any administrative change granted shall be subject to such conditions as will:
(i) assure that the adjustment thereby authorized shall appropriately implement purposes and objectives of the original conditions; and (ii) not change or compromise the effectiveness of the original conditions. As an example, and for illustrative purposes only, the Planning Director may modify the implementation timing of specific conditions at the mutual convenience of the City and Applicant. Minor

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

6. Indemnity. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, arising from or in connection with the approval, decision or action of the City Council, Planning Commission, or other decision-making body, or staff action concerning the Project, including but not limited to writ proceedings, claims for inverse condemnation, personal injury, property damage, and/or breach of a mandatory duty, challenges under the California Environmental Quality Act, and/or any action that attacks, challenges, or seeks to set aside, void, or annul all or any part of the approvals, decisions, or actions concerning the Project. City shall promptly notify the applicant of any Action brought and request that the applicant defend the City. It is expressly agreed that applicant may select legal counsel providing the applicant’s defense and the City shall have the right to approve separate legal counsel providing the City’s defense. The applicant shall reimburse City for any attorneys’ fees, costs and expenses directly and necessarily incurred by the City in the course of the defense.

7. Legal Challenge. In the event that any condition imposing a fee, exaction, dedication or other mitigation measure is challenged by the Applicant in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action.

8. Approval Limitations. This approval is issued pursuant to the provisions of Title 19 of the Buellton Municipal Code and is subject to the foregoing conditions and limitations. Failure to comply with said conditions of approval may subject the Applicant to remedies and penalties specified in the Buellton Municipal Code.

9. Compliance Costs. All projects are subject to Project Inspection that is funded under existing permit fees. This condition shall serve as implementation of the Mitigation Monitoring and Reporting Program for the Mitigation Measures as well as the general conditions of approval set forth herein. The Applicant agrees to participate in this permit compliance program and to fund all reasonable expenses incurred by the City and/or City contractors for permit condition implementation, reasonable studies, and emergency response directly and necessarily related to monitoring and enforcement of these permit conditions and applicable City ordinances. Any staff time spent in

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excess of the Applicant’s current deposit will be billed to the Applicant and the Applicant shall reimburse City within 30 days of invoicing by City.

10. Enforcement Costs. In the event the City determines that it is necessary to take legal action to enforce any of the conditions of approval herein, and such legal action is taken, the Applicant shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with the Applicant to waive said fees or any part thereof.

11. Failure to Comply. In the event that the Applicant fails to comply with any order of the City issued hereunder or any injunction of the Superior Court, it shall be liable in accordance with the provision of Section 1.32 of the Buellton Municipal Code.

12. Access to Records and Facilities. As to any condition that requires for its effective enforcement the inspection of records or facilities by City or its agents, the Applicant shall make such records available or provide access to such facilities upon reasonable notice from City

13. Payment of Fees. All applicable fees associated with development of the Project shall be paid by the Applicant at the time such fees become payable as provided by Buellton Municipal Code or otherwise stipulated in this approval (whichever date is sooner), and the amount payable shall be based on the those fee schedules adopted by the City and then in effect at the time such fees become payable.

14. Acceptance of Conditions. The Applicant shall acknowledge and agree to all conditions of this approval within 60 days of the notice of final action, evidenced by the Applicant’s signature on the space provided at the end of this document. The Applicant shall record this document on title to the subject Property prior to or concurrently with the filing of a Zoning Clearance. The Applicant, and all successors or assignees, are responsible for complying with all conditions of approval. Any zoning violations concerning the installation, operation, and/or abandonment of the Project are the responsibility of the Applicant, and all successors or assignees.

B. ENVIRONMENTAL MITIGATION MEASURES
Air Quality

15. AQ – 1: Location-specific Health Risk Assessments
For future land use development permit applications within the Project area, a location-specific health risk assessment (HRA) shall be required if the development would place sensitive receptors, such as residences, within 500 feet of Highway 101. If the HRA indicates that the proposed development would expose sensitive receptors to an unacceptable health risk resulting from its

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proximity to Highway 101, then additional mitigation that reduces health risk below standards recommended by SBCAPCD, such as MERV filtration, shall be incorporated into the development prior to permit issuance.

Monitoring:

Planning Department will verify at the time of future land use development permit approval and Zoning Clearance issuance that Mitigation Measure AQ-1 has been incorporated into the individual project/permit approval, as applicable.

Cultural Resources

16. CR – 1: Halt Work Order for Archaeological Resources If unanticipated cultural resources are exposed during potential future developments within the Project area, all earth disturbing work within the vicinity of the find must be temporarily suspended until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. A representative should monitor any mitigation excavation associated with Native American materials.

Monitoring:

Planning Department will verify at the time of future land use development permit approval and Zoning Clearance issuance that Mitigation Measure CR-1 has been incorporated into the individual project/permit approval, as applicable.

Noise

17. N – 1: Construction Noise Attenuation
For all demolition and construction activity within the Project Area, noise attenuation techniques shall be employed as needed to ensure that noise remains within levels allowed by the City of Buellton construction noise standards (Section

8.04.030(G)(4)(d); 75 dBA Leq). Construction noise attenuation measures shall include:
• All construction equipment shall have properly maintained sound-control devices.
• No equipment shall have an unmuffled exhaust.
• All construction equipment powered by internal combustion engines shall be properly muffled and maintained.
• Unnecessary idling of internal combustion engines shall be prohibited.

As necessary to achieve the construction noise standard, contractors shall implement appropriate additional noise mitigation measures including, but not limited to, siting the stationary construction equipment away from residential areas to the extent possible, shutting off idling equipment, rescheduling construction

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activity, notifying adjacent residents in advance of construction work, and installing temporary acoustic barriers around stationary construction noise sources.

Monitoring:

Planning Department will verify at the time of future land use development permit approval and Zoning Clearance issuance that Mitigation Measure N1 has been incorporated into the individual project/permit approval, as applicable.

Transportation / Traffic

18. T – 1: Traffic Mitigation Fee Program
Developments within the Project area would be required to contribute to the City’s traffic mitigation fee program to fund long-term programmatic improvements.

Monitoring:

Planning Department will verify at the time of future land use development permit approval and Zoning Clearance issuance that Mitigation Measure T1 has been incorporated into the individual project/permit approval, as applicable.

C. ENGINEERING CONDITIONS – FINAL DEVELOPMENT PLAN (21-FDP-05) PRIOR TO GRADING PERMIT ISSUANCE:

19. Improvement Plans. Applicant shall cause to be prepared by a Civil Engineer, registered in the State of California, grading and utilities improvement plans, including, but not limited to, street, water, sewer, and storm drain improvements.

An engineering cost estimate shall be submitted with the grading and improvement plans along with any calculations, signed/stamped certifications and plan check processing fees.

20. Improvement Plan Requirements. Plans shall be drawn by a California Registered Civil Engineer. Drawings shall be prepared on 24-inch by 36-inch mylar (4 mil) showing all proposed improvements including, but not limited to, curbs, gutters, sidewalks, paving, driveway cuts, storm drains, street lights, utilities, and street trees. Final plans shall be wet-stamped by the Civil and Soils Engineer and subsequently signed by the City Engineer prior to permitting.

21. Soils Report. At the time that Improvement Plans and/or Grading and Drainage Plans are submitted for review and approval by the City Engineer, two copies of a Soils Report, prepared by a California Registered Geologist or Soils Engineer, shall be submitted. The Report shall address soils engineering and compaction requirements, R-values, and other soils and geology related issues (including

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

22. Grading Oversight by Geotechnical Engineer. A geotechnical engineer or geologist licensed in the State of California shall provide guidance during grading operations and shall certify constructed pads and ensure all mitigation measures are properly implemented. Certifications and final reports shall be submitted to the City Engineer for approval.

23. Erosion Control Plan. Erosion Control Plans shall be completed and submitted to the City Engineer for review and approval. Appropriate BMP measures shall be undertaken at all times. This shall be in compliance with the Regional Water Quality Control Board requirements. NOI shall be filed. A SWPPP shall be developed for the project site by a certified QSD, draft copy shall be submitted for review prior to issuance of the grading permit. SWPPP shall be on-site at all times.

Implementation shall be performed by a QSP.

24. Hydrology Report. At the time that Improvement and/or Grading and Drainage Plans are submitted for review and approval by the City Engineer, a complete hydrology/hydraulic report shall be submitted by the applicant’s engineer determining the adequacy of the proposed drainage system and the adequacy of the existing downstream system. A rain fall frequency of twenty-five (25) years shall be used for sizing piping and inlet structures. If no overland escape is available, 100-year flows shall be used as the basis of design. Santa Barbara County Engineering Design Standards shall be used. The report shall include a flood study the reviews pre-development and post development flood conditions, recommendations to be implemented to minimize or resolve flood issues that may impact the proposed development and recommendations to be implemented that minimize or resolve flood issues outside of the development property that results from the proposed development. These recommendations shall be incorporated in the project improvement plans.

Plans shall clearly delineate floodway and floodplain limits. Any work within Floodplain areas shall be reviewed and analyzed in the Hydraulic and Hydrology study to ensure there is no adverse effects of flooding to any properties. Project shall comply with all floodplain development requirements including minimum pad elevations and building flood-proofing as applicable.

25. Stormwater. Development shall be undertaken in accordance with conditions and requirements of the State of California Regional Water Quality Control Board.

Project Grading and Storm Drain Improvement Plans shall identify and incorporate Best Management Practices (BMPs) appropriate to the uses conducted on-site and during construction to effectively mitigate storm water pollution during construction as well as post-construction.

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Stormwater management shall be incorporated in the improvement plans (low impact development). This project is subject to Post Construction Requirements as outlined in the City’s Stormwater Technical Guide for a Tier 4 project.

A Stormwater Control Plan that analyzes the potential flows, run-off and drainage management area’s and proposed lid improvements to address run-off and water quality, including a maintenance/water quality control plan, shall be submitted.

This document shall include an owner’s statement that maintenance of facilities will occur regularly (at least twice annually) and will be ongoing. The plan shall include an Operations and Maintenance Plan which requires an annual maintenance report which must be signed/certified by the QSD/QSP, property owner and contractor and submitted to the Public Works Department.

26. Fire Department Review. Applicant shall submit improvement plans for concurrent review with the Santa Barbara County Fire Department and shall provide documentation of submittal along with grading and utility improvement plans to the City Engineer. A copy of the Fire Department approval shall be submitted prior to issuance of grading permit.

27. Right-of-Way Improvements. All off-site, public frontage improvements, including driveway, sidewalk, curb and gutter, street lighting, pavers and any other improvements made within the public right-of-way shall be shown on a separate sheet. These improvements shall utilize City of Buellton standard details and provide for ADA access.

28. Regulatory Agency Permits. All applicable permits and approvals required from other regulatory agencies such as Regional Water Quality Control Board, USFW/DFG, FEMA, etc., shall be obtained prior to issuance of Grading Permit.

29. Mylars. Upon approval of the final plans, the applicant shall furnish original stamped mylars to the City Engineer for signature and reproduction for permitting purposes. A final Engineer’s estimate shall be prepared (updated from the original submittal and shall utilize prevailing wage rates) and permit/inspection fees paid.

30. Sureties. A faithful performance and labor/material bond for the grading and utilities (each to be equal to 100% of the final City Engineer’s estimate of costs, which shall include a 20% contingency), or equivalent form of guarantee, shall be posted by the applicant. The bonds shall remain in effect until the completion of the project and a certificate of occupancy has been issued, at which time, 10% of the bond shall be retained for a warranty period of 1 year after the City has approved a Notice of Completion and after receipt/approval of the As-built Record Drawings.

31. Restaurants – FOG Program Compliance. Any restaurant activities shall comply with City’s FOG Program and shall identify grease interceptors in grading improvement plans. If unknown at this time, applicant shall install a grease interceptor if any restaurant occupies any of the buildings.

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32. Utilities on Plans. All utilities shall be shown on the plans. All proposed water (including irrigation and fire), sewer, drainage and dry utilities such as Comcast, PG&E, Gas, etc. shall be located per City standards, to the satisfaction of the Public Works Department.

33. Water Improvement Plans. Water improvements shall identify location of all backflow devices for the commercial buildings, irrigation and fire. Separate meters shall be required. If applicant wishes to utilize the existing water meter for service for building and irrigation, tee shall be past the backflow device. Water bills will not distinguish between landscape and domestic use, domestic use will be billed.

PRIOR TO BUILDING PERMIT ISSUANCE:

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

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

36. Industrial Waste Discharge Permit. The applicant shall obtain an industrial waste discharge permit, as applicable, from the City Public Works Department prior to obtaining a building permit.

PRIOR TO OCCUPANCY CLEARANCE:

37. Completion of Improvements. The applicant shall complete all required improvements to the satisfaction of the City Engineer. The applicant shall furnish the mylar or a reproducible copy of the improvement plans to the City Engineer, modified to reflect field changes made during construction and stamped “As-Built Record Drawings.”

38. Water and Sewer Fees. The applicant shall pay water and sewer utilities fees from the Public Works Department prior to occupancy. In addition, all pretreatment and FOG compliance requirements must be in place prior to payment of water/sewer fees and occupancy.

39. Public Easement Dedication. Any public easements requiring dedication shall be approved and accepted by the City prior to occupancy.

40. Industrial Discharge. If applicable, an Industrial Discharge permit for specific tenant improvements will be required prior to occupancy.

41. Traffic Fees. The applicant shall pay Traffic Mitigation Fees and other applicable fees prior to occupancy.

42. Payment of Fees. All fees and any unpaid balances from plan check or inspection and permits, shall be paid in full.

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GENERAL CONDITIONS:

43. Landscape Maintenance By Property Owner. Landscaping along property frontage (including landscaping within the public right-of-way) shall be maintained by property owner in perpetuity.

44. Public Improvement Standards. Unless superseded by Caltrans all public improvements shall be designed and constructed in conformance with The City of Buellton Standards, and when applicable, the Santa Barbara County Standards.

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

46. Utility Relocation. Applicant hall be responsible for any utility relocation, in addition to provision of new easement dedication as appropriate. Should a new easement be necessary, applicant shall submit the easement to the City Engineer review.

47. Utility Permits and Undergrounding. Applicant is responsible to submit permit applications to/for all utility services to PG&E, Comcast, So Cal Gas, Frontier, etc.

All facilities shall be underground.

48. Avenue of Flags Public Improvements. Applicant shall complete public improvements on the Ave of Flags frontage. Design of improvements shall match existing improvements on Ave of Flags such as pavers, pedestrian lights and appurtenant facilities, including the installation of street trees and signage regarding potential time limit restrictions for on-street parking during business hours (subject to City Council direction), to the satisfaction of the Public Works Director.

Applicant is responsible for the design, PG&E application and installation of pedestrian lights along their frontage.

49. As-Built Record Drawings. Prior to the release of any bonds, the applicant shall furnish the mylar or a reproducible copy of the improvement plans to the City Engineer, modified to reflect field changes made during construction and stamped “As-Built Record Drawings.” A PDF of the final As-Built Record Drawings shall be submitted to the City.

50. Waste Collection and Disposal. Applicant shall provide adequate waste collection and disposal through the City’s provider and shall comply with all requirements of AB341 and AB1826.

D. PLANNING CONDITIONS

51. Zoning Clearance. As a condition precedent to obtaining building permits, and prior to improving any portion of the Property or commencing any work pertaining to the Project approved herein, the Applicant shall obtain Zoning Clearance from

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

52. Performance Standards. The design, operation, and use of the Project and Property shall comply with all outdoor storage, trash collection design, performance standards, landscaping requirements, and lighting provisions of the Buellton Municipal Code. All exterior lighting shall be located and designed so as to avoid creating substantial off-site glare, light spillover onto adjacent properties, or upward illumination into the sky. In addition, the Property shall be maintained in strict compliance with the following additional standards. a. Use Limitations. No building or other improvement upon the Property shall be constructed, maintained, or used for any purpose other than that which is allowed by the Buellton Municipal Code or otherwise stipulated in the conditions of approval herein. Furthermore, the Property shall be maintained in strict compliance with the following additional standards:
(1) Unobstructed Access. All driveways and areas designated for offstreet parking shall remain accessible at all times. Except as allowed by revocable license approved by the City, parking shall not be allowed on driveways at any time.
(2) Vehicle Repair. No disassembly, repair or any other work shall be performed on any vehicle, machine, motor, appliance or other similar device shall be allowed on any portion of the Property except or unless such work and device is wholly removed from public view. (3) Exterior Storage. No storage of any goods, materials or equipment shall be permitted on the Property except within the confines of fully enclosed buildings.
b. Prohibited Activities. No person owning, leasing, occupying or having charge or possession of the Property, or any portion thereof, shall maintain or use the premises in such a manner that any of the following conditions are found to exist:
(1) Fire and Explosion Hazards. Storage and transportation of flammable or explosive materials, as defined by the County of Santa Barbara Fire Department, which are provided without adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices, standard in the industry.
(2) Fissionable, Radioactivity or Electrical Disturbance. Storage or use of fissionable or radioactive material, if their use or storage results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewage

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systems, or any activities which emit electrical disturbances, affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(3) Glare, Humidity, Heat and Cold. Direct or sky-reflected glare, whether from floodlights or from high temperature processes, or humidity, heat or cold that is produced and is perceptible without instruments by the average person at the Property line. (4) Liquid and Solid Wastes. Discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any material of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction over such activities. (5) Odors. Emissions of odorous gases or other odorous matter that are produced in nuisance quantities at the Property line.
(6) Particulate Matter and Air Contaminants. Emissions, including but not limited to, fly ash, dust, fumes, vapors, gases, and other forms of air contaminants which are produced from any facility or activity which are readily detectable without instrument by the average person at the Property line which can cause any damage to health, animals, vegetation or other forms of property, or which can cause excessive soiling at any point.
(7) Vibration. Ground vibration that is produced and is discernible without instruments to the average person at the Property line.

Ground vibration caused by motor vehicles, trains, aircraft, and temporary construction or demolition work is exempted from this standard.
(8) Prohibition of Dangerous Elements. Land or buildings which are used or occupied in any manner so as to create any dangerous, noxious, injurious or otherwise objectionable fire, explosive or other hazard; noise or vibration; glare; liquid or solid refuse or waste; or other dangerous or objectionable substance, condition, or element in such a manner or such an amount as to adversely affect other uses. (9) Noise. Unless otherwise conditionally allowed, no person shall operate or cause to be operated any source of sound at or on the Property, or allow the creation of any noise on the Property owned, leased, occupied or otherwise controlled by such person which

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causes the noise level when measured on any receiving property to exceed the noise level limits set forth by the Buellton Municipal Code as adopted and amended.

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

54. Building Standards. All building construction shall be designed and performed in accordance with the currently adopted California Building Code, and all other appropriate sections of the Buellton Municipal Code, State of California energy conservation standards and Title 24 handicap accessibility standards. All necessary plans and documentation shall be submitted at time of plan check including, but not limited to, complete architectural plans and appropriate engineering calculations prepared by a California Licensed Architect or Engineer.

55. Grading and Drainage. All building construction, grading and drainage shall be designed and performed in accordance with the currently adopted Excavation and Grading Code and all other appropriate sections of the Buellton Municipal Code and Santa Barbara Flood Control Design Standards dealing with grading, drainage and public improvements. Prior to construction, necessary plans and documentation shall be submitted for review and approval by the City Engineer including, but not limited to, complete civil engineering drawings, public improvement plans, utility specifications and appropriate engineering calculations prepared by a California Registered Civil Engineer.

56. Construction Hours. Construction shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. Equipment maintenance and servicing shall be confined to the same hours. Weekend construction and other exceptions shall require special approval from the Planning Director, in consultation with the City Engineer, and be limited to the hours of 9:00 a.m. to 4:00 p.m. Prior to issuance of building permit, the Developer shall provide proof that all construction equipment utilizing internal combustion engines have mufflers that are in good condition.

57. APCD Permits. Prior to occupancy, APCD permits must be obtained for all equipment that requires an APCD permit. APCD Authority to Construct permits are required for diesel engines rated at 50 bhp and greater (e.g., firewater pumps and emergency standby generators) and boiler/large water heaters whose combined input rating exceeds 2.0 million BTUs per hour.

58. Rule 360 Emissions Compliance. Small boilers and water heating units (rated between 75,000 and 2.0 million BTU/hr) must comply with the emission limits and certification requirements of APCD Rule 360. Please see www.sbapcd.org/eng/boiler/rule360/rule_360.htm for more information and a list of certified boilers (note: any units fired on fuels other than natural gas must be certified by the SBAPCD on a case-by-case basis, even if the unit is certified when fired on natural gas).

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59. Compliance with Air Quality Regulations. The project shall comply with APCD Rule 345 and related air quality requirements, as described below, which would ensure that construction emissions would remain less than significant. a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be required whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
c. Gravel pads must be installed at all access points to prevent tracking of mud onto public roads.
d. If importation, exportation and stockpiling of fill material are involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin. e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur.
f. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading for the structure.
g. Prior to land use clearance, the applicant shall include, as a note on a separate informational sheet to be recorded with map, these dust control requirements.

All requirements shall be shown on grading and building plans. h. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit.
i. Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel particulate matter (PM) and criteria pollutant emissions from in-use (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at
www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.

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j. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavyduty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible.
k. Diesel construction equipment meeting the California Air Resources Board (CARB) Tier 1 emission standards for off-road heavy-duty diesel engines shall be used. Equipment meeting CARB Tier 2 or higher emission standards should be used to the maximum extent feasible.
l. Diesel powered equipment should be replaced by electric equipment whenever feasible.
m. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California. n. Catalytic converters shall be installed on gasoline-powered equipment, if feasible.
o. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
p. The engine size of construction equipment shall be the minimum practical size.
q. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time.
r. Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite

60. Final Occupancy Clearance. No Final Building Inspection Clearance or release of occupancy will be granted for any building on the Property until all construction is completed and all improvements and landscaping associated with the Project are installed in accordance with the plans approved and the conditions specified herein.

Exceptions to this requirement may be granted subject to: (i) approval of the City Engineer and Planning Director; (ii) assurance that unfinished items will be completed within a reasonable period of time (including, but not limited to, the posting of appropriate performance security to assure such completion); (iii) essential infrastructure necessary to serve the entire Project is fully installed; and (iv) public safety and convenience is appropriately protected.

61. Property Maintenance. The Project and Property, including the landscaping, shall be maintained in a continuous state of good condition and repair, in full compliance with all approved plans, specifications and conditions of approval. Corrective improvements shall be undertaken as necessary to continuously conform with and implement conditions of Project approval including, as applicable, repair, repainting and/or replacement of Project components as needed. Where a Project is

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found to be non-compliant, the Applicant shall adhere to City recommendations to bring the Project into compliance.

62. Avenue of Flags Specific Plan. The Project shall be in conformance with the Avenue of Flags Specific Plan, including the Art Deco architectural style and any applicable Community Design Guidelines and Municipal Code requirements.

63. Architectural Design. The Project is designed as Art Deco. The architectural design of the buildings shall conform to that shown on the Project plans submitted February 10, 2022, which include: architectural elevations; the color and materials board submitted (image sheets included in the plans); and the color 3D Illustrations.

64. Streetscape Improvements. Streetscape improvements such as decorative sidewalk, decorative street lights, landscaping, street furnishings, trash and recycle bins, shall be in conformance with the Avenue of Flags Specific Plan to the satisfaction of the Planning Director as part of the Zoning Clearance process.

65. Trash Enclosure Design. The color and materials utilized for the Project’s trash enclosure shall be consistent with the overall building design

66. Project Inspections. Upon completion of construction and prior to occupancy or use, the Planning Director shall conduct a Project Inspection prior to and as a condition precedent to obtaining Final Building Inspection Clearance. Compliance with all conditions of approval is a pre-requisite to obtaining the Final Building Inspection Clearance.

67. Final Landscape and Irrigation Plans. The final landscape and irrigation plans shall be in compliance with the City’s Water Efficient Landscaping Ordinance and utilize species from the City’s Approved Tree Planting List or to the satisfaction of the City Planning Director. Final Landscape Plans must include the Model Water Efficiency Landscape Ordinance statement to ensure compliance. The final landscape plans shall be included in the building plans prior to Zoning Clearance and shall identify the location, dimensions and design details for all applicable landscape architectural features such as walls, fencing, gates, screening, paving types, trellises, arbors, benches, outdoor furniture and other similar features. If the final Project plans do reflect a landscape strip in the Second Street right-of-way, this landscape strip area shall be in addition to the 8 foot wide sidewalk public improvement requirement as well as the on-site landscape requirement.

68. Landscape Surety. Prior to issuance of a building permit, a surety for installation of the landscaping and irrigation, and for maintenance for one year, shall be posted in a form acceptable to the City. The surety estimate shall be submitted as part of the building permit submittal.

69. Landscape Installation. Prior to obtaining Final Building Inspection Clearance, all landscaping and irrigation shall be completed and fully installed in accordance with the approved landscape plan. All trees shall be at a minimum size of 24 inch box. A letter from the landscape architect shall be submitted verifying compliance

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with the plans. The landscape and irrigation surety, less the one year maintenance portion, can be released at this time.

70. Landscape Maintenance. Following installation, all landscaping shall be continuously maintained thereafter for a period of not less than one year or until such time that all plant material has been completely established. The Planning Director shall inspect or cause to be inspected all landscaped areas after the one year maintenance period. If the landscaping is healthy and established, the one year maintenance portion of the surety may be released.

71. Landscape Maintenance Agreement. The Applicant shall acknowledge and sign the City's Landscape and Maintenance Agreement prior to issuance of the building permit. The Applicant, and all successors or assignees, are responsible for complying with all conditions of the Agreement. Any violations of the Landscape and Maintenance Agreement may result in Code Enforcement action.

72. Approval. Approval of 21-FDP-05 (the “Permit”) is granted to the Applicant for the Property as identified in the Project Description. Except or unless indicated otherwise herein, all buildings, driveways, parking areas, and other facilities or features shall be located and maintained substantially as shown on the exhibits accompanying the application for the Project.

73. Development Time Frame. Building construction must be started not later than seven years after approval of the Final Development Plan (as set forth in the development agreement indicated by Condition 90), or if a Building Permit is issued within the seven year period, substantial physical construction must be diligently pursued thereafter, or this approval will lapse pursuant to the development agreement indicated in Condition 90 and be revoked pursuant to the Buellton Municipal Code.

Substantial physical construction is defined as:
a. All zoning and related approvals are effective; and
b. All required building and grading permits have been issued; and c. The “foundation inspection” and “concrete slab or under floor inspection” as defined in the California Building Code or its successor have been made and received approval from the Building Department, i.e., all trenches must be excavated, forms erected, and all materials for the foundation delivered on the job and all in-slab or under floor building service equipment, conduit, piping accessories and other ancillary equipment items must be in place.

Nothing in this definition shall be construed to alter the applicable legal standards for determining when vested property rights have arisen.

74. Parking. A total of 98 parking spaces, including 6 handicapped accessible spaces, plus 1 loading space must be provided for the Project. All parking spaces shall be

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striped in accordance with City of Buellton standards prior to issuance of the occupancy permit. In the event there are future revisions to the project plans, including changes requested for life safety purposes, minimum parking ratios and total parking spaces required shall be maintained in accordance with BMC

19.04.140

75. Signage. A maximum aggregate sign area of 365 square feet is allowed for the Project. Any proposed sign lighting shall be dark-sky friendly. A separate sign permit will need to be submitted prior to Zoning Clearance and signage design shall be in substantial conformance with the Conceptual Signage Plan, date-stamped February 10. 2022. The sign permit application shall include a Master Sign Program reflecting design details and dimensions for all proposed signage (wall, awning, building identification, suspended/projecting, tenant/building directory, individual tenant, door, window, directory, etc.) and in sufficient detail to allow for calculation of compliance with the City’s Sign Ordinance (Municipal Code Section

19.04). Sign lighting details and specifications shall be included. All signage and sign lighting shall be consistent with the Art Deco design theme. A Minor Use Permit will be required if the overall proposed sign area exceeds 400 square feet.

76. Masonry Block. All masonry walls shall be split face block, as applicable.

77. Bike Racks. A bike room for residents shall provide parking spaces for 48 bicycles; bike racks for the public shall be as determined by the Planning Commission and as shown on project plans.

78. Lighting. All new exterior lighting fixtures shall comply with the Art Deco style and any applicable requirements of the Community Design Guidelines; and shall be fully shielded to protect dark skies and minimize glare. All lighting shall be LED or Inductive technology or other energy efficient type of lighting. Exterior building lighting and security lighting for the outdoor parking area needs to be further detailed as part of the building plans. Outdoor lighting shall be shielded in a manner that prevents a direct line between its luminary and any residentially zoned or residentially developed parcel. Within 50 feet of residential uses, lighting shall be installed no higher than 20 feet above the ground directly below the light fixture.

All exterior lighting shall be consistent with Art Deco design style and dark sky friendly. The detailed lighting plan shall comply with the above lighting standards and any other applicable requirements to the satisfaction of the Planning Director, and shall be incorporated into the building plans prior to Zoning Clearance.

79. Light Intensities. All exterior lighting to be hooded and dark-sky friendly; documentation to support dark-sky friendly fixtures shall be provided, as applicable. Prior to Zoning Clearance, a Photometric Lighting Plan shall be required to demonstrate compliance with performance standards applicable to outdoor lighting for mixed-use projects (BMC § 19.18.024). This shall apply to wall-mounted exterior lighting on ground, 1st, 2nd and 3rd floors, as well as perimeter lighting, path lighting, and security lighting in the exterior parking lot. All exterior lighting, including parking lot and security lighting, shall be hooded and no

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unobstructed beam of exterior light shall be directed toward any area zoned or developed residentially. Lighting shall be designed so as not to interfere with vehicular traffic on any portion of a street.

80. Green Building Standards. Green building features above the mandatory green building code requirements of the County of Santa Barbara shall be incorporated into the project where feasible.

81. Encroachments. Resolution of the existing water heater closet encroachment on the southerly property line shall be addressed prior to issuance of building permits.

82. Covenants, Conditions & Restrictions (CC&Rs). CC&Rs are required for all mixed-use projects and shall include provisions notifying future residential tenants and owners of the potential noise and nuisance impacts of living in a mixed-use project.

PRIOR TO ZONING CLEARANCE – PROJECT-SPECIFIC CONDITIONS

83. Termination of Existing Entitlements. Upon Planning Commission and City Council approval of the proposed Final Development Plan 21-FDP-05 and Development Agreement 21-DA-01, the existing entitlement approval for Final Development Plan 17-FDP-03 shall be terminated.

84. Affordable Housing Ordinance. Compliance with the Affordable Housing Ordinance (AHO) is required in accordance with Municipal Code Chapter 19.16 and as set forth in the Planning Commission Staff Report dated March 3, 2022, as applicable; or with negotiated terms in the Development Agreement (21-DA-01) and the Affordable Housing Agreement, to be approved by City Council.

Compliance as detailed in the AHO includes but is not limited to:
a. Inclusionary Zoning and Affordable Units. At least 15% of the 48 residential units, total of eight (8) units, shall be developed as Affordable Units (as defined in the AHO). b. Affordable Housing Agreement. As a condition precedent to obtaining any building permits, the Applicant shall prepare and submit an Affordable Housing Agreement for review and approval by City Council for the purpose of detailing and ensuring compliance with the AHO. The Affordable Housing Agreement shall be recorded against the property prior to issuance of said permits.

85. Commercial Loading Zone. Pursuant to the approved project plans, a commercial load zone shall be provided in the form of a 10’x30’ striped area that occupies 4 of the required standard commercial parking spaces at the rear of Building #1.

Loading and deliveries shall occur only between the hours of 6:00 to 9:00 am Monday through Friday; at all other times, the area will be available for public parking to serve the commercial uses. A legal mechanism and ongoing monitoring and enforcement program shall be implemented by the Applicant to ensure that the commercial loading zone requirements as set forth in this condition are observed.

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The mechanism for this program shall be established prior to Zoning Clearance, to the satisfaction of the Planning Director.

86. Carport Accessory Structures. The design style of the carport accessory structures shall complement the Art Deco architectural theme of the primary buildings. Construction and design plans for the carport structures shall be submitted to the Planning Department prior to Zoning Clearance and shall be to the satisfaction of the Planning Director. The future installation of solar panels would be addressed as part of the building permit process.

87. Parking Restriction for Single Car and Tandem Garages. A legal mechanism and ongoing monitoring and enforcement program shall be implemented by the Applicant to ensure that the residential single car and tandem garages are used for resident vehicle parking only and not for storage, business or other purposes that preclude the parking of residents’ vehicles. The mechanism for this program shall be established prior to Zoning Clearance, to the satisfaction of the Planning Director.

88. Amenity Bridge Open Space Requirements. A 9’2” wide pedestrian “amenity bridge” with some seating/benches connects Buildings #1 and #2 on the residential third floor. The bridge is not required for pedestrian circulation but is being included as an open space amenity so the residents can enjoy the views of the surrounding vistas. Insofar as the amenity bridge is being counted as open space, the installation of usable amenities such as seating and/or benches (or equivalent) is required and shall be shown on the building plans prior to Zoning Clearance, to the satisfaction of the Planning Director.

89. Development Opportunity Reserve (DOR) Terms.

INCENTIVES
Residential Density Allowance
A maximum density of up to 39 units per acre, which calculates to 48 units for the

1.22 acre property, shall be built, as set forth in the project plans date-stamped February 10, 2022.

Building Height
A typical top-of-parapet building height (per BMC 19.04.110 and 19.12.020) of 41 feet, in lieu of the 35-foot baseline height limit in the underlying CR zone, shall be allowed, as set forth in the project plans date-stamped February 10, 2022.

PUBLIC BENEFIT
In return for the incentives regarding Building Height and Residential Density, Applicant shall deposit funds as required by the Development Agreement (21-DA01).

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90. Development Agreement. Prior to issuance of a Zoning Clearance or grading permit, Applicant shall enter into a development agreement to implement the conditions of approval for 21-FDP-05 as set forth in City Council Resolution No. 22-07; the agreement shall be recorded against the property. As per Condition 73, the development agreement shall govern the duration of the approvals.

91. Roof Plan. A detailed roof plan shall be submitted and shall include the location of any proposed solar panels, HVAC, mechanical equipment, AC condensers, elevators and stair housings, and similar structures. Said structures shall be screened from public view and shall be considered architectural features for the purposes of building height exceptions per BMC 19.04.110 B. The screening shall be architecturally compatible with the primary building design. Roof access shall be provided from the interior of the building and not from exterior roof access ladders. All structures shall be consistent with applicable requirements set forth in the Avenue of Flags Specific Plan and Community Design Guidelines.

92. Utility Service Areas. The design and location of utility service areas shall be consistent with applicable requirements in the Avenue of Flags Specific Plan and Community Design Guidelines, which include compatibility with and integration into the primary building design and site layout.

93. Regulation of On-Street Parking, Avenue of Flags Frontage. Applicant shall provide signage to regulate on-street parking on Avenue of Flags adjacent to the project site as determined appropriate by the City Council and to the satisfaction of the Planning Director and the Public Works director.

E. FIRE DEPARTMENT CONDITIONS
The following Fire Department 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.

CONDITIONS FOR DEVELOPMENT PLAN

94. Relocate utility room for gas and electric to be accessible from the exterior.

95. To comply with aerial apparatus requirements, parking on Second Street in front of structures shall be removed.
• Depending on final road width, one or both sides of Second Street will be required to be designated as required fire lane(s).

96. General concern about visibility for pedestrian crossing at west driveway entrance.

97. DCDA and FDC to be relocated to corner of structures by existing hydrant to the west.

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98. The two-bedroom suite with patio, facing the interior walkway, shall be redesigned to comply with emergency escape and rescue requirements.

99. North section of wall built on property line shall be provided a four-hour rating or a rating equivalent to a party wall / fire wall per the CBC.

CONDITIONS PRIOR TO LAND USE (ZONING) CLEARANCE
100. The following plans shall be submitted to and approved by the Fire Department:
• Site Utility Plan
• Vegetation Plan
• Hydrant Plan
• A building code analysis shall be provided with submittal. • Access Plan
• Signage Plan to include an addressing plan approved by the City of Buellton.

GENERAL CONDITIONS
101. Defensible space of 100 feet (or to the property line, whichever is nearer) around the proposed structures and any existing structures on this property shall be provided.
• Removal does not apply to single specimens of trees, ornamental shrubbery or similar plants that are used as ground cover if they do not form a means of rapidly transmitting fire from the native growth to any structure 102. Fire department apparatus access shall be provided and maintained for the life of the project.
• Prior to vertical construction, access shall be installed per approved access plans.
• All driveways shall have a minimum width of 26 feet.
• Access shall comply with appendix D of the California Fire Code (CFC). o D102.1 Access shall support the imposed load of fire apparatus weighing up to 75,000 pounds.
o D105.1 Any structure that exceeds thirty (30) feet in height shall meet the California Fire Code Appendix D105 requirements. • Surface shall be paved.
• Access ways shall be unobstructed and extended to within 150 feet of all portions of the exterior walls of the first story of any building. • Fire department approved turnarounds shall be provided • A minimum of 13 feet, 6 inches of vertical clearance shall be provided and maintained for the life of the project for emergency apparatus access. 103. Exterior fire department walkway access shall be provided and maintained for the life of the project.
• Minimum five (5) foot path, clear of obstructions shall be provided around all structures.

Resolution No. 22-07 Page 32 March 24, 2022
• Emergency escape and rescue ground ladder access points shall be clear of obstructions.
104. 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.
105. Additional fire hydrant(s) shall be provided; final number to be determined per current California Fire Code (CFC).
• A minimum of one additional fire hydrant shall be installed on Avenue of Flags to comply with Development Standard spacing requirement. • Prior to vertical construction, fire hydrants shall be installed per approved plans.
• Fire hydrants shall be located per fire department specifications and shall flow a minimum of 1250 gallons per minute at a 20 psi residual pressure. • Commercial fire hydrant(s) shall consist of one 4-inch outlet and two 2-1/2- inch outlets.
• Access to and clearance around fire hydrant(s) shall be maintained at all times 106. An elevator able to accommodate a 24-inch by 84-inch ambulance stretcher in the horizontal, open position is required.
107. Automatic fire sprinkler systems designed to NFPA 13 shall be installed in both buildings.
• The fire department shall determine the location of any fire department connection (FDC) that may be required.
108. Full automatic fire or emergency alarm system shall be installed in both buildings. • Fire alarm system shall meet Santa Barbara County Fire Department requirements.
109. Standpipe system shall be installed in both buildings • The fire department shall determine the location of any fire department connection (FDC) that may be required.
110. Portable fire extinguishers are required and shall be in accordance with the current adopted Santa Barbara County Code Chapter 15.
111. Emergency guides shall be provided, maintained and in compliance with CFC 403.10.2.
112. All fire protection systems shall be maintained for the life of the project. 113. Address numbers shall be properly posted for all buildings and suites. • Minimum height of twelve (12) inches for buildings.
• Minimum height of four (4) inches for suites.
• Address number locations shall be approved by the fire department. • Address numbers shall be a color contrasting to the background color.

Resolution No. 22-07 Page 33 March 24, 2022
• The address numbers shall be elevated for clear visibility and easy directional identification.
• The numbers shall be visible from the access road when travelling in either direction.
• If the driveway is over 150 feet in length or the building is obstructed from view at the access road and/or driveway, numbers shall be posted at all road and driveway intersections as is necessary.
114. Access way entrance gates shall conform to fire department requirements. 115. A Knox Box entry systems shall be installed. Spare keys shall be provided for the Knox Box entry system.
116. When access ways are gated, a fire department approved Knox locking system shall be installed.
117. The applicant will be required to pay Fire Department Development Impact Mitigation Fees. In accordance with Chapter 15 of the Santa Barbara County Code, the fee shall be computed per square foot of occupied space in each new building.
• Payment shall be made according to the schedule of fees in place on the date fees are paid. As of the date of this letter, fees currently are as follows:

Residential-Other Residential Housing $0.75 per square foot Nonresidential-Retail/Commercial $0.77 per square foot
Final occupancy clearance inspection will not be scheduled unless fees have been paid.

ADVISORY FOR CONSTRUCTION
118. All standard fire department conditions and current codes shall apply at time of development.
119. Portable fire extinguishers are required on the project site at all times during construction.
120. Temporary address posting is required during construction. Inspections will not be completed without temporary address posted.
• Temporary addressing shall be plainly visible and legible from the street or road fronting the property. Address numbers shall clearly contrast with their background and shall be a minimum of 6 inches high with 1/2 inch stroke. 121. Construction access shall comply with California Fire Code (CFC) requirements during construction.
• Vehicles and materials shall not obstruct fire access.

If you have any questions or require further information, please call Steven Sauer, Inspector, at 805-681-5528 or 805-681-5523.

Resolution No. 22-07 Page 34 March 24, 2022
F. COUNTY OF SANTA BARBARA BUILDING DIVISION CONDITIONS The following information will be required at submittal of building permit application and plans.
122. A soils report to include an assessment and conclusion of the potential for liquefaction will be required. At a minimum, one boring to a depth of 50’ will be required.
123. Provide grading plans for reference in the construction drawings. 124. Provide Onsite Storm Water Retention Plans for reference in the construction drawings. The Architect, Structural Engineer and Soils Engineer must coordinate the location of any onsite retention basins in relation to the buildings or structural elements and provide structural design accordingly where applicable 125. Identify on the plans if the project is privately or publicly funded, specify compliance with CBC 11A or 11B as appropriate. Provide a separate “Site Accessibility Plan” detailing accessible routes of travel between buildings, accessible site facilities to the public way and/or street serving the site for each building. All accessible features (accessible parking, ramps, stairs, paths of travel, number of accessible or adaptable units) must be fully detailed and dimensioned. The accessible route of travel shall be the most practical direct route between accessible building entrances, accessible exits, accessible site facilities, and the accessible entrance to the sites.
126. Incorporate all discretionary conditions of approval and department condition letters into the plans.
127. Incorporate compliance with the applicable CA Green Code in the plans. 128. Specify the type of fire sprinkler system provided and provide a code analysis for allowable area, maximum height and number of stories. Provide a complete, independent fire resistive plan which graphically delineates all fire areas, fire walls, fire barriers, fire partitions, exterior rated walls due to fire separation distance to property lines, horizontal fire-resistive assemblies and fire resistive construction based on the Type of Construction. Provide thorough detailing for horizontal and vertical continuity of the fire rated assemblies on the plans and protection of penetrations at fire rated assemblies. Label all fire-resistive corridors, shafts, incidental use areas, etc. Cite code sections indicating reasons assemblies are rated.
129. Clearly show egress requirements for the building. A separate, detailed egress plan will be required for clarity of plan review and field inspection. Show occupant load, number of exits required and number of exits provided at each space, story and building totals. Provide a calculation for required exit width. Label all components of the exit access, exit, exit discharge and show compliance with applicable provisions addressing those components throughout the building. Specify and detail an accessible path of travel to and from all entrances and exits to the public right of way.
130. Provide a plumbing fixture analysis and access to plumbing fixtures from all parts of the building for common use spaces.

Resolution No. 22-07 Page 35 March 24, 2022
131. Incorporate any conditions of approval and mitigation measures required by the Flood Plain Administrator into the plans, identify all conditions and mitigation measures on the cover sheet.
132. Landscape plans which detail compliance with the current Model Water Efficiency Landscape Ordinance (MWELO) or City requirements (whichever are most stringent) will be required.
133. Compliance with Federal Access Laws or Standards (i.e.: Americans with Disabilities Act) is solely the responsibility of the property owner and Architect of Record.
134. Plans shall be in compliance with the California Building Codes in effect at the time of building permit application submittal.

If you have any questions or require further information, please call Beth Brooke, Plans Examiner, County of Santa Barbara, at 805-934-6238 (phone).

G. FINANCE DEPARTMENT CONDITIONS
135. 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.
136. Impact Fees. The project applicant shall pay the water, sewer, and traffic impact fees in accordance with City requirements.

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

July 1st, 2024
City Council
City of Buellton
107 West Highway 246
Buellton, CA 93427
Re: Story Pole Exemption Request
Dear Honorable City Council Members,
I am writing on behalf of MB Development Company, in reference to the projects located at 480 and 518 Avenue of Flags, to respectfully request an exemption from Buellton Municipal Code Section 19.08.120, which requires the installation of story poles and the provision of scale models or graphic presentations for projects exceeding 25 feet in height.

The 480 and 518 Avenue of Flags projects were previously approved with story poles erected as part of the initial development process. We are currently seeking modifications and updates to these entitlements, which include changes to the building heights. For the 480 Avenue of Flags project, the approved height was 38 feet, and we are now requesting an increase to 47 feet. This additional height is set back over 39 feet from the property line and is located on the fourth story, making it virtually unnoticeable from the sidewalk.

Similarly, for the 518 Avenue of Flags project, the approved height was 41 feet, and we are now requesting an increase to 47 feet. While this height increase is also primarily on the fourth story, it will result in a slightly higher massing on the frontage. However, much of this additional height is part of the interior design and set back from the street level. This increase is still inconsequential to the overall design and does not significantly impact the visual aesthetics of the project.

Given that the primary modifications involve height increases that are either set back or minimally impactful to the streetscape, we believe that the requirement for additional story poles, scale models, or graphic presentations will not provide substantial clarification for the review of these modifications. The existing approvals and the nature of the proposed changes render these requirements unnecessary for an informed decision-making process.

We appreciate the City Council's consideration of this request and are committed to working closely with the City to ensure the successful development of these projects. We believe that granting this exemption will streamline the review process without compromising the quality or transparency of the project evaluation.

Thank you for your attention to this matter. We look forward to your favorable response.

Sincerely,
Brandon Mann
MB Development Company
Manager

Exhibit A
Avenue of Flags Context

AVENUE OF FLAGS STREET CONTEXT
518 AVENUE OF FLAGS - STREET PERSPECTIVE518 AVENUE OF FLAGS - STREET PERSPECTIVE REVISED STREET SCENE APPROVED STREET SCENE 480 AVENUE OF FLAGS - STREET PERSPECTIVE 480 AVENUE OF FLAGS - STREET PERSPECTIVE
480 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
20 MAY 2024 A12

Exhibit B
480 Story Poles

0 4 8 16
1/8” = 1’-0” 24X36 SHEET
1st F.F.

2nd F.F.


Roof Deck


3rd F.F.


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PROPOSED
Minmum: 28’
Predominant Max: 43’11”
3rd Floor Height: 33’-6”
(Front/Side Property Lines)
Setback: 5” - 31’-9”
4th Floor Height: 47’-11”
(Front/Side Property Lines)
Setback: 5” - 31’-9”
Front (AOF): 5” - 39’-8”
(58% of frontage setback > 10’)
Side (2nd St.): 10’ - 43’ setbacks

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Side (So. P/L): 10’ setbacks

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Front (AOF): 10’5” - 39’-8”
(20% of frontage setback > 10’)
Side (2nd St): 10’- 40’ setbacks

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Side (So. P/L): 10’ setbacks

VHWEDFNDW•·

Art Deco Tower Elements: 47’-11” Art Deco Tower Elements: 47’-11” ------ ------
------

APPROVED
STREET FACADE # 30’

PROPOSED BUILDING ELEVATIONS
APPROVED WEST ELEVATION - AVENUE OF THE FLAGS1/8" = 1'-0" (24 X 36 SHEET) 1REVISED WEST ELEVATION - AVENUE OF THE FLAGS1/8" = 1'-0" (24 X 36 SHEET) 2 2ND STREET
2ND STREET
0'-0” FF (359.30’)

COMMERCIAL GROUND FLOOR
14'-0” FF

RESIDENTIAL

SECOND FLOOR
24’-5” FF

RESIDENTIAL

THIRD FLOOR
43’-11”

MAX PROPOSED PLATE HEIGHT
47’-0” T.O.P.

PROPOSED TYP. PARAPET HEIGHT
34’-10” FF

RESIDENTIAL

FOURTH FLOOR
2'-0” FF (360.30’)
GYM / LOBBY/ RES. GROUND FLOOR

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’

PROPERTY LINE

PROPERTY LINE
480 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
20 MAY 2024 A8

0 4 8 16
1/8” = 1’-0” 24X36 SHEET
1st F.F.

2nd F.F.


Roof Deck


3rd F.F.


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S I G N A G E
STREET FACADE # 30’

PROPOSED BUILDING ELEVATIONS
APPROVED NORTH ELEVATION - SECOND ST.1/8" = 1'-0" (24 X 36 SHEET) 1REVISED NORTH ELEVATION - SECOND STREET1/8" = 1'-0" (24 X 36 SHEET) 2 AOF

PARKING
PROPOSED TYP. PARAPET HEIGHT
47’-0” T.O.P.

MAX PROPOSED PLATE HEIGHT
43’-11”
RESIDENTIALFOURTH FLOOR34’-10” FF

RESIDENTIALTHIRD FLOOR
24’-5” FF

RESIDENTIALSECOND FLOOR
14'-0” FF
GYM / LOBBY/ RES. GROUND FLOOR
2'-0” FF (360.30’)

COMMERCIAL GROUND FLOOR
0'-0” FF (359.30’)

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’

PROPERTY LINE
480 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
20 MAY 2024 A9

0 6 12 24
3/32” = 1’-0” 24X36 SHEET

TYPICAL UNIT PLANS
1st F.F.

2nd F.F.


1st T.O.P.


Roof Deck


2nd T.O.P.


3rd F.F.


3rd T.O.P.


T.O.Parapet


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Building Beyond

CAFE BUSINESS CENTER GYM
1 BED 1 BED1 BED
1 BED1 BED
1 BED 1 BED
1 BED
2 BED2 BED
2 BED2 BED
1 BED1 BED CIRC.

CIRC.

CIRC. CIRC.

DRIVE AISLE
0'-0” FF (359.30’)

COMMERCIAL GROUND FLOOR
14'-0” FF

RESIDENTIAL

SECOND FLOOR
24’-5” FF

RESIDENTIAL

THIRD FLOOR
43’-11”

MAX PROPOSED PLATE HEIGHT
47’-0” T.O.P.

PROPOSED TYP. PARAPET HEIGHT
2'-0” FF (360.30’)
GYM / LOBBY/ RES. GROUND FLOOR
34’-10” FF

RESIDENTIAL

FOURTH FLOOR
LONGITUDINAL SECTION LOOKING NORTH - APPROVED 3/32" = 1'-0" (24 X 36 SHEET) 1LONGITUDINAL SECTION LOOKING NORTH - REVISED 3/32" = 1'-0" (24 X 36 SHEET) 2 480 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
20 MAY 2024 A10

0 6 12 24
3/32” = 1’-0” 24X36 SHEET

TYPICAL UNIT PLANS
1st F.F.

2nd F.F.


1st T.O.P.


Roof Deck


2nd T.O.P.


3rd F.F.


3rd T.O.P.


T.O.Parapet


      

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BIKE STORAGE
1 BED1 BED
1 BED 1 BED1 BED1 BED 1 BED1 BED
POOL

COURTYARD

BUSINESS CENTER
2 BED2 BED2 BED2 BED
CIRC. CIRC.

CIRC. CIRC.

CIRC.

CIRC./PATIO/ROOF DECK
CIRC.

CIRC./PATIO/ROOF DECK
0'-0” FF (359.30’)

COMMERCIAL GROUND FLOOR
14'-0” FF

RESIDENTIAL

SECOND FLOOR
24’-5” FF

RESIDENTIAL

THIRD FLOOR
43’-11”

MAX PROPOSED PLATE HEIGHT
47’-0” T.O.P.

PROPOSED TYP. PARAPET HEIGHT
2'-0” FF (360.30’)
GYM / LOBBY/ RES. GROUND FLOOR
34’-10” FF

RESIDENTIAL

FOURTH FLOOR
LONGITUDINAL SECTION LOOKING EAST - APPROVED 3/32" = 1'-0" (24 X 36 SHEET) 1LONGITUDINAL SECTION LOOKING EAST - REVISED 3/32" = 1'-0" (24 X 36 SHEET) 2 480 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
20 MAY 2024 A11

Exhibit C
518 Story Poles

0 4 8 16
1/8” = 1’-0” 24X36 SHEET

PROPOSED
Minmum: 30’
Predominant Max: 47’
3rd Floor Facade Height: 32’
(Front/Side Property Lines)
Setbacks Vary: 0’ - 34’-1”
4th Floor Facade Height: 47’
(Front/Side Property Lines)
Setbacks Vary: 2’-2” - 78’
Front (AOF): 0’ - 34’-1” setbacks
(25% of frontage setback > 10’)
Side (2nd St.): 0’ - 35’ setbacks
(56% of frontage setback > 10’)
Side (No. P/L): 12’ - 132’ setbacks
(100% setback at > 10’)
Front (AOF): 2’2” - 78” setbacks
(37% of frontage setback > 10’)
Side (2nd St.): 7’6” - 35’ setbacks
(77% of frontage setback > 10’)
Side (No. P/L): 12’ - 132’ setbacks
(100% setback at > 10’)
Art Deco Tower Elements: 45’ Art Deco Tower Elements: 45’ ------ ------
------------

APPROVED

PROPOSED BUILDING ELEVATIONS
APPROVED WEST ELEVATION - AVENUE OF THE FLAGS1/8" = 1'-0" (24 X 36 SHEET) 1REVISED WEST ELEVATION - AVENUE OF THE FLAGS1/8" = 1'-0" (24 X 36 SHEET) 2 46’-3”
TOP OF CROWN HEIGHT TYP.
2ND STREET2ND STREET
0'-0” FF (359.30’)
COMMERCIAL & RES.

GARAGES GROUND FLOOR
9’-4” FF

RESIDENTIAL

FIRST FLOOR
19'-8” FF

RESIDENTIAL

SECOND FLOOR
30’-0” FF

RESIDENTIAL

THIRD FLOOR
39’-0”

MAX PROPOSED PLATE HEIGHT
41’-0” T.O.P.

PROPOSED TYP. PARAPET HEIGHT

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’

AVERAGE NATURAL GRADE)
GRADE





 

 

 

 


STREET FACADE # 30’

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
0'-0” FF (359.30’)

COMMERCIAL CAFE GROUND FLOOR
12'-5” FF

RESIDENTIAL

SECOND FLOOR
22’-10” FF

RESIDENTIAL

THIRD FLOOR
42’-4”

MAX PROPOSED PLATE HEIGHT
47’-0” T.O.P.

PROPOSED TYP. PARAPET HEIGHT
33’-3” FF

RESIDENTIAL

FOURTH FLOOR
1'-0” FF (360.30’)
LIVE-WORK / LOBBY/ RES. GROUND FLOOR
518 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
16 MAY 2024 A8

0 4 8 16
1/8” = 1’-0” 24X36 SHEET

PROPOSED BUILDING ELEVATIONS
APPROVED SOUTH ELEVATION - 2ND STREET1/8" = 1'-0" (24 X 36 SHEET) 1PROPOSED SOUTH ELEVATION - 2ND STREET1/8" = 1'-0" (24 X 36 SHEET) 2

AVE OF FLAGS
0’-0” FF (359.30’)
COMMERCIAL & RES.

GARAGES GROUND FLOOR
9’-4” FF

RESIDENTIAL

FIRST FLOOR
19'-8” FF

RESIDENTIAL

SECOND FLOOR
30’-0” FF

RESIDENTIAL

THIRD FLOOR
39’-0”

MAX PROPOSED PLATE HEIGHT
50’-0”

MAX HEIGHT LIMIT
41’-0” T.O.P.

PROPOSED TYP. PARAPET HEIGHT

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’ 0'-0” FF (359.30’)

COMMERCIAL CAFE GROUND FLOOR
12'-5” FF

RESIDENTIAL

SECOND FLOOR
22’-10” FF

RESIDENTIAL

THIRD FLOOR
42’-4”

MAX PROPOSED PLATE HEIGHT
47’-0” T.O.P.

PROPOSED TYP. PARAPET HEIGHT
33’-3” FF

RESIDENTIAL

FOURTH FLOOR
1'-0” FF (360.30’)
LOBBY/ RES. GROUND FLOOR
STREET FACADE # 30’

PROPERTY LINE PROPERTY LINE
518 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
16 MAY 2024 A9

0 6 12 24
3/32” = 1’-0” 24X36 SHEET

SITE SECTIONS
CROSS SECTION WITH SITE NEIGHBOR CONTEXT - APPROVED3/32" = 1'-0" (24 X 36 SHEET) 1CROSS SECTION WITH SITE NEIGHBOR CONTEXT - REVISED3/32” = 1'-0" (24 X 36 SHEET) 2 2 BED 2 BED2 BED 2 BED 2 BED2 BED
RETAIL SPACE 3

DRIVE AISLE
2 BED 2 BED
TAND. GARAGE COURTYARD TAND. GARAGE LOBBY

ROOF DECK

ROOF DECK

DRIVE AISLEDRIVE AISLE

SOLAR CARPORTS

GARAGES

FIRST FLOOR RESIDENTIALFIRST FLOOR RESIDENTIAL

PARKINGPARKING

THIRD FLOOR RESIDENTIAL

SECOND FLOOR RESIDENTIAL

THIRD FLOOR RESIDENTIAL

SECOND FLOOR RESIDENTIAL

NEIGHBORING RESIDENTIAL

APARTMENT BUILDING

NEIGHBORING RESIDENTIAL

APARTMENT BUILDING
CAFE
1 BED1 BED 1 BED 1 BED
1 BED
1 BED1 BED
1 BED

BIKE STORAGE TANDEM GARAGE
1 BED 1 BED
1 BED1 BED
1 BED1 BED

COMMON ROOF DECK

COMMON ROOF DECK

PRIVATE

ROOF DECK

PRIVATE

ROOF DECK
518 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
16 MAY 2024 A11

0 4 8 16
1/8” = 1’-0” 24X36 SHEET

SITE SECTIONS
STUDIO STUDIO STUDIO STUDIO 2 BEDSTUDIO STUDIO STUDIO STUDIO 2 BED 1 BED RETAIL SPACE 1 RETAIL SPACE 2 RETAIL SPACE 3
0'-0” FF
COMMERCIAL & RES.

GARAGES GROUND FLOOR
9’-4” FF

RESIDENTIAL

FIRST FLOOR
19'-8” FF

RESIDENTIAL

SECOND FLOOR
30’-0” FF

RESIDENTIAL

THIRD FLOOR
39’-0”

MAX PROPOSED PLATE HEIGHT
47’-0”

MAX PROPOSED PARAPET HEIGHT

MAX HEIGHT LIMIT
409.56 (50’-0” ABV. AVERAGE NATURAL GRADE)

AVERAGE NATURAL GRADE
359.56’

AVERAGE NATURAL GRADE)
GRADE
0'-0” FF (359.30’)

COMMERCIAL CAFE GROUND FLOOR
12'-5” FF

RESIDENTIAL

SECOND FLOOR
22’-10” FF

RESIDENTIAL

THIRD FLOOR
42’-4”

MAX PROPOSED PLATE HEIGHT
47’-0” T.O.P.

PROPOSED TYP. PARAPET HEIGHT
33’-3” FF

RESIDENTIAL

FOURTH FLOOR
1'-0” FF (360.30’)
LIVE-WORK/ LOBBY/ RES. GROUND FLOOR
1 BED

STUDIOSTUDIOSTUDIO
2 BEDROOM 2 BEDROOM 2 BEDROOM2 BEDROOM 2 BEDROOM 2 BEDROOM2 BEDROOM 2 BEDROOM 2 BEDROOM LIVE WORK 1 LIVE WORK 2 LIVE WORK 3 LIVE WORK 4

COMMON ROOF DECK
1 BED
LONGITUDINAL SECTION LOOKING EAST - REVISED 3/32" = 1'-0" (24 X 36 SHEET) 2LONGITUDINAL SECTION LOOKING EAST - APPROVED 3/32" = 1'-0" (24 X 36 SHEET) 1 518 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
16 MAY 2024 A12
CAFE RES. LOBBY

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: Irma Tucker, Contract City Planner
Meeting Date: October 17, 2024
Subject: Resolution No. 24-05 - “A Resolution of the Planning Commission of the City of Buellton, California,
Recommending City Council Approval of a Development
Plan Modification (24-DPM-01) to Final Development Plan (21-FDP-05) for The 518 Mixed-Use Project, Located at
518 Avenue of Flags on Assessor’s Parcel Number 137-
170-006, and Making Findings in Support Thereof”

BACKGROUND/DISCUSSION
Owner: The 518 LLC
Agent/Applicant: MB Development Company, Brandon Mann, Manager General Plan Designation: Avenue of Flags Specific Plan Zoning: CR-SP (General Commercial-Specific Plan)
APN: 137-170-006
On behalf of property owner The 518 LLC, Brandon Mann of MB Development Company (Agent/Applicant) has submitted a Development Plan Modification (DPM) application (24- DPM-01) requesting modifications to the previously-approved The 518 Mixed-Use Project (referred to herein as “The 518” and “Project”). The Project is on a 1.22+/- acre parcel within the Avenue of Flags (AOF) Specific Plan, at the north-east corner of Avenue of Flags and Second Street. See attached vicinity map showing location of the project. (Attachment 1) The previous approvals and related land use entitlements were granted through the following discretionary actions:
 Planning Commission Resolution No. 22-02 (March 3, 2022) recommending approval of Final Development Plan (21-FDP-05);
 City Council Resolution No. 22-07 (March 24, 2022) approval of 21-FDP-05 with modifications for Building Façade Height Setback and Tandem Parking deviations; and participation in the AOF Specific Plan Development Opportunity Reserve (DOR) program, which provided development incentives for Building Height and Residential Density in return for monetary deposits into a Public Benefit Fund.  City Council Ordinance 22-05 approving Development Agreement 21-DA-01 (March 24, 2022 and April 14, 2022, 1st & 2nd readings) which implements the project approvals and memorializes terms of the DOR incentives and benefits.

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PC Resolution No. 24-05

APPROVED PROJECT SUMMARY
Approval of Final Development Plan (21-FDP-05) provided for the construction of:
 Two separate buildings, providing a total of 5,511 square feet of general commercial use and 48 multi-family residential units, with corner courtyard and parking. o Building #1 - 5,511 square feet of ground floor commercial space and 16 residential units; Town Plaza corner courtyard, outdoor roof deck, o Building #2 - 32 residential units above ground level parking garage; common courtyard/outdoor living area; 7 outdoor common roof decks and 2 indoor common spaces (gym, yoga/ lounge area, banquet room);
o Building Heights - three (3) stories at an average height of 41 feet with tower elements extending to approximately 46 feet.
 Other amenities: entrance lobby, mail room, laundry room, bicycle storage room, pedestrian amenity bridge connecting Buildings #1 and #2.  A total of 98 parking spaces; including 38 double-loaded tandem spaces and a combination of indoor parking garages, outdoor surface parking (mix of carport- and uncovered spaces;
Approval of 21-FDP-05 also included plan modifications to allow for Tandem Parking and Building Façade Height Setback deviations from the Buellton Municipal Code (BMC) and the Specific Plan, respectively.

1. Tandem Parking modification to allow for tandem parking garages, each with 2 vehicle spaces that are located one in front of the other, to be provided for the residents of the proposed 19 two-bedroom units, whereby 38 parking spaces would be in the double-loaded tandem configuration.

2. Building Façade Height Setback modification to allow for an average of 33% of the building façade heights at portions of the property lines to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30-foot height level as set forth in the Avenue of Flags Specific Plan.

Approval of Development Agreement (21-DA-01) memorialized terms of the Development Opportunity Reserve (DOR) program of incentive/benefits created by the AOF Specific Plan., whereby the Applicant was granted development incentives for increased Residential Density and Building Height in return for community benefits consisting of a fixed-sum payment into a Public Benefit Fund to be administered by the City.

PROPOSED MODIFIED PROJECT
Project Description
Development of a mixed-use project, as herein modified (the “Modified Project”) consisting of one mixed-use commercial and residential building, 47 feet in height to typical top-of-parapet, with 48 dwelling units (including 4 Live-work units) and 4,265 square feet of commercial and “work” space, town plaza corner courtyard, common area amenities (interior courtyard, roof decks, lounges, residential and bike storage), and 82 parking spaces on 1.22 acres of vacant land located at 518 Avenue of Flags, on the north-east corner of its intersection with Second Street,

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PC Resolution No. 24-05
Assessor’s Parcel Number 137-170-006. Enhanced common area amenities (gym, business center, courtyard pool/ lounge area, additional roof decks) would be physically available at, and shared with, The 518’s companion project “Creekside Village”, located across Second Street at 480 Avenue of Flags.

Summary of Development Plan Modifications
The applicant is proposing the modifications to achieve economic viability, constructability and enhance design efficiencies while preserving the architectural character of the Project. The Applicant’s DPM request and project description narrative is included as Attachment 2. Please note that the project description addresses both the Creekside Village (located at 480 Avenue of Flags) and The 518 mixed-use projects, both of which are proposed to be constructed as one large development in phases.

The complete set of proposed modified Project plans (dated May 16, 2024, with subsequent revision of sheets A4, A5, A7, A20, A26 dated July 9, 2024, and revision of sheet A9 submitted September 6, 2024) is provided as Attachment 3. Printed plans in 11 x 17 format have been provided to the Planning Commission; digital files of the full size plans can be accessed via the following link:
24-DPM-01 The 518 - Modified Project Plans
Development Agreement changes. The proposed modifications trigger the following substantive changes to the approved development entitlements, including terms of the DOR incentives / community benefits, as memorialized in the Development Agreement (DA):
 Additional 6 foot Height Increase (including addition of fourth story). An original Height increase was via a DOR incentive and related terms in the DA. The additional Height increase of 6 feet would be a further reviewed by the City Council and may result in revisions to the DOR terms and modifications to the Development Agreement.
 Change of Use (introduction of live/work). Live/work was not considered in the original entitlements or DA for the Project. The use is allowed by the Specific Plan, and is being considered as part of the modification request (24-DPM-01).

City Council would consider action to amend the Development Agreement at a future date, including any potential changes to the project description and terms of the DOR program.

Other development standards would remain generally consistent with the AOF Specific Plan and/or in substantial conformance with the prior Project approvals. Overall building size and intensity would be reduced without increasing density or unit counts.

Final Development Plan changes. The following is a summary of the modification request (24- DPM-01) and internal changes within the Project; details of the proposed changes and consistency with the Specific Plan and Zoning standards are further described below.  Unify the two buildings and reconfigure the site plan layout while maintaining substantial conformance to approved architectural design and facades along AOF and 2ndstreet.  Reduce the general commercial use from 5,511 to 1,475 square feet; add 2,790 square feet of new live/work commercial use; for a total commercial area of 4,265 square feet.  Maintain the same residential density with a total of 48 dwelling units; introduce new live/work use in residential component.

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PC Resolution No. 24-05
 Reconfigure the parking and circulation layout; reduce parking from 96 spaces to 82 spaces, consistent with code standards; and reduce the number of tandem parking from 38 to 12 double-loaded spaces; reduce driveway approaches on 2nd Street from two to one  Provide reconfigured common area amenities (interior courtyard, roof decks, lounges, residential and bike storage), more private open space for residents, additional landscaping and larger roof decks, while eliminating the previously approved 2 indoor common spaces for amenities (gym, yoga, lounge area, banquet room).  Make provision for enhanced common area amenities (gym, business center, courtyard pool/ lounge area, , additional roof decks) which would be physically available at, and shared with, The 518’s companion project “Creekside Village”, located across Second Street at 480 Avenue of Flags.

Analysis – Development Plan Modifications and
Consistency With Specific Plan & BMC Zoning Standards
The following tables and narrative regarding applicable development features compare the original approvals with the proposed project modifications, and address consistency with applicable AOF Specific Plan and zoning standards.

Land Uses & Site Development
Table 1.

Development
Feature City Requirement Approved Project
CC Reso. 22-07
Proposed Modific’n
PC Reso. 24-05
Proposed Modification
Consistency
Proposed Use(s) General Commercial &
Mixed-Use
Mixed-Use Mixed-Use Consistent
General Comm’l Allowed Per CR Zone;
no max floor area
General Comm’l =
5,511 sf
Comm’l-Café = 1,475 sf
Live/Work Comml= 2,790 sf
Total Comm’l= 4,265
Consistent
Resid’ Density
(dwelling units
(du) per acre,
mixed-use devt)
Baseline: 15 du/ acre
= 18 du/ site
39 du/ acre
= 48 du site
(Approved DOR
Incentive for Density)
39 du/ acre
= 48 du site
(includes 4 Live/Work
units allowed in AOF-SP)
No Change;
Density Allowed by
Approved
DOR Incentive
Siting of Land
Uses
Ground Floor on AOF
Frontage:
• Non-Resid’l first 150’
depth on AOF (*)
• No parking garages or
similar (*)
Retail Commercial (Café) &
Live-Work
Potentially Consistent
(*) With Conditions for LiveWork Uses
Upper Floors:
• Non-Residential or
Residential
Residential Residential Consistent
Minimum Lot
Area
No minimum 1.22 acres 1.22 acres Consistent
Site Coverage No maximum 39% 31% Consistent

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PC Resolution No. 24-05
Landscaping /
Hardscaping
15% ; incl’g hardscape
and setback areas
fronting on streets
15%
(7,961 sf)

17.2%
(9,119 sf)
Consistent
Open Space 250 sf per dwelling unit
= 12,000 for project
12,868 sf
(private patios=2,066 sf)
12,867 sf
(private patios=5,022 sf)
Consistent
Proposed Changes: Building Design, Massing & Site Configuration  Reconfigures the building massing and site plan layout while maintaining substantial conformance to the originally approved Art Deco architectural design, building facades and overall visual aesthetic along Avenue of Flags and 2nd Street.  Consolidates the originally-approved two separate buildings into one building structure, thereby:
o changing the building footprint,
o reducing the overall floor area,
o reconfiguring the internal distribution of uses and amenities  The potential impacts of exterior lighting emanating from the increased height and revised site layout need to be evaluated. An updated photometric lighting analysis for the modified Project is required, and shall show brightness levels throughout the site and at the property line so that impact upon on-site and neighboring uses (especially residential) can be determined. Submittal of photometric plan is a condition of approval in PC Resolution No. 24-05, and the Project shall comply with BMC 19.18.024 pertaining to outdoor lighting standards.

Proposed Change: Land Use
 Reduces the General Commercial use from 5,511 to 1,475 square feet; add 2,790 square feet of new Live/work Commercial use; for a total commercial area of 4,265 square feet. (Note: the reduction in general commercial square footage results in a commensurate reduction in parking requirement, as set forth in Table 2 below).  Maintains the same Residential Density with total number of dwelling units at 48 dwellings; however four (4) of these would be newly introduced Live/work units on ground floor of AOF frontage.
o Approved Residential Density – per DOR Incentive. The 518 Project was approved for a Residential Density incentive of 39 dwelling units per acre, which resulted in 48 dwelling units for the 1.22 acre site.
o Proposed Modification. No change to residential density is proposed, therefore the approved DOR terms would potentially remain the same.  Live/work was not considered in the original entitlements or DA for the Project. The use is allowed by the Specific Plan, and is being considered as part of the modification request (24-DPM-01).
o The new Live/Work use would be located on the ground floor along the Avenue of Flags frontage. The units would include combined space for both commercial uses and residential quarters.

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PC Resolution No. 24-05
o In order to implement the vision and development standards of the Specific Plan, Planning Commission Resolution No. 24-05 includes the following conditions of approval applicable to the Live/work units:
 Given that strictly residential uses are not allowed on the ground floor of building frontages along Avenue of Flags, the “ live” portions of the units shall not be located on the street facing side of the units. No future conversion to all residential use would be permitted in the Live/work spaces.
 Welcoming frontages and pedestrian-oriented commercial uses such as shops, restaurants and services shall be maintained along the Avenue of Flags, The Live/work units shall appear, and function, the same as traditional commercial frontages. Prospective tenants shall consist of the following, or similar, types of uses as deemed appropriate by the Planning Director: Coffee Shops, Juice Bars, Sandwich Shops, Wine/beer Tasting, Yoga Studios, Hair Salons/Barber Shops, Boutique Retail Shops, Specialty Markets/Merchandise, Real Estate offices, Handicraft & Art Studios, Financial Services, Personal Services, Business Support Services, Medical Services.
 The Live-work units shall be designed and operated as primarily commercial uses, each with an accessory residential area; this shall be reflected in the Modified Project plans. Typical layouts for the residential portion of the live-work units shall be shown. The Live-work units shall not be allowed to convert to all residential use at any time in the future, and the “live” component of each unit shall not be allowed to occupy any greater residential space within each unit than what is shown on the Modified Project plans.
 Phasing of the Live-work uses may be permitted as follows:
o Tenant leases shall require that each unit be occupied simultaneously by both a residential tenant and allowable commercial use. The lease shall specify the commercial business to be operated.
o Residential tenants of the Live-work units shall be
owners/operators of the commercial business located within the respective unit.
o A maximum of 3 full-time equivalent employees may be permitted for each unit.
o During the first 6 months of each Tenant lease term, the residents may be allowed to move into a Live-work unit while starting up the commercial business, provided that an application for Zoning Clearance – New Business has been submitted to the City.

However, at the end of the first 6 months, the business shall be operational and shall have received approval of the Zoning Clearance-Business. Otherwise, the lease shall terminate and all tenants, occupants and employees shall be required to vacate the unit.
o If the commercial business ceases to operate for a continuous period of 6 or more months, the lease shall terminate and all

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PC Resolution No. 24-05
tenants, occupants and employees shall be required to vacate the unit.
 The Live-work units approved as part of this project are not considered to be housing units for the purpose of providing housing under the City of Buellton 2023-2031 Housing Element to the General Plan.

Proposed Change: Landscaping, Open Space and Amenities
 Provides additional landscaping, more private patio open space for residents and larger common-area roof decks, while eliminating two (2) indoor common spaces originally approved for amenities (gym, yoga, lounge area, banquet room).  Consolidates common-areas and make provision for enhanced amenities (gym, business center, courtyard pool and lounge area, additional roof decks). The enhanced amenities would be physically available at, and shared with, The 518’s companion project “Creekside Village”.

Parking, Circulation & Access
Table 2.

Use Parking Space
Ratio
Approved Project
CC Reso. 22-07
Proposed Modification
PC Reso. 24-01
Area (or
Factor)
Spaces
Req’d
Provided Area (or
Factor)
Spaces
Req’d
Provided
Commercial 1 per 300 sf 5,511 sf 19 21 1,475 5
Residential
– Multi-Family
- Live/Work
1 per unit
1 per unit
2 per unit
2 per unit
1 per each 5 unit
48 units:
8– Studio
21 - 1-bedroom
19 - 2-bedroom
n/a
Visitor Parking
77 8
21 38
n/a
10 77 48 units:
6 - studio
23 – 1-bedrm
15 – 2-bedrm
4 – live/work
Visitor
77 6
23 30
8 10
TOTALS 96 98
Consistent
w/ Stds
82 82
Tandem garage 38 spaces 12 spaces
Handicapped
(counts toward
total spaces
provided)
3 spaces for site
with 81 – 120
spaces
Per total
number of
spaces on site
3 6 3 4
Loading Space 1 space Comm’l Uses w/
floor area of
3,000+ s.f.
1 space
(10 ft. x
30 ft).
1 1 space
(10 ft. x 30
ft).
1 Parking
Approved Project:
 A total of 98 parking spaces via a combination of indoor parking garages and outdoor surface parking (mix of carport- and uncovered spaces,
o The parking includes 38 double-loaded tandem spaces, which are a deviation from the zoning code;
o Approval for tandem parking was recommended for approval by Planning Commission Resolution No. 22-02 and approved by City Council Resolution No. 22-07, including related plan modification to 21-FDP-05.

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PC Resolution No. 24-05
Proposed Change:
 Reduces parking from 98 spaces to 82 spaces, consistent with code standards; this would also reduce the number of tandem spaces from 38 to 12 spaces, thereby eliminating 16 of the 38 approved tandem spaces.
o The lower number of required parking spaces results from a reduction in general commercial square footage, a portion of which is replaced with the “work” component of Live/Work, which has a lower parking ratio requirement per code. o The reduced number of tandem spaces represents a less intense deviation from code. The previously approved Tandem Parking modification would be revised in Planning Commission Resolution No. 24-05 to reflect the lower number of tandem spaces.
 New free standing parking garages have been introduced along a portion of the eastern property line (rear yard) adjacent to the neighboring residential use, Avenue Height Apartments. BMC Section 19.12.020-Definitions, considers garages to be accessory buildings which, per BMC 19.06.010 , may be located in the required rear year setback area (25 feet setback required adjacent to residential uses) provided that it is located no closer than five feet to the principal structure and that it does not exceed 12 feet in height. o The garages are setback 5 feet from the Property line and appear to be consistent the height standard (compliance with BMC 19.06.010 is a condition of approval in PC Resolution No. 24-05).
o Landscape screening is proposed in the setback area and shall comply with BMC

19.04.144 E.3 (this is a condition of approval in PC Resolution No. 24-05); the screening would serve to buffer the garage structures from the adjacent residences.

Circulation and Access
Approved Project: site plan shows internal vehicular circulation via 2-way drive aisles and offsite access via two driveway approaches along Second Street. On-site parking is accessed from the drive aisles
Proposed Changes: the building consolidation and related reconfiguration of the parking layout and internal circulation result with a reduction in the number of driveway approaches to one single driveway on Second Street; the originally-approved driveway closest to the Avenue of Flags corner would be eliminated. The circulation and access modifications strive to achieve a more efficient use of space and, by eliminating one driveway opening, allows for more onstreet parking adjacent to the building on Second Street.

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PC Resolution No. 24-05

BUILDINGS, HEIGHTS, SETBACKS
Development
Feature
City Requirement Approved Project
CC Reso. 22-07
Proposed Modific’n
PC Reso. 24-05
Proposed Mod.

Consistency
Building Types
Allowed
Mercantile, Mixed-use
Courtyard Corner
(Town Plaza Corner)
Mixed-Use
Town Plaza Corner
Mixed-Use
Town Plaza Corner
Consistent
Setbacks (s/b) &
Bldg. Placement
on Lots
Zero lot lines
encouraged,
Max Front s/b: 20’
Buildings placed alongside
& front property lines
Side Setbacks: 0’ – 3’
Front Setback: 0’ – 3’
Buildings placed alongside
& front property lines
Side Setbacks: 5’ –12’
Front Setback: 2’ – 8’
Consistent
Consistent
Setbacks for
Town Plaza
Corner Courtyd
AOF & 2nd St. corner,
courtyard:

Min 15’, Max 55’
Corner Courtyard:

AOF Setback: 20’
2 nd St. Setback: 28’
Corner Courtyard:

AOF Setback: 34’
2 nd
St. Setback: 28’
Consistent
Building Heights Minimum: 16’
-----
Maximum: 35’
(w/out incentives)
Minimum: 30
-----
Predominant Max: 41’
(6’ over Code)
(Approved DOR Incentive)
Minimum: 30
-----
Predominant Max: 47’
(6’ over App’d; 12’over
Code)
Consistent
-----
Inconsistent;
Potentially Allowed w/
Appr’d DOR Incentive
Building Façade
Height Setback
Max. Façade Height
at Property Line: 30’
Add’l Height to be
Setback 10’
------------
Architectural
Features: Max. 50’
(BMC § 19.04.110
(B))
3 rd floor Façade Height:
41’
** Setbacks (s/b) Vary:
0’ – 49’
Front (AOF): 0’–23’ s/b
(32% of frontage s/b >10’)
Side (2nd St.): 0’–35’ s/b
(64% of frontage s/b >10’)
Side (N P/L): 0’– 49’s/b
(71% s/b at >10’)
Rear (E P/L): 50’ s/b
(100% s/b >10’)
(33% average portion of 3
rd
Floor facades above 30’ @
P/L do not meet 10’ height
setback req;t)
** Inconsistent Façade
Setbacks – Approved
with Development Plan
Modification
-----------
Art Deco Towers
(Arch Features): 46’3”
(typical)
3 rd floor Façade Height:
32’
S/b Vary: 2’ – 78’
Front (AOF): 0’–34’ s/b
(25% of frontage s/b >10’)
Side (2nd St.): 0’– 35’ s/b
(56% of frontage s/b >10’)
Side (No P/L): 12’-132’ s/b
(100% setback at >10’)
Rear (E P/L): 45’+ s/b
(100% s/b >10’)
-----
NEW
4 th floor Façade Height:
47’
(Front/Side Prop. Lines)
S/b Vary: 2’ – 78’
Front (AOF): 2’–78’ s/b
(37% of frontage s/b >10’)
Side (2nd St.): 7’– 35’ s/b
(77% of frontage s/b >10’)
Side (No. P/L): 12’–132’
(100% setback at >10’)
Rear (E P/L): 80’+ s/b
(100% s/b >10’)
---------
Art Deco Towers (Arch
Features):
49’ (typical)
Inconsistent
Potentially Allowable
with Development
Plan Modification
3 rd Floor - 30% average
portion of 3rd Floor
facades above 30’ @
P/L do not meet 10’
height setback req;t
4 thFloor - 22% average
portion of 4th Floor
facades above 30’ @
P/L do not meet 10’
height setback req;t
----------
Consistent

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PC Resolution No. 24-05
Building Height Increase
Approved Project:
 The City’s zoning code allows for a baseline 35-foot height limit and up to a maximum of 50 feet as an incentive for the D.O.R. program. The 518 Project was approved for a Building Height incentive to allow for an increased height of 41-feet, which is 6 feet over the 35-foot baseline limit and 9 feet under the maximum 50 feet allowable per the DOR program.

Proposed Change:
 A height increase of an additional 6 feet is requested, bringing the total height to 47 feet, which is 12 feet over the 35-foot baseline limit and 3 feet under the 50-foot maximum potentially allowable. The modification would include addition of a fourth floor.

 Staff is in support of the Applicant’s request to consider the additional height increase of 6 feet as part of the potential modifications request by 24-DPM-01. However, final approval of the height increase would be by City Council action, which would include determination of consistency with the overall intent of the approved height increase incentive and may include potential changes to the Approved Project’s DOR program, with related terms and modifications to the Development Agreement to be acted upon by Council.

Building Façade Height Setback
Approved Project:
 A Building Façade Height Setback modification was granted by CC Resolution No. 22- 07 to allow for an average 33% portion of the building façade heights at portions of the property lines to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30-foot height level as set forth in the Avenue of Flags Specific Plan. This façade setback affects the 3rd floor of the approved Project.

Proposed Change:
 The modification requested by 24-DPM-01 would affect façade setbacks above the 30- foot building height level as follow:
o An average 30% portion of the 3rd floor facades would be setback less than the required 10 feet; this represents a lesser deviation and, in turn, more façade setbacks than the originally approved plans (wherein an average portion of 33% did not meet the standard)
o On the new 4th floor façade, only an average portion of 22% would not meet the 10’ setback requirement.
o Overall, the proposed changes generally meet the intent of the Specific Plan façade standards and provide appropriate façade modules, articulation and setback variations to result with a visually appealing development.  The previously approved Building Façade Height Setback modification would be revised in Planning Commission Resolution No. 24-05 to reflect the proposed changes.

PUBLIC WORKS ITEMS

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Civil Engineering – Grading & Stormwater Control
The applicant’s Civil Engineer has reviewed the proposed conceptual plan changes has provided a letter dated February 6, 2024 (Attachment 4), which states their opinion that the approved grading and drainage design would be consistent with the proposed updates set forth in the modified plans.

Floodplain Ordinance (Building Flood-proofing Conditions) The site is within the 100-Year Flood Zone; grading and/or flood-proofing are required to bring the building pad and proposed structures into compliance with the City’s Floodplain ordinance.

The Applicant is required to flood-proof the building in compliance with the Floodplain Ordinance, applicable FEMA maps (including potential updates that are in place at time of permit approvals), and any related Building & Safety or Fire Department requirements; this is included as a condition of approval for the project.

BUILDING DIVISION COMMENTS
The Santa Barbara County Building & Safety Division submitted the following updated comments via correspondence dated March 27, 2024:
 Provide a preliminary egress plan that identifies proposed egress components throughout the building and how levels of protection will be maintained to ROW (i.e.: at stairwells at interior locations[assume to be interior exit stairs (EXIT)] and fire rated corridors.  Once a level of protection is provided that level of protection is required to be maintained and cannot be reduced along the path of egress until arrival at exit discharge at grade and to the ROW. Exit discharge shall not re-enter a building.

The Applicant has stated that circulation elements, ingress and egress plans have since been added to the Project plans (these are subject to further review by the Building Division).

Compliance with Building Division requirements is a condition of approval for the Approved Project and carries through to the Modified Project.

FIRE DEPARTMENT COMMENTS
The Santa Barbara County Fire Department did not submit comments on the plan modifications.

The Project is required to comply with any future comments and/or potential changes required by the Fire Department. Compliance with Fire Department requirements is a condition of approval for the Approved Project and carries through to the Modified Project.

ENVIRONMENTAL REVIEW
In accordance with the requirements of the California Environmental Quality Act, California Public Resources Code section 21000 et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15000 et seq., and the Environmental Impact Report Guidelines of the City of Buellton (collectively, “CEQA”), the Approved Project uses (21-FDP-05) were determined by City Council Resolution No. 22-07 to be consistent with and therefore were adequately addressed in the prior Mitigated Negative Declaration prepared for the Avenue of Flags Specific Plan pursuant to the California Environmental

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PC Resolution No. 24-05
Quality Act. The Modified Project (24-DPM-05) would be in substantial conformance with the Approved Project and would remain generally consistent (as conditioned herein) with the Specific Plan. Overall building size and intensity would be reduced without increasing residential density or unit counts; commercial square footage would be reduced. The proposed building height increase could potentially be accommodated by the DOR incentive program established by the Specific plan, and the new live-work use is an allowed land use the Specific Plan. Architectural design style, visual aesthetics and traffic impacts would remain consistent with the Approved Project. Therefore, the Modified Project would not result in potential environmental impacts that were not addressed by the prior MND, and no changes are needed to the mitigation measures that are included in the conditions of approval for 21-FDP-05, as set forth in City Council Resolution No. 22-07 (Attachment 5).

IMPACT UPON DEVELOPMENT AGREEMENT & DOR PROGRAM
The proposed modifications trigger the following substantive changes to the approved development entitlements, including terms of the DOR incentives / community benefits, as memorialized in the Development Agreement:
 A 6 foot height increase (including addition of fourth story)  Change of use (introduction of live/work)
Potential Amendments to Development Agreement. The Ad Hoc Committee will be convened to consider the DOR Program and financial terms of the Development Agreement and would determine whether any changes would be applicable. The City Council would consider action to amend the Development Agreement at a future date, including any potential changes to terms of the DOR program.
 In its recommendation to City Council regarding Project modification approvals, the Planning Commission may include comments regarding the conceptual impact of:
o the requested building height increase upon the Approved Project’s DOR Program incentives/ community benefits and associated Development Agreement terms
o the new live-work use upon the approved final development plan..

STORY POLE WAIVER
Buellton Municipal Code (BMC) Section 19.08.120 I.2, requires the installation of story poles for projects exceeding 25 feet in height; said poles shall be erected at least 30 days prior to the first public hearing on a project and shall remain in place until a final decision is made on the project. Story poles were erected for the Approved Project during the original FDP entitlement review and approval process for 21-FDP-05. .

BMC Section 19.08.120 I.2 also allows the City Council to waive the requirement for story poles upon a written request from the Applicant demonstrating that these items would not provide clarification for review of the project(s) which, in the current subject case (24-DPM-01), consists of a modification request to the Approved Project.

Included as Attachment 6 is the Applicant’s “Story Pole Exemption Request” which includes the request to waive the story pole requirement, a narrative justification for the request and

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PC Resolution No. 24-05
supporting exhibits pertaining to both The 518 and Creekside Village development projects. On July 25, 2024, City Council approved the Story Pole Waiver Request.

RESOLUTION NO. 24-05 and CONDITIONS OF APPROVAL
As described in the above narrative, summarized below are the modifications that would result by approval of Planning Commission Resolution No 24-05 pertaining to 24-DPM-01:
 Modified Project plans: dated May 16, 2024, with subsequent revision of sheets A4, A5, A7, A20, A26 dated July 9, 024, and revision of sheet A9 submitted September 6, 2024  Revised building configuration (unifying the 2 building into 1), parking layout and internal circulation, as set forth in Project plans.
 Height increase of an additional 6 feet, including addition of 4th Floor  Introduction of new live-work use on ground floor of Avenue of Flags frontage  Reduce the general commercial use from 5,511 to 1,475 square feet; add 2,790 square feet of new live/work commercial use; for a total commercial area of 4,265 square feet.  Maintain the same residential density with a total of 48 dwelling units; introduce 4 new live/work units in residential component.
 Reconfigure the parking and circulation layout; reduce parking from 96 spaces to 82 spaces, consistent with code standards; and reduce the number of tandem parking from 38 to 12 double-loaded spaces; reduce driveway approaches on 2nd Street from two to one  Provide additional landscaping and larger roof decks, while eliminating 2 indoor common spaces for on-site amenities (gym, yoga, lounge area, banquet room).  Make provision for enhanced amenities (gym, business center, courtyard pool/lounge area, additional roof decks) which would be physically available at, and shared with, The 518’s companion project “Creekside Village”.

As a result, the Project is subject to several new and modified conditions of approval. These have been included in Planning Commission Resolution No. 24-05. All other conditions of approval included in the original project approval per City Council Resolution No. 22-07 remain unchanged, and applicable to the project, as modified.

The complete list of the originally approved final conditions is included within City Council Resolution No. 22-07 (Attachment 5). The modified and added conditions of approval are included in Planning Commission Resolution No. 24-05.

In considering their action to adopt PC Resolution No. 24-05 recommending that City Council approve 24-DPM-01, Commissioners shall focus on development plan modification elements including: consistency with Avenue of Flags Specific Plan vision and standards; overall design aesthetics, including façade setbacks; site plan, circulation and building reconfiguration, including height increase aesthetics, introduction of new uses (Live-work), and revised approach to providing common area amenities whereby enhance amenities would be shared with The 518’s companion project Creekside Village. Planning Commission comments regarding the requested modification will be provided to the City Council.

The 518 Mixed-Use Project Page 14 October 17, 2024
PC Resolution No. 24-05
While DOR terms for the additional Height Increase request are under the purview of the City Council, and thus not being considered in PC Resolution No. 24-05, the Commission may wish to include within its recommendation to the City Council a component which addresses whether potential changes are warranted to the DOR terms pertaining to the height increase request; the comments would be provided to the Ad Hoc Committee as well While such comments and recommendations would only be advisory in nature, it may provide the Ad Hoc Committee and City Council with useful information as they consider the requested modifications to the Development Agreement.

RECOMMENDATION
That the Planning Commission considers the adoption of Resolutions No. 24-05, as follows:

Resolution No. 24-05 - “A Resolution of the Planning Commission of the City of Buellton, California, Recommending City Council Approval of a Development Plan Modification (24-DPM-01) to Final Development Plan (21-FDP-05) for The 518 MixedUse Project, Located at 518 Avenue of Flags on Assessor’s Parcel Number 137-170-006, and Making Findings in Support Thereof”

ATTACHMENTS
Planning Commission Resolution No. 24-05
Attachment 1: Vicinity Map
Attachment 2: Applicant’s DPM Request and Project Description (updated May 18, 2024)
Attachment 3: 24-DPM-01 Modified Project Plans (dated May 16, 2024, with subsequent revision of sheets A4, A5, A7, A20 and A26 dated July 9, 2024, and revision of sheet A9 submitted September 6, 2024) Attachment 4: Grading and Drainage Consistency Opinion Letter (February 6, 2024) Attachment 5: CC Resolution No. 22-07 (with Conditions of Approval) Attachment 6: Story Pole Waiver Request

PLANNING COMMISSION RESOLUTION NO. 24-05
“A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BUELLTON, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF A DEVELOPMENT PLAN MODIFICATION (24-DPM-01) TO FINAL
DEVELOPMENT PLAN (21-FDP-05) FOR THE 518 MIXED-USE PROJECT, LOCATED AT 518 AVENUE OF FLAGS ON ASSESSOR’S PARCEL NUMBER 137-170-006, AND MAKING FINDINGS IN SUPPORT THEREOF”
BE IT RESOLVED by the Planning Commission of the City of Buellton as follows:

SECTION 1: Pursuant to the Zoning Ordinance of the City of Buellton, a Development Plan Modification (DPM) application (24-DPM-01) has been filed on behalf of The 518 Avenue of Flags LLC, property owner, by Brandon Mann of MB Development Company (Agent/Applicant), requesting modifications to the previously-approved Final Development Plan (21-FDP-05) for development of “The 518” mixed-use project, as herein modified, consisting of one mixed-use commercial and residential building, 47 feet in height to typical topof-parapet, with 48 dwelling units (including 4 Live-work units) and 4,265 square feet of commercial and “work” space, town plaza corner courtyard, common area amenities (interior courtyard, roof decks, lounges, residential and bike storage), and 82 parking spaces on 1.22 acres of vacant land located at 518 Avenue of Flags, on the north-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-006 (the “Site”). Enhanced common area amenities (gym, business center, courtyard pool/ lounge area, additional roof decks) would be physically available at, and shared with, The 518’s companion project “Creekside Village”, located across Second Street at 480 Avenue of Flags. The Site is located within the boundaries of the Avenue of Flags (AOF) Specific Plan; the underlying zoning is CR (General Commercial) zone with a General Plan land use designation of General Commercial.

SECTION 2: The previous approvals and related entitlements (hereinafter referred to as the “Approved Project”) were granted through the following discretionary actions:
 Planning Commission Resolution No. 22-02 (March 3, 2022) recommending approval of Final Development Plan (21-FDP-05);
 City Council Resolution No. 22-07 (March 24, 2022) approval of 21-FDP-05 with modifications for Building Façade Height Setback and Tandem Parking deviations; and participation in the AOF Specific Plan Development Opportunity Reserve (DOR) program, which provides development incentives for Building Height and Residential Density in return for monetary deposits into a Public Benefit Fund
 City Council Ordinance 22-05 approving Development Agreement 21-DA-01 (March 24, 2022 and April 14, 2022, 1st & 2nd readings) which implements the project approvals and memorializes terms of the DOR incentives and benefits.

SECTION 3: The Approved Project consists of:

Attachment 8

PC Resolution No. 24-05 Page 2 October 17, 2024
Final Development Plan (21-FDP-05) for the construction of two separate mixed-use commercial and residential buildings that would provide 5,511 square feet of general commercial use and 48 multi-family residential units, with town plaza corner courtyard and parking. The new buildings would be three (3) stories at an average height of 41 feet, with tower elements extending to approximately 46 feet. The approved Project includes: plan modifications to allow tandem parking and façade height setback deviations from code; and development incentives for Building Height (6 foot increase over 35 foot baseline height) and Residential Density (39 dwelling units per acre versus 15 units per acre baseline density).

SECTION 4: The proposed modifications (hereinafter referred to as the “Modified Project”) to the Approved Project consists of the following land use application:

Development Plan Modification (24-DPM-01): Approval of a modification to the approved site plan, architectural elevations, floor plans, preliminary grading and drainage plan, landscaping and lighting plan sheets of 21-FDP-05 and City Council Resolution No. 22-07 (dated March 24, 2022) in order to allow for the following changes, as set forth in the Modified Project plans dated May 16, 2024, with subsequent revision of sheets A4, A5, A7, A20 and A26 dated July 9, 2024, and revision of sheet A9 submitted September 6, 2024:
 Revise building configuration and footprint (unifying the two building into one), parking layout and internal circulation, and reduce overall building square footage as set forth in Modified Project plans.
 Height increase of an additional 6 feet, including addition of a 4 th Floor
 Introduction of new live-work use on ground floor of Avenue of Flags frontage  Reduce the general commercial use from 5,511 to 1,475 square feet; add 2,790 square feet of new live/work commercial use; for a total commercial area of 4,265 square feet.  Maintain the same overall residential density with a total of 48 dwelling units; introduce 4 new live/work units in residential component.
 Reconfigure the parking and circulation layout; reduce parking from 96 spaces to 82 spaces, consistent with code standards; and reduce the number of tandem parking from 38 to 12 double-loaded spaces; reduce driveway approaches on 2nd Street from two to one  Provide additional landscaping and larger roof decks, while eliminating 2 indoor common spaces for on-site amenities that provided for gym, yoga, lounge area, and banquet room.  Make provision for enhanced amenities (gym, business center, courtyard pool/lounge area, additional roof decks) which would be physically available at, and shared with, The 518’s companion project “Creekside Village”.

The applicant is proposing the modifications to achieve economic viability, constructability and enhance design efficiencies while preserving the architectural character of the Project.

The modification request triggers the following changes which are considered to be outside the parameters of “minor modifications” allowed pursuant to Section 5.5 of the approved Development Agreement (21-DA-01): height increase and change of use. City Council may consider action to amend the Development Agreement at a future date, including any potential changes to the DOR program, if it deems such action is warranted.

PC Resolution No. 24-05 Page 3 October 17, 2024
SECTION 5: 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 Planning Commission finds the following:

A. Record. Prior to rendering a decision on the Modified Project, the Planning Commission considered the following:

1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the Planning Commission on October 17, 2024 (“PC Public Hearing”).

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

3. The following informational documents, which by reference, are incorporated herein:
a. The project file for 21-FDP-05 and the set of Modified Project plans dated May 16, 2024, with subsequent revision of sheets A4, A5, A7, A20 and A26 dated July 9, 2024, and revision of sheet A9 submitted September 6, 2024
b. The staff report dated October 17, 2024.

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 PC Public Hearing was published in a newspaper of general circulation on October 3, 2024 (the “PC Public Notice”), a minimum of 10 days in advance of the PC Public Hearing conducted on October 17, 2024.

2. The PC Public Notice was mailed to the Applicant, affected public agencies, persons owning property within 300 feet of the Project site and others known to be interested in the matter on October 3, 2024, a minimum of 10 days in advance of the PC Public Hearing.

3. The PC Public Notice was posted in two public locations on October 3, 2024, a minimum of 10 days in advance of the PC Public Hearing.

C. Environmental Review. In accordance with the requirements of the California Environmental Quality Act, California Public Resources Code section 21000 et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15000 et seq., and the Environmental Impact Report Guidelines of the City of Buellton (collectively, “CEQA”), the Approved Project uses (21-FDP-05) were determined by City Council Resolution No. 22-07 to be consistent with and therefore were adequately addressed in the prior Mitigated Negative Declaration prepared for the Avenue of Flags Specific Plan pursuant to the California Environmental Quality

PC Resolution No. 24-05 Page 4 October 17, 2024
Act. The Modified Project (24-DPM-01) would be in substantial conformance with the Approved Project and would remain generally consistent (as conditioned herein) with the Specific Plan. Overall building size and intensity would be reduced without increasing residential density or unit counts; commercial square footage would be reduced. The proposed building height increase could potentially be accommodated by the DOR incentive program established by the Specific plan, and the new livework use is an allowed land use the Specific Plan. Architectural design style, visual aesthetics and traffic impacts would remain consistent with the Approved Project.

Therefore, the Modified Project would not result in potential environmental impacts that were not addressed by the prior MND, and no changes are needed to the mitigation measures that are included in the conditions of approval for 21-FDP-05, as set forth in City Council Resolution No. 22-07.

D. Consistency Declarations Based on (i) the evidence presented in the Staff Report (incorporated herein by reference), (ii) consultations with affected City Departments and outside Agencies, (iii) testimony and comments received in connection with the public hearing and (iv) adoption of the attached change to the project approval and condition(s) of approval, the Planning Commission does hereby declare as follows:

1. That the previous findings for the Approved Project, Final Development Plan (21-FDP-05), remain valid. The Modified Project would be in substantial conformity with the approved project (21-FDP-05); the general site layout and location of the improvements are in a similar location, with a reduction in building footprint when compared to original approval. Residential density remains the same, commercial uses are slightly reduced and amenities have been reconfigured. The architectural character, street frontage presence and overall visual aesthetic of the development remain generally consistent with the Approved Project.

2. The Approved Project includes provision for a Building Height incentive, via the Project’s participation in the Development Opportunity Reserve (DOR) program of the Specific Plan. A building height of 41 feet was approved, which is a 6 foot increase over the 35-foot baseline height limit. The Modified Project would add another 6 feet, bringing the total building height to 47 feet. Final approval of the height increase will be by future City Council action, which would include determination of consistency with the overall intent of the approved height increase incentive and may include potential changes to the approved DOR terms.

3. The Approved Project includes provision for a Building Facade Height Setback Modification (Municipal Code Section 19.08.120 (G), which granted deviations from façade setbacks required by the Specific Plan. a. The approved façade setback modification affects the 3rd floor of the approved Project. It allows for an average 33% portion of the building façade heights at property lines to be setback less than 10 feet, which would deviate from the 10 foot setback requirement

PC Resolution No. 24-05 Page 5 October 17, 2024
above the 30-foot height level. The Modified Project remains consistent insofar as a lesser portion (30%) of the facades deviate from the standard.
b. The Modified Project adds a 4th floor, on which an average portion of 22% would deviate from the 10’ setback requirement; this would be consistent with the previously approval as it represents a lesser deviation and the conditions of approval require overall design style conformity with the Approved Project.

4. The Approved Project includes provision for a Tandem Parking Modification (Municipal Code Section 19.08.120 (G), which allowed a maximum of 38 parking spaces to be provided in the double-loaded tandem configuration, which is not otherwise allowed by code. The Modified Project provides 12 tandem parking spaces, which would be consistent with the previous approval as it represents a lesser deviation.

5. Except as addressed above, the modifications requested by 24-DPM-01 are in conformance with all applicable provisions and policies of the City General Plan and Zoning Ordinance, Municipal Code, the Avenue of Flags Specific Plan, and the approved development plan.

6. That the proposed modifications are in conformance with the Avenue of Flags Specific Plan, including the Art Deco architectural style as described in the Specific Plan and with applicable Community Design Guidelines

7. That the changes to the approved development plan will be aesthetically compatible with the existing surrounding character of the area and with the surrounding land uses.

8. That the changes will not conflict with any easements required for public access through, or use of, a portion of the property as none exist on this property.

SECTION 6: Based on the findings set forth in Sections 5, and subject to the conditions attached hereto, the Planning Commission hereby recommends approval to the City Council of a Development Plan Modification (24-DPM-01) to Final Development Plan (21-FDP-05) for the 518 Avenue of Flags Mixed-Use Project located at 518 Avenue of Flags. All conditions of approval are subject to future action by City Council. In particular, certain conditions will require revisions to the Development Opportunity Reserve (DOR) terms and applicable amendments to the Development Agreement (21-DA-01); therefore, the Planning Commission recommends that the associated Development Plan Modifications (24-DPM-01) be made.

PASSED, APPROVED and ADOPTED this 17rd day of October, 2024.

PC Resolution No. 24-05 Page 6 October 17, 2024
________________________________
Art Mercado
Chair
ATTEST:
_________________________________
Devon DeFazio
Planning Commission Secretary

PC Resolution No. 24-05 Page 7 October 17, 2024

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA ) SS

CITY OF BUELLTON )

I, Devon DeFazio, Planning Commission Secretary of the City of Buellton, do hereby certify that the foregoing Resolution No. 24-05 was duly approved by the Planning Commission of the City of Buellton at a meeting held on the 17th day of October, 2024, by the following vote, to wit.

AYES: ( )

NOES: ( )
ABSENT: ( )
NOT VOTING: ( )
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2024
___________________________________
Devon DeFazio
Planning Commission Secretary

PC Resolution No. 24-05 Page 8 October 17, 2024
THE 518 MIXED-USE DEVELOPMENT
DEVELOPMENT PLAN MODIFICATION 24-DPM-01

MODIFIED CONDITIONS OF APPROVAL
Applicable to
FINAL DEVELOPMENT PLAN 21-FDP-05
(CC Resolution No. 22-07)

1. Project Description. The approval granted herein is based upon and limited to compliance with the Project Description and conditions of approval set forth below. The Project Description is as follows: This Project is a request by The 518 LLC, hereinafter referred to as “Applicant”, for approval of a Development Plan Modification (24-DPM05) (“Application”) to the previously approved Final Development Plan (21-FDP-05) (“Approved Project”, “The 518”) for development of a mixed-use project, as herein modified (the “Modified Project”) consisting of one mixed-use commercial and residential building, 47 feet in height to typical top-of-parapet, with 48 dwelling units (including 4 Live-work units) and 4,265 square feet of commercial and “work” space, town plaza corner courtyard, common areas (interior courtyard, roof decks, lounges, residential and bike storage), and 82 parking spaces on 1.22 acres of vacant land located at 518 Avenue of Flags, on the north-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-006 (the “Property”). Certain amenities (gym, business center, courtyard pool/ lounge area, additional roof decks) would be physically available at, and shared with, The 518’s companion project “Creekside Village”, located across Second Street at 480 Avenue of Flags.

The Modified Project plans that are included in this approval are dated May 16, 2024, with subsequent revision of sheets A4, A5, A7, A20 and A26 dated July 9, 2024, and revision of sheet A9 submitted September 6, 2024. The approved color palette is shown on the color and materials digital images in the Project plans. Any deviations from the Project Description, Modified Project plans, 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.

63. Architectural Design. The Project is designed as Art Deco. The architectural design of the buildings shall conform to that shown on the Modified Project plans, which include:
architectural elevations; the color and materials board submitted (image sheets included in the plans); and the color 3D Illustrations. The Art Deco design style, color and materials utilized for the Modified Project, including the new 4th floor addition, shall be consistent with the approved overall building design. Accordingly, prior to receiving Zoning Clearance, Art Deco decorative elements and architectural character details shall be reflected on project construction plans for the 4th Floor.

65. Trash Enclosure Design. The Trash Enclosure design shall be approved by MarBorg Industries. The color and materials utilized for the Project’s trash enclosure shall be

PC Resolution No. 24-05 Page 9 October 17, 2024
consistent with the overall building design.

72. Approval. Approval of 24-DPM-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.

74. Parking. A total number of 82 parking spaces, including 4 handicapped accessible spaces, plus 1 loading space must be provided for the Project. Within the total number of parking spaces, a maximum of 12 spaces may be in a double-loaded Tandem Parking configuration, as previously approved. All parking spaces shall be striped in accordance with City of Buellton standards prior to issuance of the occupancy permit. In the event there are future revisions to the project plans, including changes requested for life safety purposes, minimum parking ratios and total parking spaces required shall be maintained in accordance with BMC 19.04.140.

75. Signage. A maximum aggregate sign area of 365 square feet is allowed for the Project.

Any proposed sign lighting shall be dark-sky friendly. A separate sign permit will need to be submitted prior to Zoning Clearance and signage design shall be in substantial conformance with the Conceptual Signage Plan, date-stamped February 10. 2022.

The sign permit application shall include a Master Sign Program reflecting design details and dimensions for all proposed signage (wall, awning, building identification, suspended/ projecting, tenant/building directory, individual tenant, door, window, directory, etc.) and in sufficient detail to allow for calculation of compliance with the City’s Sign Ordinance (Municipal Code Section 19.04). Sign lighting details and specifications shall be included. All signage and sign lighting shall be consistent with the Art Deco design theme. A Minor Use Permit will be required if the overall proposed sign area exceeds 400 square feet.

79. Light Intensities. All exterior lighting to be hooded and dark-sky friendly; documentation to support dark-sky friendly fixtures shall be provided, as applicable. Prior to Zoning Clearance, a Photometric Lighting Plan shall be required to demonstrate compliance with performance standards applicable to outdoor lighting for mixed-use projects (BMC § 19.18.024). This shall apply to wall-mounted exterior lighting on ground, 1st, 2nd, 3rd and 4th floors, as well as perimeter lighting, path lighting, and security lighting in the exterior parking lot. All exterior lighting, including parking lot and security lighting, shall be hooded and no unobstructed beam of exterior light shall be directed toward any area zoned or developed residentially. Lighting shall be designed so as not to interfere with vehicular traffic on any portion of a street.

85. Commercial Loading Zone. Pursuant to the approved project plans, a commercial load zone shall be provided in the form of a 10’x30’ striped area in the location shown on the Modified Project plans. (Note: the remainder of approved Condition No. 85 is DELETED as it no longer applies to the Modified Project.)

PC Resolution No. 24-05 Page 10 October 17, 2024

88. Amenity Bridge Open Space Requirements. Condition No. 88 is DELETED; it is, no longer applicable to Modified Project..

89. Development Opportunity Reserve (DOR) Terms.

INCENTIVES
Building Height
A typical top-of-parapet building height (per BMC 19.04.110 and 19.12.020) of 47 feet, in lieu of the 35-foot baseline height limit in the underlying CR zone, shall be allowed, as set forth in the Modified Project plans. This building height represent an increase of 6 feet over the previously approved height of 41 feet, (which was granted by DOR development incentive), and includes the addition of a fourth floor.

90. Development Agreement. Prior to issuance of a Zoning Clearance or grading permit, Applicant shall, as may be applicable, enter into a modification to the development agreement in order to implement the final conditions of approval for 24-DPM-01; the agreement modifications shall be recorded against the property. As per Condition 73, the development agreement, and any modifications thereto, shall govern the duration of the approvals.

ADDED CONDITIONS OF APPROVAL
Applicable to
FINAL DEVELOPMENT PLAN 21-FDP-05
(CC Resolution No. 22-07)

1. Live/Work Uses. Four (4) units of new Live/Work uses would be located on the ground floor along the Avenue of Flags frontage. The units would include combined space for both commercial uses and residential quarters. In order to implement the vision and development standards of the Avenue of Flags Specific Plan, the following conditions of approval apply to the Live/work units:
a) Given that strictly residential uses are not allowed on the ground floor of building frontages along Avenue of Flags, the “live” portions of the units shall not be located on the street facing side of the units. No future conversion to all residential use would be permitted in the Live/work spaces. b) The Live/work units shall have a storefront presence and serve to activate the streetscape. The units shall appear, and function, the same as traditional commercial frontages, with welcoming facades and pedestrian-oriented commercial uses such as shops, restaurants and services. Prospective tenants shall consist of the following, or similar, types of uses as deemed appropriate by the Planning Director: Coffee Shops, Juice Bars, Sandwich Shops, Wine/beer Tasting, Yoga Studios, Hair Salons/Barber Shops, Boutique Retail Shops,

PC Resolution No. 24-05 Page 11 October 17, 2024
Specialty Markets/Merchandise, Real Estate offices, Handicraft & Art Studios, Financial Services, Personal Services, Business Support Services, Medical Services.
c) The Live-work units shall be designed and operated as primarily commercial uses, each with an accessory residential area; this shall be reflected in the Modified Project plans. Typical layouts for the residential portion of the live-work units shall be shown. The Live-work units shall not be allowed to convert to all residential use at any time in the future, and the “live” component of each unit shall not be allowed to occupy any greater residential space within each unit than what is shown on the Modified Project plans.
d) Leasing and Phasing of the Live-work units shall be as follows:
o Tenant leases shall require that each unit be occupied simultaneously by both a residential tenant and allowable commercial use. The lease shall specify the commercial business to be operated.
o Residential tenants of the Live-work units shall be owners/operators of the commercial business located within the respective unit. o A maximum of 3 full-time equivalent employees may be permitted for each unit.
o During the first 6 months of each Tenant lease term, the residents may be allowed to move into a Live-work unit while starting up the commercial business, provided that an application for Zoning Clearance – New Business has been submitted to the City. However, at the end of the first 6 months, the business shall be operational and shall have received approval of the Zoning Clearance-Business. Otherwise, the lease shall terminate and all tenants, occupants and employees shall be required to vacate the unit.
o If the commercial business ceases to operate for a continuous period of 6 or more months, the lease shall terminate and all tenants, occupants and employees shall be required to vacate the unit.
e) The Live-work units approved as part of this project are not considered to be housing units for the purpose of providing housing under the City of Buellton 2023-2031 Housing Element to the General Plan.

2. Garage Accessory Structures. New free standing parking garages may be located along a portion of the eastern property line (rear yard) adjacent to the neighboring residential use, in the required rear year setback area provided that:
a) All sides of the garage structures shall be consistent with the Art Deco design style, colors, materials, facade articulation, and decorative elements of the primary buildings.
b) The garage structures do not exceed 12 feet in height and are setback 5 feet from the property line (compliance with BMC 19.06.010 is required).

PC Resolution No. 24-05 Page 12 October 17, 2024
c) Landscape screening is provided in the setback area and shall comply with BMC

19.04.144 E.3; the screening would serve to buffer the garage structures from the adjacent residences.

3. Shared Amenities. Enhanced common area amenities (gym, business center, courtyard pool/ lounge area, additional roof decks) would be physically available at, and shared with, The 518’s companion project “Creekside Village”, located across Second Street at 480 Avenue of Flags.

Prior to receiving Final Occupancy clearance:
a) An Irrevocable Reciprocal Access Agreement for Shared Amenities shall be recorded on the property for both The 518 and Creekside Village projects, granting equivalent shared access to common area amenities for residents of both projects. Prior to recordation, the proposed Irrevocable Reciprocal Access Agreement shall be submitted to the Planning Director for review and approval, and shall describe the amenities available, hours of operation and management oversight responsibility.
b) Provisions for Irrevocable Reciprocal Access for Shared Amenities shall be included in the Covenants, Conditions & Restrictions (CC&Rs) for both Projects; a draft of the CC&Rs shall be submitted to the Planning Director for review and approval.

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

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6
To: Honorable Mayor and City Council Members
From: Irma Tucker, Contract City Planner
Andrea Keefer, Planning Director
Meeting Date: November 14, 2024
Subject: Resolution No. 24-28 – “A Resolution of the City Council of the City of Buellton, California, Approving a Development Plan Modification (24-DPM-02) to Final Development Plan (19-FDP01) for the Creekside Village Mixed-Use Project, Located at 480 Avenue of Flags on Assessor’s Parcel Number 137-170-070, and Making Findings in Support Thereof”
Ordinance No. 24-06 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (20-DA-01-Amend#1) for the Creekside Village – Mixed-Use Development Project Located at 480 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” (Introduction and First Reading)

BACKGROUND
Owner: Edward St. George Revocable Trust
Agent/Applicant: Brandon Mann, MB Development Co.

Zoning: CR-SP (General Commercial - Specific
Plan)
APNs: 137-170-070
On behalf of current property owner Edward St. George Revocable Trust Brandon Mann of MB Development Company (Agent/Applicant) has submitted a Development Plan Modification (DPM) application (24-DPM-02) requesting modifications to the previously-approved Creekside Village Mixed-Use Project (referred to herein as “Creekside Village” and “Project”). The Project is on a 1.64+/- acre parcel within the Avenue of Flags (AOF) Specific Plan, at the south-east corner of Avenue of Flags and Second Street. See attached vicinity map showing location of the project. (Attachment 1)
The previous approvals and related land use entitlements (hereinafter referred to as the “Approved Project”) were granted through the following discretionary actions:

Resolution No. 24-28 Page 2 November 14, 2024
Ordinance No. 24-06
• Planning Commission Resolution No. 20-05 (September 17, 2020) recommending approval of Final Development Plan (19-FDP-01); • City Council Resolution No. 20-26 (October 22, 2020) approval of 19-FDP-01 with modification for Building Façade Height Setback deviation; and participation in the AOF Specific Plan Development Opportunity Reserve (DOR) program, which provides development incentives for Reduced Parking and Residential Density in return for monetary deposits into a Public Benefit Fund • City Council Ordinance 20-07 approving Development Agreement 20-DA-01 (October 22, 2020 and November 12, 2020, 1st & 2nd readings) which implements the project approvals and memorializes terms of the DOR incentives and benefits.

APPROVED PROJECT SUMMARY
Approval of Final Development Plan (19-FDP-01) provided for the construction of:
• One mixed-use commercial and residential building that would provide 10,670 square feet of general commercial use and 64 multi-family residential units, with town plaza corner courtyard, and 108 parking spaces a majority of which are located in a parking garage underneath the podium deck structure that supports the building above.
• The new building would be three (3) stories at an average height of 38 feet, with tower elements extending to approximately 45 feet.
• Amenities include a ground level Town Plaza corner courtyard; and outdoor patios, landscaping and decorative hardscape areas, fitness center, bike room, club room, roof deck, and other site features for the residential uses. • Other amenities: entrance lobby, mail room, laundry room, bicycle storage room, pedestrian amenity bridge connecting Buildings #1 and #2.

Approval of 19-FDP-01 also included plan modifications to allow for Building Height and Building Façade Height Setback deviations from the Buellton Municipal Code (BMC) and the Specific Plan, respectively.

1. Building Height modification to allow for an increased three (3) foot building height overall.

2. Building Façade Height Setback modification to allow for an increased eight (8) foot building façade height along portions of the front and side facades. This would result in an average of 32% of the building façade heights at portions of the property lines to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30-foot height level as set forth in the Avenue of Flags Specific Plan.

Approval of Development Agreement (20-DA-01) memorialized terms of the Development Opportunity Reserve (DOR) program of incentive/benefits created by the AOF Specific Plan., whereby the Applicant was granted development incentives for increased Residential Density (39 dwelling units per acre versus 15 units per acre baseline density) and Reduced Parking (108 parking spaces rather than the 137 spaces

Resolution No. 24-28 Page 3 November 14, 2024
Ordinance No. 24-06
otherwise required by code) in return for community benefits consisting of a fixed-sum payment into a Public Benefit Fund to be administered by the City.

On October 17, 2024, the Planning Commission conducted a public hearing regarding the proposed project modifications, including changes to existing entitlements and conceptual revisions to the DOR incentives, and approved upon a 4-to-0 vote a recommendation to City Council that the project be approved with the conditions set forth in Planning Commission Resolution No. 24-06. (Attachment 8).

DISCUSSION
PROPOSED MODIFIED PROJECT (24-DPM-02)
Project Description
Development of a mixed-use project, as herein modified (the “Modified Project”) consisting of one mixed-use commercial and residential building, 47 feet in height to typical top-of-parapet, with 61 dwelling units and 6,408- square feet of commercial space, town plaza corner courtyard, residential and bike storage, and 107 parking spaces on 1.64 acres of vacant land located at 480 Avenue of Flags, on the south-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-070 (the “Site”).

Enhanced common area amenities (gym, business center, courtyard pool/ lounge area, additional roof/patio decks) would be physically available on-site, and shared with, Creekside Village’s companion project “The 518”, located across Second Street at 518 Avenue of Flags.

Summary of Development Plan Modifications
The applicant is proposing the modifications to achieve economic viability, constructability and enhancement of design efficiencies while preserving the architectural character of the Project. The Applicant’s DPM request and project description narrative is included as Attachment 2. Please note that the project description addresses both the Creekside Village (located at 480 Avenue of Flags) and The 518 mixed-use projects, both of which are proposed to be constructed as one large development in phases.

The complete set of proposed Modified Project plans (dated May 16, 2024, with subsequent revision of sheets T1, A4, A5, A6, A7, A8 and A24 dated July 9, 2024, and revision of sheets A8 & A9 submitted September 6, 2024) is provided as Attachment 3.

Printed plans in 11 x 17 format have been provided to the Planning Commission; digital files of the full size plans can be accessed via the following link:
24-DPM-02 Creekside Village - Modified Project Plans
Development Agreement changes. The proposed modifications trigger the following substantive changes to the approved development entitlements, including terms of the DOR incentives / community benefits, as memorialized in the Development Agreement (DA):

Resolution No. 24-28 Page 4 November 14, 2024
Ordinance No. 24-06
• Additional 9 foot Height increase (including addition of fourth story). An original building height deviation of 3 feet was approved by a plan modification as part of 21- FDP-05. The cumulative height increase of 12 feet over the baseline 35-foot height allowance will be further reviewed by City Council and may result in revisions to the project’s DOR terms and DA.
• Change of use (introduction of live/work). Live/work was not considered in the original entitlements or DA for the Project. The use is allowed by the Specific Plan, and is being considered as part of the modification request (24-DPM-02).

City Council would consider action to amend the Development Agreement at a future date, including any potential changes to the project description and terms of the DOR program.

Other development standards would remain generally consistent with the AOF Specific Plan and/or in substantial conformance with the prior Project approvals. Overall building size and intensity would be reduced without increasing density or unit counts.

Final Development Plan changes. The following is a summary of the modification request (24-DPM-02) and internal changes within the Project; details of the proposed changes and consistency with the Specific Plan and Zoning standards are further described below.
• Revise building configuration and footprint (eliminating the indoor garage underneath the podium deck structure and reducing frontage along Second Street), parking layout and internal circulation, and reduce overall building square footage as set forth in Modified Project plans.
• Height increase of an additional 9 feet, for a cumulative height increase of 12 feet over the baseline 35-foot height allowed by code, including addition of a 4th Floor • Introduction of new live-work use on ground floor of Avenue of Flags frontage • Reduce the general commercial use from 10,670 to 1,092 square feet; add 5,316 square feet of new live/work commercial use; for a total commercial area of 6,408 square feet; this represents a substantial (40%) decrease in total commercial square footage and related parking requirement
• Reduce the overall residential density with a total of 61 dwelling units; resulting in a revised residential density of 37.2 dwelling units per acre. • Reconfigure the parking and circulation layout; reduce parking from 108 approved spaces to 107 spaces, consistent with code standards. Note: the 108 approved parking spaces were granted via a DOR development incentive to allow for 29 fewer spaces than the 137 spaces required by Code.
• Provide additional landscaping, private patios for every residential unit, and enhanced common area amenities (gym, business center, courtyard pool/ lounge area, 3 large roof/patio decks) to be shared with Creekside Village’s companion project “The 518”.

Resolution No. 24-28 Page 5 November 14, 2024
Ordinance No. 24-06
Analysis – Development Plan Modifications and
Consistency with Specific Plan & BMC Zoning Standards
The following tables and narrative regarding applicable development features compare the original approvals with the proposed project modifications, and address consistency with applicable AOF Specific Plan and zoning standards.

Land Uses & Site Development
Table 1.

Developme
nt Feature
City
Requirement
Approved
Project
CC Reso. 20-26
Proposed
Modific’n
PC Reso. 24-06
Proposed
Modification
Consistency
Proposed
Use(s)
General
Commercial &
Mixed-Use
Mixed-Use Mixed-Use Consistent
General
Comm’l
Allowed Per CR
Zone; no max
floor area
General Comm’l
= 10,670 sf
Comm’l-Café =
1,092 sf
Live/Work Comml=
5,316 sf
Total Comm’l=
6,408
Consistent
Resid’
Density
(dwelling
units (du) per
acre, mixeduse devt)
Baseline: 15 du/
acre
= 24 du/ site
39 du/ acre
= 64 du site
(Approved DOR
Incentive for
Density)

37.2 du/ acre
= 61 du site
No Change;
Density Allowed by
Approved
DOR Incentive
Siting of
Land Uses
Ground Floor on
AOF Frontage:
• Non-Resid’l first
150’ depth on
AOF (*)
• No parking
garages or similar
(*)
Retail Commercial (Café)
& Live-Work
Potentially
Consistent
(*) With Conditions
for Live-Work Uses
Upper Floors:
• Non-Residential
or Residential
Residential Residential Consistent
Minimum Lot
Area
No minimum 1.64 acres
(71,352 sf)

1.64 acres Consistent
Site No maximum 24% 21% Consistent

Resolution No. 24-28 Page 6 November 14, 2024
Ordinance No. 24-06
Coverage (17,340 sf) (15,250 sf)
Landscaping
/
Hardscaping
15% ; incl’g
hardscape and
setback areas
fronting on streets
15%
(11,012 sf)

17.2%
(12,096 sf)
Consistent
Open Space 250 sf per
dwelling unit =
12,000 for project
12,868 sf
(private
patios=7,230 sf)
12,867 sf
(private
patios=5,252 sf)
Consistent
Proposed Changes: Building Design, Massing & Site Configuration • Reconfigures the building massing and site plan layout while maintaining substantial conformance to the originally approved Art Deco architectural design, building facades and overall visual aesthetic along Avenue of Flags and 2nd Street.
• Revise building configuration and footprint:
o eliminate the indoor garage underneath the podium deck structure, o reducing frontage along Second Street
o reconfigure parking layout and internal circulation,
o reduce overall building square footage as set forth in Modified Project plans.
o reconfiguring the internal distribution of uses and amenities • The potential impacts of exterior lighting emanating from the increased height and revised site layout need to be evaluated. An updated photometric lighting analysis for the modified Project is required, and shall show brightness levels throughout the site and at the property line so that impact upon on-site and neighboring uses (especially residential) can be determined. Submittal of photometric plan is a condition of approval in PC Resolution No. 24-06, and the Project shall comply with BMC 19.18.024 pertaining to outdoor lighting standards.

Proposed Change: Land Use
• Reduce the general commercial use from 10,670 to 1,092 square feet; add 5,316 square feet of new live/work commercial use; for a total commercial area of 6,408 square feet; this represents a substantial (40%) decrease in total commercial square footage and a commensurate reduction in parking, as set forth in Table 2 below.
• Reduces the Residential Density with total number of dwelling units at 61 dwellings; resulting in a revised density of 37.2 dwelling units per acre. o Approved Residential Density – per DOR Incentive. The Creekside Village Project was approved for a Residential Density incentive of 39

Resolution No. 24-28 Page 7 November 14, 2024
Ordinance No. 24-06
dwelling units per acre, which resulted in 64 dwelling units for the 1.64 acre site.
o Proposed Modification. A reduction of 1.8 units per acre to residential density is proposed, therefore the approved DOR terms would potentially remain the same.
o Live/work was not considered in the original entitlements or DA for the Project. The use is allowed by the Specific Plan, and is being considered as part of the modification request (24-DPM-02).
 The new Live/Work use would be located on the ground floor along the Avenue of Flags frontage. The units would include space for commercial uses which could include space for owner/employee quarters.
 In order to implement the vision and development standards of the Specific Plan, Planning Commission Resolution No. 24-06 includes the following conditions of approval applicable to the Live/work units:
o Given that strictly residential uses are not allowed on the ground floor of building frontages along Avenue of Flags, the “live” portions of the units shall not be located on the street facing side of the units. No future conversion to all residential use would be permitted in the Live/work spaces.
o The Live/work units shall have a storefront presence and serve to activate the streetscape. The units shall appear, and function, the same as traditional commercial frontages, with welcoming façades and pedestrian-oriented commercial uses such as shops, restaurants and services. Prospective tenants shall consist of the following, or similar, types of uses as deemed appropriate by the Planning Director: Coffee Shops, Juice Bars, Sandwich Shops, Wine/beer Tasting, Yoga Studios, Hair Salons/Barber Shops, Boutique Retail Shops, Specialty Markets/Merchandise, Real Estate offices, Handicraft & Art Studios, Financial Services, Personal Services, Business Support Services, and Medical Services.
o The Live-work units shall be designed and operated as commercial uses, each with an accessory residential area; this shall be reflected in the Modified Project plans. Typical layouts for the residential portion of the live-work units shall be shown. The Live-work units shall not be allowed to convert to all residential use at any time in the future, and the “live” component of each unit shall not be allowed to occupy any greater residential space within each unit than what is shown on the Modified Project plans.
o Leasing and Phasing of the Live-work uses may be permitted as follows:
o Tenants shall be required to execute a commercial lease agreement for the leased premises.

Resolution No. 24-28 Page 8 November 14, 2024
Ordinance No. 24-06
o Allowed usages of the leased premises shall be defined specifically for the intended trade or business of the
Tenant. Additional allowed usages of the leased
premises shall also be defined to allow for the
residential usages for the Tenant themselves (including full-time employees), the Tenant’s principal majority
owner or a designated corporate officer and must
contain provisions stating that residential usage is
strictly coincidentally allowable under the conditions
that:
 The designated commercial activity is
operational and open for business activity, or;
 The designated commercial is in a start-up
phase and within the first 6 months of the lease
agreement.
o A maximum of 3 full-time equivalent employees may
be permitted for each unit.
o Tenants shall be required to submit an application for Zoning Clearance – New Business to the City of
Buellton and receive formal approval prior to taking
possession of the leased premises.
o If the Tenant’s intended trade or business as defined in the commercial lease agreement cease to operate for a
period exceeding 6 months, the commercial lease
agreement shall be considered terminated and the
occupants shall be required to vacate the leased
premises immediately
o The Live-work units approved as part of this project are not considered to be housing units for the purpose of providing housing under the City of Buellton 2023-2031 Housing
Element to the General Plan. Any applicable amendments to the Affordable Housing Agreement shall be recorded on the property prior to receiving Zoning Clearance. The Live-Work units approved as part of this project not subject to any residential tenant protection laws or ordinances, including but not limited to the California Civil Code Sections 1940-1954.05, and the City of Buellton Municipal Code. The Live-Work
Units are intended for commercial use, and the nature of the tenancy does not fall under the protections typically afforded to residential tenants
Proposed Change: Landscaping, Open Space and Amenities
• Reconfigures/consolidates approved amenities and provides additional landscaping.

Enhanced common area amenities (gym, business center, courtyard pool/ lounge area,

Resolution No. 24-28 Page 9 November 14, 2024
Ordinance No. 24-06
3 large roof/patio decks) are provided on-site, to be shared with Creekside Village’s companion project “The 518”.
• Overall square footage for open space areas has increased. While every residential unit now has a private patio, the total square footage allocated to the private patios has decreased.

Parking, Circulation & Access
Table 2.

Use Parking
Space
Ratio
Approved Project
CC Reso. 20-26
Proposed Modification
PC Reso. 24-06
Area (or
Factor)
Space
s
Req’d
Provide
d
Area (or
Factor)
Spaces
Req’d
Provide
d
Commercial 1 per 300 sf 10,670 36 5 6,408 10 (w/
Live/wor
k
allowanc
e)
Residential
– MultiFamily
- Live/Work

1 per unit
1 per unit
2 per unit
2 per unit
1 per each 5
unit
64 units:
10– Studio
30 - 1-
bedroom
24 - 2-
bedroom
n/a
Visitor
Parking
101
10 30
48 n/a
13 103 61 units:
8 - studio
33 – 1-
bedrm
20 – 2-
bedrm
Visitor
100
8 33
40 13
TOTALS 137 108
App’d
w/
DOR
Incentiv
e
104 107
Handicappe
d (counts
toward total
spaces
provided)
3 spaces for
site with 81
– 120
spaces
Per total
number of
spaces on
site
3 6 3 6
Loading
Space
1 space Comm’l
Uses w/
floor area
of 3,000+
s.f.
1 space
(10 ft.
x 30
ft).
1 1 space
(10 ft. x
30 ft).
1

Resolution No. 24-28 Page 10 November 14, 2024
Ordinance No. 24-06
Parking
Approved Project:
• A total of 108 parking spaces via a combination of an indoor parking garage underneath the podium deck and outdoor surface parking (uncovered spaces) o A DOR Incentive for Reduced Parking was approved by City Council Resolution No. 20-26 and Development Agreement 20-DA-01 to allow 108 parking spaces which represent 29 less spaces than the 137 spaces required by Code.

Proposed Change:
• Reduce parking provided from 108 spaces to 107 spaces, which is 3 spaces more than the minimum 4 spaces required and is thus consistent with code standards. ; o The Approved Project, as designed, required 137 parking spaces. The lower number of required parking spaces for the Modified Project results from a reduction in general commercial square footage, a portion of which is replaced with the “work” component of Live/Work, which has a lower parking ratio requirement per code.
o Given that the proposed number of parking spaces (107) exceeds the number of spaces (104) required by code, the DOR incentive for Reduced Parking is no longer applicable; accordingly, PC Resolution No. 24-06 recommends that the associated condition of approval be deleted.

Circulation and Access
Approved Project: The site plan shows off-site access via one driveway approach along Second Street. Internal vehicular circulation via a network of 2-way drive aisles which provide access to the parking garage and the uncovered parking areas.

Proposed Changes: the building consolidation and related reconfiguration of the parking layout and internal circulation result with an increase in the number of driveway approaches to two driveways on Second Street; The two driveways provide access to two-way internal drive aisles that serve the primarily out door parking spaces (combination of uncovered and Baja Carports) and approximately 10 spaces located in a parking garage.

Resolution No. 24-28 Page 11 November 14, 2024
Ordinance No. 24-06

BUILDINGS, HEIGHTS, SETBACKS
Developm
ent
Feature
City
Requirement
Approved Project
CC Reso. 20-26
Proposed
Modific’n
PC Reso. 24-06
Proposed Mod.

Consistency
Building
Types
Allowed
Mercantile,
Mixed-use
Courtyard
Corner (Town
Plaza Corner)
Mixed-Use
Town Plaza Corner
Mixed-Use
Town Plaza Corner
Consistent
Setbacks
(s/b) &
Bldg.

Placement
on Lots
Zero lot lines
encouraged,
Max Front s/b:
20’
Buildings placed
alongside & front
property lines
Side Setbacks:1’ –
3’
Front Setback:
1’ – 3’
Buildings placed
alongside & front
property lines
Side Setbacks: 5’ –
12’
Front Setback: 2’ –
8’
Consistent
Consistent
Setbacks
for
Town
Plaza
Corner
Courtyd
AOF & 2nd St.
corner,
courtyard:

Min 15’, Max
55’
Corner Courtyard:

AOF Setback: 43’
2nd St. Setback: 43’
Corner Courtyard:

AOF Setback: 34’
2nd St. Setback: 28’
Consistent
Building
Heights
Minimum: 16’
-----
Maximum: 35’
(w/out
incentives)
Minimum: 28
-----
Predominant Max:
38’
(3’ over Code)
(Approved by Plan
Modification)
Minimum: 30
-----
Predominant Max:
47’
(6’ over App’d;
12’over Code)
Consistent
-----
Inconsistent;
Potentially
Allowed w/
Revised DOR
Incentive
Building
Façade
Height
Setback
Max. Façade
Height at
Property Line:
30’
Add’l Height to
be Setback 10’
3rd floor Façade
Height: 38’
** Setbacks (s/b)
Vary:
1’ – 43’
Front (AOF): 1’–47’
s/b
(57% of frontage s/b
>10’)
Side (2nd St.): 1’–43’
s/b
3rd floor Façade
Height: 33’6”’
S/b Vary: 5” – 31’9”
Front (AOF): 5”–
39’8” s/b
(58% of frontage
s/b >10’)
Side (2nd St.): 10’–
43’ s/b
(66% of frontage
s/b >10’)
Inconsistent
Potentially
Allowable with
Development
Plan Modification
3rd Floor - 19%
average portion
of 3rd Floor
facades above

Resolution No. 24-28 Page 12 November 14, 2024
Ordinance No. 24-06
------------
Architectural
Features: Max.
50’
(BMC §

19.04.110 (B))
(66% of frontage s/b
>10’)
Side (S P/L): 3’–
32’s/b
(50% s/b at >10’)
Rear (E P/L): 118’
s/b
(100% s/b >10’)
3rd Floor - 32%
average portion of
3rd Floor facades
above 30’ @ P/L do
not meet 10’height
setback req;t
** Inconsistent
Façade Setbacks –
Approved with
Development Plan
Modification
-----------
Art Deco Towers
(Arch Features):
46’3” (typical)
Side (S P/L): 10’ s/b
(100% setback at
>10’)
Rear (E P/L): 50’+
s/b
(100% s/b >10’)
-----
NEW
4th floor Façade
Height: 47’11”
(Front/Side Prop.

Lines)
S/b Vary: 5” – 31’9”
Front (AOF): 10’5”–
39’8’ s/b
(100% of frontage
s/b >10’)
Side (2nd St.): 10’–
40’ s/b
(100% of frontage
s/b >10’)
Side (S. P/L): 10’
(100% setback at
>10’)
Rear (E P/L): 160’+
s/b
(100% s/b >10’)
---------
Art Deco Towers
(Arch Features):
49’ (typical)
30’ @ P/L do not
meet 10’ height
setback req;t
4thFloor - 100%
of 4th Floor
facades above
30’ @ P/L meet
or exceed 10’
height setback
req;t (consistent)
----------
Consistent
Building Height Increase
Approved Project:
• The City’s zoning code allows for a baseline 35-foot height limit and up to a maximum of 50 feet as an incentive for the D.O.R. program. • The Approved Project includes provision for a Building Height Modification (Municipal Code Section 19.08.120 (G), which allowed for a building height of 38 feet. The approved modified building height represents a 3-foot height increase deviation over the 35-foot baseline height limit allowed by the Specific Plan.

Proposed Change:
• A height increase of an additional 9 feet is requested, bringing the total height to 47 feet, which is a cumulative 12 feet over the 35-foot baseline limit and 3 feet under the 50-foot maximum potentially allowable. The modification would include addition of a fourth floor.

Resolution No. 24-28 Page 13 November 14, 2024
Ordinance No. 24-06
• Final approval of the additional height increase, including the addition of a fourth floor, will be by future City Council action, which would include determination of consistency with the overall intent of the approved Building Height Modification (per Municipal Code Section 19.08.120 (G)) that was approved by City Council Resolution No. 20-26 pertaining to 19-FDP-01.
• Future City Council action may include potential changes to the Approved Project and DOR terms whereby the cumulative height increase would be either: considered an additional DOR incentive, potentially off-set by elimination of the approved DOR incentive for reduced parking, or addressed as a potential revision to the aforementioned approved Building Height Modification.
• The terms for the cumulative 12-foot height increase shall be governed by amended DOR program terms and associated modifications to the Development Agreement (20-DA-01) to be acted upon by City Council; this is a condition of approval,.

Building Façade Height Setback
Approved Project:
• A Building Façade Height Setback modification was granted by CC Resolution No. 20-26 to allow for an average 32% portion of the building façade heights at portions of the property lines to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30-foot height level as set forth in the Avenue of Flags Specific Plan. This façade setback affects the 3rd floor of the approved Project.

Proposed Change:
• The modification requested by 24-DPM-02 would affect façade setbacks above the 30-foot building height level as follow:
o The Modified Project remains consistent insofar as a lesser portion (19%) of the 3rd Floor facades deviate from the standard.
o The Modified Project adds a 4th floor, on which 100% of the frontage would be setback greater than 10 feet from the property line, and would thus be entirely consistent with the Specific Plan requirement. o Overall, the proposed changes generally meet the intent of the Specific Plan façade standards and provide appropriate façade modules, articulation and setback variations to result with a visually appealing development. • The previously approved Building Façade Height Setback modification would be revised in Planning Commission Resolution No. 24-06 to reflect the proposed changes.

PUBLIC WORKS ITEMS
Civil Engineering – Grading & Stormwater Control
The applicant’s Civil Engineer has reviewed the proposed conceptual plan changes has provided a letter dated February 6, 2024 (Attachment 4), which states their opinion that the approved grading and drainage design would be consistent with the proposed updates set forth in the modified plans.

Resolution No. 24-28 Page 14 November 14, 2024
Ordinance No. 24-06
Floodplain Ordinance (Building Flood-proofing Conditions) The site is within the 100-Year Flood Zone; grading and/or flood-proofing are required to bring the building pad and proposed structures into compliance with the City’s Floodplain ordinance. The Applicant is required to flood-proof the building in compliance with the Floodplain Ordinance, applicable FEMA maps (including potential updates that are in place at time of permit approvals), and any related Building & Safety or Fire Department requirements; this is included as a condition of approval for the project.

BUILDING DIVISION COMMENTS
The Santa Barbara County Building & Safety Division submitted the following updated comments via correspondence dated March 27, 2024:
o Provide a preliminary egress plan that identifies emergency egress openings from all sleeping rooms on all floors to a yard or court (as defined in the CBC) that opens to a public way.
o Does 4th floor south elevation (patio/deck) extend to property line? Specify setback to property lines all floors (especially south elevation). If so, yards for emergency egress from sleeping rooms for floors below needs to be maintained from the ground to the sky.
• Provide a preliminary egress plans that demonstrates proposed egress plan, i.e.: at stairwells at interior locations [assume to be interior exit stairs (EXIT)] how will level of protection be maintains to ROW? Once a level of protection is provided that level of protection cannot be reduced.

The Applicant has stated that circulation elements, ingress and egress plans have since been added to the Project plans (these are subject to further review by the Building Division).

Compliance with Building Division requirements is a condition of approval for the Approved Project and carries through to the Modified Project.

FIRE DEPARTMENT COMMENTS
The Santa Barbara County Fire Department did not submit comments on the plan modifications. The Project is required to comply with any future comments and/or potential changes required by the Fire Department. Compliance with Fire Department requirements is a condition of approval for the Approved Project and carries through to the Modified Project.

ENVIRONMENTAL REVIEW
In accordance with the requirements of the California Environmental Quality Act, California Public Resources Code section 21000 et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15000 et seq., and the Environmental Impact Report Guidelines of the City of Buellton (collectively, “CEQA”),

Resolution No. 24-28 Page 15 November 14, 2024
Ordinance No. 24-06
the Approved Project uses (19-FDP-01) were determined by City Council Resolution No. 20-26 to be consistent with and therefore were adequately addressed in the prior Mitigated Negative Declaration (prior MND) prepared for the Avenue of Flags Specific Plan pursuant to the California Environmental Quality Act. The Modified Project (24- DPM-02) would be in substantial conformance with the Approved Project and would remain generally consistent (as conditioned herein) with the Specific Plan. Overall building size and intensity would be reduced without increasing residential density or unit counts; commercial square footage would be reduced. The proposed building height increase could potentially be accommodated by the DOR incentive program established by the Specific plan, and the new live-work use is an allowed land use in the Specific Plan. Architectural design style, visual aesthetics and traffic impacts would remain consistent with the Approved Project. Therefore, the Modified Project would not result in potential environmental impacts that were not addressed by the prior MND, and no changes are needed to the mitigation measures that are included in the conditions of approval for 19-FDP-01, as set forth in City Council Resolution No. 20-26 (Attachment 5).

IMPACT UPON DEVELOPMENT AGREEMENT & DOR PROGRAM
The proposed modifications trigger the following substantive changes to the approved development entitlements, including terms of the DOR incentives / community benefits, as memorialized in the Development Agreement:
• A 9 foot height increase (including addition of fourth story) • Change of use (introduction of live/work)
Potential Amendments to Development Agreement. The Ad Hoc Committee was convened to consider the DOR Program and financial terms of the Development Agreement on October 31, and determined that changes would be applicable. The Committee determined that the following provisions were appropriate:
• All prior approved provisions of the Development Agreement, to include previously imposed DOR payment terms, amounts, and timing, will remain unless explicitly amended within the Amended Development Agreement document. • Additional Developer Opportunity Reserve (DOR) payments will be held in abeyance, but shall be instituted if (1) owner fails to submit applications for Building Permit for each project within 6 months of the execution date of the First Amendment to the Development Agreement for each project, or (2) owner fails to initiate grading or other construction relying upon a Grading Permit or Building Permit issued by the County of Santa Barbara within 18 months of the execution date of the First Amendment to the Development Agreement for each project. • If such deadlines are met, no new DOR payments will be due (other than those unpaid amounts from the original Development Agreement, which will continue to be paid in amounts and at times identified in the original Development Agreement.

Resolution No. 24-28 Page 16 November 14, 2024
Ordinance No. 24-06
• In the event that one or more of the deadlines above is not met, an additional payment of $50,000 (for each project which has not met the deadlines) shall be due and payable to the City. Additional payments of $50,000 shall be due every 6 months beyond the initial missed deadline until the action for which the deadline has been established occurs.
• A provision has been included within the Development Agreement Amendment by which the owner agrees to certain provisions pertaining to Accessory Dwelling Units on the property.

The City Council should consider action to amend the Development Agreement at this time, including any potential changes to terms of the DOR program. The amendments notwithstanding, Resolution No. 20-26, Condition No. 78, Development Time Frame, shall continue to apply. Specifically, Section 19.08.120 (H) of the Buellton Municipal Code establishes a time limit of five years for approvals of final development plans and extensions thereto (maximum of two one-year time extensions). Through provisions set forth in Section 5.3 of the Development Agreement (20-DA-01), the term of the subject entitlements for the Creekside Village Mixed-Use Project is proposed to be seven years from the date of final adoption of Ordinance No. 20-26. The Project will not be entitled to apply for any further extension as allowed under the Buellton Municipal Code.

STORY POLE WAIVER
Buellton Municipal Code (BMC) Section 19.08.120 I.2, requires the installation of story poles for projects exceeding 25 feet in height; said poles shall be erected at least 30 days prior to the first public hearing on a project and shall remain in place until a final decision is made on the project. Story poles were erected for the Approved Project during the original FDP entitlement review and approval process for 19-FDP-01.

BMC Section 19.08.120 I.2 also allows the City Council to waive the requirement for story poles upon a written request from the Applicant demonstrating that these items would not provide clarification for review of the project(s) which, in the current subject case (24-DPM-02), consists of a modification request to the Approved Project.

Included as Attachment 6 is the Applicant’s “Story Pole Exemption Request” which includes the request to waive the story pole requirement, a narrative justification for the request and supporting exhibits pertaining to both The 518 and Creekside Village development projects. On July 25, 2024, City Council approved the Story Pole Waiver Request

Resolution No. 24-28 Page 17 November 14, 2024
Ordinance No. 24-06
RESOLUTION NO. 24-28 and CONDITIONS OF APPROVAL
As described in the above narrative, summarized below are the modifications that would result by approval of City Council Resolution No 24-28 pertaining to 24-DPM-02:
• Modified Project plans (dated May 16, 2024, with subsequent revision of sheets T1, A4, A5, A6, A7, A8 and A24 dated July 9, 2024, and revision of sheets A8 & A9 submitted September 6, 2024)
• Revise building configuration and footprint (eliminating the indoor garage underneath the podium deck structure and reducing frontage along Second Street), parking layout and internal circulation, and reduce overall building square footage as set forth in Modified Project plans.
• Height increase of an additional 9 feet, for a cumulative height increase of 12 feet over the baseline 35-foot height allowed by code, including addition of a 4th Floor • Introduction of new live-work use on ground floor of Avenue of Flags frontage • Reduce the general commercial use from 10,670 to 1,092 square feet; add 5,316 square feet of new live/work commercial use; for a total commercial area of 6,408 square feet; this represents a substantial (40%) decrease in total commercial square footage and related parking requirement
• Reduce the overall residential density with a total of 61 dwelling units; resulting in a revised density of 37.2 dwelling units per acre.
• Reconfigure the parking and circulation layout; reduce parking from 108 approved spaces to 107 spaces, consistent with code standards.
• Provide additional landscaping, private patios for every residential unit, and enhanced common area amenities (gym, business center, courtyard pool/ lounge area, 3 large roof/patio decks) to be shared with Creekside Village’s companion project “The 518”.

As a result, the Project is subject to several new and modified conditions of approval.

These have been included in City Council Resolution No. 24-28 and include new/modified provisions which were not considered by the Planning Commission, as noted below. All other conditions of approval included in the original project approval per City Council Resolution No. 20-26 remain unchanged, and applicable to the project, as modified.

The October 31, 2024 meeting of the Ad Hoc Committee as well as input from the City Attorney generated the following changes to the conditions of approval that were reviewed by the Planning Commission:
• Insert new provision, as modification to Approved Condition No. 89 pertaining to CCRs, stating a provision that prohibits Accessory Dwelling Units (ADUs) in certain portions of the project site from being built under the current ownership.

• Revised language for Live/Work leases and phasing, per Added Condition No.

1.d. in Resolution No, 24-28.

Resolution No. 24-28 Page 18 November 14, 2024
Ordinance No. 24-06
The complete list of the originally approved final conditions is included within City Council Resolution No. 20-26 (Attachment 5). The modified and added conditions of approval are included in City Council Resolution No. 24-27.

PLANNING COMMISSION PUBLIC HEARING & COMMENTS
On October 17, 2024, the Planning Commission conducted a public hearing on the proposed Project (24-DPM-02), which would modify the approved entitlements and potentially impact the approved DOR incentives. The Commission focused its review on: consistency with Avenue of Flags Specific Plan vision and standards; overall design aesthetics, including façade setbacks; site plan, circulation and building reconfiguration, including height increase aesthetics, introduction of new uses (Live-work), and revised approach to providing common area amenities whereby enhance amenities would be shared with Creekside Village’s companion project The 518. The Commission also considered the conceptual impact of the building height increase upon the Approved Project’s DOR program and introduction of the new live-work uses upon the final development plan.

The Commission: expressed overall favorable comments towards the modifications; felt that flexibility with the DOR terms would be warranted in the interest of getting the project constructed as soon as possible; and subsequently adopted Resolution 24-06 recommending approval of the project to the City Council. The Planning Commission staff report dated October 17, 2024 and Resolution No 24-06 are attached hereto as Attachments 7 and 8, respectively. Highlights of the Commissioners comments are reflected below:

1. Likes/positive comments:
a. Changes are positive; “liked” by all Commissioners. Great element for the downtown.
b. Consistent Art Deco architectural style between the 2 projects is appreciated; design consistency is a desirable element for AOF Specific Plan c. Retaining commercial use for dining is appreciated. Future conversion of live-work spaces to all commercial would be good option. d. Good blend of height increase, effective use of setbacks and sightlines, 4th floor is barely perceptible, well-hidden from view, does not look like a 4 story building.
e. Live-work spaces provide needed opportunities for small businesses. f. Shared amenities make sense and are logical.
g. (Creekside) A private patio on each unit makes a big difference.

2. Questions/requests:
a. Is it possible to keep wrought-iron detailing in modified project? (This was a decorative element in the Approved Project pedestrian bridge.) [Applicant

Resolution No. 24-28 Page 19 November 14, 2024
Ordinance No. 24-06
noted that this was an expensive feature that may not be included in the modified project]
b. Would like to see plant screening of adequate height at rear of accessory garage structures. [Staff: This was included in the Motion to recommend approval.]
c. Live/Work is interesting concept; how do the impact mitigation fees work? Are they collected per unit? [Staff: Live/Work use is an emerging trend and nuances are still being sorted out. Staff will look into how impact fees would be collected and report back to Planning Commission. This will be noted in the City Council Staff Report as well.]
d. Concern that Live/Work occupants are restricted to owner/operator; consider revising condition to allow full-time employees rather than just the owner to reside in the unit. [The conditions of approval have been revised to include full-time employees.]
e. What if business fails, would tenant lose their living space? How would this impact RHNA numbers? [Staff: as addressed in the conditions, tenants/occupants would have 6 months to vacate premises. The units are not counted in RHNA numbers.]
f. Was Live-Work previously all commercial? [Yes.] What type of businesses are allowed in Live-work? [Staff: the conditions specify the general types of business, which are in line with the vision of the Specific Plan.] g. (Creekside) Would bright white facades capture light, result in a lot of glare? [Staff: There is no significant change in color from the approved project.

Facades have articulation that offsets potential glare] was original parking underground? [Staff: No.]

RECOMMENDATION
That the City Council consider adoption of Resolution No. 24-28 – “A Resolution of the City Council of the City of Buellton, California, Approving a Development Plan Modification (24-DPM-02) to Final Development Plan (19-FDP-01) for the Creekside Village Mixed-Use Project, Located at 480 Avenue of Flags on Assessor’s Parcel Number 137-170-070, and Making Findings in Support Thereof” and Consider the introduction and first reading of Ordinance No. 24-06 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (20-DA-01-Amend#1) for the Creekside Village – Mixed-Use Development Project Located at 480 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” by title only and waive further reading.

Resolution No. 24-28 Page 20 November 14, 2024
Ordinance No. 24-06

ATTACHMENTS
Resolution No. 24-28
Ordinance No. 24-06 (Exhibit A)
Attachment 1: Vicinity Map
Attachment 2: Applicant’s DPM Request and Project Description (May 18, 2024) Attachment 3: 24-DPM-02 Modified Project plans (dated May 16, 2024, with subsequent revision of sheets T1, A4, A5, A6, A7, A8 and A24 dated July 9, 2024, and revision of sheets A8 & A9 submitted September 6, 2024) Attachment 4: Grading and Drainage Consistency Opinion Letter (February 6, 2024) Attachment 5: CC Resolution No. 20-26 (with Conditions of Approval) Attachment 6: Story Pole Waiver Request
Attachment 7: Planning Commission Staff Report dated October 17, 2024 Attachment 8: Planning Commission Resolution No. 24-06

RESOLUTION NO. 24-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUELLTON, CALIFORNIA, APPROVING A DEVELOPMENT
PLAN MODIFICATION (24-DPM-02) TO FINAL
DEVELOPMENT PLAN (19-FDP-01) FOR THE CREEKSIDE
VILLAGE MIXED-USE PROJECT, LOCATED AT 480
AVENUE OF FLAGS ON ASSESSOR’S PARCEL NUMBER
137-170-070, AND MAKING FINDINGS IN SUPPORT

THEREOF
BE IT RESOLVED by the City Council of the City of Buellton as follows:

SECTION 1: Pursuant to the Zoning Ordinance of the City of Buellton, a Development Plan Modification (DPM) application (24-DPM-02) has been filed on behalf of Edward St. George Revocable Trust, property owner, by Brandon Mann of MB Development Company (Agent/Applicant), requesting modifications to the previously-approved Final Development Plan (19-FDP-01) for development of “Creekside Village” mixed-use project, as herein modified, consisting of one mixed-use commercial and residential building, 47 feet in height to typical topof-parapet, with 61 dwelling units and 6,408 square feet of commercial and “work” space, town plaza corner courtyard, residential and bike storage, and 107 parking spaces on 1.64 acres of vacant land located at 480 Avenue of Flags, on the south-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-070 (the “Site”). Enhanced common area amenities (gym, business center, courtyard pool/ lounge area, additional roof/patio decks) would be physically available on-site, and shared with, Creekside Village’s companion project “The 518”, located across Second Street at 518 Avenue of Flags. The Site is located within the boundaries of the Avenue of Flags (AOF) Specific Plan; the underlying zoning is CR (General Commercial) zone with a General Plan land use designation of General Commercial.

SECTION 2: The previous approvals and related entitlements (hereinafter referred to as the “Approved Project”) were granted through the following discretionary actions:
• Planning Commission Resolution No. 20-05 (September 17, 2020) recommending approval of Final Development Plan (19-FDP-01); • City Council Resolution No. 20-26 (October 22, 2020) approval of 19-FDP-01 with modification for Building Façade Height Setback deviation; and participation in the AOF Specific Plan Development Opportunity Reserve (DOR) program, which provides development incentives for Reduced Parking and Residential Density in return for monetary deposits into a Public Benefit Fund • City Council Ordinance 20-07 approving Development Agreement 20-DA-01 (October 22, 2020 and November 12, 2020, 1st & 2nd readings) which implements the project approvals and memorializes terms of the DOR incentives and benefits.

Resolution No. 24-28 Page 2 November 14, 2024
SECTION 3: The Approved Project consists of:

Final Development Plan (19-FDP-01) for the construction of one mixed-use commercial and residential building that would provide 10,670 square feet of general commercial use and 64 multi-family residential units, with town plaza corner courtyard and 108 parking spaces. The new building would be three (3) stories at an average height of 38 feet, with tower elements extending to approximately 45 feet. Amenities include a ground level Town Plaza corner courtyard; and outdoor patios, landscaping and decorative hardscape areas, fitness center, bike room, club room, roof deck, and other site features for the residential uses. The Approved Project includes: plan modifications for building height and façade height deviations from code to allow for an increased three (3) foot building height overall, and an increased eight (8) foot building façade height along portions of the front and side facades; and development incentives for Reduced Parking (108 parking spaces rather than the 137 spaces otherwise required by code) and Residential Density (39 dwelling units per acre versus 15 units per acre baseline density).

SECTION 4: The proposed modifications (hereinafter referred to as the “Modified Project”) to the approved Project consist of the following land use application:

Development Plan Modification (24-DPM-02): Approval of a modification to the approved site plan, architectural elevations, floor plans, preliminary grading and drainage plan, landscaping and lighting plan sheets of 19-FDP-01 and City Council Resolution No. 20-26 (dated October 22, 2020) in order to allow for the following changes, as set forth in the Modified Project plans dated May 16, 2024, with subsequent revision of sheets T1, A4, A5, A6, A7, A8 and A24 dated July 9, 2024, and revision of sheets A8 & A9 submitted September 6, 2024:
• Revise building configuration and footprint (eliminating the indoor garage underneath the podium deck structure and reducing frontage along Second Street), parking layout and internal circulation, and reduce overall building square footage as set forth in Modified Project plans.
• Height increase of an additional 9 feet, for a cumulative height increase of 12 feet over the baseline 35-foot height allowed by code, including addition of a 4th Floor • Introduction of new live-work use on ground floor of Avenue of Flags frontage • Reduce the general commercial use from 10,670 to 1,092 square feet; add 5,316 square feet of new live/work commercial use; for a total commercial area of 6,408 square feet; this represents a substantial (40%) decrease in total commercial square footage and related parking requirement
• Reduce the overall residential density with a total of 61 dwelling units; resulting in a revised density of 37.2 dwelling units per acre.
• Reconfigure the parking and circulation layout; reduce parking from 108 approved spaces to 107 spaces, consistent with code standards. Note: the 108 approved parking spaces were granted via a DOR development incentive to allow for 29 less spaces than the 137 spaces required by Code.
• Provide additional landscaping, private patios for every residential unit, and enhanced common area amenities (gym, business center, courtyard pool/ lounge area, 3 large roof/patio decks) to be shared with Creekside Village’s companion project “The 518”.

Resolution No. 24-28 Page 3 November 14, 2024
The applicant is proposing the modifications to achieve economic viability, constructability and enhance design efficiencies while preserving the architectural character of the Project.

The modification request triggers the following changes which are considered to be outside the parameters of minor modifications” allowed pursuant to Section 5.5 of the approved Development Agreement (20-DA-01): height increase and change of use. City Council may consider action to amend the Development Agreement, including any potential changes to the DOR program, if it deems such action is warranted.

SECTION 5: 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 Planning Commission finds the following:

A. Record. Prior to rendering a decision on the Modified Project, the Planning Commission considered the following:

1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the City Council on November 14, 2024 (“CC Public Hearing”).

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

3. The following informational documents, which by reference, are incorporated herein:
a. The project file for 19-FDP-01 and the set of Modified Project plans dated May 16, 2024, with subsequent revision of sheets T1, A4, A5, A6, A7, A8 and A24 dated July 9, 2024, and revision of sheets A8 & A9 submitted September 6, 2024
b. The staff report dated November 14, 2024.

B. Public Review. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in the Buellton Zoning Ordinance have been lawfully satisfied:

1. A notice of CC Public Hearing was published in a newspaper of general circulation on October 31, 2024 (the “CC Public Notice”), a minimum of 10 days in advance of the CC Public Hearing conducted on November 14, 2024.

2. The CC Public Notice was mailed to the Applicant, affected public agencies, persons owning property within 300 feet of the Project site and others known to be interested in the matter on November 3, 2024, a minimum of 10 days in advance of the CC Public Hearing.

3. The CC Public Notice was posted in two public locations on November 4, 2024, a minimum of 10 days in advance of the CC Public Hearing.

Resolution No. 24-28 Page 4 November 14, 2024
C. Environmental Review. In accordance with the requirements of the California Environmental Quality Act, California Public Resources Code section 21000 et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15000 et seq., and the Environmental Impact Report Guidelines of the City of Buellton (collectively, “CEQA”), the Approved Project uses (19-FDP-01) were determined by City Council Resolution No. 22-07 to be consistent with and therefore were adequately addressed in the prior Mitigated Negative Declaration prepared for the Avenue of Flags Specific Plan pursuant to the California Environmental Quality Act.

The Modified Project (24-DPM-02) would be in substantial conformance with the Approved Project and would remain generally consistent (as conditioned herein) with the Specific Plan. Overall building size and intensity would be reduced without increasing residential density or unit counts; commercial square footage would be reduced. The proposed building height increase could potentially be accommodated by the DOR incentive program established by the Specific plan, and the new live-work use is an allowed land use the Specific Plan. Architectural design style, visual aesthetics and traffic impacts would remain consistent with the Approved Project.

Therefore, the Modified Project would not result in potential environmental impacts that were not addressed by the prior MND, and no changes are needed to the mitigation measures that are included in the conditions of approval for 19-FDP-01, as set forth in City Council Resolution No. 20-26.

D. Consistency Declarations Based on (i) the evidence presented in the Staff Report (incorporated herein by reference), (ii) consultations with affected City Departments and outside Agencies, (iii) testimony and comments received in connection with the public hearing and (iv) adoption of the attached change to the project approval and condition(s) of approval, the Planning Commission does hereby declare as follows:

1. That the previous findings for the Approved Project, Final Development Plan (19-FDP-01), remain valid. The Modified Project would be in substantial conformity with the approved project (19-FDP-01); the general site layout and location of the improvements are in a similar location, with a reduction in building footprint when compared to original approval.

Residential density remains the same, commercial uses are reduced and amenities have been reconfigured. The architectural character, street frontage presence and overall visual aesthetic of the development remain generally consistent with the Approved Project.

2. The Approved Project includes provision for a Building Height Modification (Municipal Code Section 19.08.120 (G), which allowed for a building height of 38 feet.
a. The approved modified building height represents a 3-foot height increase deviation over the 35-foot baseline height limit allowed by the Specific Plan.
b. The Modified Project would add another 9 feet, for a cumulative height increase of 12 feet, bringing the total building height to 47 feet. The proposed building height increase remains consistent with

Resolution No. 24-28 Page 5 November 14, 2024
the overall intent of the approved deviation and DOR terms; while the height increase represents a cumulatively greater deviation from the baseline height limit than was originally approved, this is considered to be off-set by elimination of the approved DOR incentive for reduced parking (no longer applicable to the Modified Project). . Thus, no changes are needed to the approved Building Height Modification or DOR terms.

3. The Approved Project includes provision for a Building Facade Height Setback Modification (Municipal Code Section 19.08.120 (G), which granted deviations from façade setbacks required by the Specific Plan. a. The approved façade setback modification affects the 3rd floor of the approved Project. It allows for an average 32% portion of the building façade heights at property lines to be setback less than 10 feet, which would deviate from the 10 foot setback requirement above the 30-foot height level. The Modified Project remains consistent insofar as a lesser portion (19%) of the facades deviate from the standard.
b. The Modified Project adds a 4th floor, on which 100% of the frontage would be setback greater than 10 feet from the property line, and would thus be entirely consistent with the Specific Plan requirement.

4. Except as addressed above, the modifications requested by 24-DPM-02 are generally in conformance with all applicable provisions and policies of the City General Plan and Zoning Ordinance, Municipal Code, the Avenue of Flags Specific Plan, and the approved development plan.

5. That the proposed modifications are in conformance with the Avenue of Flags Specific Plan, including the Art Deco architectural style as described in the Specific Plan and with applicable Community Design Guidelines

6. That the changes to the approved development plan will be aesthetically compatible with the existing surrounding character of the area and with the surrounding land uses.

7. That the changes will not conflict with any easements required for public access through, or use of, a portion of the property as none exist on this property.

Resolution No. 24-28 Page 6 November 14, 2024
SECTION 6: Based on the findings set forth in Sections 5, and subject to the conditions attached hereto, the City Council hereby approves Development Plan Modification (24-DPM02) to Final Development Plan (19-FDP-01) for the Creekside Village Mixed-Use Project located at 480 Avenue of Flags.

PASSED, APPROVED and ADOPTED this 14th day of November, 2024. ________________________________
Dave King
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk

Resolution No. 24-28 Page 7 November 14, 2024
______________________________________________________________________________ I, Linda Reid, City Clerk of the City of Buellton, do hereby certify that the foregoing Resolution No. 24-28 was duly adopted by the City Council of the City of Buellton at the regular meeting held on the 14th day of November, 2024 by the following vote of the Council:

AYES: 0
NOES: 0
ABSENT: 0
ABSTAIN: 0
____________________________________
Linda Reid
City Clerk

Resolution No. 24-28 Page 8 November 14, 2024

CREEKSIDE VILLAGE MIXED-USE DEVELOPMENT
DEVELOPMENT PLAN MODIFICATION 24-DPM-02

MODIFIED CONDITIONS OF APPROVAL
Applicable to
FINAL DEVELOPMENT PLAN 19-FDP-01
(CC Resolution No. 20-26)

1. Project Description. The approval granted herein is based upon and limited to compliance with the Project Description and conditions of approval set forth below. The Project Description is as follows: This Project is a request by Brandon Mann of MB Development Company (“Agent/Applicant”), on behalf of current property owner Edward St. George Revocable Trust (“Owner”), for approval of a Development Plan Modification (24- DPM-02) (“Application”) to the previously approved Final Development Plan (19-FDP01) (“Approved Project”, “Creekside Village”) for development of a mixed-use project, as herein modified (the “Modified Project”) consisting of one mixed-use commercial and residential building, 47 feet in height to typical top-of-parapet, with 61 dwelling units and 6,408 square feet of commercial space, town plaza corner courtyard, residential and bike storage, and 107 parking spaces on 1.64 acres of vacant land located at 480 Avenue of Flags, on the south-east corner of its intersection with Second Street, Assessor’s Parcel Number 137-170-070 (the “Site”). Enhanced common area amenities (gym, business center, courtyard pool/ lounge area, additional roof/patio decks) would be physically available on-site, and shared with, Creekside Village’s companion project “The 518”, located across Second Street at 518 Avenue of Flags.

The Modified Project plans that are included in this approval are dated May 16, 2024, with subsequent revision of sheets T1, A4, A5, A6, A7, A8 and A24 dated July 9, 2024, and revision of sheets A8 & A9 submitted September 6, 2024. The approved color palette is shown on the color and materials digital images in the Project plans. Any deviations from the Project Description, Modified Project plans, 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.

68. Architectural Design. The Project is designed as Art Deco. The architectural design of the buildings shall conform to that shown on the Modified Project plans, which include:
architectural elevations; the color and materials board submitted (image sheets included in the plans); and the color 3D Illustrations. The Art Deco design style, color and materials utilized for the Modified Project, including the new 4th floor addition, shall be consistent with the approved overall building design. Accordingly, prior to receiving Zoning Clearance, Art Deco decorative elements and architectural character details shall be reflected on project construction plans for the 4th Floor.

70. Trash Enclosure Design. The Trash Enclosure design shall be approved by MarBorg

Resolution No. 24-28 Page 9 November 14, 2024
Industries. The color and materials utilized for the Project’s trash enclosure shall be consistent with the overall building design.

77. Approval. Approval of 24-DPM-02 (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.

79. Parking. A total number of 107 parking spaces, including 3 handicapped accessible spaces, plus 1 loading space must be provided for the Project. All parking spaces shall be striped in accordance with City of Buellton standards prior to issuance of the occupancy permit.

In the event there are future revisions to the project plans, including changes requested for life safety purposes, minimum parking ratios and total parking spaces required shall be maintained in accordance with BMC 19.04.140.

80. Signage. A maximum aggregate sign area of 451 square feet is allowed for the Project.

Any proposed sign lighting shall be dark-sky friendly. A separate sign permit will need to be submitted prior to Zoning Clearance and signage design shall be in substantial conformance with the Conceptual Signage Plan, date-stamped August 7, 2020, and as applicable to the Modified Project Plans.

The sign permit application shall include a Master Sign Program reflecting design details and dimensions for all proposed signage (wall, awning, building identification, suspended/ projecting, tenant/building directory, individual tenant, door, window, directory, etc.) and in sufficient detail to allow for calculation of compliance with the City’s Sign Ordinance (Municipal Code Section 19.04). Sign lighting details and specifications shall be included.

All signage and sign lighting shall be consistent with the Art Deco design theme. A Minor Use Permit will be required if the overall proposed sign area exceeds 400 square feet.

84. Light Intensities. All exterior lighting to be hooded and dark-sky friendly; documentation to support dark-sky friendly fixtures shall be provided, as applicable. Prior to Zoning Clearance, a Photometric Lighting Plan shall be required to demonstrate compliance with performance standards applicable to outdoor lighting for mixed-use projects (BMC §

19.18.024). This shall apply to wall-mounted exterior lighting on ground, 1st, 2nd, 3rd and 4th floors, as well as perimeter lighting, path lighting, and security lighting in the exterior parking lot. All exterior lighting, including parking lot and security lighting, shall be hooded and no unobstructed beam of exterior light shall be directed toward any area zoned or developed residentially. Lighting shall be designed so as not to interfere with vehicular traffic on any portion of a street.

88. Privacy Screening. Condition No. 88 is DELETED as it no longer applies to the Modified Project.)

Resolution No. 24-28 Page 10 November 14, 2024

89. Covenants, Conditions & Restrictions (CC&Rs). CC&Rs are required for all mixeduse projects and shall include provisions notifying future residential tenants and owners of the potential noise and nuisance impacts of living in a mixed-use project.

No Accessory Dwelling Units may be constructed while the Developer owns the subject property. Should the property be sold or ownership otherwise transferred to another entity, Accessory Dwelling Units may be constructed within existing habitable space, pursuant to State Law. No Accessory Dwelling Units may be constructed within areas shown as storage on the approved Floor Plans dated July 9, 2024, or within any parking area, to include covered or enclosed parking.

In addition, provisions for Irrevocable Reciprocal Access for Shared Amenities shall be included in the CC&Rs. These restrictions shall be included in the Final CC&Rs for the project. Prior to Certificate of Occupancy, a draft of the CC&Rs shall be submitted to the Planning Director for review and approval.

90. Development Opportunity Reserve (DOR) Terms.

INCENTIVES
Parking Reduction
The Parking Reduction incentive is deleted as it no longer applies as stated to the Modified Project.

Building Height
The Modified Project would add another 9 feet of building height, for a cumulative height increase of 12 feet, bringing the total building height to 47 feet. The proposed building height increase remains consistent with the overall intent of the approved project, building height modification and DOR terms; while the height increase represents a cumulatively greater deviation from the baseline height limit than was originally approved, this is considered to be off-set by elimination of the approved DOR incentive for reduced parking (no longer applicable to the Modified Project).

91. Development Agreement. Prior to issuance of a Zoning Clearance or grading permit, Applicant shall, as may be applicable, enter into a modification to the development agreement in order to implement the final conditions of approval for 24-DPM-02; the agreement modifications shall be recorded against the property. As per Condition 78, the development agreement, and any modifications thereto, shall govern the duration of the approvals.

Resolution No. 24-28 Page 11 November 14, 2024

ADDED CONDITIONS OF APPROVAL
Applicable to CREEKSIDE VILLAGE
FINAL DEVELOPMENT PLAN 19-FDP-01
(CC Resolution No. 20-26)

1. Live/Work Uses. Three (3) units of new Live/Work uses would be located on the ground floor along the Avenue of Flags frontage. The units would include combined space for both commercial uses and residential quarters. In order to implement the vision and development standards of the Avenue of Flags Specific Plan, the following conditions of approval apply to the Live/work units:
a) Given that strictly residential uses are not allowed on the ground floor of building frontages along Avenue of Flags, the “live” portions of the units shall not be located on the street facing side of the units. No future conversion to all residential use would be permitted in the Live/work spaces.
b) The Live/work units shall have a storefront presence and serve to activate the streetscape. The units shall appear, and function, the same as traditional commercial frontages, with welcoming facades and pedestrian-oriented commercial uses such as shops, restaurants and services. Prospective tenants shall consist of the following, or similar, types of uses as deemed appropriate by the Planning Director: Coffee Shops, Juice Bars, Sandwich Shops, Wine/beer Tasting, Yoga Studios, Hair Salons/Barber Shops, Boutique Retail Shops, Specialty Markets/Merchandise, Real Estate offices, Handicraft & Art Studios, Financial Services, Personal Services, Business Support Services, and Medical Services. c) The Live-work units shall be designed and operated as primarily commercial uses, each with an accessory residential area; this shall be reflected in the Modified Project plans. Typical layouts for the residential portion of the live-work units shall be shown. The Live-work units shall be considered commercial space and shall not be allowed to convert to all residential use at any time in the future, and the “live” component of each unit shall not be allowed to occupy any greater residential space within each unit than what is shown on the Modified Project plans. d) Leasing and Phasing of the Live-work units shall be as follows:
• Tenants shall be required to execute a commercial lease agreement for the leased premises.
• Allowed usages of the leased premises shall be defined specifically for the intended trade or business of the Tenant. Additional allowed usages of the leased premises shall also be defined to allow for the residential usages for the Tenant themselves (including full-time employees), the Tenant’s principal majority owner or a designated corporate officer and must

Resolution No. 24-28 Page 12 November 14, 2024
contain provisions stating that residential usage is strictly coincidentally allowable under the conditions that:
o The designated commercial activity is operational and open for business activity, or;
o The designated commercial is in a start-up phase and
within the first 6 months of the lease agreement.
• A maximum of 3 full-time equivalent employees may be permitted for each unit.
• Tenants shall be required to submit an application for Zoning Clearance – New Business to the City of Buellton and receive formal approval prior to taking possession of the leased premises.
• If the Tenant’s intended trade or business as defined in the commercial lease agreement cease to operate for a period exceeding 6 months, the commercial lease agreement shall be considered terminated and the occupants shall be required to vacate the leased premises immediately. e) The Live-work units approved as part of this project are not considered to be housing units for the purpose of providing housing under the City of Buellton 2023-2031 Housing Element to the General Plan. Any applicable amendments to the Affordable Housing Agreement shall be recorded on the property prior to receiving Zoning Clearance. The Live-Work units approved as part of this project not subject to any residential tenant protection laws or ordinances, including but not limited to the California Civil Code Sections 1940-1954.05, and the City of Buellton Municipal Code. The parties further understand that the Live-Work Units are intended for commercial use, and that the nature of the tenancy does not fall under the protections typically afforded to residential tenants. Tenants will not be afforded any rights or protections that may otherwise be available under California’s residential tenant protection laws or the City of Buellton ordinances.

2. Shared Amenities. Enhanced common area amenities (gym, business center, courtyard pool/ lounge area, additional roof/patio decks) would be physically available on-site, and shared with, Creekside Village’s companion project “The 518”, located across Second Street at 518 Avenue of Flags.

Prior to receiving Final Occupancy clearance:
a) An Irrevocable Reciprocal Access Agreement for Shared Amenities shall be recorded on the property for both The 518 and Creekside Village projects, granting equivalent shared access to common area amenities for residents of both projects. Prior to recordation, the proposed Irrevocable Reciprocal Access Agreement shall be submitted to the Planning Director for review and approval, and shall describe the amenities available, hours of operation and management oversight responsibility.
b) Provisions for Irrevocable Reciprocal Access for Shared Amenities shall be included in the Covenants, Conditions & Restrictions (CC&Rs) for both Projects; a draft of the CC&Rs shall be submitted to the Planning Director for review and approval.

Resolution No. 24-28 Page 13 November 14, 2024
Project Applicant/Property Owner Acknowledgement of Required Conditions of Approval Property Owner Signature Date
Project Applicant/Agent/Representative Signature Date

ORDINANCE NO. 24-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, APPROVING THE FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT (20-DA01 – AMEND #1) FOR THE CREEKSIDE VILLAGE – MIXED-USE DEVELOPMENT PROJECT LOCATED AT 480

AVENUE OF FLAGS AND AUTHORIZING EXECUTION

OF THE FIRST AMENDMENT BY THE CITY MANAGER
WHEREAS, the City Council approved an application to the City of Buellton requesting approval of a development agreement (20-DA-01) for the Creekside Village – Mixed Use Development project, located at 480 Avenue of Flags; and WHEREAS, the Developer also submitted a request for a Final Development Plan (19- FDP-01) and a Lot Line Adjustment (19-LLA-01); and
WHEREAS, collectively, 20-DA-01, Final Development Plan 19-FDP-01 and Lot Line Adjustment 19-LLA-01 constitute the “Project”; and
WHEREAS, the Developer, Edward St. George Revocable Trust, has submitted an application for the modification of the Project, to include a first amendment to 20-DA 01; and WHEREAS, the Project Site is located within the Avenue of Flags Specific Plan (“Specific Plan”) area, which Specific Plan was adopted concurrently with a Mitigated Negative Declaration (“MND”) prepared pursuant to the California Environmental Quality Act (“CEQA”) that comprehensively studied the growth and impacts of the Specific Plan including but not limited to the impacts anticipated by all uses proposed as part of the Project; and WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, the Planning Commission held a public hearing on the Project at its regular meeting of October 17, 2024, and considered the substance of the first amendment to 20-DA-01 along with the other aspects of the Project and did recommend approval of the Project to the City Council; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site on November 3, 2024 and published it in the Santa Ynez Valley Times on October 31, 2024; and
WHEREAS, the City Council held a public hearing at its regular meeting of November 14, 2024, to consider the Project, including the first amendment to 20-DA-01 and considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project and studied the compatibility of this request with adjacent land uses; and

Ordinance No. 24-06 Page 2 November 14, 2024
WHEREAS, the City found that the Project is consistent with the MND prepared for the Specific Plan and therefore no additional review under CEQA is necessary for the Project.

NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Buellton:

Section 1.

Based on the project materials, the staff report and all attachments, written and oral testimony and comments and all other information presented, hereby finds that with respect to Buellton Municipal Code Section 19.08.130:

1. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the Zoning Code of the City of Buellton, in the City’s General Plan, and in the Specific Plan.

The proposed development agreement is consistent with the objectives, policies, general land uses, and programs set forth in the Buellton General Plan and the Specific Plan, including:
a. The economic development tool, “Development Opportunity Reserve,” included in the Avenue of Flags Specific Plan to incentivize property owners to provide a public good in return to receive some benefit or reduction in standards as part of their development.
b. The Land Use element of the General Plan which identifies the Avenue of Flags as an area that requires special consideration, and includes policy direction that guides future development in the area with a focus a variety of land uses, including mixed use development with the goal to revitalize the Avenue of Flags as an identifiable downtown and place for visitors and residents alike.
c. The Economic Development Element of the General Plan which includes a goal to continue to support and encourage economic revitalization of the Avenue of Flags commercial corridor and where appropriate, encourages that incentives are used to encourage and assist the private sector to maintain and revitalize this area.
d. The Guiding Principles listed in the Avenue of Flags Specific Plan, including to create a unique business and residential attraction for Buellton and the surrounding area within the Santa Ynez Valley (1.1), base the future development pattern on a form-based code based on economic opportunity, parcel location and size, rather than on a traditional zoning code that separates land uses and establishes rigid standards that may not be achievable (2.1), and provide for mixed-use area including retail, housing, public buildings, and opportunities for public events (3.1).

Ordinance No. 24-06 Page 3 November 14, 2024
Section 2.

Based on the project materials, the staff report and all attachments, written and oral testimony and comments and all other information presented, hereby additionally finds:

1. The first amendment to development agreement will not be detrimental to the health, safety and general welfare of the residents of the City.

As set forth above, the first amendment to the development agreement, along with the remainder of the Project, is consistent with the MND prepared to guide the implementation of the Specific Plan. The MND is incorporated by reference as the basis for the City Council’s finding that the first amendment to the development agreement will not be detrimental to the health, safety and general welfare of the residents of the City.

2. The first amendment to the development agreement will not adversely affect the orderly development of property or the preservation of property values.

The first amendment to the development agreement will not adversely affect the orderly development of property or the preservation of property values insomuch as it will allow for the development of the Project Site consistent with the Specific Plan and in furtherance of the Specific Plan’s goal to create a vibrant downtown core with a thriving mix of land uses and public activity.

3. The first amendment to the development agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.

The first amendment to the development agreement is consistent with the identified provisions of the Government Code in that, among other things, it is being entered into between the City and the entity holding legal title to the Project Site (Government Code Section 65865); it includes provisions for annual review of the agreement (Government Code Section 65865.1); it specifies the agreement’s duration, permitted uses of the property, density, provisions for dedication of land for public purposes (Government Code Section 65865.2); and its substance has been considered at public hearings of both the Planning Commission and City Council prior to final action (Government Code Section 65867).

Section 3.

City Council hereby approves and authorizes the City Manager to execute the first amendment to Development Agreement (20-DA-01) in the form attached hereto as Exhibit ‘A’ and made a part of this ordinance.

Ordinance No. 24-06 Page 4 November 14, 2024
Section 4.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

Section 5.

The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED this _______ day of ___________, 2024. _____________________________________
Dave King
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk

Recording Requested By
And When Recorded Return to:

EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code § 6103

FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT (21-DA-01)

BETWEEN
THE CITY OF BUELLTON AND EDWARD ST. GEORGE REVOCABLE TRUST (successor to Creekside Village (AOF), LLC)
ORDINANCE # 24-06, EFFECTIVE [___________], 2024

THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS

OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE 65868.5

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (21-DA-01)
This First Amendment to Development Agreement (the “Amendment”) is made and entered into as of ________, 202_, by and among the CITY OF BUELLTON, a municipal corporation (referred to hereinafter as “City”) and THE EDWARD ST.

GEORGE REVOCABLE TRUST (successor to Creekside Village (AOF), LLC) (referred to hereinafter as “Developer”). City and Developer are referred to hereinafter individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements contained in this Amendment, City and Developer agree as follows:

1. Recitals.

1.1 On November 12, 2020, the City Council adopted Ordinance No. 20-07, approving a Development Agreement (20-DA-01) (the “Agreement”) for the Creekside Village – Mixed Use Development Project located at 480 Avenue of Flags, and authorizing the City Manager to execute the Agreement.

1.2 City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to the Agreement and this Amendment is fair, just and reasonable and that the Agreement as amended is consistent with the General Plan of City.

1.3 On November 14, 2024, the City Council of City ("City Council") commenced a duly noticed public hearing on this Amendment, and at the conclusion of the hearing approved this Amendment by Ordinance No. 24-06 ("the Enabling Ordinance").

2. Original Development Agreement Provisions. All of the provisions of the executed Agreement (20-DA-01) shall continue to apply, unless modified herein.

3. Amendments to the Agreement.

1. Section 4 (Development of the Property) of the Agreement is hereby amended to read as follows:

4. Development of the Property. The following provisions shall govern the development and use of the Property.

4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are authorized by City zoning code, Prior Approvals, as may be modified, and as otherwise set forth in this Agreement, including, but not limited to, a mixed use development with up to 44 total residential units, 6,408 square feet of general commercial space, and parking.

4.1.1. Accessory Dwelling Units. No Accessory Dwelling Units may be constructed while the Developer owns the subject property. Should the property be sold or ownership otherwise transferred to another entity, Accessory Dwelling Units may be

constructed within existing habitable space, pursuant to State Law. No Accessory Dwelling Units may be constructed within areas shown as storage on the approved Floor Plans dated July 9, 2024, or within any parking area, to include covered or enclosed parking.

4.2 Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Prior Approvals and this Agreement. Notwithstanding the foregoing, the Project is relieved from the following development standards to the extent described herein and in consideration for the public benefits described herein:
(a) Density. The Property may be developed with up to 61 residential units, for a residential density of up to 37.2 dwelling units per acre. (b) Building Height. The Property may be developed to four (4) stories with a maximum building height of 47 feet, 11 inches. Maximum building height shall be calculated using the method found in Buellton Municipal Code Section 19.04.110. For the purposes of building height exceptions per BMC Section 19.04.110 B, the following structures shall be considered architectural features and may be up to 50 feet in height: solar equipment, HVAC, mechanical equipment, AC condensers, elevators and stair housings, decorative towers, flagpoles, and other similar equipment and structures.

4.3 Building Standards. Each instance of permitted construction activity on the Property shall adhere to any federal or state building requirements, municipal building codes and/or regulations (collectively "the Building Codes") in effect at the time of the earlier of the plan check approval or permit approval for each said instance of construction activity.

4.4 Reservations and Dedications. All reservations and dedications of land for public purposes, if any, applicable to the Property are set forth in the Prior Approvals and this Agreement.

4.5 Compliance with Affordable Housing Standards. An Affordable Housing Agreement between the Parties, meeting the provisions of Buellton Municipal Code Section 19.16.040, or other requirements as may be deemed acceptable to the City Council, shall be approved by the City Council and executed prior to Zoning Clearance for Development Plan Modification No. 24-DPM-02 to Final Development Plan No. 19- FDP-01. Building Permits shall not be issued until such Agreement is recorded against the property.

2. Section 6.3 (Anticipated Development Timeline) of the Agreement is hereby amended to read as follows:

6.3 Anticipated Development Timeline
Notwithstanding the term of the Prior Approvals set forth in Section 5.3 and fully understanding that this Agreement was entered into in order to provide Developer

flexibility in the timing of development as well as certain other benefits enumerated herein, Developer anticipates undertaking the Project with the following timeline:
(a) Submit building plans for approval by the County of Santa Barbara within six (6) months of execution of this Amendment.
(b) Commence construction or grading within eighteen (18) months of execution of this Amendment.

3. Section 6.3.1 (Additional Public Benefit Fund Payments) of the Agreement is hereby added to read as follows:

6.3.1 Additional Public Benefit Fund Payments
Failure of the Developer to meet the timeline described in Section 6.3, above, will result in additional payments to the Public Benefit Fund described in Section 6.4, below, as follows:
(a) an additional payment of Fifty Thousand Dollars ($50,000) to the Public Benefit Fund due on the day following the deadline established in Section 6.3 (a) and/or 6.3 (b); and
(b) an additional payment of Fifty Thousand Dollars ($50,000) to the Public Benefit Fund each six months after the deadline, until the action required in the deadline has been met.

IN WITNESS WHEREOF, Developer and City of Buellton have executed this Development Agreement on the date first above written.

OWNER:

St. George, as Co-Tenant
Edward St. George, Trustee
Of the Edward St. George Revocable Trust, dated May 16th, 2022 Mannbayar, LLC d.b.a MB Development Company, as Co-Tenant a California Limited Liability Company
By:

Name: Brandon Mann
Its: Manager
CITY OF BUELLTON:

By:___________________________
Dave King, Mayor
ATTEST
______________________________
Linda Reid, City Clerk
APPROVED AS TO FORM:
______________________________
Gregory M. Murphy, City Attorney

Exhibit 1-A
Property Legal Description
The land referred to herein is situated in the State of California, County of Santa Barbara and described as follows:

THAT PORTION OF THAT CERTAIN 445 ACRE TRACT OF LAND MARKED "EMILY BUELL", AS SHOWN UPON MAP OF DIVISION OF R. T. BUELL

RANCH, BEING A PORTION OF RANCHO SAN CARLOS DE JONATA IN THE

CITY OF BUELLTON, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, FILED IN BOOK 11 AT PAGE 165 OF MAPS AND SURVEYS, RECORDS OF SAID SANTA BARBARA COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2 INCH PIPE OF THE SOUTHEASTERLY LINE OF

THE NEW STATE HIGHWAY RIGHT OF WAY AS IT NOW EXISTS, BEING ALSO

THE MOST WESTERLY CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO JAMES PEKAR, ET UX., RECORDED MARCH 26, 1953 IN BOOK 1140, AT PAGE 262 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 4948; THENCE ALONG THE SOUTHWESTERLY LINE OF THE PEKAR TRACT, SOUTH 62° 17' EAST 265 FEET TO FOUND 1/2 INCH SURVEY PIPE ON THE MOST SOUTHERLY CORNER OF SAID TRACT; THENCE SOUTH 27° 43' WEST 200.08 FOOT TO A SET 1/2 INCH SURVEY PIPE ON THE NORTHEASTERLY LINE OF A 60 FOOT ROAD EASEMENT AS GRANTED TO LEON A. ROESER, BY DEED RECORDED MAY 5, 1949 IN BOOK 852 AT PAGE 73 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 5561; THENCE ALONG THE NORTHEASTERLY LINE OF SAID EASEMENT, NORTH 62° 17' WEST 265 FEET TO A SET 1/2 INCH SURVEY

PIPE ON THE SOUTHEASTERLY LINE OF THE NEW STATE HIGHWAY RIGHT OF WAY AS IT NOW EXISTS; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 27° 43' EAST 200.08 FEET TO THE POINT OF BEGINNING.

THE LAND HEREIN DESCRIBED IS SHOWN ON A MAP OF SURVEY FILED IN BOOK 36, PAGE 10 OF RECORD OF SURVEYS.

APN: 137-170-006
(End of Legal Description)

Exhibit 1-B
Existing Site Plan
(Attached)

Exhibit 2
[Development Plan]
(Attached)

Updated 6/20
107 W. Highway 246 P.O. Box 1819 Buellton, CA 93427 t:805.688.7474 www.cityofbuellton.com

PROJECT LOCATION _____________________________________________________________________ (Address)
SITE ZONING_____________________ SITE ASSESSOR’S PARCEL NO._________________________ PROJECT DESCRIPTION __________________________________________________________________ _________________________________________________________________________________________ Describe the project in detail. Indicate any proposed activities, type of goods or services to be offered, number of employees anticipated, hours and days of operation, and any other details of the proposed use that may be relevant to a good general description of the proposed land use; attach additional sheets if needed.

PERMITS AND APPROVAL REQUESTED
□ LAND USE EXEMPTION (LUE) □ VARIANCE
□ HOME OCCUPATION (HO) □ LOT LINE ADJUSTMENT (LLA)
□ ZONING CLEARANCE (ZC) □ SUBDIVISION/TENTATIVE PARCEL MAP (TPM) □ ZC - BUSINESS (NEW/CHANGE) □ SIGN APPROVAL
□ ZC - ACCESSORY DWELLING UNIT (ADU) □ SUBDIVISION/TENTATIVE TRACT MAP (TTM) □ TEMPORARY USE PERMIT (TUP) □ CONDOMINIUM CONVERSION
□ MINOR USE PERMIT (MUP) □ GENERALPLANAMENDMENT(GPA)
□ CONDITIONAL USE PERMIT (CUP) □ SPECIFIC PLAN (SP)
□ USE PERMIT MODIFICATION □ ANNEXATION
□ CONCEPTUAL REVIEW □ ZONING ORDINANCE AMENDMENT (ZOA)
□ PRELIMINARY DEVELOPMENT PLAN (PDP) □ TIME EXTENSION (TE) □ FINAL DEVELOPMENT PLAN (FDP) □ APPEAL
□ DEVELOPMENT AGREEMENT
□
□
□ OTHER: __________________________________
□ DEVELOPMENT PLAN MODIFICATION (DPM)
_____________________________
The City charges 100% of its costs of processing to the applicant. Prior to receiving any permits, applicant shall □ reimburse City for all processing costs. The City will review the application for completeness and will notify the applicant within 30 days of submittal of a complete or incomplete application.

INFORMATION TO BE SUBMITTED WITH THIS APPLICATION
□ Application Fee/Deposit
□ Items listed in the applicable checklist (available from the Planning Department) □ Any other information that will help to explain your proposal or better clarify your particular situation CASE NUMBER: _________________________
City of Buellton Planning Department
Project Application Form
□ I DECLARE THAT I AM THE APPLICANT, OWNER, LESSEE, OR ATTORNEY OF THE OWNER,

AGENT, OR PERSON WITH THE POWER OF ATTORNEY FROM THE OWNER OF THE ABOVE

PROPERTY INVOLVED IN THIS APPLICATION, AND THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE AND ACCURATE. THIS DECLARATION IS ALSO INTENDED TO APPLY TO

ALL TRANSACTIONS WITH THE SANTA BARBARA COUNTY PLANNING AND DEVELOPMENT DEPARTMENT RELATED TO BUILDING PERMIT ISSUANCE.

PROPERTY OWNER CONTACT INFORMATION
Name Creekside Village (AoF), LLC c/o Brandon Mann
Phone 805-245-8095
Address 26500 Agoura Road, #102-316
Calabasas, CA 91302
E-Mail [email protected] Property Owner Signature (Required) Updated 6/20
2/9/24
Date
AUTHORIZATION: I, ___________ ___, HEREBY AUTHORIZE. ____________ _ TO ACT AS MY AGENT AND TO BrND ME IN ALL MATTERS CONCERNING THIS APPLICATION.

Authorization Sig11ature: A copy of the Contract, lease Agreement or other similar document may be accepted in lieu of property owner signature if the agreement authorizes the applicant to proceed with the proposed project.

Proof of Ownership: If the project is owned by LLC, corporation, partnership, or trust, an ownership disclosure is required. The disclosure must list the name and addresses of the principal owners (25% or greater) and attach a copy of the current corporate articles partnership agreement, or trust document as applicable.

AGENT CONTACT INFORMATION
Name __________________ _
Phone _________________ _
Address _________________ _
E-Mail ________________ _ Applicant Signature Date
Please see below information regarding Disability Access Laws.

Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:

The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx.

The Department of Rehabilitation at www.rehab.cahwnet.gov.

The California Commission on Disability Access at www.ccda.ca.gov.

OFFICIAL USE ONLY
Application Fee/Deposit Rec'd: _____________ _
Payment Processing Agreement Rec'd: ______ _
Acct.#: _________ _
C&D Application Received: _________ _
FOG/Industrial Discharge Rec·d: _______ _
Date Deemed Complete: __________ _
Fire Dept. Review: ___________ _
107 W. Highway 246. P.O. Box 1819. Buellton, CA 93427 • t:805.688.7474. www.cityofbuellton.com

TITLE SHEET
480 AVENUE OF FLAGS
PERSPECTIVE VIEW - From Corner of Avenue of the Flags
SITE
DAMASSA RD.

AVE. OF FLAGS
101 FREEWAY

PROJECT DIRECTORY
APPLICANT: MB DEVELOPMENT COMPANY 26500 AGOURA
ROAD, SUITE 102-316 CALABASAS, CA 91302
CONTACT: BRANDON MANN
PHONE: (805) 245-8095
EMAIL: [email protected]
ARCHITECT: RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
CONTACT: SCOTT MARTIN
PHONE: (805) 543-1794
EMAIL: [email protected]
CIVIL ENGINEER: BETHEL ENGINEERING
2624 AIRPARK DR.

SANTA MARIA, CA 93455
CONTACT: ANTHONY GUERRERO
PHONE: (805) 934-5767
EMAIL: [email protected]
PROJECT ADDRESS: 518 AVENUE OF THE FLAGS, BUELLTON, CA
APN: 137-170-042, 137-170-043

SHEET INDEX
T1 TITLE SHEET / PROJECT STATS
A2 EXISTING SITE SURVEY
A3 ARCHITECTURAL SITE PLAN - APPROVED
A4 ARCHITECTURAL SITE PLAN - REVISED
A5 FLOOR PLANS - SECOND FLOORS
A6 FLOOR PLANS - THIRD FLOORS
A7 FLOOR PLAN - FOURTH FLOOR
A8 AVE OF FLAGS ELEVATIONS
A9 SECOND STREET ELEVATIONS
A10 BUILDING SECTIONS
A11 BUILDING SECTIONS
A12 AVE OF FLAGS STREET SCENE
A13 MATERIAL BOARD - APPROVED
A14 MATERIAL BOARD - REVISED
A15 COLOR AND MATERIAL BOARD
A16 CORNER SKETCH
A17 ROOF TOP DECK SKETCH
A18 TRASH ENCLOSURE
A19 SOLAR CARPORTS
A20 LANDSCAPE PLAN
A21 LANDSCAPE VIGNETTE
A22 PROJECT AMENITIES
A23 LIGHTING STANDARDS
A24 GROUND FLOOR LIGHTING PLAN
A25 UPPER FLOOR LIGHTING PLANS

PROJECT STATISTICS

PROPOSED APPROVED

ZONING C-R GENERAL COMMERCIAL C-R GENERAL COMMERCIAL
SPECIFIC PLAN DISTRICT #4 CIVIC GALLERY, PLANNING UNIT E-5 #4 CIVIC GALLERY, PLANNING UNIT E-5

CONSTRUCTION TYPE VA IIIA
SPRINKLERS NFPA 13 NFPA 13
PARCEL SIZE: 1.64 ACRES (71,352 SF) 1.64 ACRES (71,352 SF) DENSITY ALLOWED: 25-40 DU/ACRE 25-40 DU/ACRE
DENSITY PROPOSED: 39 DU (64/1.64 ACRE) 39 DU (64/1.64 ACRE) TOTAL GROSS BUILDING AREA 55,206 SF 89,730 SF

MIXED USE GROUND FLOOR
AREA
COMMERCIAL = 1,092 SF
LIVE WORK = 5,316 SF (2,616 SF WORK)
AMENITIES/BUS. CENTER = 1,859 SF
STORAGE/MECH = 4,583 SF
CIRCULATION = 650 SF
GARAGES = 1,750 SF
COMMERCIAL = 10,670 SF
AMENITIES = 2,950 SF
STORAGE/MECH = 2,470 SF
CIRCULATION = 1,250 SF
1ST FLOOR AREA 15,250 SF (21.3% LOT COVERAGE) 17,340 SF RESIDENTIAL 2ND FLOOR AREA 16,080 SF 38,710 SF
RESIDENTIAL 3RD FLOOR AREA 16,080 SF 33,670 SF
RESIDENTIAL 4TH FLOOR AREA 7,796 SF
OPEN SPACE REQUIRED: 250 SF / UNIT = 16,000 S.F. 250 SF / UNIT = 16,000 S.F.

OPEN SPACE PROPOSED: 18,369 SF 16,170 SF
LANDSCAPING REQUIRED: 10,703 SF (15% OF NET SITE AREA) 10,703 SF (15% OF NET SITE AREA) LANDSCAPING PROPOSED:
(25% MAX HARDSCAPE)
12,096 SF 8,582 SF +2,430 ( 23% HARDSCAPE
ALLOWANCE.)
TOTAL LANDSCAPING: 12,096 SF 11,012 SF
MAX. ALLOWED HEIGHT: 35’-0” (50’ W/ DOR INCENTIVE) 35’-0” (50’ W/ DOR INCENTIVE) MAX. PROPOSED HEIGHT: 47’-0” FT. (TYPICAL PARAPET) 38’-0”

BUILDING SETBACKS REQUIRED PROPOSED APPROVED
FRONT 0’ 0’ 1’
SIDE 0’ 3’-10’ 1’
REAR 50’ MIN CREEK 205’ MIN, VARIES 118’ MIN TO 142’

VICINITY MAP PROJECT UNITS AND PARKING

PROPOSED APPROVED

AUTO PARKING CALCULATION SPACE
COUNT
PARKING REQUIRED:

RESIDENTIAL 1/STUDIO = 8 UNITS * 1 = 8 SPACES 8 1/STUDIO = 10UNITS * 1 = 10 SPACES 10 1/1BED = 33UNITS * 1 = 33 SPACES 33 1/1BED = 28UNITS * 1 = 28 SPACES 28 2/2BED = 20UNITS * 2 = 40 SPACES 40 2/2BED = 26UNITS * 2 = 52 SPACES 52 LIVE WORK = 3UNITS * 2 = 6 SPACES 6
TOTAL = 64 UNITS, 87 SPACES 87 TOTAL = 64 UNITS 90
RESIDENTIAL GUEST 1/5 UNITS = 64/5 = 13 SPACES 13 1/5 UNITS = 64/5 = 13 SPACES 13 COMMERCIAL 1/300 SF = 1,094/300 = 4 SPACES 4 1/300 SQFT = 9,920/300 33 TOTAL REQUIRED 104 SPACES 104 137 SPACES 137
TOTAL PROPOSED 1 LOADING SPACE 1
COVERED GARAGE/CARPORTS 52
COVERED TANDEM PARKING 46 STRUCTURE SPACES 71
UNCOVERED SPACES 9 UNCOVERED SPACES 37
TOTAL ON-SITE PARKING 107 TOTAL ON-SITE PARKING 108

NEW ADDITIONAL OFF-SITE STREET

PARKING
6 NEW ADDITIONAL OFF-SITE STREET

PARKING
6 BICYCLE PARKING COMMERCIAL SHORT TERM 6 COMMERCIAL SHORT TERM 6 RES. LONG TERM (ONE PER UNIT ) 64 RES. LONG TERM (ONE PER UNIT ) 64

APPROVED VIEW
480 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
09 JULY 2024
T1

3 5
0 350
35 3
5 55
357
358
359
359
358
358
359
36 3
1 6
0 350
3 5
5 350
355

BASIS OF BEARINGS
N27°43'00"E
164.66'(M)
N27°43'E
164.64'(CFR1)
358.50
FL
358.64
FL
359.37
FL
359.69
FL POC
357.81
FL PRC
358.64
FL
358.43
FL
358.11
FL
357.95
FL
N62°17'48"W 139.05'(M)
S62°17'E 139.00'(CFR1)
N62°17'48"W 240.68'(M)
S62°17'E 240.60'(R1)
N62°17'W 222.98'(CFR1)
S62°17'20"E 223.00'(M)
N62°17'W 84.40'(CFR1)
S62°17'20"E 84.41'(M)
S27°42'26"W 182.27'(M)
L=27.72' R=17.65' =89°59'40"(M)
N62°17'20"W

78.83'(M)
N62°17'W

78.81'(CFR2)
N
35°15'56"
E
183.
85'(M)
N
35°1
7'E
183.
88'(R
1)
359.48
TC
359.25
TC
358.91
TC
358.10
GRD
358.01
GRD
357.59
GRD
357.22
GRD
358.16
GRD
358.33
GRD
358.89
GRD
358.25
GRD
358.93
TC
359.37
TC
359.77
TC
359.99
TC
359.70
TC
357.76
GRD
357.67
GRD
357.57
GRD
357.17
GRD
357.11
GRD

ESTABLISHED BYSINGLE PROPORTION
PER 35RS 85

BEARING BEARING
97°34'25"
(M&CF 35 RS 85)
2ND
STREET
AVE
N
U
E
O
F F
LAG
S
IP
IP
IP
IP

NT-TOP CURB
IP
IP

OLD WATER PUMP
ON 2'X2' CONCRETE
PAD
357.14' RIM
349.33' INV NORTH
349.24' INV EAST
349.31' FL
348.59' FL
358.22' RIM
350.24' INV
358.22' RIM
349.61' INV
358.09' RIM
353.18' INV EAST
352.52' BTM BOX
358.96' RIM
351.40' INV
8" TREE 12" TREE

OAK CLUSTER
4" TREE
SHRUB
24" TREE

CLUSTER TREE

DENSE BRUSH
14" TREE

ASPHALT

ASPHALT

ASPHALT

GASMETER

ASPHALT
RAMP
358.98' RIM
352.55' INV

UTILITYBOXES

SEALEDSHUT
26" DIA DRAIN INLET
357.65' RIM
351.70' INV
TRASH

ENCLOSURE

ENCLOSEDPORCH

ENCLOSEDPORCH

CONCRETE

CURBAND
GUTTER

CONCRETE

CURBAND
GUTTER

CONCRETE
CURB

CONCRETE
CURB
GRAVEL

DRIVEWAYAND

PARKINGAREA
GRAVEL

DRIVEWAY AND

PARKING AREA

EXISTIN
G
TWO
STO
RY
B
UIL
DIN
G
FINIS
H
F
L
O
O
R
=
3 5

8.3 8

EXISTINGSINGLE

STORYBUILDING

EXISTINGSINGLE

STORYBUILDING
FINISH FLOOR = 358.65

EXISTINGSINGLE

STORYBUILDING
FINISH FLOOR = 358.38

PG&E BOX

WATER METER

CABLE TV BOX

TELEPHONEBOX

TELEPHONEBOX

WATER METER

PG&E BOX

DRIVEWAY

CONCRETECULVERT

INCREEK
FOUND 3/4" IRON

PIPE OPEN
FOUND 3/4" IRON

PIPE OPEN

FOUND NAIL IN

TOP OF CURB

TELEPHONEBOX

PG&E BOX

WATER METER

WATER METER

TELEPHONE
BOX

PG&E BOX

DRIVEWAY

DRIVEWAY

CONCRETE

WALKWAY

CONCRETE

WALKWAY

CONCRETE

WALKWAY

WIREFENCE

WATERHEATER CLOSET,
ENCROACHING2.3' NORTHERLY

OFPROPERTYLINE

DENIED ACCESS TO
HIGHWAY PER 745 OR 184
3' DRAINAGEPIPELINEEASEMENT
PER INSTRUMENT NO. 5561
RECORDEDIN BOOK852AT
PAGE73OFDEEDS

RIGHTOFWAYGRANTED

TOTHE COUNTYOFSANTA

BARBARAPER INSTRUMENT
NO. 1985-043255 OF

OFFICIAL RECORDS
5'EASEMENTFORWATERLINES

AND PUBLIC UTILITIES
PERINSTRUMENTNO. 5561
RECORDEDINBOOK852AT
PAGE73OFDEEDS

PUBLICROADEASEMENT
PER 35PM 82
INSTRUMENT NO. 2017-0002584

OF OFFICIALRECORDS

PARCEL B
35 PM 85

PARCEL A
35 PM 85
INSTRUMENT NO. 1990-048020

OF OFFICIALRECORDS

PARCEL B
31 PM 37

PARCEL A
31 PM 37
60' PRIVATE ROAD EASEMENT PER
INSTRUMENT NO. 8133 RECORDED
IN BOOK 1605 AT PAGE 548 OF
OFFICIAL RECORDS.

PARCEL TWO OF LEGAL

DESCRIPTION PER TITLE REPORT SECOND STREET
AV
E
N
U
E O
F F
LAG
S
10' TELEPHONE EASEMENT
PER INSTRUMENT NO. 8232
RECORDED IN BOOK 788AT
PAGE 21 OF OFFICIAL RECORDS
10' BUELLTON COMMUNITY

SERVICES DISTRICT EASEMENT
PER INSTRUMENT NO. 82
RECORDED IN BOOK 1812 AT
PAGE 394 OF OFFICIAL RECORDS
D
D
H Y D
D
D
D
WV
WV
WV
WV
WV
WV
H Y D
S
D
( E) 2,433 sq.ft st r uct ur e t o be dem olished
( E) 1,470 sq.ft . st ruct ur e t o be dem olished
( E) 2,872 sq.ft . st ruct ur e t o be dem olished
( E) Adj acent 1,850 sq.ft st r uct ure t o r em ain

EASEMENT
10'-0"
( E) 10' Buellt on com m unit y ser vices
district easement - see Survey
( E) 10' Telephone
easement - see Survey

EASEMENT
10'-0"
( E) Sidew alk along Avenue of Flags t o be dem olished See landscape for tree rem oval
See landscape for tree rem oval
See landscape for tree rem oval
See landscape for tree rem oval
EA
SEMEN
T
3'-0"

EASEMENT
5'-0"
( E) 3' Dr ainage pipeline
easement - see Survey
5' Waterline easement - see survey
To be dem olished for ( N) curb cut
DMHA expressly reserves it's common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever nor are they to PROJ
j
g
g
g
A
Cr
480 A
Buellt
SI T
1/16" = 1'-0"

SI TE PLAN
01 0
NO.
2374-01-RS21

EXISTING SITE SURVEY
480 AVENUE OF FLAGS - MIXED USE
20 MAY 2024
A2

ESTABLISHED BYSINGLE PROPORTION
PER 35RS 85

BEARING BEARINGINTERSECTION
2ND
STREET
AVE
N
U
E
O
F F
LAG
S
IP
IP
IP
IP
IP
IP
IP

OLD WATER PUMP
ON 2'X2' CONCRETE
PAD
349.31' FL
348.59' FL
358.22' RIM
350.24' INV
358.22' RIM
349.61' INV
358.96' RIM
351.40' INV

ASPHALT
358.98' RIM
352.55' INV

UTILITYBOXES

SEALEDSHUT
26" DIA DRAIN INLET
357.65' RIM
351.70' INV

CONCRETE

CURBAND
GUTTER

CONCRETE

CURBAND
GUTTER

PG&E BOX

WATER METER

CABLE TV BOX

TELEPHONEBOX

TELEPHONEBOX

WATER METER

PG&E BOX

CONCRETECULVERT

INCREEK

DRIVEWAY

PUBLICROADEASEMENT
PER 35PM 82
INSTRUMENT NO. 2017-0002584

OF OFFICIALRECORDS

PARCEL B
35 PM 85

PARCEL A
35 PM 85
INSTRUMENT NO. 1990-048020

OF OFFICIALRECORDS
60' PRIVATE ROAD EASEMENT PER
INSTRUMENT NO. 8133 RECORDED
IN BOOK 1605 AT PAGE 548 OF
OFFICIAL RECORDS.

PARCEL TWO OF LEGAL

DESCRIPTION PER TITLE REPORT
D
D
H Y D
D
D
D
WV
WV
WV
WV
WV
WV
H Y D
D
3 5
0 350
35 3
5 55
358
359
359
358
359
36 3
1 6
0 350
3 5
5 350
355
N62°17'48"W 139.05'(M)
S62°17'E 139.00'(CFR1)
N62°17'48"W 240.68'(M)
S62°17'E 240.60'(R1)
N62°17'W 222.98'(CFR1)
S62°17'20"E 223.00'(M)
N62°17'W 84.40'(CFR1)
S62°17'20"E 84.41'(M)
N62°17'20"W

78.83'(M)
N62°17'W

78.81'(CFR2)
N
35°15'56"
E
183.
85'(M)
N
35°1
7'E
183.
88'(R
1)
UP
60'-6" 60'-6"
46'-7"
16'-0"
T
YP.
9'-0" 5'-0"
T
YP.
12'-0"
16'-0"
3'-7 1/2"
3'-7 1/2"
8'-1" 32'-0"
3'-7 1/2"
27'-0"
12'-0"
8'-8" 4'-5"
27'-0"
111
Bike Room
117
Retail
118
Retail
119
Retail
120 2,775 SF
Corner Courtyard
101
Retail
102
Retail
103
Storage
105
Elevator Lobby
110
Fitness
112
Trash
113
Elect.
109
Mech.

SECOND STREET

AVENUE OF FLAGS
APN: 137 - 17 - 6
( E) SI NGLE STORY STRUCTURE
60'-6" 60'-6"
TYP.
16'-6"
TYP.
18'-0"
T
YP.
14'-6"
TYP.
9'-0"
114
Parking
TYP.
9'-0"
Garage ent ry
Garage ent ry
ZA
CA
C
R
E
E
K
T-Bank
R61
3'-7 1/2"
3'-7 1/2"
17'-0"

CREEK SETBACK
50'-0"
27'-6" 27'-6" 27'-6"
R3
R2
R1
C5
C4
C3
C2
C1
R50 R51 R52 R53
R3
R2
R1
C5
C4
C3
R54 R55 R56 R57 R54 R55 R58 R59 R60 R62 R63 R64 R65 R66 R35 R36 R37 R38 R39 R40 R41 R42 R43 R44 R45 R46 R47 R48 R49 R34 R33 R32 R31 R30 R29 R28 R27 R26 R25 R24 R23 R22
R4 R5 R6 R7 R8 R9 R10 R11 R12 R13 R14 R15 R16 R17 R18 R19 R20 R21 R82 R83 R84 R85 R67 R68 R69
R73 R72 R71 R70
G1
G2
G3
G4
G5
G6
G7
G8
G9
G10
11 G12
G13
R90
R89
R88
R87
R86
R74 R75 R76 R77
R81 R80 R79 R78
Drivew ay connecting
to adjacent property
EXIT

RETAIL ENTRY

RETAIL ENTRY

RETAIL ENTRY

RETAIL ENTRY
4'-0'' Clr.

Parking entry
PROPOSED ( 3) THREE-STORY

MI XED USE DEVELOPMENT
8'-0" 14'-0"
BUFFER
3'-0"
5'-0" 8'-0" 12'-0"
Paralell parkingBike laneParalell parkingNew sidew alk
Zaca Cr eek Riv er Tr ail
EXIT
106
Entry Passage F.F.= +360'
F.F.= +358.2'
F.F.= +360'
Loading
Easement
10'-0"
Proposed 10'-0'' sew er easement
w / 8 ' ' PVC sew er lin e @ 1 .2 %
142'-7 1/2"
118'-5 1/2"
30'-0"
20'-0" 20'-0" 10'-0"

RETAIL ENTRY RETAIL ENTRY RETAIL ENTRY RETAIL ENTRY

L IC E N S E D AR C H I T E C T
S

T A T E

O F C A L I F O R N I A
AMES

MICHAEL HOLLIDAY
R E N . M AR C H 3 1, 2 0 2 1
No. C-19,574
DMHA expressly reserves it's common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever nor are they to be assigned to any third pa PROJECT # :

AS102
Cr eek side Village
480 Ave Of Flags,
Buellton, CA 93427

SI TE PLAN
1 8 C2 4 6
EXIT
NO. DESCRI PTI ON
Preliminary Planning
Planning Re-submittal
0 8 16 32
1/16” = 1’-0” 24X36 SHEET
480 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
20 MAY 2024
A3 ARCHITECTURAL SITE PLAN - APPROVED

0 8 16 32
1/16” = 1’-0” 24X36 SHEET
DN
DN
DN
UP
UP
DN
DN
1092 SF

COMMERCIAL

POOL & PATIO
ELEV.
1592 SF

BUSINESS CENTER

TENANT AMENITY
181 SF
STAIRS
1-BED UNIT
2-BEDROOM UNIT
8' - 6"
16' - 6" 16' - 6"
TRAIL
239 SF

STORAGE

POOL EQUIP/
STORAGE 1 BED
1 BED
1 BED

STORAGE &/OR

BIKE LOCKERS

STORAGE &/OR

BIKE LOCKERS
32' - 5"
31' - 9"

GARAGES
BAJA

CARPORTS
MECH.

F.R.
718 SF 758 SF
462 SF
GYM
1476 SF
LIVE/WORK 3
1906 SF
LIVE/WORK 2
1934 SF
LIVE/WORK 1
928 SF 978 SF
966 SF 968 SF

STORAGE
1 BED
1 10
20 38 30 21
39 50 52
9 1 12 26

LOADING
10' - 0"
30' - 0"
18' - 0" 26' - 0" 16' - 6" 16' - 6"

BAJA CARPORT
16' - 6" 16' - 6" 26' - 0" 16' - 6"
TRASH
23 24
25 45 46
5' - 0"
16' - 6" 26' - 0" 3' - 0" 18' - 6"
10' - 0"
TOP OF
BANK
10' - 0"10' - 0"
10' - 0"
SEWER

EASEMENT
CSD

EASEMENT
(E) STRUCTURE

EASEMENT
10' - 0"

EASEMENT
10' - 0"
195' - 0"
PROJECT NAME SITE PLAN 480 A8

ARCHITECTURAL SITE PLAN - REVISED

A V E N U E O F F L A G S
2 N D S T R E E T

ZACA CREEK
19 LOADING
TRASH
N27° 43’ 00”E 164.66’(M)
N27°43’E 164.64’ (CFR1)
N62° 17’ 48”W 240.68’(M) S62° 17’E 240.60’ (R1) N62° 17’ 48”W 139.05’(M) S62° 17’E 139.00’(CFR1) N35°15’56”E 183.85’(M)N35°17’E 183.88’(R1)
N62°17’W 222.98’(CFR1) S62°17’20”E 223.00’(M) N62°17’W 84.40’(CFR1) S62°17’20”E 84.41’(M) N62°17’20”W 78.83’(M) N62°17’W 78.81’(CFR2)

HATCH LEGEND
LANDSCAPE AREA (12,096 SF)

PLAZA (COUNTING TOWARDS
OPEN SPACE AREA) (963 SF)

PRIVATE OPEN SPACE
(560 SF THIS FLOOR)

COMMON OPEN SPACE
(2,223 SF THIS FLOOR)

SIDEWALK/HARDSCAPE
(TRAIL COUNTING TOWARDS
OPEN SPACE = 1,851 SF)
EGRESS

UNIT COUNT, THIS FLOOR
5 - 1 BEDROOM UNITS
1 - 2 BEDROOM UNITS
3- LIVE WORK UNITS
9 TOTAL UNITS THIS FLOOR

POOL & PATIO
480 AVENUE OF FLAGS - MIXED USE 2374-01-RS21
09 JULY 2024
A4