CITY OF BUELLTON
CITY COUNCIL AGENDA
Regular Meeting of April 24, 2025 – 6:00 p.m.
City Council Chambers, 140 West Highway 246
Buellton, California
TELECONFERENCE MEETING LOCATION:
Mayor David Silva will attend the above referenced regular City Council meeting via Zoom link from the following location:
1209 L Street, Sacramento, CA 95814
Council meetings will be conducted in person and the public is welcome to attend.
Written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at:
http://www.cityofbuellton.com/government/cityTV.php
CALL TO ORDER
Vice Mayor Elysia Lewis
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members Hudson Hornick and John Sanchez, Vice Mayor Elysia Lewis and Mayor David Silva
REORDERING OF AGENDA
PUBLIC COMMENTS Speaker Slip to be completed and turned in to the City Clerk prior to commencement of meeting. Any person may address the Council on any subject pertaining to City business, including all items on the agenda not listed as a Public Hearing, including the Consent Agenda and Closed Session. Limited to three (3) minutes per speaker. By law, no action may be taken at this meeting on matters raised during Public Comments not included on this agenda. Public Speakers using a translator are allotted a total of six (6) minutes to speak, unless simultaneous translation equipment is used.
CONSENT CALENDAR (ACTION)
The following items are considered routine and non-controversial and are scheduled for consideration as a group. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Members of the Public may speak on Consent Agenda items during the Public Comment period.
City Council Meeting Agenda Page 2 April 24, 2025
1. Minutes of April 12, 2025 Special City Council Meeting
2. Minutes of April 10, 2025 Regular City Council Meeting
3. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2024/2025
4. Monthly Treasurer’s Report – March 31, 2025
(Staff Contact: Finance Director Shannel Zamora)
5. Award of Contract for the Library/Field Parking Lot Project (Staff Contact: Public Works Director Rose Hess)
PRESENTATIONS
6. Proclamation Honoring National Arbor Day – April 25, 2025
PUBLIC HEARINGS (POSSIBLE ACTION)
7. Resolution No. 25-11 – “A Resolution of the City Council of the City of Buellton, California, Amending the Housing Element of the General Plan in Regards to Emergency Shelters”
(Staff Contact: Associate Planner Cara Miralles)
Ordinance No. 25-02 – “An Ordinance of the City Council of the City of Buellton, California, Amending Title 19 (Zoning) of the Buellton Municipal Code in Order to Implement Programs 1 and 3 of the General Plan Housing Element and to Make Permanent Urgency Ordinance No. 24-03 Regarding Emergency Shelters” (Introduction and First Reading)
Ordinance No. 25-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending the Avenue of Flags Specific Plan for Consistency with the General Plan Housing Element and Title 19 (Zoning) and Regarding Standards for Ground Floor Residential Uses” (Introduction and First Reading)
COUNCIL MEMBER COMMENTS/ITEMS
This Agenda listing allows Council Members to provide comments regarding recent events, contributions made or received, and future requests from City Council Members to staff.
WRITTEN COMMUNICATIONS Written communications are included in the agenda packets. Any Council Member, the City Manager, or City Attorney may request that a written communication be read into the record.
COMMITTEE REPORTS This Agenda listing is the opportunity for Council Members to give verbal Committee Reports on any meetings recently held for which the Council Members are the City representatives thereto.
City Council Meeting Agenda Page 3 April 24, 2025
BUSINESS ITEMS (POSSIBLE ACTION)
8. Resolution No. 25-14 – “A Resolution of the City Council of the City of Buellton, California, Amending the Out-of-Agency Agreement for the Provision and Sale of Water to the Zaca Creek Restaurant Located at 1297 Jonata Park Road APN 99- 600-02 Approximately One Quarter of a Mile North of the Incorporation Boundary of the City of Buellton in the Unincorporated Area of Santa Barbara County” (Staff Contact: Public Works Director Rose Hess)
9. 2025 Water and Wastewater Rate Study Informational Workshop (Staff Contact: Public Works Director Rose Hess)
10. Consideration of Funding Request from Santa Ynez Valley Children’s Museum (Staff Contact: City Manager Scott Wolfe)
CITY MANAGER’S REPORT
ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, May 8, 2025 at 6:00 p.m.
City Manager Review: SW
Council Agenda Item No.: 1
CITY OF BUELLTON
SPECIAL CITY COUNCIL MEETING MINUTES
Special Meeting of Saturday, April 12, 2025 – 10:00 a.m. 202 Dairyland Road (Community Room)
Buellton, California
CALL TO ORDER
Mayor Silva called the meeting to order at 10:12 a.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Council Member Hudson Hornick, Council Member John Sanchez, Vice Mayor Elysia Lewis, and Mayor David Silva
Staff: City Manager Scott Wolfe, Finance Director Shannel Zamora, Administrative Assistant Kat Dary, and City Clerk Linda Reid
PUBLIC COMMENTS
None
BUSINESS ITEMS
1. Discussion of City’s Financial Position and Long-Term Sustainability Finance Director Zamora provided a PowerPoint presentation detailing the City’s financial status and long term sustainability. Council Members discussed the presentation data and received clarification from staff regarding various budget items.
ADJOURNMENT
Mayor Silva adjourned the special meeting at 12:10 p.m. The next regular meeting of the City Council will be held on Thursday, April 24, 2025 at 6:00 p.m. ____________________________
David Silva
Mayor
ATTEST:
_____________________________
Linda Reid
City Clerk
City Manager Review: SW
Council Agenda Item No.: 2
CITY OF BUELLTON
CITY COUNCIL MEETING MINUTES
Regular Meeting of April 10, 2025
City Council Chambers, 140 West Highway 246
Buellton, California
CALL TO ORDER
Vice Mayor Lewis called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Council Member Hudson Hornick, Council Member John Sanchez, and Vice Mayor Elysia Lewis
Absent: Mayor David Silva
Staff: City Manager Scott Wolfe, City Attorney Greg Murphy, Finance Director Shannel Zamora (Zoom), Planning Director Andrea Keefer, and City Clerk Linda Reid
REORDERING OF AGENDA
None
PUBLIC COMMENTS
None
CONSENT CALENDAR
Council Member Hornick requested that Item 5 be continued until after the Special budgetary meeting scheduled for April 12, 2025.
1. Minutes of March 27, 2025 City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for FY 2024/2025
3. Resolution No. 25-12 – “A Resolution of the City Council of the City of Buellton, California, Approving a 5.0% Cost of Living Adjustment (COLA) for all Regular Full-Time Employees, Effective, July 1, 2025”
City Council Meeting Minutes Page 2 April 10, 2025
4. Acceptance of Public Water Line Easement (Palm Communities) MOTION:
Motion by Council Member Sanchez, seconded by Council Member Hornick, approving Consent Calendar Items 1 through 4 as listed.
VOTE:
Motion passed by a roll call vote of 3-0.
Council Member Hornick – Yes
Council Member Sanchez – Yes
Vice Mayor Lewis – Yes
5. Award of Contract for the Library/Field Parking Lot Project Public Works Director Hess stated the vendor contract for the Library/Field Parking Lot Project calls for the City to sign the contract within 45 days (April 27, 2025). The Council agreed by consensus to continue Item 5 to the meeting of April 24 for further discussion and action.
PRESENTATIONS
6. Proclamation Recognizing National Donate Life Month – April 2025 Vice Mayor Lewis read the proclamation recognizing April 2025 as National Donate Life Month and thanked Scott Burns for his dedication to this cause. Mr. Burns discussed the importance of organ donation and thanked the Council for their support.
7. Proclamation Recognizing Child Abuse Awareness and Prevention Month Vice Mayor Lewis read the proclamation recognizing Child Abuse Awareness and Prevention month. Ann McCarty, Executive Director of the North County Rape Crisis and Child Protection Center accepted the proclamation and discussed the importance of Child Abuse Awareness and Prevention.
8. Proclamation Recognizing Sexual Assault Awareness and Prevention Month Vice Mayor Lewis read the proclamation recognizing Sexual Assault Awareness and Prevention month. Ann McCarty, Executive Director of the North County Rape Crisis and Child Protection Center accepted the proclamation and discussed the importance of Sexual Assault Awareness and Prevention.
PUBLIC HEARINGS
None
COUNCIL MEMBER COMMENTS/ITEMS
None
City Council Meeting Minutes Page 3 April 10, 2025
WRITTEN COMMUNICATIONS
None
COMMITTEE REPORTS
Council Member Sanchez announced that he attended the Arts & Culture Committee meeting and provided an oral report for the record.
Council Member Sanchez announced that he attended the Sustainable Groundwater Management meetings and provided an oral report for the record.
BUSINESS ITEMS
9. Discussion of United Way of Santa Barbara County’s Brighter Futures Childcare Initiative
RECOMMENDATION:
That the City Council receive the presentation from the United Way and direct staff to take further action as appropriate.
STAFF REPORT:
City Manager Wolfe presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Steve Ortiz and Rose Levy, representing United Way Brighter Futures Childcare discussed their initiative and answered questions from the City Council. The Council thanked Mr.
Ortiz and Ms. Levy for their work on this project and directed staff to bring back discussion of creating a land use exemption for the childcare initiative.
Scott Burns, Santa Barbara, discussed the lack of child care and adequate pay for teachers and thanked the Council for supporting this issue.
DIRECTION:
The City Council agreed by consensus to direct staff to bring back an item for discussion regarding the creation of a land use exemption for the childcare initiative and adding this item to the Special budget meeting discussion on April 12, 2025.
City Council Meeting Minutes Page 4 April 10, 2025
10. Resolution No. 25-07 - “A Resolution of the City Council of the City of Buellton, California, Regarding Parking Restrictions for Transit Stop at New Library” RECOMMENDATION:
That the City Council consider adoption of Resolution No. 25-07.
STAFF REPORT:
Public Works Director Hess presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
The City Council discussed using signage rather than a red curb to allow for transit bus stops adjacent to the Library.
MOTION:
Motion by Council Member Sanchez, seconded by Council Member Hornick adopting Resolution No. 25-07 - “A Resolution of the City Council of the City of Buellton, California, Regarding Parking Restrictions for Transit Stop at New Library” with changes to Section 3 of the Resolution and to Exhibit A.
VOTE:
Motion passed by a roll call vote of 3-0.
Council Member Hornick – Yes
Council Member Sanchez – Yes
Vice Mayor Lewis – Yes
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.
ADJOURNMENT
Vice Mayor Lewis adjourned the regular meeting at 7:03 p.m. The next regular meeting of the City Council will be held on Thursday, April 24, 2025 at 6:00 p.m. ____________________________
Vice Mayor Lewis
Mayor
ATTEST:
_____________________________
Linda Reid
City Clerk
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 3
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: April 24, 2025
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2024/2025
______________________________________________________________________________
BACKGROUND
Staff is required to submit a check register to the City Council for approval every Council meeting for the most recently completed check register (Attachment 1).
The check register for the period 03/29/2025 through 04/11/2025 has been prepared in accordance to Government Code section 37202 and Buellton Municipal Code section
3.08.070. The check register lists all vendor payments for the specified period above, along with claimant’s name, a brief description of the goods or service purchased, amount of demand, check number, check date and the account number(s) associated with each payment.
The total amount of checks and electronic fund transfers issued for the period of 03/29/2025 through 04/11/2025 was $260,263.81.
FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for 03/29/2025 through 04/11/2025. Cash is available for the payment disbursements of the above liabilities.
RECOMMENDATION
That the City Council review and accept the check register for the period 03/29/2025 through 04/11/2025.
ATTACHMENTS
Attachment 1 – Claims
EXHIBIT A - A/P Packets processed
A/P Packet# APPKT02585 304.09
A/P Packet# APPKT02584 5,516.94
A/P Packet# APPKT02580 96,268.15
Total A/P Packets: $102,089.18 (9 pages)
Total of checks issued: $102,089.18
EXHIBIT B - Payments via Electronic Fund Transfer (EFT) EFT Total: $85,350.20
Payroll processed
Staff Payroll 4/4/2025 72,824.43
Total Payroll: $72,824.43
TOTAL AMOUNT OF CLAIMS: $260,263.81
CONSOLIDATED CLAIMS DISBURSEMENT
BACK-UP/SUPPORT DATA IS AVAILABLE FOR COUNCIL REVIEW IN CITY HALL The following is a list of claims for the period of March 29, 2025 through April 11, 2025 for ratification by the City Council at the April 24, 2025 City Council Meeting.
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval FY2024-2025
EXHIBIT B
Payments via Electronic Fund Transfer (EFT):
From 03/29/2025 through 04/11/2025
CalPERS - Medical 4/4/2025 34,010.91
DCP-AUL 4/7/2025 16,987.47
Payroll Tax - IRS 4/7/2025 12,863.92
CalPERS - PEPRA 4/7/2025 9,387.47
CalPERS - Classic 4/7/2025 6,811.62
Payroll Tax - EDD 4/7/2025 4,839.22
The Hartford 4/8/2025 449.59
Total 85,350.20
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval FY2024-2025
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 4
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: April 24, 2025
Subject: Monthly Treasurer’s Report – March 31, 2025
______________________________________________________________________________
BACKGROUND
California Government Code Section 53646(b)(3) provides mandatory investment reporting requirements for California public agencies. The attached Treasurer’s Report complies with the State’s reporting requirement.
On June 13, 2024, Council adopted the current Investment Policy per Resolution 24-18 which states the City Finance Director, as the investment officer, must submit monthly reports to City Council to demonstrate that sufficient cash flow liquidity is available to meet the succeeding month’s estimated expenditures.
This Treasurer’s Report is for March 31, 2025. Treasurer’s Reports are presented on a monthly basis.
FISCAL IMPACT
There is no fiscal impact; this report is intended to show the City Council the financial performance of the City’s investment portfolio of idle funds.
RECOMMENDATION
That the City Council receive and file the Treasurer’s Report for the month ending March 31, 2025.
ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – March 31, 2025
[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in March 31, 2025
April 24, 2025
This report presents the City’s cash activity and investment portfolio as of March 31, 2025. The report includes:
1) Cash and investments at March 31, 2025 compared to the prior month;
2) A reconciliation of cash and investments to City ledger balances; 3) All investments managed by the City on its own behalf; 4) Beginning of year fund balance, revenues, expenditures and ending fund balance for each fund at March 31, 2025
The following schedule is a summary of the City’s cash and investments based on recorded value as of March 31, 2025 compared with the prior month.
February 28, 2025 March 31, 2025 $ Change
Cash - Pooled $ 6,072,203.30 $ 5,306,391.28 $ (765,812.02) Investments held by the City 18,215,225.27 18,255,211.39 $ 39,986.12 TOTAL CASH AND INVESTMENTS $ 24,287,428.57 $ 23,561,602.67 $ (725,825.90) Summary of activity for the Month and Future Liquidity: The majority of the difference in the recorded value for cash and investments held by the City from last month is mainly due to revenue received from the January 2025 sales tax and February 2025 transient occupancy tax. This increase is offset by payments for February and March 2025 police services to the Santa Barbara Sheriff’s Department and expenditures related to the 202 Dairyland Road library renovation project.
Additionally, investment values changed due to interest earnings on money market funds, the Local Agency Investment Fund (LAIF), and Certificates of Deposit (CDs). The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.
City of Buellton
M o n t h l y T r e a s u r e r ’ s R e p o r t
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The following schedule is a reconciliation of Cash and Investments to City ledger:
13,871,186.89
2,913,488.47
(1,805,615.84)
8,339,864.38
(2,612,995.10)
10,673.77
46,695.11
824,657.39
434,797.31
9,051.05
1,036,290.46
34,070.67
612,022.47
-
-
(152,584.36)
-
23,561,602.67
5,291,089.74
5,715,921.69
15,301.54
3,065,079.77
9,474,209.93
23,561,602.67
999-21000 Wages Payable - -
23,561,602.67
23,561,602.67
23,561,602.67
Per Statements: 3/31/2025
Mechanics General Checking 5,580,183.59
Mechanics Money Market 5,715,921.69
Mechanics FSA 15,301.54
Local Agengcy Investment Fund (LAIF) 9,474,209.93
Multi-Bank Securities Bank 3,065,079.77
Total Cash Per Statement: 23,850,696.52
Claim on Cash vs Total (289,093.85)
Outstanding Items: (289,093.85)
Difference: (0.00)
Bank Reconciliation - March 2025
City of Buellton, CA
For the Period Ending 3/31/2025
3/1/2025
BALANCE
CURRENT
ACTIVITY
3/31/2025
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (1,805,615.84) -
020-10000 Claim On Pooled Cash 8,219,667.23 120,197.15
CLAIM ON CASH
001-10000 Claim On Pooled Cash 14,434,914.56 (563,727.67) 005-10000 Claim On Pooled Cash 3,045,525.61 (132,037.14) 024-10000 Claim On Pooled Cash 46,652.17 42.94
025-10000 Claim On Pooled Cash 828,895.53 (4,238.14)
021-10000 Claim on Pooled Cash (2,612,995.10) -
023-10000 Claim On Pooled Cash 10,663.95 9.82
031-10000 Claim On Pooled Cash 1,000,933.00 35,357.46
032-10001 Claim On Pooled Cash 34,070.67 -
027-10000 Claim On Pooled Cash 435,449.59 (652.28)
029-10000 Claim On Pooled Cash 29,879.39 (20,828.34)
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 3,428.19 (156,012.55)
075-10000 Claim On Pooled Cash 615,959.62 (3,937.15)
090-10000 Claim On Pooled Cash - -
TOTAL CLAIM ON CASH 24,287,428.57 (725,825.90)
CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 6,058,950.26 (767,860.52) 999-10004 Pooled Cash - Brokerage 3,046,808.08 18,271.69 999-10005 Pooled Cash - LAIF 9,474,209.93 -
999-10002 Pooled Cash - Money Market 5,694,207.26 21,714.43 999-10003 Pooled Cash - FSA 13,253.04 2,048.50
DUE TO OTHER FUNDS
999-27000 Due To Other Funds 24,287,428.57 (725,825.90) TOTAL DUE TO OTHER FUNDS 24,287,428.57 (725,825.90)
TOTAL: Cash in Bank 24,287,428.57 (725,825.90)
-
TOTAL: Cash in Bank 24,287,428.57 (725,825.90)
M o n t h l y T r e a s u r e r ’ s R e p o r t
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City of Buellton
Investment Summary
March 31, 2025
Currently, short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a high quality investment available in terms of safety, liquidity, and yield. Due to fluctuations in the marketplace, the City may have some investments with a current market value that is greater or less than the recorded value. This difference has no effect on investment yield as the City intends to hold the securities to maturity. However, generally accepted accounting principles require that market gains and losses be reported as interest earnings or losses at year-end.
Percent of
Portfolio Yield
Maturity
Term
(months) Maturity Date Par Value Market Value
Local Agency Investment Fund - LAIF 53.60% 4.62% n/a n/a $ 9,474,209.93 $ 9,474,209.93 State Bk India 1.13% 1.60% 60 4/29/2025 200,000.00 199,550.00 Security Identifier: 856285TF8
Sallie Mae Bank 0.68% 0.80% 60 7/1/2025 120,000.00 118,934.40 Security Identifier: 7954506Q3
Spokane Teachers Credit Union 1.02% 0.80% 60 4/15/2027 180,000.00 182,329.20 Security Identifier: 849061AG1
Third Fed Savings 1.39% 3.50% 60 6/28/2027 245,000.00 241,868.90 Security Identifier: 88413QDL9
Morgan Stanley Bank 0.59% 3.75% 60 6/28/2027 104,000.00 103,220.00 Security Identifier: 61773TFC2
Capital One Bank 1.38% 3.75% 60 9/30/2027 244,000.00 245,037.00 Security Identifier: 14042RURO
Hickam Federal Credit Union 0.57% 3.75% 48 1/31/2028 100,000.00 100,229.00 Security Identifier: 42869GAB2
Global Federal Credit Union 1.41% 4.60% 60 4/17/2028 249,000.00 252,413.79 Security Identifier: 37892MAC8
Optum Bk Draper Utah CTF Dep 0.91% 4.45% 60 12/22/2028 160,000.00 161,760.00 Security Identifier: 68405VBV0
First Foundation Bank 0.57% 4.60% 60 5/10/2029 100,000.00 101,782.00 Security Identifier: 68405VBV0
Leaders Credit Union 0.57% 4.00% 60 8/30/2029 100,000.00 99,525.00 Security Identifier: 52171MAN5
United States Treasury Bill 6.22% 4.18% 6 5/24/2025 1,100,000.00 1,092,487.00 Security Identifier: 912797NN3
United States Treasury Bill 0.57% 4.38% 60 12/31/2029 100,000.00 101,695.00 Security Identifier: 91282CMD0
Multi-Securities Bank - Cash in Holding 64,248.48
Money Market (Held with Mechanics Bank) 29.42% 4.58% n/a 5,200,000.00 5,715,921.69 Total City Investments 100.00% $ 17,676,209.93 $ 18,255,211.39 Average Yield:3.56% Average Maturity (months): 54.92
Certificates of Deposits (Held with Multi-Securities Bank) U.S. Treasury Securities (Held with Multi-Securities Bank)
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The following is a fund balance schedule showing beginning fund balance at July 1, 2024 plus revenues minus expenditures for the period, resulting in ending fund balance at March 31, 2025.
Fund balance includes total assets and liabilities of the City.
As required by Government Code Section 53646 (b) (3), the chief financial officer for the City declares that there is sufficient funds to meet all obligations for the next six months.
Shannel Zamora
Shannel Zamora
Finance Director
Total Expenditures March 31, 2025
Balance
7,231,812.62 9,099,118.98 13,536,832.90
954,148.17 1,334,734.95 2,269,242.65
006 - Wastewater Capital 268,300.40 14,405.06 658,021.72 020 - Water Fund 2,157,697.31 2,003,164.30 9,922,366.02 021 - Water Capital 223,293.00 126,862.96 324,725.50
440.27 1,300.00 10,657.74
8,658.07 - 46,642.24
209,338.34 126,493.13 821,705.13
027 - Local Transportation Fund 11,366.01 14,999.94 434,287.06 029 - Transportation Planning 496.23 31,581.64 (133,482.16) 031 - Measure A 275,354.23 46,475.28 1,035,237.33
032 - American Relief Act Fund 268,035.48 268,035.48 33,455.43 075 - Trust & Agency Fund 9,898.32 - 34,895.38
090 - Long-Term Debt - - (3,479,492.98)
091 - General Fixed Assets - - 27,711,206.52
2,483,685.83
15,712,969.33 53,064,188.70
27,711,206.52
092 - Capital Improvement Proj Fund - 2,645,797.61 (162,111.78) 54,674,633.75 14,102,524.28
437,920.99
(102,396.75)
806,358.38
33,455.43
24,997.06
(3,479,492.98)
228,295.46
023 - Housing Fees 11,517.47
024 - Traffic Mitigation Fund 37,984.17
025 - Gas Tax Fund 738,859.92
001 - General Fund 15,404,139.26
005 - Sewer Fund 2,649,829.43
404,126.38
9,767,833.01
Fund Balance Report
City of Buellton, CA 3/31/2025
Fund July 1, 2024
Balance
Total Revenues
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: April 24, 2025
Subject: Award of Contract for the Library/Field Parking Lot Project
BACKGROUND
In February 2025, the City published a Notice to Contractors inviting sealed bids for the Library/Field Parking Lot Project. On March 13, 2025, four bids for the project were received:
Contractor Schedule A Schedule B Total Bid
John Madonna Construction $1,737,393.00 $716,024.40 $2,453,411.40 JF Will $1,591,267.40 $862,122.26 $2,453,389.66
V. Lopez Jr. & Sons $1,459,907.90 $687,653.20 $2,147,561.10 R. Burke Corporation $1,728,125.00 $959,525.00 $2,687,650.00 Staff has performed the bid check and verified the bid amounts and totals. The low bidder is V. Lopez Jr. & Sons.
It is recommended that an additional $322,134 be approved for contingency (~15%) for the contract, for a total contract amount of $2,469,695.10.
The project is divided into two phases. Phase 1 (bid Schedule A), is the main parking lot, stairs and existing access road rehabilitation. We anticipate construction to start in April 2025 with an estimated 5 month duration. Phase 2 (bid Schedule B), is the drainage modification and the access drive directly between parking lots. The timing of this construction is dependent on completion of environmental and permits obtained from other regulatory agencies. Estimated duration for Phase 2 is 3.5 months.
Library/Field Parking Lot Page 2 April 24, 2025
FISCAL IMPACT
The Library/Field Parking Lot Project is budgeted in the Capital Improvement Project List. (092-220). $1.2M of funding is appropriated in the 2024/25 Budget for construction through General Fund. An additional $1,269,695.10 will need to be added to 092-220- 74100 for a total budget of $2,469,695.10. This amount will be spread over at least two fiscal years, and possibly three. Any unused amount from the current fiscal year will be carried over into next fiscal year’s budget.
RECOMMENDATION
That the Council award the construction contract to V. Lopez Jr. & Sons in the amount of $2,147,561.10 plus an additional contingency of $322,134 for a total contract amount of $2,469,695.10; and authorize a budget adjustment increasing CIP 092-220-74100 by an additional $1,269,695.10 for a total budget of $2,469,695.10.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 7
To: The Honorable Mayor and Council Members
From: Cara Miralles, Associate Planner
Meeting Date: April 24, 2025
Subject: Resolution No. 25-11 – “A Resolution of the City Council of the City of Buellton, California, Amending the Housing Element of the General Plan in Regards to Emergency Shelters”
Ordinance No. 25-02 – “An Ordinance of the City Council of the City of Buellton, California, Amending Title 19 (Zoning) of the Buellton Municipal Code in Order to Implement Programs 1 and 3 of the General Plan Housing Element and to Make Permanent Urgency Ordinance No. 24-03 Regarding Emergency Shelters” (Introduction and First Reading)
Ordinance No. 25-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending the Avenue of Flags Specific Plan for Consistency with the General Plan Housing Element and Title 19 (Zoning) and Regarding Standards for Ground Floor Residential Uses” (Introduction and First Reading)
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BACKGROUND
The City Council adopted an updated General Plan Housing Element on May 11, 2023 which was certified by the California Department of Housing and Community Development (HCD) on August 1, 2023. As part of the implementation of Programs 1 and 3 in the updated Housing Element, amendments to various sections of Title 19 (Zoning) of the Buellton Municipal Code (“BMC”), are proposed in order to: 1) reflect the 6th cycle 2023-2031 Regional Housing Needs Allocation (RHNA); 2) update Affordable Housing Ordinance maps and tables, and; 3) to comply with State legislation related to low barrier navigation centers, emergency shelters, transitional housing, supportive housing, employee housing, farmworker housing, density bonus, reasonable accommodation, residential care homes, and manufactured homes (see Ordinance No. 25-02, draft “Zoning Ordinance Amendments”). Definitions for these terms and a summary of revisions proposed to Title 19, as well as a discussion on certain policy direction decisions for the City Council to determine, are included in the Discussion section later on.
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 2 April 24, 2025
Housing Element Program actions that call for zoning ordinance amendments are listed in the table below.
No. Action
Time Frame &
Metrics Responsible Agencies
1.a Update the Affordable Housing Ordinance
(AHO) to reflect the 2023-2031 RHNA
allocation.
By the end of 2023 Planning Department
3.a Amend the Zoning Ordinance to address changes
to state law including AB 101 (Low Barrier
Navigation Center), AB 2162 (Supportive
Housing), AB 139 (Emergency and Transitional
Housing), and SB 745 (Transitional and
Supportive Housing) to permit such uses in all
zones allowing residential uses and only subject
to the requirements of other residential uses of
the same form in the same zone and to amend
the Emergency Shelter spacing standards in
Section 19.06.260 (Emergency Shelters) from
500 feet to 300 feet and the parking standards to
require sufficient parking to accommodate all
staff working in the emergency shelter, provided
that the standards do not require more parking
for emergency shelters than other residential or
commercial uses within the same zone.
By the end of 2023 Planning Department
3.b Amend the Zoning Ordinance to include
Employee Housing up to six persons as a byright residential use type in single family residential zones and Farmworker Housing as a
by-right residential use type in zones that allow
agricultural activities.
By the end of 2023 Planning Department
3.c Amend the Zoning Ordinance to defer to current
state law, so it retains consistency with
California Density Bonus Law requirements
over time.
By the end of 2023 Planning Department
3.d Amend Section 19.16.013 (Affordable Housing
Overlay Zone) to remove any conflicts with the
provisions of SB 35 (Streamlined Affordable
Housing).
By the end of 2023 Planning Department
3.e Adopt a Reasonable Accommodation ordinance
to facilitate the development of housing for
people with disabilities by making
accommodations in land use and zoning
procedures regulating the siting, funding, and
development of housing (see also Section D.1).
By the end of 2023 Planning Department
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 3 April 24, 2025
No. Action
Time Frame &
Metrics Responsible Agencies
3.g Amend Chapter 19.06 to add Residential Care
Homes, Seven or More Clients as a use allowed
in all residential zones and apply the standards
and procedures similar to other residential uses
of the same form in the same zone, inclusive of
the objective MUP findings of Section 19.08.110
(Minor and conditional use permits)
By the end of 2023 Planning Department
3.h Amend Chapter 19.06 (Specific Use
Requirements) to remove Section 19.06.110
(Mobile homes on foundations) to ensure mobile
homes on foundations are subject to the same
development standards as single family homes.
By the end of 2023 Planning Department
3.i Establish “Manufactured Housing” as a defined
residential use type that is treated in the same
manner as single-family residential
developments.
By the end of 2023 Planning Department
Transitional and Supportive Housing, Low Barrier Navigation Centers, and Emergency Shelters – Program 3.a
Supportive Housing & Transitional Housing
“Supportive Housing” means permanent housing with no limit on length of stay, which is linked to onsite or offsite services that assists the residents in retaining housing, improving their health status, and/or maximizing their ability to live and/or work in the community. (Gov. Code § 65582). Polo Village and Buellton Garden Apartments are examples of supportive housing in the city. A new Section in Title 19 (19.06.300) is proposed with requirements related to Supportive Housing, in compliance with State law, along with an added definition (see Ordinance No. 25-02, BMC Sections 19.06.300 and 19.12.020). “Transitional Housing” means temporary rental housing which provides at least 6 months of assistance to the residents, similar to supportive housing, but has a limit of stay with the purpose of moving residents to permanent housing. (Gov. Code § 65582). Transitional housing is a use currently included in Title 19, with a definition proposed to be added (see Ordinance No. 25-02, BMC Section 19.12.020).
State law requires these uses to be allowed “by-right” in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.
Therefore zoning ordinance amendments are proposed to allow supportive housing and transitional housing by-right in residential multi-family (RM), planned residential development (PRD), Neighborhood Commercial (CN), and General Commercial (CR) zones. This is shown within tables in Sections 19.02.110 and 19.02.210 as “A”, meaning allowed subject to Zoning Clearance permit (see Ordinance No. 25-02, BMC Sections
19.02.110 and 19.02.210).
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 4 April 24, 2025
The term “by-right”, also referred to as ministerial, is an administrative permitting process where the determination of project approval/denial is based on objective standards that involve no personal or subjective judgment and are uniformly verifiable. To give an example, an objective standard would be a straightforward standard in the Title 19 which says “for multifamily dwelling projects in the RM zone, any driveway or uncovered parking area shall be separated from property lines by a landscaped strip not less than five feet in width”, and whereas all terms used would be clearly defined. Currently, the only permitting path for by-right projects are through Zoning Clearance, which is under the jurisdiction of the Planning Director. The proposed amendments keep this permitting process.
In order to have consistency with the proposed Zoning Ordinance Amendments, an amendment to the Avenue of Flags Specific Plan is proposed (see Ordinance No. 25-03 – draft “Specific Plan Amendment”). This would revise tables on Pages 3-55 and 3-58 of the Specific Plan to add Supportive Housing as a land use allowed by-right (“A”) and to change the permit type for Transitional Housing from a Conditional Use Permit (“CUP”) to an “A”. Special Needs Housing is currently allowed in the Avenue of Flags Specific Plan area via a CUP, which could have included these uses prior to recent applicable State laws.
Low Barrier Navigation Centers
Low Barrier Navigation Centers are similar to emergency shelters in that they provide temporary living facilities, but differ in that their purpose is to connect people to permanent housing through a supportive services plans. They tend to have less in and out traffic/turnover when compared to emergency shelters and less barriers to entry, such as allowing partners, pets, and possessions, and providing more privacy. California Government Code Section 65662 requires this use to be allowed by-right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. Therefore, these centers are proposed as allowed by-right (“A”) in the Neighborhood Commercial (CN) and General Commercial (CR) zones, and because emergency shelters are allowed via “A” in the industrial/manufacturing (M) zone, this use is proposed as “A” in the M zone as well (see Ordinance No. 25-02, BMC Sections 19.02.210, 19.06.290, and 19.12.020).
An amendment to the Avenue of Flags Specific Plan is proposed for consistency with the proposed Zoning Ordinance Amendments, which would add Low Barrier Navigation Centers as allowed via “A” in the Specific Plan area (see Ordinance No. 25-03, Exhibit A, Pages 3-55 & 3-58, Tables 3-8 & 3-9).
Emergency Shelters
Urgency Ordinance No. 24-03 was passed by the City Council on May 9, 2024, amending Title 19 to: 1) Remove Emergency Shelters as an allowable land use in the General Commercial (CR) and Service Commercial (CS) zones and; 2) Modify the permit type from “CUP” to “A” for Emergency Shelters in the M Zone. Minor technical amendments are proposed to the 2023-2031 Housing Element (see Resolution No. 25-11, Exhibit A – draft “Housing Element Amendment”), making clarifications for consistency with existing provisions. The only amendments made to the Housing Element are those in relation to
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 5 April 24, 2025
emergency shelters. Zoning ordinance amendments are also proposed consistent with the Urgency Ordinance, which would make permanent those provisions by codifying them in Title 19 (see Ordinance No. 25-02, BMC Section 19.02.210). An amendment to the Avenue of Flags Specific Plan is also proposed for consistency with the proposed Zoning Ordinance Amendments, removing Emergency Shelters as an allowed use, as General Commercial (CR) is the base zoning designation for the Specific Plan area (see Ordinance No. 25-03, Exhibit A, Pages 3-55 & 3-58, Tables 3-8 & 3-9).
Standards for Emergency Shelters in Title 19 Section 19.06.260 have been amended, as called for in Housing Element Program 3.a, for compliance with State law (see Ordinance No. 25-02). Revisions include a spacing requirement that shelters may not be within 300 feet of each other (previously 500 feet) and added development standards including lighting and parking requirements. The parking standard will remain the same as the current standard (1 space per every 7 beds, 1 space per employee), however a caveat has been added per State law that the parking requirements for Emergency Shelters cannot exceed the maximum for other residential or commercial uses within the same zone. An example of this could be a shelter with 16 beds proposed and 3 employees would require 7 spaces per the emergency shelter parking standard of 1 for every 7 beds and 1 per employee, but would only require 6 spaces under group housing requirements of 1 for every 4 beds and one for each 2 employees. In this case, 6 maximum spaces would be required. (Gov. Code § 65583).
Agricultural Employee Housing – Program 3.b
Agricultural Employee Housing and Farm Employee Housing are both distinct land uses currently identified in Title 19. While Title 19 contains standards for Agricultural Employee Housing, there is no clear definition for the use; meanwhile, Farm Employee Housing is defined, but there are no standards for the use. Further, the standards that do exist are out of compliance with current State law. Therefore, zoning ordinance amendments are proposed that clarify the land use and bring the ordinance into compliance with State law, the Employee Housing Act, Health and Safety Code § 17000 et seq. (see Ordinance No. 25-02).
“Agricultural Employee Housing Complex” is the proposed use, which is defined in Section 19.12.020 (Definitions) as “housing occupied by employees of an agricultural employer, as defined in Section 1140.4 of the Labor Code, and their households, that may include conventionally constructed units and manufactured housing consisting of no more than 36 beds if the housing consists of any group housing, such as a barrack or a bunkhouse, or contains a maximum of 12 residential units if the housing consists of single-family or multi-family units.”. State law requires we allow this type of housing at the same permitting level as agricultural activities in the same zone. A definition for “agricultural activities” is proposed to be added, which clarifies the intent to apply to commercial farming and ranching operations. Revisions were made to separate home gardening and residential animal keeping activities from commercial operations. “Crop production”, “greenhouses”, and “grazing” in residential zones are identified as non-commercial to further clarify that no commercial agricultural activity is allowed in residential zones.
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 6 April 24, 2025
Therefore, in the residential allowable land uses table under Section 19.02.110, Agricultural Employee Housing Complexes are not allowed in the residential single-family (RS) or Mobile Home Park (MHP) zones. Although the City is not required to allow Agricultural Employee Housing Complexes in residential multi-family (RM) or planned residential development (PRD) zones, Staff has proposed to allow this use with a Conditional Use Permit (CUP) in order to maintain what was previously allowed under “Farm Employee Housing”.
Currently within the commercial and industrial zone allowable land use table under Section
19.02.210, Farm Employee Housing is allowed via CUP in all commercial zones and the industrial zone. These allowances remain essentially the same under the land use of Agricultural Employee Housing Complex. Farm Employee Housing is currently allowed via CUP in the Recreation (REC) and Public/Quasi-Public (PQP) zones, and allowed byright (“A”) in the Open Space (OS) zone. Again, State law requires the City to allow this type of housing at the same permitting level as agricultural activities in the same zone. “Grazing” as a commercial agricultural land use is currently allowed by-right in the Open Space (OS) zone, and Staff is proposing to change this to a use allowed by CUP. Land is zoned OS when it is subject to hazards such as flooding and steep slopes, as well as for the conservation of visual, biological and/or recreational resources. Staff recommends allowing grazing in the OS zone via a discretionary permit in order for the City to be able to better protect resources such as sensitive riparian habitats and the water quality of our creeks and river, allowing the impacts grazing may have on these resources to be considered and mitigated. Therefore, Agricultural Employee Housing Complexes are also proposed to be a use allowed by CUP in the OS zone.
Section 19.02.140, subsection (A) on Agricultural Employee Housing has been removed and replaced with a new Section 19.06.330 in the Specific Uses chapter, containing standards for Agricultural Employee Housing Complexes. In addition to certain development standards, the number of parking spaces is proposed to be consistent with current requirements for single-, two-family, and multi-family dwellings, and consistent with Santa Barbara County requirements for group housing.
A minor change was made to Section 19.18.016 to clarify that for the purpose of incompatible uses determined for mixed use projects, agricultural uses exclude Agricultural Employee Housing.
Per Ordinance No. 25-03, a minor technical amendment to the Avenue of Flags Specific Plan is proposed for consistency with the proposed zoning ordinance amendments, which would change “Farm Employee Housing” currently allowed in the specific plan via a CUP to “Agricultural Employee Housing Complex” still proposed to be allowed via a CUP. This would essentially be a name change, with use remaining substantially the same (see draft amendments to the Specific Plan in Tables 3-8 and 3-9 on Pages 3-55 and 3-58).
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 7 April 24, 2025
Employee Housing, 6 or Fewer – Program 3.b
Within the Employee Housing Act, California Health and Safety Code Section 17021.5 requires employee housing for 6 or fewer persons be allowed with the same permit type as required of other residential uses of the same structure type in the same zone. Per proposed zoning ordinance amendments “Employee Housing, 6 or fewer” is to be allowed by-right (“A”) via zoning clearance within single-family dwellings in the single-family residential (RS), multi-family residential (RM), planned residential development (PRD), and mobile home park (MHP) zones (see Ordinance No. 25-02, BMC Section 19.02.110).
A new Specific Use Section 19.03.320 was added which includes applicability, permit requirements, and development standards. Employee Housing for 6 or fewer persons would have to meet the same requirements (setbacks, parking, height, etc.) as any other single- or multi-family dwelling in the same zone. Title 19 currently allows Agricultural Employee Housing with 6 or fewer persons via “A” in all residential zones. This use remains under the same allowances but is now included within Employee Housing, 6 or Fewer.
Density Bonus – Program 3.c
Section 19.16.018 (Density Bonus) is to be replaced in its entirety with new language that defers to State law so that the section remains consistent with State Density Bonus Law requirements over time (see draft zoning ordinance amendments per Ordinance No. 25- 02).
Council Policy Determinations
Following are two areas in the Density Bonus section of the draft zoning ordinance amendments which are under the discretion of the City Council to make policy determinations for.
Development Opportunity Reserve
Under proposed Section 19.16.018(C)(7), a development application within the Avenue of Flags Specific Plan area which has been granted density bonus requests under this Section shall be eligible for the Development Opportunity Reserve (DOR) program on a projectspecific basis, under the discretion of the City Council.
A DOR is a tool used in zoning and land use planning where a city or municipality allocates density (or other development allowances) to a specific project in exchange for community benefits provided by private investment, such as infrastructure improvements or community amenities.
The Council may choose to: a) not allow DOR at all if a density bonus request is granted; b) not allow DOR if similar density bonus requests are made, or; c) allow both DOR and density bonus, with DOR granted on a case by case basis as proposed in the draft zoning ordinance amendments.
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 8 April 24, 2025
Density Bonus Application Fee
State Density Bonus Law calls for a separate density bonus application, which shall be filed and processed concurrently with an application for a land use permit. Up until this point, the City had only required a description of the density bonus request to be provided with the land use permit, and so no separate application or fee was required.
The City is able to establish a fee for density bonus applications if so desired. If that is the direction, a fee study focusing solely on a density bonus fee application fee would be undertaken and a fee would be recommended to City Council at a later date. At its meeting on March 20, 2025, one Planning Commissioner recommended not charging a separate fee.
Reasonable Accommodation – Program 3.e
Reasonable accommodation in the zoning context means providing individuals with disabilities flexibility in the application of zoning policies, practices, and procedures when it is necessary to provide said individual equal opportunity in the use of their dwelling. As an example, if a wheelchair ramp was needed for the front door and the only way to accommodate it was to place it within the front setback, an adjustment to the front setback requirement could be allowed.
The City currently has an ordinance under Section 19.08.060 titled “adaptive retrofit permit” adopted in 2006, which implemented provisions of the California Fair Employment and Housing Act at that time (which encompassed what is now known as reasonable accommodation). Federal and State fair housing laws have since been updated and so, this section is proposed to be repealed and a new Section under 19.10.500 added, drafted for consistency with current Federal and State laws regarding reasonable accommodation requirements. The new added section would also provide potential applicants with a clearer application process that will be more easily recognizable under the current standard language of “reasonable accommodation” (see Ordinance No. 25-02).
Large Residential Care Homes and Group Homes – Program 3.g Residential care homes have been previously defined in Title 19 of the Municipal Code to mean facilities providing residential, social, and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. This includes children’s homes, halfway houses, orphanages, rehabilitation centers, and self-help group homes. Residential care homes are currently allowed via Minor Use Permit (MUP) in the RS, RM, and PRD zones and via Development Plan (DP) in the MHP zone. This is not proposed to change.
However, per State Law, “Group Home, Large” was added as a use allowed via MUP in the RS, RM, and PRD zones (see Section 19.02.110). A definition for Group Home, Large was added to mean homes in which seven or more individuals reside and which operate specifically for people with disabilities (see Section 19.12.020).
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 9 April 24, 2025
A new Specific Use Section 19.06.310 was added for “Residential Care Homes, Seven or More Clients and Group Home, Large”, and would apply the same development standards as other residential uses of the same form in the same zone. One finding was added in addition to the standard MUP findings, referenced in this new section, to ensure a proposed development with this use conforms to applicable State Law in regards to the California Community Care Facilities Act (Health and Safety Code § 1500 et seq.). (See Ordinance No. 25-02).
Mobile Homes and Manufactured Homes – Programs 3.h and 3.i Section 19.06.110 was amended to ensure mobile homes on foundations and manufactured homes are considered single-family dwellings and subject to the same development standards as single- family homes. A definition for “Manufactured Home” was added, and while mobile homes are only allowed in mobile home parks (MHP), manufactured homes are allowed in all residential zones. (See Ordinance No. 25-02).
Affordable Housing Ordinance & Other Clarifications – Programs 1.a and 3.d Housing Element Program 1.a calls for an update of the Affordable Housing Ordinance, Chapter 19.16 of the Municipal Code, to reflect the 2023-2031 RHNA allocation, which has been done in the draft zoning ordinance amendments (see “Net RHNA Goals” in Definitions Section 19.12.020). Housing Element Program 3.d also calls for amending Section 19.16.013 (Affordable Housing Overlay Zone/AHOZ) to remove any conflicts with the provisions of Senate Bill 35 (Streamlined Affordable Housing). However, there were no conflicts found and so no changes were made in regards to SB 35.
Other updates and clarifications made in the zoning ordinance amendments per Resolution 25-04 include the following:
• The AHOZ map and table in Section 19.16.013 were updated with developed/pipeline and available sites and current assessor’s parcel numbers and street names. • Definitions
o All definitions in Section 19.16.012 were moved to the main definitions in Section 19.12.020, so that all definitions are in one section. References to “this chapter” were changed to “this title” as applicable.
o Definitions for family and housekeeping units were removed due to recent case law, and a revised definition for “household” was drafted o Revised “family” to “household” in definitions where applicable (i.e. when referring State income limits which are based on household size) o Removed reference to Redevelopment Agencies as they are defunct and no longer applicable
o Removed definitions related to Density Bonus, as they are now included in Section 19.18.018
• Added a new definition for “caretaker housing” (Section 19.12.020) and removed “employee” from “caretaker and employee housing” land use (Section 19.02.210).
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 10 April 24, 2025
• Section 19.02.120(F) Residential Density, Single-Family Projects: this subsection gives a “large unit preference”, incentivizing larger units with more bedrooms. Staff is proposing to remove this subsection, as it is not consistent with the Housing Element. • Removed Section 19.02.220(C) Mixed Use Projects, regarding a Small Unit Preference, as it is not consistent with Chapter 19.18 Mixed Use Regulations. • Clarified that live-work units are the only allowable residential units permitted in the CS and M zoning districts as part of mixed-use projects in Figure 18-1 Allowable Mix of Uses of Section 19.18.016.
Avenue of Flags Specific Plan – Policy Interpretation Clean-Up Lastly, a clean-up amendment is proposed to the Avenue of Flags Specific Plan which will make permanent a Planning Director policy interpretation made on February 23, 2022 regarding the allowance of residential uses and parking on ground floors. The Specific Plan contains a restriction of residential uses and parking within the first 150 feet of site depth facing the Avenue of Flags and State Route 246. This restriction was overly burdensome to development, given that the Specific Plan allows horizontal mixed-use (commercial along the Avenue of Flags or State Route 246 frontage and residential uses behind), but many developable lots within the Specific Plan area are constrained with lot depths that are either less than 150 feet or not sufficiently greater than 150 feet. The policy interpretation applied allows residential uses and parking on the ground floor within the first 150 feet of lot depth so long as these uses are situated to the rear of the required ground floor frontage of viable commercial use on the Avenue of Flags and State Route 246 (see Ordinance No. 25-03, Exhibit A, Pages 3-12, 3-15, 3-17, 3-21, 3-25, 3-29, and 3-31).
ENVIRONMENTAL REVIEW
General Plan Housing Element Amendment, Resolution No. 25-11 This project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3), because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The General Plan Housing Element Amendment corrects and clarifies the zones in which emergency shelters are currently allowed and clarifies the required permit process for each zone, including ministerial review in the Industrial (M) zone.
Zoning Ordinance Amendment, Ordinance No. 25-02
An Initial Study/Negative Declaration (IS/ND) was prepared for the 2023-2031 Housing Element Update (adopted May 11, 2023 by City Council Resolution No. 23-08), which considered the implementation programs in the environmental project description.
Excepting zoning ordinance amendments related to Urgency Ordinance 24-03, the proposed zoning ordinance amendments are consistent with the program direction and are
Resolution No. 25-11, Ordinance Nos. 25-02 & 25-03 Page 11 April 24, 2025
adequately addressed in the IS/ND and no further environmental review is required. The zoning ordinance amendments related to Urgency Ordinance 24-03 are the same as approved with the urgency ordinance, which was found to be exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3).
Avenue of Flags Specific Plan Amendment, Ordinance No. 25-03 An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Avenue of Flags Specific Plan (adopted October 12, 2017 by City Council Resolution No. 17-19), the proposed project was adequately addressed in the prior IS/MND and no further environmental review is required.
FISCAL IMPACT
Amendments to the Housing Element, Zoning Ordinance, and Avenue of Flags Specific Plan will not have any fiscal impact on the City.
RECOMMENDATION
That the City Council consider adoption of Resolution No. 25-11 – “A Resolution of the City Council of the City of Buellton, California, Amending the Housing Element of the General Plan in Regards to Emergency Shelters”
That the City Council conduct the first reading of Ordinance No. 25-02 – “An Ordinance of the City Council of the City of Buellton, California, Amending Title 19 (Zoning) of the Buellton Municipal Code in Order to Implement Programs 1 and 3 of the General Plan Housing Element and to Make Permanent Urgency Ordinance No. 24-03 Regarding Emergency Shelters” by title only and waive first reading.
That the City Council conduct the first reading of Ordinance No. 25-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending the Avenue of Flags Specific Plan for Consistency with the General Plan Housing Element and Title 19 (Zoning) and Regarding Standards for Ground Floor Residential Uses” by title only and waive first reading.
ATTACHMENTS
Resolution No. 25-11 (Exhibit A – Draft Amendment - General Plan Housing Element) Ordinance No. 25-02
Ordinance No. 25-03 (Exhibit A – Draft Amendment - Avenue of Flags Specific Plan) Attachment 1 – Planning Commission Resolution No. 25-03 Attachment 2 – Planning Commission Resolution No. 25-04 Attachment 3 – Planning Commission Resolution No. 25-05
RESOLUTION NO. 25-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, AMENDING THE
HOUSING ELEMENT OF THE GENERAL PLAN IN
REGARDS TO EMERGENCY SHELTERS
WHEREAS, the City Council of the City of Buellton (the “City Council”) approved and adopted an updated Housing Element on May 11, 2023, by Resolution No. 23-09 (the “Housing Element”); and
WHEREAS, on August 1, 2023, the California Department of Housing and Community Development (“HCD”) certified the Housing Element; and
WHEREAS, Urgency Ordinance No. 24-03 was adopted on May 9, 2024, which revised the permit type required for emergency shelters in the industrial and manufacturing zoning district from a conditional use permit to a zoning clearance, and removed emergency shelters as an allowable use in the general commercial and service commercial zoning districts; and WHEREAS, amendments to the General Plan Housing Element as set forth in Exhibit A (the “Housing Element Amendment”) are needed to clarify the zones in which emergency shelters are allowed and to provide an updated description of how the City of Buellton’s ordinances, policies, and standards are consistent with State Housing Element Law per Government Code Section 65583; and
WHEREAS, all legal prerequisites have occurred prior to adoption of this Resolution.
BE IT RESOLVED by the City Council of the City of Buellton as follows:
SECTION 1: 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 any aspect of the Resolution, 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 April 24, 2025 (the “Public Hearing”).
2. All oral, written and visual materials presented by City staff and consultants in conjunction with the Public Hearing.
3. The following informational documents which, by this reference, are incorporated herein.
City Council Resolution No. 25-11 Page 2 April 24, 2025 a. That certain written report concerning the draft Housing Element Amendments dated April 24, 2025 (the “Staff Report”) and all attachments.
b. The recommendations from the Planning Commission as contained in Planning Commission Resolution No. 25-03, adopted March 20, 2025.
B. Public Review. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in the Buellton Municipal Code have been lawfully satisfied:
1. A notice of the Public Hearing regarding the was emailed to interested persons on April 3, 2025 and was published in a newspaper of general circulation on April 3, 2025 (the “Public Notice”), a minimum of twenty (20) days in advance of the April 24, 2025, Public Hearing.
2. The Public Notice was posted in two conspicuous public places on April 10, 2025, a minimum of ten (10) days in advance of the April 24, 2025 Public Hearing.
3. A draft of the Housing Element Amendment was emailed to interested persons on February 27, 2025, a minimum of seven (7) days prior to submittal to HCD.
C. Environmental Clearance. The Housing Element Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3), because the Amendment is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Housing Element Amendment corrects and clarifies the zones in which emergency shelters are allowed and clarifies the required permit process for each zone, including ministerial review in the Industrial and Manufacturing zone.
SECTION 2: Based upon the forgoing findings, facts and conclusions, including, but not limited to, the review of the information provided in the Staff Report, consideration of the testimony given at the City Council Public Hearing, as well as other pertinent information, the City Council hereby amends the Housing Element of the General Plan as drafted in Exhibit A, attached hereto to this Resolution.
City Council Resolution No. 25-11 Page 3 April 24, 2025 SECTION 3: The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 24th day of April 2025. ___________________________________
David Silva
Mayor
ATTEST:
____________________________________
Linda Reid
City Clerk
Exhibit A – Amendment to the General Plan Housing Element
Exhibit A
Amendment to the General Plan Housing Element
Page H-51
Specific Plans: As of 2022, there are two adopted specific plans in effect in the City: the Village Specific Plan and the Avenue of Flags Specific Plan. The Village Specific Plan allows for a wide range of residential units including single-family, multi-family, and senior housing. The Avenue of Flags Specific Plan focuses on mixed-use development, allowing for residential dwelling units above ground-floor commercial spaces as well as live-work units. The Specific Plan does not allow for 100 percent residential development. Additionally, the Avenue of Flags Specific Plan allows for emergency shelters*, farm employee housing, and special needs housing. The Avenue of Flags Specific Plan is intended to revitalize the city’s primary commercial and tourist area.
Mixed use development in the city’s core is critical to the City’s fiscal sustainability, its ability to provide a jobs/housing balance, and reduce vehicle miles traveled. While the Specific Plan only allows for dense, mixed-use development, there are currently four legal nonconforming SingleRoom Occupancy (SRO) buildings within the Specific Plan area. The focus on mixed-use in the city’s core allows for more flexibility in where new housing units can be constructed, which should result in more choices in housing types and locations, particularly for residents looking for more urban options.
* Note: In 2024, Urgency Ordinance No. 24-03 removed emergency shelters as an allowable use in the General Commercial (CR) zone, which includes the Avenue of Flags Specific Plan area, and added emergency shelters as a use allowed by-right (without a conditional use or discretionary permit) in the Industrial (M) zone.
Page H-58
Table H-30 Parking Rates for Residential Land Uses
Residential Use Required Number of Spaces
Single-Family Dwelling 2 covered spaces per dwelling unit Two-Family Dwelling 2 covered spaces per dwelling unit
Multiple Dwelling Units:
Single bedroom or studio unit 1 per dwelling unit
Two-bedroom unit 2 per dwelling unit, to be located within 200 ft of the building Three or more bedrooms 2.5 per dwelling unit, to be located within 200 ft of the building
Visitor Parking 1 for each 5 dwelling units
Guest Houses 1 per guest house
Group Housing (e.g., fraternities, boarding
houses)
1 for every 4 beds; 1 for each 2 employees
Retirement and Special Care Homes 1 per guest room, 1 for each 2 employees Emergency Shelters 1 per 7 beds; 1 per employee, but no more than max required for residential or commercial uses in same zone* Mobilehome Park 2 per mobilehome lot (may be in tandem), one shall be covered. 1 guest parking space for each 3 mobilehomes.
Source: Buellton Zoning Ordinance, City of Buellton, 2022; *Buellton Zoning Ordinance, City of Buellton, 2025 Page H-59
Table H-31 Housing Types Permitted by Zone
Residential Use
Zone
RS RM PRD MHP CN CR CS M OS REC PQP
Accessory dwelling units
(ADUs)
A A A N N N N N N N N
Agricultural employee
housing (6 or fewer persons)
A A A A N N N N N N N
Agricultural employee
housing (7 or more persons)
MUP MUP MUP DP N N N N N N N
Caretaker housing MUP MUP MUP MUP N N N N N CUP N
Caretaker and Employee
Housing
N N N N N N MUP MUP N N N
Condominiums, stock
cooperatives, community
apartments
N DP, A DP, A N N N N N N N N
Duplexes N DP, A DP, A N N N N N N N N
Emergency shelters* N CUP N N N NA NCUP ACUP N N N
Farm employee housing N CUP CUP N CUP CUP CUP CUP A CUP CUP Live-work/Work-live N N N N N N DP DP N N N
Dwellings - Mixed-use N DP N N DP,
CUP
DP,
CUP
DP DP N N N
Mobilehome parks N N N DP N N N N N N N
Mobilehomes A DP, A DP, A A N N N N N N N
Multi-family dwellings N DP, A DP, A N N N N N N N N
Residential Use
Zone
RS RM PRD MHP CN CR CS M OS REC PQP
Residential care homes,
6 or fewer clients
A A A A N N N N N N N
Residential care homes, 7 or
more clients
MUP MUP MUP DP N N N N N N N
Shared living arrangements A A A A N N N N N N N
Single-family dwellings A A A N N N N N N N N
Special needs housing CUP CUP CUP CUP CUP CUP CUP CUP N N N Temporary dwelling A A A A N N N N N N N
Transitional housing A A N N N N N N N N N
Source: Buellton Zoning Ordinance, City of Buellton, 2022; *Buellton Zoning Ordinance, City of Buellton, 2024 Page H-61 to H-63
As of 2022, the Emergency Shelters Section 19.06.260 of the Zoning Ordinance was last updated in 2010 and providesd the following standards for emergency shelters:
The property is located more than five hundred (500) feet from any other emergency shelter and approval will not result in an over-concentration of emergency shelters in the surrounding area; and
That not more than thirty (30) persons, exclusive of staff, will be permitted on the site, if the proposed shelter is located on a lot or parcel of land of less than one acre; and On-site parking spaces shall be provided as required in Section 19.04.142; and That the land uses and developments in the immediate vicinity of the site will not constitute an immediate or potential hazard to occupants of the shelter; and The facility must conform to all development standards of the zoning district in which it is located, except as modified by this section; and
Emergency shelters are to be available to residents for no more than sixty (60) days.
Extensions up to a total stay of one hundred eighty (180) days may be provided, if no alternative housing is available; and
The shelter shall be operated by a responsible agency or organization, with experience in managing or providing social services. On-site management and appropriate security shall be provided at the shelter.
The provisions of Section 19.060.260 were last updated in 2010. Objective development standards for emergency shelters, per Government Code §65583(a)(4), were last updated in 2022. The City’s development standards for emergency shelters are not in compliance with current state law and could potentially constrain their development as a result. The objective standards for Emergency Shelters will be brought into compliance with current state law as a program of this Housing Element, specifically to update the separation standard from 500 feet to 300 feet and to update the parking requirement so that parking is based on demonstrated need and cannot be more than a residential or commercial use in the same zone. See Program 3.a.
Government Code §65583(a)(4) requires jurisdictions to identify a zone or zones that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use
without a conditional use or other discretionary permit. As of 2024, per City Council Urgency Ordinance No. 24-03, Eemergency shelters are permitted by-right through a zoning clearance approval process in the Avenue of Flags Specific Plan areaIndustrial/Manufacturing (M) Zone, which specifically allows for mixed use development, through a zoning clearance approval, and therefore the City is in compliance with Government Code §65583(a)(4). The zoning clearance is a ministerial approval process based on objective standards. In addition, emergency shelters are permitted in the Multi-Family Residential (RM) zone through the approval of a conditional use permit. The Avenue of Flags Specific Plan does not contain development standards that would constrain the development of Emergency Shelters. The Specific Plan contains objective, formbased standards based on established building types. Among the allowable building types, they must be a minimum of 16 feet in height and could be up to 50 feet in height when applying Development Opportunity Reserve incentives.
The General Commercial (CR) zone also allows for Emergency Shelters through a zoning clearance approval despite not allowing residential uses, including mixed uses. The CR development standards are minimal and do not present a constraint to development. The CR does not have minimum lot area, front setback, side setback, site coverage, or floor area standards.
The CR zone only requires a rear setback maximum of 10 feet, when not adjacent to residential zoning districts, 5-foot minimum interior setback for residential structures, and a height limit of 35 feet which allows buildings to be three stories, if proposed.
The Avenue of Flags Specific Plan area and the CR zone have adequate capacity to accommodate an emergency shelter. Specifically, the Avenue of Flags Specific Plan area and the CR zone contains two vacant parcels, APNs 137-190-017 and 137-170-043, which could accommodate emergency shelters. Both parcels are centrally located within the city’s downtown area and are within immediate walking distance of bus stops and less than a mile from services such as City Hall, a grocery store, a pharmacy, and two banks. These sites do not possess hazardous conditions or any other conditions inappropriate for human habitat, they are vacant lots in downtown with prime access to transportation, goods, and services. The existing zoning clearance approval process does not present a constraint to the development of Emergency Shelters in the CR zone and Avenue of Flags Specific Plan area.
In addition, emergency shelters are permitted in the Multi-Family Residential (RM), Service Commercial (CS), and Industrial/Manufacturing (M) zones through the approval of a conditional use permit. The M zone development standards do not present significant constraints to development. The M zone has no maximum floor area requirement, a 50% site coverage maximum, and a height limit of 45 feet. The M zone requires a 20 foot minimum front setback, no side setback except a 10 foot street side setback, no rear setback except a 50 foot setback when adjacent to residential zoning, and no interior setbacks to other structures unless required by the Uniform Building Code. The M zone has adequate capacity to accommodate an emergency shelter. There are properties suitable for the establishment of an emergency shelter in the M zone in the northern ends and southern ends of the City’s jurisdictional boundaries. The M zone land area contains large, underutilized parcels that are appropriate in size and are capable of being converted for use as an emergency shelter. Properties in the City’s two M zone areas are
all within 1 mile walking distance of bus stops, and within 1.5 miles maximum (a majority of sites are closer) from services such as City Hall, a grocery store, a pharmacy, and a bank. The identification of additional zones where emergency shelters are permitted with a conditional use permit is also in compliance with Government Code §65583(a)(4).
ORDINANCE NO. 25-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, AMENDING TITLE 19 OF
THE BUELLTON MUNICIPAL CODE IN ORDER TO
IMPLEMENT PROGRAMS 1 AND 3 OF THE GENERAL
PLAN HOUSING ELEMENT AND TO MAKE PERMANENT
URGENCY ORDINANCE NO. 24-03 REGARDING
EMERGENCY SHELTERS
WHEREAS, the City Council of the City of Buellton (the “City Council”) approved and adopted an updated Housing Element on May 11, 2023, by Resolution No. 23-09 (the “Housing Element”); and
WHEREAS, on August 1, 2023, the California Department of Housing and Community Development (“HCD”) certified the Housing Element; and
WHEREAS, the Housing Element calls for a variety of implementing actions to amend Title 19 of the Buellton Municipal Code (the “Zoning Ordinance”) for compliance with State legislation related to affordable housing and community housing needs, specifically in Programs 1 and 3; and
WHEREAS, State law requires that the City’s Zoning Ordinance conform to the General Plan’s goals and policies; and
WHEREAS, Urgency Ordinance No. 24-03 was adopted on May 9, 2024, which revised the permit type required for emergency shelters in the industrial and manufacturing zoning district from a conditional use permit to a zoning clearance, and removed emergency shelters as an allowable use in the general commercial and service commercial zoning districts; and WHEREAS, all legal prerequisites have occurred prior to the adoption of this Ordinance.
NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Buellton:
SECTION 1: 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 any aspect of the Ordinance, 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 April 24, 2025 (the “Public Hearing”).
Ordinance No. 25-02 Page 2 April 24, 2025
2. All oral, written and visual materials presented by City staff and consultants in conjunction with the Public Hearing.
3. The following informational documents which, by this reference, are incorporated herein.
a. That certain written report concerning the Housing Element Amendment dated April 24, 2025 (the “Staff Report”) and all attachments.
b. The recommendations from the Planning Commission as contained in Planning Commission Resolution No. 25-03, adopted March 20, 2025.
B. Public Review. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in the Buellton Municipal Code have been lawfully satisfied:
1. A notice of the Public Hearing was emailed to interested persons on April 3, 2025 and was published in a newspaper of general circulation on April 3, 2025 (the “Public Notice”), a minimum of twenty (20) days in advance of the April 24, 2025, Public Hearing.
2. The Public Notice for the Public Hearing was posted in two conspicuous public places on April 10, 2025, a minimum of ten (10) days in advance of the April 24, 2025, Public Hearing.
C. Environmental Clearance. 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 zoning ordinance amendments are adequately addressed in the prior Initial Study/Negative Declaration (IS/ND) adopted for the 2023-2031 Housing Element Update, and no further environmental review is required. Further, the zoning ordinance amendments related to Urgency Ordinance 24-03 are the same as approved with the urgency ordinance, which was found to be exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3).
D. Consistency Declarations. Based on (i) the evidence presented in the Staff Report (incorporated herein by reference), (ii) consultations with affected City Departments, including the City Attorney, (iii) the recommendation from the Planning Commission and (iv) testimony and comments received in connection with the public hearing, the City Council does hereby declare as follows:
Ordinance No. 25-02 Page 3 April 24, 2025
1. Zoning Ordinance Amendments.
a. Findings:
i. The Zoning Ordinance Amendment is in the interests of the general community welfare as it promotes housing opportunities for the varying needs of households, including the elderly, moderate and lower income, and other socio-economic groups.
ii. The Zoning Ordinance Amendment is consistent with the General Plan, including General Plan Housing Element Programs 1 and 3, the requirements of state planning and zoning laws, and Title 19 of the Zoning Ordinance.
iii. The Zoning Ordinance Amendment is consistent with good zoning and planning practices.
SECTION 2: Rescission. Urgency Ordinance No. 24-05 is hereby rescinded pursuant to the authority conferred upon the City Council by Government Code Section 65858.
SECTION 3: Amendments. (Note: Double underlining denotes language additions to the Buellton Municipal Code and stricken language is to be removed):
A. Section 19.02.110 of Chapter 19.02 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.02.110 Residential zone allowable land use and permit requirements.
The uses of land allowed by this title in each residential zone are identified in the following tables as being:
A. Allowed subject to zoning clearance (“A” uses on the tables) (see Section
19.08.100); or
B. Allowable subject to approval of a minor use permit (“MUP”) (Section
19.08.110); or
C. Allowable subject to approval of a conditional use permit (“CUP”) (Section
19.08.110); or
D. Allowable subject to approval of a Development Plan (“DP”) (Section
19.08.120).
Land uses that are not listed on the tables or are not shown in a particular zone are not allowed, except where otherwise provided by Section 19.02.030(B) of this chapter.
Ordinance No. 25-02 Page 4 April 24, 2025
RESIDENTIAL ZONES AND PERMIT REQUIREMENTS
LAND USE TYPES PERMIT REQUIREMENT BY ZONE
RS RM PRD MH
P
See Section
Agricultural, Resource and Open Space Uses
Agricultural accessory structures A 19.06.010
Animal raising and keeping A A A A 19.06.020
Animal keeping, more than permitted by zone MUP MUP MUP MUP 19.06.020 Crop production (non-commercial) A A
Equestrian facilities CUP CUP CUP CUP
Grazing (non-commercial) A
Greenhouses, 300 sq. ft. or less A DP, A
Greenhouses, larger than 300 sq. ft. MUP
Recreation, Education and Public Assembly Uses
Churches CUP CUP CUP CUP
Community centers A DP, A DP, A
Libraries and museums CUP CUP CUP CUP
Parks, playgrounds, golf courses A DP, A DP, A CUP
Schools — College and university CUP CUP CUP CUP
Schools — Elementary CUP CUP CUP CUP
Schools — Secondary CUP CUP CUP CUP
Schools — Specialized education and training CUP CUP CUP CUP Residential Uses
Accessory dwelling units (ADUs) A A A 19.06.180
Agricultural employee housing, 6 or fewer
persons
A A A A 19.02.140
Agricultural employee housing complex, 7 or
fewer persons MUP MCUP
MCU
P DP
19.06.330
19.02.140
Caretaker housing MUP MUP MUP MUP 19.06.220
Condominiums, stock cooperatives, community
apartments
DP, A DP, A 19.06.060
Ordinance No. 25-02 Page 5 April 24, 2025
Duplexes DP, A DP, A
Emergency shelters CUP
Employee housing, 6 or fewer persons A A A A 19.06.320
Farm employee housing CUP CUP
Group home, large MUP MUP MUP 19.06.310
Home occupations A A A A 19.06.100
Manufactured homes A A A A 19.06.110
Mobile home parks DP 19.06.120
Mobile homes A DP,A DP,A A 19.06.110
Multifamily dwellings DP, A DP, A
Residential accessory uses A A A A
Residential care homes, 6 or fewer clients A A A A
Residential care homes, 7 or more clients MUP MUP MUP DP 19.06.310 Shared living arrangements A A A A 19.02.140
Short-term lodging 19.02.150
Single-family dwellings A A A
Special needs housing CUP CUP CUP CUP 19.02.140
Supportive housing A A 19.06.300
Temporary second dwellings A A A A 19.06.2100
Transitional housing A A A
Service Uses
Cemeteries, columbariums and mortuaries CUP CUP CUP CUP 19.06.130 Child day care, centers MUP MUP DP, A MUP 19.06.050
Child day care, family care homes A A A 19.06.050
Medicalservices — Hospitals and extended
care
CUP CUP
Public utility facilities CUP CUP CUP CUP
Temporary real estate offices A A A A 19.06.210
Transportation and Communications
Airfields and landing strips CUP CUP CUP CUP
Ordinance No. 25-02 Page 6 April 24, 2025
Antennas, communication facilities, non-CPUC
regulated
MUP MUP MUP MUP
Antennas, communication facilities, CPUC
regulated
CUP CUP CUP CUP
Antennas, communication facilities, more than
50 ft. high
CUP CUP CUP CUP
Heliports CUP CUP CUP CUP
Pipelines and transmission lines CUP CUP CUP CUP 19.06.150 Other Uses
Mixed use DP Ch. 19.18
KEY TO PERMIT REQUIREMENTS
Allowed use, zoning clearance required A 19.08.100
Minor use permit required MUP 19.08.110
Conditional use permit required CUP 19.08.110
Development plan required DP 19.08.120
Use not allowed
Note: See Section 19.01.050(C) regarding uses not listed; see Chapter 19.12 for definitions of listed uses.
B. Section 19.02.120, Paragraph E, of Chapter 19.02 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
E. Multifamily Infill Projects. Applications for development of multifamily dwellings on property zoned RM shall be processed as follows:
1. Zoning Clearance. Residential projects as defined in Section 19.1612.012020 and conforming to the following criteria shall be allowed by zoning clearance under the jurisdiction of the planning director as provided in Sections 19.02.110 and 19.08.100 of this code: (a) the residential project qualifies for a categorical exemption under the California Environmental Quality Act as defined in Title 14. Chapter 3. Section 15332 of the California Code of Regulations:
and (b) the physical attributes of design conform to the development standards of the underlying RM zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city.
Ordinance No. 25-02 Page 7 April 24, 2025
2. Development Plan Approval. Residential projects which do not otherwise qualify for a zoning clearance may be allowed by development plan approval under the jurisdiction of the planning commission as provided in Sections 19.02.110 and 19.08.120 of the Buellton Municipal Code. The physical attributes of design shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city except or unless a modification is granted under the provisions of Section 19.08.120(G)(1) of this code.
C. Section 19.02.120, Paragraph F, of Chapter 19.02 of Title 19 of the Buellton Municipal Code is hereby repealed in its entirety.
F. Residential Density, Single-Family Projects. The maximum number of dwellings that may be allowed as part of a single-family project, not constructed as part of a mixed-use or AHOZ development (as described in Sections 19.02.220(C) and 19.16.013, respectively), shall be adjusted for number of bedrooms per the table entitled Density Equivalents Large Unit Preference.
1. By way of example. and for illustrative purposes only, where parcelsize istwo gross acres and the underlying zone designation is RS-6 (the equivalent of seven du/acre), the maximum number of dwellings that may be permitted in a stand-alone single-family project is computed as follows:
a. For Studio Units. Seven units per gross acre divided by a factor of 1.00 times two gross acres equals fourteen (14) units.
b. For One Bedroom Units. Seven units per gross acre divided by a factor of
0.85 times two gross acres equals sixteen (16) units.
c. For Two Bedroom Units. Seven units per gross acre divided by a factor of 0.75 times two gross acres equals nineteen (19) units.
d. For Three or More Bedroom Units. Seven units per gross acre divided by a factor of 0.65 times two gross acres equals twenty-two (22) units.
2. The maximums illustrated above are listed for each individual category of unit type independent of each other category. In no event may the cumulative number of all dwellings within a single project exceed fifty (50) percent of the base density.
By way of further example, and utilizing the assumptions above, where a singlefamily project includes a combination of dwelling sizes, the maximum number of dwellings that may be permitted in a single project is computed as follows:
a. For Studio Units. Seven units per gross acre divided by a factor of 1.00 times two gross acres times zero percent equals zero units.
Ordinance No. 25-02 Page 8 April 24, 2025
b. For One Bedroom Units. Seven units per gross acre divided by a factor of
0.85 times two gross acres times zero percent equals zero units. c. For Two Bedroom Units. Seven units per gross acre divided by a factor of 0.75 times two gross acres times fifty (50) percent equals nine units. d. For Three or More Bedroom Units. Seven units per gross acre divided by a factor of 0.65 times two gross acres times fifty (50) percent equals eleven (11) units.
3. Maximum Allowable Project Size. Seven units per gross acre times a factor of 1.5 times two gross acres equals twenty-one (21) units
4. Project Size Calculation. Zero studio units plus zero one-bedroom units plus nine two-bedroom units plus eleven (11) three-bedroom units equals twenty (20) units.
Density Equivalents Large Unit Preference (Illustrated
Example)
Unit Size
Proposed Project
No. of
Units
% of Total
Units
Studio 0 0%
One bedroom 0 0%
Two bedroom 7 50%
Three or more bedroom 7 50%
Total 14 100%
D. Section 19.02.140 of Chapter 19.02 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.02.140 Special housing types.
A. Agricultural Employee Housing.
1. Agricultural employee housing serving six or fewer persons and conforming to the following criteria, shall be allowed by zoning clearance under the jurisdiction of the planning director as provided in Sections 19.02.110 and 19.08.100 of this code:
a. Persons having the right to occupy employee housing shall be restricted to individuals engaged in agricultural occupations consistent with the standards and
Ordinance No. 25-02 Page 9 April 24, 2025
limitations prescribed in the Employee Housing Act and its implementing regulations; b. The physical attributes of design shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city; and
c. Off-street parking shall be provided at a ratio of one space for each habitable room, two of which must be covered.
2. Agricultural employee housing serving seven or more persons, or projects which do not do otherwise qualify for a zoning clearance, may be allowed by minor use permit underthe jurisdiction of the planning commission as provided in Sections 19.02.110 and 19.08.110 of the Buellton Municipal Code.
BA. Shared Living Arrangements. Shared living arrangements, including supported living (e.g., in- home supportive services) and licensed community care facilities, may be occupied without regard to familial status, disability or other population segment stipulated in fair housing statutes (e.g., individuals with Alzheimer’s, AIDS/HIV, and homeless).
CB. Special Needs Housing. Special needs housing, as defined in Section 19.126.0120, are allowed by conditional use permit as provided in in Chapter 19.02 and Section 19.08.110 of this Title in all zone districts. The development standards for projects requiring a conditional use permit shall be those that are specified for the underlying zone district where the project is located, provided, however, that such development standards may be modified or waived by development plan (as provided in Section 19.08.120(G)(1)).
DC. Non-Discrimination. No project shall be denied nor shall any condition be imposed on a project over which the city has discretionary approval (as codified in Chapter 19.08) with regard to familial status, disability or other population segment stipulated in fair housing statutes (e.g., individuals with Alzheimer’s, AIDS/HIV, and homeless).
E. Section 19.02.210 of Chapter 19.02 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.02.210 Commercial and industrial zone allowable land use and permit requirements.
The uses of land allowed by this title in the commercial and industrial/manufacturing zoning districts are identified in the following tables as being:
A. Allowed subject to zoning clearance (“A” uses on the tables) (see Section
19.08.100); or
B. Allowable subject to approval of a minor use permit (“MUP”) (Section
19.08.110); or
C. Allowable subject to approval of a conditional use permit (“CUP”) (Section
Ordinance No. 25-02 Page 10 April 24, 2025
19.08.110); or
D. Allowable subject to approval of a Development Plan (“DP”) (Section
19.08.120).
Land uses that are not listed on the tables or are not shown in a particular zone are not allowed, except where otherwise provided by Section 19.02.030(B) of this chapter.
COMMERCIAL/INDUSTRIAL ZONES AND PERMIT
REQUIREMENTS
LAND USE TYPES PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Agricultural, Resource and Open Space Uses
Agricultural support uses DP, A DP, A
Equestrian facilities CUP CUP CUP
Plant nurseries DP, A DP, A
Manufacturing and Processing Uses
Chemical products DP, A
Clothing products DP, A
Concrete, gypsum and plaster products DP, A
Electrical and electronic equipment, instruments DP, A DP, A Food products DP, A DP, A
Furniture and fixtures manufacturing MUP DP, A DP, A
Glass products DP, A
Handicraft industries and small-scale
manufacturing MUP MUP DP, A 19.06.090
Lumber and wood products DP, A
Machinery manufacturing CUP
Metal manufacturing industries CUP
Metal products fabrication, machine and
welding shops
DP, A
Motor vehicles and transportation equipment DP, A
Paper products CUP
Paving materials CUP
Ordinance No. 25-02 Page 11 April 24, 2025
Plastics and rubber products CUP
Printing and publishing CUP MUP DP, A DP, A
Recycling collection stations MUP MUP CUP DP, A
Recycling,scrap and wrecking yards CUP
Slaughterhouses and rendering plants CUP
Stone and cut stone products CUP
Structural clay and pottery products CUP
Textile and leather products CUP
Wholesaling and distribution CUP DP, A DP, A
Recreation, Education and Public Assembly Uses
Churches CUP CUP CUP CUP
Community centers CUP CUP CUP
Golf courses and driving ranges A-DP CUP CUP
Libraries and museums CUP CUP CUP CUP
Membership organization facilities CUP CUP CUP CUP
Outdoor commercial recreation CUP CUP
Parks and playgrounds DP, A
Recreation and fitness centers DP, A DP, A DP, A MUP
Recreational vehicle parks and camping DP, A CUP
Schools — College and university CUP CUP CUP CUP
Schools — Elementary and secondary, private CUP CUP CUP CUP Schools — Specialized education and training DP, A DP, A CUP CUP Sport facilities and outdoor public assembly CUP CUP CUP Temporary events MUP DP, A DP, A A 19.06.030
Theaters and meeting halls CUP DP, A
Residential Uses
Agricultural employee housing complex CUP CUP CUP CUP 19.06.330 Caretaker and employee housing MUP MUP
Dwellings CUP CUP 19.02.220(C)
Dwellings — Mixed use DP DP DP DP Ch. 19.18
Emergency shelters A CUP ACU 19.06.260
Ordinance No. 25-02 Page 12 April 24, 2025
P
Farm employee housing CUP CUP CUP CUP
Home occupations CUP CUP 19.06.100
Low barrier navigation center A A A 19.06.290
Residential accessory uses DP DP DP DP Ch. 19.18
Special needs housing CUP CUP CUP CUP 19.02.140
Supportive housing A A 19.06.300
Transitional housing A A
Retail Trade
Auto, mobile home, vehicle sales MUP DP, A DP, A
Auto parts sales MUP MUP DP, A DP, A
Building material stores MUP DP, A DP, A
Certified farmers’ markets MUP MUP 19.06.040
Drive-in and drive-thru sales CUP CUP CUP
Farm equipment and suppliessales DP, A DP, A DP, A
Fuel and ice dealers DP, A DP, A DP, A
Furniture, furnishings and equipment stores MUP DP, A
Grocery and liquor stores, and indoor/outdoor
farmers markets, 5,000 sq. ft. or less DP, A DP, A MUP
Grocery and liquor stores, and indoor/outdoor
farmers markets, more than 5,000 sq. ft. DP, A CUP
Mail order and vending MUP DP, A DP, A
Parking lot sales DP, A DP, A DP, A 19.06.140
Restaurants and bars DP, A DP, A DP, A DP, A
Restaurants, fast food MUP CUP CUP
Retailstores, general merchandise MUP DP, A DP, A
Secondhand stores MUP CUP CUP MUP
Shopping centers CUP DP, A CUP
Transitional housing CUP CUP
Service Uses
Banks and financialservices DP, A DP, A
Ordinance No. 25-02 Page 13 April 24, 2025
Business support services DP, A DP, A DP, A DP, A
Cannabis testing laboratories CUP 19.20.030
Cemeteries, columbariums and mortuaries CUP CUP CUP 19.06.130 Child day care, centers CUP CUP CUP 19.06.050
Construction contractors DP, A
COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS
LAND USE TYPES PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Drive-in and drive-thru services CUP CUP CUP 19.06.070
Hotels and motels DP, A
Kennels and animal boarding DP, A DP, A
Laundries and dry cleaning plants CUP CUP DP, A DP, A
Medicalservices — Clinics and laboratories CUP CUP CUP
Medicalservices — Hospitals and extended
care
CUP CUP CUP
Medical services — Veterinary clinics and
hospitals
CUP MUP DP, A DP, A
Offices DP, A DP, A DP, A DP, A
Offices, temporary MUP MUP MUP MUP 19.06.210
Personal services DP, A DP, A
Public safety facilities DP, A DP, A DP, A A
Public utility facilities CUP CUP DP, A DP, A
Repair and maintenance — Accessory to sales MUP DP, A DP, A DP, A Repair and maintenance — Consumer products MUP DP, A DP, A DP, A Repair and maintenance — Vehicle, indoor DP, A DP, A DP, A Repair and maintenance — Vehicle, outdoor MUP MUP MUP
Service stations MUP MUP MUP MUP
Storage, accessory A-DP DP, A DP, A DP, A
Storage of petroleum products for on-site use MUP MUP MUP MUP Storage yards and sales lots DP, A
Ordinance No. 25-02 Page 14 April 24, 2025
Warehousing DP, A DP, A
Transportation and Communications
Airfields and landing strips CUP CUP CUP
Antennas, communication facilities, non-CPUC
regulated
MUP MUP MUP MUP
Antennas, communication facilities, CPUC
regulated
CUP CUP CUP
Broadcasting studios DP, A
Heliports CUP CUP CUP
Pipelines and transmission lines CUP CUP CUP CUP 19.06.150 Transit stations and terminals CUP CUP DP, A
Truck stops MUP DP, A
Vehicle and freight terminals MUP DP, A
Vehicle storage DP, A DP, A DP, A
KEY TO PERMIT REQUIREMENTS
Allowed use, zoning clearance required A 19.08.100
Minor use permit required MUP 19.08.110
Conditional use permit required CUP 19.08.110
Development plan required DP 19.08.120
Development plan for the first development of a
vacantsite or any exterior alteration of an existing
building that requires a building permit; zoning
clearance for reuse of an existing building with no
changes in appearance
DP, A 19.08.120
Use not allowed
Note: See Section 19.01.050(C) regarding uses not listed. See Chapter 19.12 for definitions of listed uses.
F. Section 19.02.220 of Chapter 19.02 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.02.220 Commercial/industrial zone general development standards.
Ordinance No. 25-02 Page 15 April 24, 2025
A. Site Development Standards. The following minimum requirements apply to development within the commercial and industrial zoning districts. Additionalstandards are in Chapters 19.04 and 19.06 of this title. Refer to Chapter 19.18 of this title for additional standards relating to mixed-use projects.
Development Feature
Requirement by Zoning
District
CN CR CS M
Minimum lot area No minimum for new subdivisions or uses Residential density
(maximum allowed)
See Chapter 19.18 for Mixed Use Regulations
10 dwellings per acre (See Section
19.02.220(C))
1 employee unit
per site
None allowed
Setbacks See Section 19.04.160 for the measurement of, and exceptionsto setback requirements
Front 10 ft. minimum None required 10 ft. minimum 20 ft. minimum Side
None
required,
except per
Section
19.04.160
None required,
3 ft. minimum if setbacks proposed
10 ft. minimum
streetside, none
otherwise
Rear
None
required,
except per
Section
19.04.160
10% of lot depth, to 10 ft.
maximum; 25 ft. minimum
adjacent to residential zoning;
50 ft. for a shopping center adjacent
to residential zoning
50 ft. minimum
adjacent to
residential
zoning, none
otherwise
Interior
None, unless
required by the
Uniform
Building Code
(UBC)
5 ft. minimum for
residential
structures, none
otherwise
None, unless required by
the Uniform Building
Code (UBC)
Site coverage 40% maximum No maximum 50% maximum
Floor area
5,000 sq. ft.
max. per
establishment
No maximum
Height limit 35 ft. maximum 45 ft. maximum
Ordinance No. 25-02 Page 16 April 24, 2025
See Section 19.04.110 for exceptions to height limits
Parking See Section 19.04.140 (parking and loading)
Landscaping See Section 19.04.120 (landscaping requirements) B. Limitation on Floor Area, CN District. The maximum floor area of individual tenantspacesin a commercial development shall not exceed five thousand (5,000) square feet.
C. Mixed-Use Projects. Residences may be constructed in conjunction with commercial development as mixed-use projects in the CN and CR zoning districts subject to the density provisions and the standards contained in Chapter 18 of this title.
1. Residential Density. The maximum number of dwellings that may be allowed as part of a mixed-use projectshall be fifteen (15) dwellings per gross acre, adjusted for number of bedrooms per the table entitled “Density Equivalents Small Unit Preference.” By way of example, and for illustrative purposes only, where parcelsize istwo gross acres, the maximum number of dwellings that may be permitted in a mixed-use project is computed as follows. a. For Studio Units. 15 units per gross acre divided by a factor of 0.65 times 2 gross acres = 46 units.
b. For One Bedroom Units. 15 units per gross acre divided by a factor of 0.75 times 2 gross acres = 40 units.
c. For Two Bedroom Units. 15 units per gross acre divided by a factor of 0.85 times 2 gross acres
= 35 units.
d. For Three or More Bedroom Units. 15 units per gross acre divided by a factor of
1.00 times 2 gross acres = 30 units.
2. The maximums illustrated above are listed for each individual category of unit type independent of each other category. In no event may the cumulative number of all dwellings within a single project exceed fifty (50) percent of the base density. By way of further example, and utilizing the assumptions above, where a mixed-use project includes a combination of dwelling sizes, the maximum number of dwellings that may be permitted in a single project is computed as follows:
a. For Studio Units. 15 units per gross acre divided by a factor of 0.65 times 2 gross acres times 50% = 23 units.
b. For One Bedroom Units. 15 units per gross acre divided by a factor of 0.75 times 2 gross acres times 25% = 10 units.
c. For Two Bedroom Units. 15 units per gross acre divided by a factor of 0.85 times 2 gross acres times 25% = 9 units.
Ordinance No. 25-02 Page 17 April 24, 2025
d. For Three or More Bedroom Units. 15 units per gross acre divided by a factor of
1.00 times 2 gross acres times 0% = 0 units.
e. Maximum Allowable Project Size. 15 units per gross acre times a factor of 1.5 times 2 gross acres = 45 units.
f. Project Size Calculation. 23 studio units plus 10 one bedroom units plus 9 two bedroom units plus 0 three bedroom units = 42 units.
Density Equivalents Small Unit Preference
Unit Size Factor
Studio 0.65
One bedroom 0.75
Two Bedroom 0.85
Three or more bedroom 1.0
Density Equivalents Small Unit Preference (Illustrative Example Unit Size
Proposed Project
No. of Units % of Total Units
Studio 23 50%
One bedroom 10 25%
Two bedroom 9 25%
Three or more bedroom 0 0%
Total 42 100%
DC. Outdoor Storage, TrashCollection Areas. Areasfortrash or outdoorstorage shall be enclosed and screened to conceal all trash or stored material from public view.
ED. Performance Standards for Industrial and Manufacturing Uses. Proposed development and land uses within the M (Industrial/Manufacturing) zoning district shall be designed, constructed, operated and maintained so as to comply with the following standards:
1. General Requirement. All activities shall be conducted in such a manner so as not to be injurious to the health, safety, or welfare of persons residing or working in the neighborhood by reason of danger to life or property.
2. Gases, Odors. No offensive odors or fumes, noxious gases, or liquids, heat, glare, or radiation generated by or resulting from any use, other than motor vehicles or lighting fixtures, operated on any lot shall be detectable at any point along the boundary of or outside
Ordinance No. 25-02 Page 18 April 24, 2025
of the lot upon which such use is located.
3. Noise. Noise standards are contained in Section 8.04.030(G) of the municipal code.
4. Smoke, Dust. Except for the heating of buildings, there shall be no smoke or dust generated by or resulting from any use, other than motor vehicles, located upon the lot.
5. Vibration. Any ground vibration inherently and recurrently generated by or resulting from any use, other than motor vehicles, operated on any lot shall not be perceptible without instruments at any point along the boundary of or outside of the lot upon which such use is located.
FE. Community Design Guidelines. Every proposal shall be reviewed using the community design guidelines.
GF. Variable Height Limit. The maximum building height allowed in the CN or CR zoning district for property with frontage along Avenue of Flags may be increased to a maximum of forty-five (45) feet on a case-by-case basis in conjunction with development plan approval under the jurisdiction of the planning commission as provided in Sections 19.02.110 and 19.05.120 of the Buellton Municipal Code. The determination of maximum building height shall take into account the variable topographic conditions along Avenue of Flags including: (1) the change of grade elevations from intersection Jonata Road to the intersection of Highway 246; and (2) the change of grade elevations from street frontage to rear of lot for properties located along the easterly side of Avenue of Flags.
G. Section 19.02.310 of Chapter 19.02 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.02.310 Special purpose zone allowable land use and permit requirements.
The uses of land allowed by this title in the special purpose zones are identified in the following tables as being:
A. Allowed subject to zoning clearance (“A” uses on the tables) (see Section
19.08.100); or
B. Allowable subject to approval of a minor use permit (“MUP”) (Section
19.08.110); or
C. Allowable subject to approval of a conditional use permit (“CUP”) (Section
19.08.110); or
D. Allowable subject to approval of a development plan (“DP”) (Section
19.08.120).
Land uses that are not listed on the tables or are not shown in a particular zone are not allowed, except where otherwise provided by Section 19.02.030(B) of this chapter.
Ordinance No. 25-02 Page 19 April 24, 2025
SPECIAL PURPOSE ZONES AND PERMIT
REQUIREMENTS
LAND USE TYPES PERMIT REQUIREMENT
OS REC PQP See Section
Agricultural, Resource and Open Space Uses
Agricultural accessory structures DP, A 19.06.010
Agricultural support uses DP, A
Animal keeping DP, A
Animal keeping, more than permitted by zone MUP
Crop production CUP
Equestrian facilities CUP CUP
Grazing ACUP
Recreation, Education and Public Assembly Uses
Churches CUP
Golf courses and driving ranges CUP CUP
Libraries and museums CUP
Membership organization facilities CUP
Parks and playgrounds CUP DP, A
Recreational vehicle parks and camping DP, A
Schools — College and university CUP
Schools — Elementary CUP
Schools — Secondary CUP
Schools — Specialized education and training CUP
Sports activities and outdoor public assembly MUP
Residential Uses
Agricultural employee housing complex CUP CUP CUP 19.06.330 Caretaker and employee housing CUP 19.06.220
Ordinance No. 25-02 Page 20 April 24, 2025
Farm employee housing A CUP CUP
Home occupations MUP 19.06.080
Residential accessory uses MUP
Retail Trade
Restaurants and bars CUP
Roadside stands for agricultural products MUP 19.06.130 Service Uses
Cemeteries, columbariums and mortuaries CUP 19.06.100
Medicalservices — Hospitals and extended
care
CUP
Offices, temporary MUP MUP 19.06.190
Public safety facilities A A A
Public utility facilities CUP CUP DP, A
Storage, accessory A
Transportation and Communications
Airfields and landing strips CUP CUP
Antennas, communication facilities, non-CPUC
regulated
MUP MUP MUP
Antennas, communication facilities, CPUC
regulated
CUP CUP CUP
Antennas, communication facilities, more than
50 feet high
CUP CUP CUP
Heliports CUP CUP
Pipelines and transmission lines CUP CUP CUP 19.06.130
KEY TO PERMIT REQUIREMENTS
Allowed use, zoning clearance required A 19.08.100
Minor use permit required MUP 19.08.110
Conditional use permit required CUP 19.08.110
Development plan required DP 19.08.120
Ordinance No. 25-02 Page 21 April 24, 2025
Use not allowed
Note: See Section 19.01.050(C) regarding uses not listed; see Chapter 19.12 for definitions of listed uses.
H. Section 19.06.110 of Chapter 19.06 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.06.110 Manufactured homes and Mmobilehomes on foundations.
Where permitted in the applicable zoning districts, manufactured homes and mobile homes that are certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 USC Section 5401 et seq.) shall be considered a single-family dwelling, and constructed on a permanent foundation system, pursuant to Health and Safety Code Section 18551, and shall conform to the development standards of the underlying zoning district (i.e. building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city., shall be subject to the following requirements:
A. The mobile home shall have a roof overhang unless waived by the commission because the absence of a roof overhang would be appropriate and of good design in relation to other structures on the site and in the immediately affected surrounding area;
B. Roofing and siding shall be nonreflective; and
C. Siding shall extend to the ground level.
I. Section 19.06.260 of Chapter 19.06 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.06.260 Emergency shelters.
Emergency shelters shall comply with the following standards:
A. The property is located more than five three hundred (5300) feet from any other emergency shelter and approval will not result in an over-concentration of emergency shelters in the surrounding area; and
B. That not more than thirty (30) persons, exclusive of staff, will be permitted on the site, if the proposed shelter is located on a lot or parcel of land of less than one acre; and
Ordinance No. 25-02 Page 22 April 24, 2025
C. The shelter shall provide enclosed or screened waiting/intake area a minimum of 200 square feet in size. Queuing within the public right-of-way is not permitted.
D. Exterior lighting shall be provided on pedestrian pathways and parking lot areas on the property and shall comply with exterior lighting standards in Section 19.04.130 of this title.
CE. On-site parking spaces shall be provided as required in Section 19.04.142, but shall not require more parking than the maximum required parking for other residential or commercial uses in the same zoning district.
D. That the land uses and developments in the immediate vicinity of the site will not constitute an immediate or potential hazard to occupants of the shelter; and EF. The facility must conform to all development standards of the zoning district in which it is located, except as modified by this section; and FG. Emergency shelters are to be available to residents for no more than sixty (60) days. Extensions up to a total stay of one hundred eighty (180) days may be provided, if no alternative housing is available; and
GH. The shelter shall be operated by a responsible agency or organization, with experience in managing or providing social services. On-site management and appropriate security shall be provided at the shelter.
J. Section 19.06.290 is hereby added to Chapter 19.06 of Title 19 of the Buellton Municipal Code:
19.06.290 Low barrier navigation centers.
In conformance with Government Code Section 65662, Low barrier navigation centers are a use allowed by-right in nonresidential zones permitting multifamily uses, and shall comply with the following standards:
A. The facility offers services to connect people to permanent housing through a services plan that identifies services staffing.
B. The facility is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400 or Section 578.7, as
Ordinance No. 25-02 Page 23 April 24, 2025
applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C. The facility complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
D. The facility has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
E. The facility is permitted by-right as part of a proposed or existing mixed-use development conforming to Chapter 19.18.
K. Section 19.06.300 is hereby added to Chapter 19.06 of Title 19 of the Buellton Municipal Code:
19.06.300 Supportive Housing.
A. Purpose. The purpose of this section is to allow supportive housing and supportive services, as defined in Government Code Section 65582, consistent with State law to ensure equality of treatment for all residential uses regardless of the occupant.
B. Applicability.
1. Supportive housing shall be permitted by-right in any zone where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all requirements of Government Code Section 65651.
2. If a supportive housing development is proposed in a commercial zoning district, the use shall be permitted by-right as part of a proposed or existing mixed-use development conforming to Chapter 19.18.
3. Supportive housing developments shall be subject only to those objective development standards and policies restrictions that apply to other residential dwellings of the same type in the same zone.
4. Supportive housing development proposals shall consist of no more than 50 units, subject to the density requirements of the zone.
Ordinance No. 25-02 Page 24 April 24, 2025
5. If the supportive housing development is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654.
6. The City shall comply with the time for review of applications for supportive housing in accordance with Government Code Section 65653.
7. An applicant must submit a plan for providing supportive services to the City demonstrating that supportive services will be provided onsite to residents in the project, as required by Government Code Section 65651, and describing those services, which shall include all of the following:
a. The name of the proposed entity or entities that will provide supportive services. b. The proposed funding source or sources for the provided onsite supportive services. c. Proposed staffing levels.
L. Section 19.06.310 is hereby added to Chapter 19.06 of Title 19 of the Buellton Municipal Code:
19.06.310 Residential Care Home, Seven or More Clients and Group Home, Large.
A. The project shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city applicable to other residential uses of the same structure type in the same zone.
B. The number of parking spaces required shall be provided consistent with the requirements for retirement and special care homes in Section 19.04.142 of this Title.
C. A minor use permit application for a Residential Care Home, Seven or More Clients and Group Home, Large shall be subject to the findings in Section 19.08.110 of this Title in addition to the following finding:
1. That the proposed development is in compliance with Health & Safety Code Section 1500 et seq., the California Community Care Facilities Act.
M. Section 19.06.320 is hereby added to Chapter 19.06 of Title 19 of the Buellton Municipal Code:
Ordinance No. 25-02 Page 25 April 24, 2025
19.06.320 Employee Housing, 6 or fewer persons.
A. Employee housing serving six or fewer persons, including agricultural employees, conforming to the California Health and Safety Code Section 17021.5 and the following criteria, shall be allowed by zoning clearance under the jurisdiction of the planning director as provided in Chapter 19.02 and 19.08.100 of this Title:
1. The project shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city applicable to other residential uses of the same structure type in the same zone.
2. The number of parking spaces required shall be provided consistent with the requirements for the same residential structure type in Section 19.04.142 of this Title.
N. Section 19.06.330 is hereby added to Chapter 19.06 of Title 19 of the Buellton Municipal Code:
19.06.330 Agricultural Employee Housing Complex
A. Agricultural Employee Housing Complexes conforming to the Employee Housing Act and its implementing regulations, specifically California Health and Safety Code Section 17021.6, and the following criteria, shall be allowed by conditional use permit under the jurisdiction of the planning commission as provided in Chapter 19.02 and Section 19.08.110 of this Title:
1. Agricultural Employee Housing Complexes shall be occupied solely by employees of an agricultural employer, as defined in Section 1140.4 of the Labor Code, and their households.
2. The development shall include no more than 36 beds if consisting of group housing, and no more than 12 residential units if consisting of single-family or multi-family units.
3. The project shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city;
4. The number of parking spaces required for single- and two-family dwellings and multi-family dwellings shall be provided consistent with the requirements for the same land use in Section 19.04.142 of this Title. Parking spaces required for group housing shall be 1 space for every 4 beds.
Ordinance No. 25-02 Page 26 April 24, 2025
B. Agricultural Employee Housing Complexes are not required to be located on the same parcel or adjacent to the site of an agricultural use or operation where the agricultural employees are employed.
O. Section 19.08.060 of Chapter 19.08 of Title 19 of the Buellton Municipal Code is hereby repealed in its entirety. Updated standards for reasonable accommodation under Fair Housing laws are added under a new section, 19.10.500.
P. Section 19.10.500 is hereby added to Chapter 19.10 of Title 19 of the Buellton Municipal Code:
19.10.500 Reasonable accommodation.
A. Purpose. In accordance with federal and state fair housing laws, the purpose of this section is to allow for reasonable accommodations in the City’s zoning regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The intent is to alleviate the need for a variance request for a reasonable accommodation as described herein.
B. Applicability and Definitions.
1. “Reasonable accommodation” in the zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of zoning policies, practices, and procedures, including but not limited to, accommodations or modifications, or waivers of certain requirements, when it is necessary to eliminate barriers to equal housing opportunities.
2. Typical improvements which may be considered for reasonable accommodation provisions include elevators or other mechanical access devices, handrails, ramps, walls, hardscape additions, and other similar accessibility improvements necessary to accommodate an individual's disability. Reasonable accommodations may include, but are not limited to:
a. Adjustments to encroachment allowances, floor area provisions, height and setback requirements.
b. Adjustments to requirements for buffers, fences, walls and screening requirements. c. Allowing hardscape additions such as widening driveways, parking areas or walkways that would otherwise not comply with landscape, lot coverage, or open space provisions.
Ordinance No. 25-02 Page 27 April 24, 2025
3. An “individual with a disability” is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
4. A request for reasonable accommodation may be made by an individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a zoning regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.
C. Notice to the Public of Availability of Accommodation Process.
Notice of the availability of the reasonable accommodation process shall be prominently displayed at public information counters in the planning and building departments, the City Clerk’s office, and on the City’s website, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Planning and Building and Safety departments, the City Clerk’s office, and on the City’s website.
D. Requesting Reasonable Accommodation.
1. Any eligible person, as defined in subsection (B) of this section, may request a reasonable accommodation in zoning regulations, policies, practices, and procedures.
2. Requests for reasonable accommodation shall be in writing on an application provided by the City which provides the following information:
a. Documentation that the applicant is: (a) a person with a disability, (b) applying on behalf of one or more persons with a disability, or (c) a developer or provider of housing for one or more persons with a disability. Documentation may include a letter from a medical doctor or other licensed health care professional, a disabled license or any other appropriate evidence, consistent with the fair housing laws;
b. Name and address of the individual(s) requesting reasonable accommodation or modification;
c. Name and address of the property owner(s);
d. Address of the property for which accommodation or modification is requested; e. Description of the requested accommodation, modification, or waiver, and the
Ordinance No. 25-02 Page 28 April 24, 2025
specific code section, regulation(s), policy or procedure for which accommodation, modification, or waiver is sought, and;
f. Explanation that the specific requested accommodation is necessary to provide for the individual(s) with the disability an equal opportunity to use and enjoy the dwelling, including an identifiable relationship, or nexus, between the requested accommodation or modification and the functional limitations caused by the individual’s disability; and g. Where applicable, documentation that the requested modification is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulations and full use of the building and facilities by persons with disabilities. h. Any other information that the Planning Director reasonably determines is necessary for evaluating the request for reasonable accommodation.
3. Any information identified by an applicant as confidential shall be retained in manner so as to respect the privacy rights if the applicant and shall not be made available for public inspection, to the extent allowed by law.
4. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation or modification may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
5. If an individual needs assistance in making the request for reasonable accommodation, the City will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
E. Reviewing Authority.
1. Requests for reasonable accommodation shall be reviewed by the Planning Director, using the criteria set forth in subsection (F) of this section.
2. The Planning Director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the day of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection (F) of this section.
3. If necessary to reach a determination on the request for reasonable accommodation,
Ordinance No. 25-02 Page 29 April 24, 2025
the Planning Director may request further information from the applicant consistent with fair housing laws and other provisions of applicable law, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.
F. Required Findings.
The request for a reasonable accommodation shall be approved, with or without conditions, if the Planning Director finds that all of the following findings can be made:
1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws;
2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;
3. The requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law.
4. The requested accommodation will not result a fundamental alteration in the nature of the City’s zoning regulations, policies, and procedures, as “fundamental alteration” is defined the fair housing laws and interpretive case law; and
5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of others or cause substantial physical damage to the property of others.
In making these findings, the Planning Director may approve alternative reasonable accommodations or modifications that provide an equivalent level of benefit to the applicant.
G. Written Decision on the Request for Reasonable Accommodation.
1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Planning Director’s findings on the criteria set forth in subsection (F) of this section. All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.
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2. The written decision of the Planning Director shall be final unless an applicant appeals it to the Planning Commission, pursuant to subsection (H) of this section.
3. If the Planning Director fails to render a written decision on the request for reasonable accommodation within thirty (30) day time period allotted by subsection (E) of this section, the request shall be deemed granted.
4. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
5. In granting a request for reasonable accommodation, the Planning Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation or modification will comply with the findings required by subsection (F) of this section. Such conditions may include, but are not limited to: (a) that the reasonable accommodation shall only be applicable to the specific use for which the application is made; (b) that a reasonable accommodation involving an exterior physical improvement or structure is designed to be substantially similar to the architectural character, colors, and texture of materials of the existing structures on site; (c) that the reasonable accommodation shall be designed in accordance with the currently adopted California Building Code, and subject to any and all permit and inspection requirements of the Santa Barbara County Building and Safety Division, and; (d) that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. If it is determined that the associated development is occurring in violation of any such conditions, the Planning Director may revoke the reasonable accommodation approval.
H. Appeals.
1. Within thirty (30) days of the date of the Planning Director’s written decision, an applicant may appeal an adverse decision to the Planning Commission with the accompanying fee established by resolution of the City Council.
2. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.
3. All appeals shall contain a statement of the ground for the appeal. Any information identified by an applicant as confidential shall be retained in a manner as to respect the privacy rights of the applicant and shall not be made available for public inspection, to the extent allowed
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by law.
4. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
I. Fees.
A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the applicant shall pay the prescribed fee for the other discretionary permit(s) in compliance with the City’s fee schedule adopted by resolution.
Q. Section 19.12.020 of Chapter 19.12 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.12.020 Definitions of specialized terms and phrases.
As used in this chapter:
“Abut” means to physically touch or border upon; or to share a common property line. “Accessory building or structure” means a building or structure, excluding an accessory dwelling unit, containing no kitchen and located upon the same building site as the building or use to which it is accessory, the use of which is customarily incidental, appropriate and subordinate to the use of the principal building, or to the principal use of the land. “Accessory dwelling unit” or “ADU” means an attached or detached residential dwelling unit that provides complete, independent living facilities for one or more persons, and includes permanent provisions for living, sleeping, eating, cooking (i.e., stove, refrigerator, and sink), and sanitation (i.e., bathroom with shower or bathtub) on the same parcel as the existing or proposed single-family dwelling (primary unit) is situated. An ADU also includes the following: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1; and (2) a manufactured home, as defined in Health and Safety Code Section 18007. “Accessory use” means a use that is incidental, related, appropriate and clearly subordinate to the main use of the lot or building, and which does not alter the principal use of the subject lot or adversely affect other properties in the zone.
“Affordable Housing Agreement” means a legally binding agreement between a Developer and the city to ensure that the requirements of this chapter are satisfied. The Agreement, among other things, establishes the number and location of Affordable Units, Target Households,
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production schedule, Retention Period and development standards. See Section 19.16.022(B) of this title.
“Affordable Rent” means the maximum monthly Housing Cost of an Affordable Unit that is reserved for occupancy by a Target Household not exceeding the calculations set forth in Table 1 below.
Table 1: Affordable Rent Calculation
Income Category Housing Cost Formula
Very Low 50 percent of the Area Median Income, adjusted for Household size, multiplied by 30 percent and divided by 12
Lower 60 percent of the Area Median Income, adjusted for Household size, multiplied by 30 percent and divided by 12.
Moderate 110 percent of the Area Median Income, adjusted for Household size, multiplied by 30 percent and divided by 12.
“Affordable Sales Price” means a sales price at which a Target Household may purchase an Affordable Unit and results in a maximum Housing Cost not exceeding the calculations set forth in Table 2 below.
Table 2: Affordable Sales Price Calculation
Income Category Housing Cost Formula
Very Low 50 percent of the Area Median Income, adjusted for Household size, multiplied by 30 percent and divided by 12
Lower 70 percent of the Area Median Income, adjusted for Household size, multiplied by 30 percent and divided by 12.
Moderate 110 percent of the Area Median Income, adjusted for Household size, multiplied by 35 percent and divided by 12.
“Affordable Unit” means and is limited to those dwelling units that are required to be rented at an Affordable Rent or sold at an affordable sales price to a Target Household.
“Agricultural accessory structure (land use)” means an uninhabited structure or building designed and built to store farm animals, implements, supplies or products, that contains no residential use and is not open to the public. Includes: barns; grain elevators; silos, and other similar buildings and structures, but not commercial greenhouses (which are under “plant nurseries”), or buildings for agricultural processing activities (which are under “agricultural support use”). Also includes but is not limited to wind- powered and solar machines used for direct climate control,
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and water pumping or other conversion of wind or solar energy to mechanical or thermal power.
Wind energy conversion machines for electric power generation are included under “electric generating plants.” See Section 19.06.010 of this title for specific use requirements applicable to agricultural accessory structures.
"Agricultural employee housing complex” means housing occupied by employees of an agricultural employer, as defined in Section 1140.4 of the Labor Code, and their households, that may include conventionally constructed units and manufactured housing consisting of no more than 36 beds if the housing consists of any group housing, such as a barrack or a bunkhouse, or contains a maximum of 12 residential units if the housing consists of single-family or multi-family units.
“Agricultural support use (land use)” means uses such as the sorting and processing of fruits and vegetables, wineries, or feed distribution; that are a necessary and integral part of maintaining on- premises production and marketing, and that are directly associated with on-site agricultural or ornamental crop, or animal raising operations. Other uses permitted by conditional use permit in the agriculture zone such as oil drilling are not to be construed as an agricultural support use.
“Agricultural activity” means farming or ranching activities and denotes the active use of land for the purpose of agricultural production for commercial purposes, including, but not limited to, cultivation and growing of crops, and raising and keeping of livestock. “Agricultural activity” does not include “crop production (non-commercial)” or “grazing (non-commercial)”. “AHOZ Sites” means properties identified in Figure 1 and Table 5 of Section 19.16.013 of this title.
“Airport” means any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft. “Alley” means a passage or way affording generally a secondary means of vehicular access to abutting property and not intended for general traffic circulation. “Animal keeping (land use)” means the keeping, feeding or raising of animals as a commercial agricultural venture, avocation, hobby or school project, either as a principal land use or subordinate to a residential use. Includes the keeping of common farm animals, small-animal specialties such as rabbit farms and other fur-bearing animals; bee farms; aviaries; worm farms; household pets, etc. This definition does not include grazing, which involves the keeping of grazing animals at densities less than two animals per acre, and is instead included under the
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definition of “grazing.” Sections 19.02.120(E) and 19.02.340(E) of this title contain specific use requirements for animal keeping.
“Antenna amateur radio” means ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC). Includes antennas, towers and equipment buildings.
“Antennas, communications facilities (land use)” means public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers and equipment buildings. Does not include:
1. Home television and radio receiving antennas;
2. Telephone, telegraph and cable television transmission facilities utilizing hardwired or direct cable connections, which are included under “pipelines and transmission lines”;
3. Amateur radio antennas;
4. Satellite dish antennas.
“Apartment” means a room or suite of rooms within a building but comprising an independent self- contained dwelling unit, with kitchen or cooking facilities, occupied or suitable for occupation as a residence for eating, living and sleeping purposes. “Appurtenant structure” means a structure that is auxiliary or accessory to another structure or use.
“Area Median Income” means the annual median income for the County of Santa Barbara, adjusted for household size, amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section 6932, of the California Code of Regulations.
“Artist studio” means a building or structure, or portion of a building or structure, used as a place of work by an artist or photographer, but shall not include commercial sales or transactions on the property. An artist studio may include a restroom, however it shall specifically exclude cooking facilities, or any other use that would allow the building or structure to be used as a separate dwelling unit or guest house.
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“Attached building” means a building having at least five lineal feet of wall serving as a common wall with the building to which it is attached.
“Basement” means a story of a building that is partly or wholly underground. A basement shall be counted as a story if it has a minimum height of six and one-half feet and more than onehalf of its height is above the average level of the adjoining ground. “Bathroom” means a restroom which also contains bathing facilities. “Block” means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersection or intercepting streets, and a railroad right-of-way, watercourse or body of water. “Boarding house” means a building where the business of keeping boarders is generally carried on and which is held out, by the owner or keeper as a place where boarders are kept. “Building” means a structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of any person, animal or chattel. A trailer shall not constitute a building within the meaning of this title.
“Building coverage” means the amount of land covered or permitted to be covered by buildings or structures, excluding tennis courts and unenclosed swimming pools, usually measured as a percent of a lot.
“Building height” means the vertical distance from the average finished grade of the lot covered by the building to the highest points of the coping of a flat roof or to the mean height of the highest gable of a pitch or hip roof.
“Building material stores (land use)” means primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of “retail stores, general merchandise”). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of total sales. Also includes incidental retail ready-mix concrete operations. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “wholesaling and distribution.” Establishments with more outdoor than indoor sales and storage are included under “storage yards and sales lots.”
“Building site” means a single lot of land in one ownership, occupied or intended to be occupied by a building or structure.
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“Business sign or structure” means any sign or structure designed, intended or used for advertising the particular business, product or service located or sold on the same premises as that on which the sign or structure is located.
“Business support services (land use)” means establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:
1. Blueprinting;
2. Business equipment repair services (except vehicle repair, see “repair and maintenance— vehicle”);
3. Commercial art and design (production);
4. Computer-related services (rental, repair, maintenance);
5. Equipment rental businesses within buildings (rental yards are “storage yards and sales lots”);
6. Exterminators;
7. Film processing laboratories;
8. Heavy equipment repair services where repair occurs on the client site;
9. Janitorial services;
10. Mail advertising services (reproduction and shipping);
11. Other “heavy service” business services;
12. Outdoor advertising services;
13. Photocopying;
14. Photofinishing;
15. Protective services (other than office related);
16. Research and development laboratories;
17. Soils and materials testing laboratories;
18. Window cleaning.
“Cabana.” See “pool house/cabana.”
“Canopy structure” means a temporary or portable canvas or metal roofed structure typically used for providing shade, including those that are affixed to the ground through the use of bolts or stakes.
“Caretaker” means a person residing on the premises of an employer and who is receiving meaningful compensation to assume the primary responsibility for the necessary repair, maintenance, supervision, or security of the real or personal property of the employer which is located on the same or contiguous lots or parcels of land.
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“Caretaker housing” means a single permanent residence on a site that is secondary or accessory to the primary use of the property, and used for housing a property owner or caretaker employed on the site of any nonresidential use where needed for security purposes or to provide twenty-four hour care or monitoring of plants, animals, equipment, or other conditions on the site. “Centerline of street” means the centerline of a street or highway as established by the city engineer or by the California Department of Transportation. Where no right-of-way lines have been so established, the centerline of the traveled way shall be construed as the centerline. The centerline of the service road of a freeway or limited access highway shall be defined as the centerline of the traveled way of such service road.
“Certificate of Occupancy” means issuance by the Building and Safety Department, County of Santa Barbara, signifying completion and approval for initial occupancy of a Project. “Chemical products (land use)” means manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes.
Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals such as acids, alkalines, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses included in the retail trade group on the land use and permit tables.
“Child day care, centers (land use)” means a commercial or non-profit facility that provides care, protection and supervision of fifteen (15) or more minor children for periods of less than twenty-four (24) hours, typically while parents are working, and/or before or after daily attendance at an elementary school. Child day care centers may be operated in conjunction with a school or church facility, or as an independent land use. Includes pre-schools. Such facilities are required to be licensed by the California State Department of Social Services. “Child day care, family care homes (land use)” means regularly provided care, protection and supervision of twelve (12) or fewer children, in the provider’s own home, for periods of less than twenty- four (24) hours per day while the parents or guardians are away. “City” means the city of Buellton, California.
“City council” means the city council of the city of Buellton, California.
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“Cogeneration” means the sequential use of energy for the production of electrical and useful thermal energy, as per Public Resource Code 25134. “Commercial shopping center” means for the purposes of the sign regulations of this title, a commercial development consisting of two or more structures, developed as one site. See also “shopping centers (land use).”
“Commercial vehicle” means a vehicle or article of equipment used primarily in conjunction with a business or industrial use, but not including vehicles or equipment used primarily in conjunction with the permitted use of land in residential or agricultural districts. “Commission.” See “planning commission.”
“Community centers (land use)” means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Includes grange halls. “Community design guidelines” means the most current set of design guidelines adopted by the Buellton city council.
“Conditional use” means a use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site.
“Condominium” means an estate in real property consisting of a separately owned interest in a portion of a parcel of real property or building, including residences, apartments, offices or stores. A condominium may include, in addition, a separate legally protected interest in other portions of real property.
“Construction contractor (land use)” means storage yard operated by, or on behalf of a contractor licensed by the state of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses such as offices and repair facilities. The yard shall not include a junk yard. “Contiguous.” See “abut.” “Council.” See “city council.”
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“Court” means an open, unoccupied space other than a yard on the same lot with a building or buildings, and which is bounded on two or more sides by such building or buildings. “Conversion” means a change of a use to another such as: (i) a residential dwelling to a condominium, cooperative, or similar form of ownership or to a nonresidential use; (ii) a commercial use into residential units.
“Crop production” means a commercial agricultural operation for the cultivation of crops.
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing. Does not include agricultural support uses or greenhouses which are separately defined. Does not include “crop production (non-commercial)” allowed in residential zones. “Crop production (non-commercial)” means the cultivation of crops or the keeping of a garden on a residential parcel for the personal use of the residents. “Demolition” means the removal of a residential dwelling or termination of occupancy by destruction, reconstruction, consolidation or rehabilitation. “Density” means the maximum number of dwelling units allowed by this title for a specified area of land (e.g., “ten dwellings per acre,” “one dwelling per lot”). “Detached building” means a building, no part of which is attached to any other building. “Developer” means: (i) every person, firm, or corporation (and their successors and assigns) that undertakes a Project, directly or through the services of any employee, agent, independent contractor or otherwise subject to the provisions of this chapter: and (ii) each and every subsequent owner of property on which a Project is developed to which the obligations of the Developer shall become applicable. A Developer may also be the fee owner of the property on which the Project is proposed. For purposes of Section 19.16.017 of this title, where tenant displacement results from code enforcement initiated by a Local Enforcement Agency, Developer expressly means the fee owner of property on which the enforcement action is initiated. “Development” means any change made by a person or persons to unimproved or improved real property, including, but not limited to, placement, construction, reconstruction or alteration of buildings or structures, landscaping improvements, mining, excavation, or drilling operations.
Agriculture is not defined as development within this title. “Development Impact Fees” mean fees and charges imposed or controlled by the city which offset the cost of governmental services, public infrastructure or environmental impacts
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attributable to a Project. Development Impact Fees specifically exclude application and administrative fees related to the processing of Entitlements.
“Director” means director of the city planning department. “Disabled Persons” mean persons with a disability consisting of: (i) a physical or mental impairment that limits one or more of a person’s major life activities; or (ii) a record of having or being perceived as having, a physical or mental impairment. It does not include current illegal use of, or addiction to, a controlled substance (as defined by Section 102 of the Federal Controlled Substance Act. 21 U.S.C. Sec. 802).
“Displaced Person” means any person who involuntarily moves from real property as a direct result of the rehabilitation, Demolition or other displacing activity and lawfully inhabited the property a minimum of ninety (90) days prior to the date that application is filed with the city for a land use permit allowing such Conversion or Demolition. “Drive-through facilities” means a commercial establishment or an accessory facility of a commercial establishment in which customers wait in line in their vehicles to progress to a service point at which they briefly transact business from their vehicles and then immediately depart from the premises, including but not limited to, banks (motor banks, drive-through banks, drive-up banks), fast food establishments, and film deposit and pickup establishments, but not including drive-in movies, drive-in car washes through which the vehicles do not travel on their own power, drive-in food establishments where customers do not wait in line in their vehicles for service, or gasoline service stations.
“Driveway” means a private right-of-way which affords vehicular access from a public or private street as defined herein to abutting or adjacent property which is not and, under existing subdivision and zoning regulations, cannot be divided into more than four separate lots or parcels. “Dwelling” means a building or portion thereof designed for and occupied in whole or in part as a residence or sleeping place, either permanently or temporarily, by one householdfamily and its guests, with sanitary facilities and one kitchen provided within the unit. Interior access shall be provided and maintained throughout all habitable portions of the dwelling. Additionally, this interior access requirement shall not be satisfied by providing access through non-habitable areas of the dwelling. Boarding or lodging houses, dormitories, and hotels shall not be defined as dwelling units.
“Dwelling, single-family” means a single detached dwelling designed for and occupied exclusively by one family alone, and having but one kitchen.
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“Dwelling, multifamily” means a single detached building designed for and occupied exclusively by two or more householdsfamilies living independently of each other as separate housekeeping units, including apartment house, apartment hotels, condominiums, and flats, but not including trailer courts or camps, motels, hotels or resort type hotels. “Dwelling, single-family” means a single detached dwelling designed for and occupied exclusively by one household alone, and having but one kitchen. “Dwelling, single-room occupancy” means a small dwelling unit, typically between 200 and 350 square feet, restricted to occupancy by no more than two persons and may include a kitchen and/or a bathroom, in addition to a bed, rented for 30 days or longer. “Electric generating plants (land use)” means facilities engaged in the generation and distribution of electrical energy for sale. The electricity may be generated from oil, gas, coal or nuclear fuels or from “alternate” sources including, but not limited to, water, wind, the sun, biogas, municipal or agricultural wastes. This includes “cogeneration,” which means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by electric power production or the reverse. “Electric vehicle charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
“Electrical and electronic equipment, instruments (land use)” means establishments engaged in manufacturing machinery, apparatus and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
1. Appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;
2. Avionics;
3. Electrical transmission and distribution equipment;
4. Electronic components and accessories such as semiconductors, integrated circuits, related devices;
5. Electronic instruments, components and equipment such as calculators and computers;
6. Electrical welding apparatus;
7. Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
8. Industrial apparatus;
9. Industrial controls;
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10. Instruments for measurement, testing, analysis and control, and associated sensors and accessories;
11. Miscellaneous electrical machinery, equipment and supplies such as batteries, Xray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;
12. Motors and generators;
13. Ophthalmic goods;
14. Optical instruments and lenses;
15. Photographic equipment and supplies;
16. Pre-recorded magnetic tape;
17. Radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies;
18. Surveying and drafting instruments;
19. Telephone and telegraph apparatus;
20. Transformers, switch gear and switchboards;
21. Watches and clocks.
Does not include testing laboratories (research and development, soils and materials testing, etc.), which are defined under “business support services.”
“Emergency Shelters” mean housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. “Employee housing, 6 or fewer” means housing to accommodate six or fewer employees, including agricultural employees. Employee housing is a residential land use and deemed a singlefamily structure. Employee housing is not included within the definition of hotel, motel, or other similar term that implies the employee housing is a for-profit business and differs in any other way from a family dwelling.
“Entitlements” mean all permits, licenses and approvals required under Titles 18 and 19 of the Municipal Code of the city of Buellton allowing the permitted use, subdivision or improvement of real property, including, but not limited to, land use permits, tentative parcel maps and tentative tract maps. As used herein, building permits and final maps constitute ministerial acts not requiring the exercise of administrative discretion. Except as otherwise provided in this chapter, building permits and final maps are expressly excluded from the term “entitlement” and do not activate any of the requirements set forth herein.
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“Environmentally sensitive habitat area” means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. “Family” means one or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall not include a fraternal, religious, social, or business group. A family shall be deemed to include domestic servants employed by the family. “Farm equipment and supplies sales (land use)” means establishments selling, renting or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching:
1. Dairy equipment;
2. Frost protection equipment;
3. Hay, grain and feed sales;
4. Irrigation equipment;
5. Packaged fertilizer;
6. Packaged agricultural sprays;
7. Livestock equipment;
8. Poultry equipment.
Sales may include the final assembly of farm machinery, implements or equipment from component parts received from the manufacturer in a partially assembled state, but not the creation of such components from raw materials. The sale of agricultural machinery does not include trailers, tractors and other motorized, self-propelled farm vehicles, which are included under “auto, mobile home, vehicle and parts sales.”
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
“Floor area—gross” means the total area of all floors of a building as measured to the surfaces of interior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.
“Floor area—net” means the gross floor area excluding vents, shafts, stairs, corridors, attics, and unenclosed porches and balconies.
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“Front line” means the shortest boundary line of a lot which corresponds with a street line; the boundary lines of a through lot which corresponds with street lines shall be front lines. When the street- side boundary lines of a corner lot are equal or of substantially equal lengths, the front line shall be the line located on the principal street. “Furniture and fixtures manufacturing (land use)” means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops. “Furniture, furnishings and equipment stores (land use)” means stores primarily selling:
home furnishings such as furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture such as lawn furniture, movable spas and hot tubs. Also includes the retail sale of office furniture and large musical instruments. “Garage, private” means a building or portion thereof used or designed to be used as an accessory building for the storage of motor vehicles primarily for the use of the occupants of the premises on which such building is located.
“Garage, public” means a building or portion thereof, except a private garage, used or designed to be used for the storage and care of motor vehicles or where any such vehicles are repaired or kept for remuneration, hire or sale.
“General Plan” means the continuum of goals, objectives, policies and programs for the long-term physical development of the city adopted pursuant to Section 65300 et. seq., of the California Government Code.
“Glass products (land use)” means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are included under handicraft industries and small scale manufacturing.
“Grading” means any excavation or filling of earth or combination thereof. “Grazing” means the use of land for the consumption of standing (not harvested) herbaceous vegetation by livestock in connection with a commercial agricultural operation. Does not include “grazing (non-commercial)”.
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“Grazing (non-commercial)” means the use of a portion of land for grazing by livestock to support animal raising and keeping for the personal use of the residents as allowed in residential zones.
“Greenhouse” means a structure used for cultivating plants with impervious roof and walls in which the climate is controlled; includes hothouses. Greenhouses in residential zones are considered accessory to the primary unit, for personal use by the residents, and not an agricultural activity for commercial purposes.
“Gross Income” means the anticipated income of a person or household for the twelvemonth period following the date of determination of income, established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section 6914, of the California Code of Regulations. The elements of Gross Income include: (i) wages, salaries, tips, commissions, etc.; (ii) self-employment income from owned non-farm business, including proprietorships and partnerships; (iii) farm self-employment income; (iv) interest, dividends, net rental income, or income from estates or trusts; (v) Social Security or railroad retirement; (vi) Supplemental Security Income, Aid to Families with Dependent Children, or other public assistance or public welfare programs; (vii) retirement, survivor, or disability pensions; and (viii) other sources of income received regularly, including Veterans’ (VA) payments, unemployment compensation, and alimony.
“Group Home, Large” means a group home in which seven or more individuals reside and operate specifically for people with disabilities, whether the group home is required to be and is licensed by the State of California or is not required to be licensed by the State of California. Large group homes do not include small licensed residential care facilities. “Guest house-cottage” means detached living quarters of a permanent type of construction without kitchen or cooking facilities of any kind, intended and used primarily for temporary guests of the occupants of the main building on the lot on which such guest house is located, and not rented or otherwise used as a separate dwelling.
“Habitable space” means as defined by Section 409 of the Uniform Building Code, space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.
“Handicraft industries, small-scale manufacturing (land use)” means manufacturing establishments not classified in another major manufacturing group, including: jewelry, silverware and plated ware; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists’ materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; caskets; and other miscellaneous manufacturing industries. Also included are artisan and
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craftsman-type operations which are not home occupations, and which are not secondary to onsite retail sales.
“Hillside” means lands with slopes exceeding twenty (20) percent. “Hog ranch” means any property used for the raising or keeping of more than six hogs.
“Home occupation” means an occupation conducted within the dwelling portion of a building by the occupants of the dwelling unit.
“Hospital” means a facility or institution which provides a broad range of medical care and services, including the overnight and/or long term in- and out-patient care of persons afflicted with physical and/or mental diseases, injuries, complaints, or other infirmities. “Hotels and motels (land use)” means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (generally less than thirty (30) days). Hotels provide access to most guest rooms from an interior walkway. Motels provide access to most guest rooms from an exterior walkway. Also includes:
accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, etc., and may include a single manager’s unit for full-time occupancy. “Household” means one or more persons, related or unrelated, living together as a single housekeeping unit.
“Household Size Adjustments” means the maximum Household size on which to determine Household Income and compute Affordable Rent and Sales Price, adjusted for the number of bedrooms in a dwelling. Unless the Residential Project is subject to different assumptions imposed by other governmental regulations, the Household Size Adjustments set forth in Table 3 shall be used for purposes of chapter 19.16 of this title. As an example, and for illustrative purposes only, if an Affordable Unit contains two bedrooms, the computation of Affordable Rent and sales price shall be based on the Gross Income of a three-person Household.
Table 3: Housing Size Adjustments
Number of Bedrooms Maximum Number of Persons
0 (Studio) 1
1 2
2 3
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3 4
4 5
“Housekeeping unit” means a person or group of persons living together in a dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. “Housing Costs” mean the sum of all of the costs associated with the rental, purchase and maintenance of a dwelling unit as defined in Title 25, Section 6920 of the California Code of Regulations. For renter-occupied dwellings, Housing Costs mean the total of monthly payments encompassing rent, fees or service charges assessed by the lessor which are required of all tenants (other than security deposits), a reasonable allowance for utilities, and possessory interest, taxes, or other fees or charges assessed for use of the land and facilities by a public or private entity other than the lessor. For owner- occupied dwellings, Housing Costs mean the total of monthly payments encompassing principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. “Housing Element” means the continuum of housing needs, goals, policies, quantified objectives, financial resources and scheduled programs for the preservation, improvement and development of housing adopted as part of the city’s general plan pursuant to Section 65580 et. seq., of the California Government Code.
"Housing First” means an approach to serving people experiencing homelessness that prioritizes the unconditional provision of access to housing. Under the Housing First approach, anyone experiencing homelessness should be connected to a permanent home as quickly as possible, and associated programs should remove barriers to accessing the housing. “Housing Fund” means the city of Buellton Affordable Housing Trust Fund established pursuant to Section 19.16.022(A) of this title.
“Housing In-Lieu Fee” means a fee established pursuant to this chapter as an alternative equivalent action for producing Affordable Units on-site as part of a Residential Project. The Housing In-Lieu Fee for Low and Very Low Income Affordable Units shall correspond to the sum used by the County of Santa Barbara in connection with its inclusionary affordable housing program and applicable to Santa Ynez housing market area, as such sum is periodically adopted and amended from time to time by the county board of supervisors. The Housing In-Lieu Fee for Moderate Income Affordable Units shall be computed as that sum which is fifty (50) percent of the In-Lieu Fee for Low and Very Low Income Affordable Units.
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“Improvement” means any object affixed to or growing in the ground other than a building or structure.
“Information kiosk” means a freestanding or wall sign, bulletin board style, that displays handbills, posters and flyers for temporary events.
“Inhabited” means a dwelling unit that serves as a place of permanent or customary and usual abode of a person or household who, at the time application is filed with the city for a land use permit subject to the provisions of this chapter, lawfully occupied the premises. A person or household is considered to be in unlawful occupancy if such person or household has been ordered to move by a court of competent jurisdiction or if the occupant’s tenancy has been lawfully terminated by the owner for cause, the tenant has vacated the premises, and the termination was not undertaken for the purpose of evading the requirements of chapter 19.16 of this title. “Isosceles trapezoid” means a quadrilateral having only two parallel sides, the two nonparallel sides being equal in length. “Kennels and animal boarding (land use)” means commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops or animal hospitals. “Kitchen” means a room, all or any part of which is designed, built, equipped, used, or intended to be used for the preparation and cooking of foods. “Land use permit” means any of the entitlements required by this title to authorize development or a new land use, including zoning clearance (Section 19.08.100), minor use permit (Section 19.08.110), conditional use permit (Section 19.08.110), or development plan (Section
19.08.120).
“Living area” means the interior living portion of a dwelling unit including basements and attics, not including the garage or an accessory structure. “Local Enforcement Agency” for the purposes of Chapter 19.16 of this title means any lawfully empowered agent or agency of the city, state or federal government with police power authority to enforce laws relevant to the condition, maintenance and occupancy of residential dwellings per Chapter 19.16 of this title.
“Low Barrier Navigation Centers” means a Housing First (see definition in this section), low-barrier, service-enriched shelter focused on moving people into permanent housing that
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provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; 2) Pets; 3) The storage of possessions; 4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
“Low Income” means Households whose Gross Incomes do not exceed the qualifying limits for low income households, established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section 6932, of the California Code of Regulations. The qualifying limits for Low Income is computed as eighty (80) percent of the Area Median Income, adjusted for household size.
“Lodging or rooming house.” See “boarding house.”
“Lot” means a single parcel of land in one ownership, the boundaries of which are delineated in the latest recorded parcel map, subdivision map, or certificate of compliance recorded in the city recorders’ office or deed provided that such recorded deed does not create or attempt to create a lot in violation of the provisions of any applicable California law or city ordinance. “Lot area, gross” means the area included within the boundaries of the lot as described in the latest recorded deed to said lot or as shown on the recorded parcel or subdivision map creating the lot, including any portion so described or mapped lying within a public or private street. “Lot area, net” means the gross lot area minus any area lying within a public street which is defined as a permanently reserved right-of-way which has been dedicated to the city. “Lot, corner” means a lot bounded by streets on two or more adjacent sides. “Lot depth” means the average distance between the front or street line and the rear lot lines, or between the front lot line and the intersection of the two side lot lines if there is no rear lot line.
“Lot, flag.” See “Lot, interior.”
“Lot frontage” means the length of the front line measured at the street right-of-way line. “Lot, interior” means a lot which has access by a private easement and has no street frontage or by a portion of the lot having a width of less than forty (40) feet.
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“Lot, key” means a lot, the side line of which abuts the rear line of one or more adjoining lots.
“Lot line” means the lines bounding a lot as defined in this section. “Lot, through” means a lot having frontage on two parallel, or approximately parallel streets.
“Lot width” means the average distance between the side lot lines measured at right angles to the lot depth.
“Lumber and wood products (land use)” means manufacturing, processing, and sales uses including:
1. Cooperage stock mills;
2. Lath mills;
3. Merchant sawmills;
4. Mobile home and modular home assembly;
5. Pallets and skids;
6. Particle board assembly;
7. Planing mills;
8. Plywood and veneer mills;
9. Shingle mills;
10. Truss and structural beam assembly;
11. Turning and shaping on a manufacturing basis;
12. Wholesale sale of basic wood products;
13. Wood containers;
14. Wood preserving.
Craft-type shops are included in “handicraft industries and small scale manufacturing.” Other wood and cabinet shops are included under “furniture and fixture products.” The indoor retail sale of building materials, and the sale of construction tools and equipment is included under “building material stores.” Outdoor retail sales of such products are included under “storage yards and sales lots.”
“Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and
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electrical systems contained therein. Manufactured home includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. If not placed on a permanent foundation, the manufactured housing is defined as a mobile home.
“Master sign program” means a graphic and written statement of standards for the style, materials, colors, lettering, size and placement of all signs on the site of a commercial center. “Maximum Residential Density” means the maximum number of residential units permitted on the basis of the General Plan and the maximum density of the underlying zone district. “Medical services—clinics and laboratories (land use)” means service establishments primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services including: medical, dental and psychiatric offices (mental health-related services including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under offices); medical and dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Clinics may include accessory retail pharmacies.
“Medical services—hospitals and extended care (land use)” means hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail pharmacies, and emergency heliports. Also includes residential establishments providing nursing and health related care as a principal use with in-patient beds, such as: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; convalescent and rest homes; board and care homes. Long- term personal care facilities that do not emphasize medical treatment are classified in “residential care.”
“Medical services—veterinary clinics and hospitals (land use)” means office and medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.
“Membership organization facilities (land use)” means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; grange and farm centers (not including sales
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activities, which are included under “farm equipment and supplies”); civic, social and fraternal organizations (not including lodging, which is under “organizational houses”); political organizations, country clubs (golf courses are under “parks and playgrounds”) and other membership organizations.
“Metal products fabrication, machine and welding shops (land use)” means the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.
“Mobile home (land use)” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Construction and Safety Standards Act of 1974, which is over eight feet in width and forty (40) feet in length, which is designed and equipped to contain not more than two dwelling units, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. For purposes of this title, a mobile home on a permanent foundation is considered a structure. “Mobile home park (land use)” means any area or tract of land where two or more mobile home lots are rented, leased, or offered for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies.
“Moderate Income” means Households whose Gross Incomes do not exceed one hundred twenty (120) percent of the Area Median Income, adjusted for household size, and published in Title 25, Section 6932, of the California Code of Regulations. “Modular home” means a dwelling unit constructed in whole or in part of prefabricated material or components to be assembled on-site and affixed to a permanent foundation, subject to the requirements of the Uniform Building Code.
“Multifamily dwelling (land use).” See “dwelling, multifamily.” “Net Buildable Area” means the gross area of the properties listed in Figure 1 and Table 5 of section 19.16.013 of this title, less those portions of each site that cannot be developed due to physical features (e.g., topography and parcel configuration) or environmental constraints (e.g., flood hazards). Net Buildable Area shall be determined on the basis of field survey data, available GIS data, preliminary grading and drainage plans and similar supporting application materials and specialized studies submitted or performed in connection with applications for Entitlements.
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“Net RHNA Goals” means the RHNA allocation for Target Households as of the start of the planning period (“baseline allocation”), less dwelling units completed between the start of the planning horizon (as determined by operation of state law) and the date of adoption of the current Housing Element of the Buellton General Plan (“pre-adoption adjustment”), adjusted annually on January 1st and thereafter based on actual construction occurring during the previous twelve (12) months (“post-adoption adjustment”). In no event shall the percentage of Very Low Income units be less than forty (40) percent of the total inclusionary units. For purposes of the Housing Element adopted on May 11, 2023, the numeric and proportional allocation of Net RHNA Goals (as of the date of adoption of the Housing Element) is set forth in Table 4 below. Refer to the most current annual adjustment.
Table 4: Net RHNA Goals
Households by
Income
Baseline
Allocation
Pre-Adoption
Adjustment*
Post-Adoption
Adjustment**
Adjusted
Total
No. %
Target Households
Very low*** 55 0 To be Determined 55 45%
Low 37 0 To be Determined 37 31%
Moderate 30 1 To be Determined 29 24%
Subtotal 122 121 100%
Above Moderate 43 0 To be Determined -- --
Total 165 -- --
* Pre-adoption adjustment occurs at the start of a new RHNA cycle to the time of Housing Element adoption. The 6th cycle RHNA started on June 30th, 2022, with a 2023-2031 Housing Element adoption date of May 11, 2023.
**Post-adoption adjustment will be effective as of January 1st of each year based on actual construction occurring during the previous twelve (12) months. *** Includes “Extremely Low”
“Nonconforming lot” means a lot the area, dimensions or location of which was lawful prior to the adoption of this title or any amendments hereto, and which does not conform to the present regulations of the zoning district in which it is situated. “Nonconforming structure” means a building or structure, the setbacks, height, or location of which was lawful prior to the adoption of this title or any amendments hereto, and which does not conform to the present regulations of the zoning district in which it is situated.
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“Nonconforming use” means any use of land, building, or structure which was lawful prior to the adoption of this title or any amendment hereto, and which does not conform to the present regulations on use of the zoning district in which it is situated. “Non-Restricted Unit” means all units within a Residential Project excluding the Affordable Units.
“Notice to property owner document” means a notarized, legal document required by the city, to be completed and recorded with the deed by the property owner as part of a permit approval process and/or in conjunction with correction of a zoning violation. The purpose of the notice is to document specific conditions and/or restrictions that apply to a particular property and the improvements thereon.
“Offices (land use)” means professional or government offices including:
1. Accounting, auditing and bookkeeping services;
2. Advertising agencies;
3. Architectural, engineering, and surveying services;
4. Attorneys;
5. Counseling services;
6. Copying, quick printing, and blueprinting services;
7. Court reporting services;
8. Data processing and computer services;
9. Detective agencies and similar services;
10. Educational, scientific and research organizations;
11. Employment, stenographic, secretarial and word processing services;
12. Government offices including agency and administrative office facilities;
13. Management, public relations and consulting services;
14. Photography and commercial art studios;
15. Post offices (not including bulk mailing distribution centers, which are included under “vehicle and freight terminals”);
16. Real estate agencies;
17. Writers and artists offices outside the home.
Does not include: medical offices, which are allowed under “medical services—clinics and laboratories”; or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed in any zone as part of an approved principal use.
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“Offices, temporary (land use)” means a mobile home, recreational vehicle or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off-site construction yard; a temporary onsite real estate office for a development project; or a temporary business office in advance of permanent facility construction.
“Oil.” Where used in this title, the word “oil” shall include gas and other hydrocarbon substances.
“One ownership” of property includes ownership under a contract to purchase in any manner whereby such property is under a single or unified control, including ownership of property by a person or persons, firm, partnership, association, corporation, company, syndicate, estate, trust, or organization of any kind.
“Open space” means:
a. “Public open space.” Public open space shall include but not be limited to public parks, recreational support facilities (restrooms, stairways, picnic tables, etc.), public parking lots, access corridors such as bike paths, hiking, or equestrian trails, usable natural areas, and vista points which are accessible to members of the general public. Environmentally sensitive habitat areas and archaeological sites may be included in public open space. Water bodies such as streams, ponds, and lakes may be included in public open space only if available for active recreational purposes, i.e., swimming, boating, or fishing but in no case shall water bodies be credited for more than five percent of the total public open space requirement within a development. Public open space shall not include areas which are unusable for recreational purposes, i.e., private or public streets, private parking lots, or hazardous areas such as steep slopes and bluff faces. b. “Common open space.” Common open space shall include but not be limited to recreational areas and facilities for the use of the prospective residents or guests of a development such as tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use, or other open areas of the site needed for the protection of the habitat, archaeological, scenic, or other resources. Water bodies may be included but shall not be credited for more than five percent of the total required common open space. Common open space shall not include driveways, public or private streets, parking lots, private patios and yards, other developed areas or hard surfaced walkways.
c. “Private open space.” Private open space shall include but not be limited to patios, decks, and yards for the private use of the residents of individual dwelling units. “Ordinance.” See “zoning ordinance.”
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“Outdoor commercial recreation (land use)” means facilities for various outdoor participant sports and types of recreation, including: amusement, theme and kiddie parks; drive-in theaters; golf driving ranges independent from golf courses; miniature golf courses (golf courses are included under the definition of “parks and playgrounds”); skateboard parks and water slides; go-cart and miniature auto race tracks; recreation equipment rental (e.g., ATCs and other nonhighway motor vehicles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including, but not limited to, bars and restaurants, fast-food restaurants, video game arcades, etc. “Outdoor festival” means any musical festival, dance festival, “rock” festival or similar activity at which music is provided by paid, or professional, or amateur performers or by prerecorded means, which is held at any place other than in a permanent building or permanent installation, which permanent installation has been constructed for the purpose of conducting such activities or similar activities, to which members of the public are invited or admitted for a charge or free of cost, and which is to be or is attended by five hundred (500) or more persons. If such a festival or activity is to be or is attended by less than five hundred (500) persons, it is an amusement enterprise conducted partially or wholly outside of a completely enclosed building. “Owner” means, for the purpose of the attached residential second accessory dwelling unit title, an owner shall be the individual whose name appears on the title to the property and for whom a home owners exemption is claimed.
“Parcel.” See “lot.”
“Parking lot” means an off-street area, usually surfaced and improved, for the temporary storage of five or more vehicles.
“Parking lot sale” means a temporary sale that is conducted by a retail store, shop or establishment in the area usually used for on-premises customer parking or pedestrian access (not within a public right- of-way) of that retail store, shop, or establishment and at which sale the same type of merchandise sold within that store, shop, or establishment is sold at retail. “Parking space” means a space designed and reserved for parking of motor vehicles, including all necessary maneuvering space, as provided elsewhere in this title. “Person” means any individual, organization, partnership, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof.
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“Personal services (land use)” means establishments providing non-medically related services, including automated teller machines (ATMs) independent from banks and financial institutions; beauty and barber shops; shoe repair shops; tanning salons; laundromats (self-service laundries); dry cleaning pick-up stores and small-scale dry cleaners without pick-up and delivery services; clothing rental; dating and escort services. These uses may also include accessory retail sales of products related to the services provided.
“Pipelines and transmission lines (land use)” means transportation facilities for the conveyance of: crude petroleum; refined petroleum products such as gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, surge and storage tanks. Power transmission includes facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (classified under “offices”), distribution substations (classified under “public utility facilities”), or power plants (classified under “electric generating plants”).
“Planning commission” means the city planning commission. “Planning department” means the city planning department.
“Plant nurseries (land use)” means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under “residential accessory uses”). The sale of house plants or other nursery products entirely within a building is also included under “retail stores, general merchandise.”
“Pool house/cabana” means a building or structure designed as accessory to a pool located on the same lot as the pool house/cabana.
“Premises” means the area of land in one ownership surrounding a house or building. “Primary zoning district” means any one of the residential, commercial/industrial, or special-purpose zoning districts established by Section 19.02.010 (Zoning districts established), that is applied to a site by the zoning map (Section 19.02.020), in addition to one or more of the overlay zones established by Sections 19.02.400 et seq. (Overlay zoning districts).
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“Principal structure” means a structure in which is conducted the principal use of the lot on which it is situated. In any residential, agricultural or estate district, any dwelling shall be deemed to be the principal structure on the lot on which it is situated. “Public safety facilities (land use)” means facilities operated by public agencies including fire stations, lookouts, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. “Public utility” means a company regulated by the California Public Utilities Commission. “Public utility facilities (land use)” means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; and community wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in “offices”), or equipment and material storage yards. “Public works” means:
1. Production, storage, transmission, treatment and recovery facilities for water, sewerage, and other similar utilities owned or operated by any public agency, excluding energy facilities.
2. All public transportation facilities, including streets, roads, highways, public parking lots and structures, airports, railroads, and mass transit facilities and stations, bridges, trolley wires and other related facilities financed and owned by the government. “Qualifying Resident” means senior citizens or other persons eligible to reside in Senior Citizen Housing as provided in California Civil Code Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
“Recreation and fitness centers (land use)” means primarily indoor establishments providing amusement, entertainment, or physical fitness services for a fee or admission charge, such as: arcades containing coin operated amusements and/or electronic games (five or more such games or coin- operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary use of the site); card rooms, billiard and pool halls; bowling alleys; ice skating and roller skating; dance halls, clubs and ballrooms which are principal uses rather than being subordinate to an eating or drinking place;
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fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; tennis, handball, racquetball, indoor archery and shooting ranges and other indoor sports activities.
“Recreational vehicle” means a motor home, travel trailer, camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty (220) square feet excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, and bath and toilet rooms. Recreation vehicle shall also include trailer- borne boats.
“Recreational vehicle park (land use)” means any area or tract of land, where one or more lots are rented or leased or offered for rent, or leased to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.
“Recycling collection stations (land use)” means facilities for temporary accumulation and storage of recyclable materials, that are later transported to processing facilities. Includes sites for implementing the California Beverage Container Recycling Act (AB 2020), which may involve reverse vending machines, mobile collection units, and other attended and unattended collection facilities. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under recycling, scrap and wrecking yards; does not include temporary storage of toxic or hazardous waste materials.
“Recycling, scrap and wrecking yards (land use)” means establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from such vehicles. Does not include terminal waste disposal sites.
“Repair and maintenance—accessory to sales (land use)” means the repair of vehicles, equipment or other products on the same site as the retail sales of such vehicles, equipment or other products as a service to purchasers, that is incidental and accessory to the sales operation.
“Repair and maintenance—vehicle (land use)” means the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a principal use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Does not include:
automobile parking (see “vehicle storage”), repair shops subordinate to and maintained by a vehicle dealership which are included under “auto, mobile home, vehicle and parts sales”; service stations, which are separately defined; or automobile wrecking yards which are included under “recycling, scrap and wrecking yards.”
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“Repair and maintenance—consumer products (land use)” means service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; reupholstery and furniture repair. Does not include shoe repair (included under “personal services”).
Does not include repair or services incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment, which are included under “business support services.”
“Residential accessory uses (land use)” includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. Such uses include accessory structures such as swimming pools, spas and hot tubs, workshops, studios, greenhouses, garages, guesthouses (without cooking or kitchen facilities), solar panels, propane tanks, and similar equipment. Includes home receiving antennas for earth-based TV and radio broadcasts (broadcast and receiving antennas for ham radio and commercial applications, and satellite dish antennas, are included under the definition of “antennas, communication facilities”).
“Residential care homes (land use)” means facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. Includes: children’s homes; halfway houses; orphanages; rehabilitation centers; self-help group homes. “Residential Project” means and includes one or more groups of projects which entail: (i) constructing or placing any new dwelling unit in a permanent location; (ii) converting a nonresidential building to a residential use; (iii) Substantial Rehabilitation of an existing dwelling where the result of the rehabilitation would be a net increase in available residential units; (iv) subdivision of land which is planned, designed, or used for residential purposes; or (v) converting or demolishing an existing residential dwelling.
“Residential Rental Unit” means a dwelling unit (as defined in this section) that is occupied by a person or household other than the property owner and for which any compensation is provided in exchange for the right of occupancy. Residential Rental Unit: (1) excludes recreation vehicles and trailers (other than mobile homes); and (2) includes hotel and motel guest rooms that are used, rented or occupied as primary residences for thirty (30) or more consecutive days by the same occupant.
“Restroom” means a room which may contain a toilet and washbasin but shall specifically exclude any type of bathing facilities.
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“Retail stores, general merchandise (land use)” means retail trade establishments selling many lines of merchandise. Such types of stores and lines of merchandise include but are not limited to:
1. Artists’ supplies;
2. Auto parts (not repair or machine shops);
3. Bicycles;
4. Books;
5. Cameras and photographic supplies;
6. Clothing and accessories;
7. Department stores;
8. Drug and discount stores;
9. Dry goods;
10. Fabrics and sewing supplies;
11. Florists and houseplant stores (indoor sales only—outdoor sales are “plant nurseries”);
12. General stores;
13. Gifts, novelties and souvenirs;
14. Handcrafted items (stores may include crafting operations subordinate to sales);
15. Hardware;
16. Hobby materials;
17. Jewelry;
18. Luggage and leather goods;
19. Musical instruments, parts and accessories;
20. Newsstands;
21. Orthopedic supplies;
22. Pet stores;
23. Religious goods;
24. Small wares;
25. Specialty shops;
26. Sporting goods and equipment;
27. Stationery;
28. Toys and games;
29. Variety stores.
“Right-of-way line” means the recorded boundary of a public or private street or the existing or planned boundary of a public street as indicated in the circulation element of the general plan.
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“Retention Period” means the duration of time that the Affordable Housing Agreement remains in effect for Affordable Units under Chapter 19.16 of this Title. “RHNA” means the Regional Housing Needs Allocation (“RHNA”) process that establishes goals for new residential dwellings to be attained during the planning horizon of the current adopted Housing Element of the Buellton General Plan. “Schools—specialized education and training (land use)” means business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized nondegree granting schools such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; seminaries and other establishments exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples). “Secondary use” means:
1. A land use subordinate or accessory to a principal land use.
2. When used in reference to residential use in conjunction with commercial and industrial uses in this title, secondary shall mean two residential bedrooms per one thousand (1,000) square feet of total gross floor area of commercial or industrial development. However, in no event shall the total gross floor area of the residential development exceed the total gross floor area of the commercial or industrial use.
“Secondhand stores (land use)” means indoor retail establishments that buy and sell used products, including, but not limited to, books, clothing, furniture and household goods. The sale of cars and other used vehicles is included under “auto, mobile home, vehicle and parts sales.” “Semi-detached building” means a building having a common wall with another building which wall has no opening connecting the two buildings. “Senior Citizen Housing” means a Residential Project consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including 12955.9 in particular), which has been “designed to meet the physical and social needs of senior citizens,” and which otherwise qualifies as “housing for older persons” as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51.3.
Ordinance No. 25-02 Page 63 April 24, 2025
“Service station (land use)” means a retail place of business engaged in supplying goods and services generally required in the normal operation and maintenance of automotive vehicles and to the fulfilling of motorists needs. These include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items. Washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major motor repairs, painting and body and fender work and mechanical car wash are excluded. “Setback” means the minimum required distance that a building or structure must be located from any property line or street centerline.
“Setback, front” means a setback extending across the front of a lot between the inner side setback lines and measured from the front line of the lot to the front line of a building. “Setback, rear” means a setback extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. For the purpose of this title, the rear setback of an irregular or triangular lot shall be measured from a line at least ten feet long lying entirely within the lot, parallel or most nearly parallel to and most distant from the front line of the lot.
“Setback, side” means a setback between the side line of the lot and the nearest line of a building, and extending from the front line of the lot to the required rear setback line. “Shadow construction” means pipeline construction, involving two or more separate pipeline projects in the same corridor, coordinated at closely-timed intervals so that site rehabilitation is required only once.
“Shopping centers (land use)” means commercial developments on a single parcel or contiguous parcels under one ownership, containing five or more retail stores, service uses, or other tenants, where each have individual entrances from a commonly-owned public area such as a parking lot, mall corridor or atrium. Also includes such commercial developments where individual tenant spaces are subdivided as a commercial condominium, with parking and pedestrian circulation areas owned in common. The land uses allowed in shopping centers are determined by the applicable zone pursuant to Section 19.02.210.
“Sign area” means the area of the smallest rectangle within which a single sign face can be enclosed. See Section 19.04.170(F).
Ordinance No. 25-02 Page 64 April 24, 2025
“Sign, community identification” means a sign located on public property, where the sign message is limited to identifying the city (e.g. “Welcome to the City of Buellton”). “Sign copy” means the information content of a sign, including text, illustrations, logos, and trademarks.
“Sign, directory” means a sign identifying the occupants of a building and their location. “Sign face” means the visible portions of a sign including all sign copy, but excluding structural elements not an integral part of the sign copy display. “Sign, freestanding” means a self-supporting sign not attached to a building or structure, typically including pole-mounted and monument signs.
“Sign height” means the vertical distance from average natural grade to the top of the sign, including the support structure and any design elements. “Sign, off-premise” means a sign identifying or advertising a business, service or land use that is not conducted on the same premises as the sign. “Sign, projecting” means a sign attached perpendicular to a building wall. “Sign, roof” means a sign located on a building roof, above the mansard of a building or that extends above the roof line of a building.
“Sign, suspended” means a sign that hangs from under an eave, awning or arcade. “Sign, temporary” means a sign constructed from a nonpermanent material, in place for a temporary time period (e.g., banners).
“Sign, wall” means a sign affixed to the wall of a building that is flush with the wall. “Site” means a lot or multiple lots under common ownership that are the location of a proposed land use or development.
“Site coverage” means the percentage of the total area of a site that is occupied by buildings.
Ordinance No. 25-02 Page 65 April 24, 2025
“Special Needs Housing” means single room occupancy units, congregate care facilities and similar types of special living arrangements for persons and households who possess extraordinary housing needs by reason of economic, social, mental or physical disability. “Sport facilities and outdoor public assembly (land use)” means indoor and outdoor facilities for spectator-oriented sports, and other outdoor public assembly facilities for such activities as outdoor theater and concerts, that include: amphitheaters; stadiums and coliseums; arenas and field houses; race tracks; motorcycle racing and drag strips; and other sports that are considered commercial.
“Stock cooperative” means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the persons having such right of occupancy. The term “stock cooperative” does not include a limited-equity housing cooperative, as defined in this title. “Storage yards and sales lots (land use).” Storage yards are service establishments primarily engaged in the outdoor storage of motor vehicles, construction equipment, materials or supplies, farm machinery or industrial supplies on a lot or portion of a lot greater than three hundred (300) square feet in area. Sales lots consist of any permanent outdoor sales area for construction equipment or other heavy equipment; outdoor equipment rental yards (except auto rental which is included under “auto, mobile home, vehicle and parts sales”); large-scale temporary or permanent outdoor sales activities such as swap meets and flea markets. Also includes retail ready-mix concrete operations which are incidental to an outdoor equipment rental yard. Does not include: sales lots for autos and other vehicles, which are included under “auto, mobile home, vehicle and parts sales”; or the sale of farm equipment, which is included under “farm equipment and supplies sales.”
“Story” means the portion of a building between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
“Story poles” means a three-dimensional visual device used to delineate the location, height, and bulk of a proposed structure using wood beams or plastic poles or other suitable material.
“Street” means a permanently reserved, public or private right-of-way which affords the public a principal means of vehicular access to abutting or adjacent property, not including alleys
Ordinance No. 25-02 Page 66 April 24, 2025
or driveways as defined herein. The service or frontage road of a freeway shall be considered as a street separate from such freeway or highway.
“Street frontage” means the portion of a property line abutting a public or private street. “Structural alteration” means any change in the supporting members of a building or structure such as bearing walls, column beams or girders, or in the dimensions or configurations of the roof.
“Structure” means anything constructed or erected, the use of which requires location on the ground excluding trailers and sidewalks.
“Studio dwelling unit” means a single dwelling unit that does not contain a separate bedroom and which is located within a multifamily dwelling. “Subdivision” means a division of land as defined in the State Subdivision Map Act. “Substantial Rehabilitation” means rehabilitation, the value of which constitutes twentyfive (25) percent of the after rehabilitation value of a dwelling, inclusive of land value. “Swap meet” means an open-air market operating during daylight hours on weekends and holidays for the sale or exchange of merchandise at retail by a number of sellers. Signs or other advertising by the individual sellers and outdoor storage of materials or merchandise, except during hours of operation, are prohibited.
"Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
“Tandem parking” means that two or more automobiles are parked on a driveway, parking space, or in any other location on a lot, lined up behind one another. “Target Household” means a person or household meeting the income and occupancy criteria set forth in chapter 19.16 of this title.
“Target Population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commending with Section 4500) of the Welfare and Institutions Code)
Ordinance No. 25-02 Page 67 April 24, 2025
and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Temporary guest” means nonpaying guests occupying the premises for no more than one hundred twenty (120) days in any twelve (12) month period. “Theaters and meeting halls (land use)” means indoor facilities for public assembly and group entertainment, other than sporting events, such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for “live” theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. Outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events are included under the definition of “sport facilities and outdoor public assembly.” “Title” means Title 19 of the municipal code of the city of Buellton (commonly known as the “Zoning Ordinance”). See “zoning ordinance.”
“Trailer” means a vehicle with or without motor power which is designed or used for human habitation, office, shops, or storage including camper, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.
“Transitional Housing” means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Transitional housing developments shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
“Unit Type” means the size and amenities of a particular dwelling relative to number of bedrooms, quantity of baths, total square footage and similar distinguishing factors. “Vehicle storage (land use)” means service establishments in the business of storing operative cars, buses and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a principal use. (All principal uses are considered to include any customer or public use off-street parking required by this title.) Includes sites where vehicles are stored for rental or leasing. Does not include wrecking yards (classified in “recycling, scrap and wrecking yards”). “Very Low Income” means Households whose Gross Incomes do not exceed the qualifying limits for very low income households, established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section 6932, of
Ordinance No. 25-02 Page 68 April 24, 2025
the California Code of Regulations. The qualifying limits for Very Low Income is computed as fifty (50) percent of the Area Median Income, adjusted for household size. “Vision clearance” means a triangular space at the street or highway corner of a corner lot containing no planting, walls, or other structure exceeding three feet in height. Vision clearance shall be measured along the street line from the corner to the hypotenuse of the triangle. “Warehousing (land use)” means facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature for later distribution to wholesalers and retailers. Includes cold storage. Also includes warehouse, storage or mini-storage facilities offered for rent or lease to the general public. Does not include warehouse facilities where the primary purpose of storage is for goods for wholesaling distribution. Does not include terminal facilities for handling freight (classified in “vehicle and freight terminals”). “Wholesaling and distribution (land use)” means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment; bottling works.
“Wind energy conversion system” (WECS) means any device which converts wind energy to a form of usable energy. WECS producing electricity are included here; those used for direct climate control, water pumping or other conversion to mechanical or thermal power, are included under “agricultural accessory structures.” Transmission lines located off the site of the power plant are included under “pipelines and transmission lines.” Electrical substations are included under “public utility facilities.”
“Winery” means a bonded establishment primarily used for the purpose of processing grapes or other fruit products. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale/retail sales. “Zoning administrator” means a position authorized by Section 65900 et seq., of the California Government Code created by ordinance, which authorizes a hearing officer to hear and decide applications including, but not limited to, minor use permits and variances, as set forth within this title.
“Zoning clearance” means the procedure for land use and development review and approval described in Section 19.08.100.
Ordinance No. 25-02 Page 69 April 24, 2025
“Zoning ordinance,” “this ordinance” means the city zoning ordinance authorized by Section 65850 of the Government Code.
R. Section 19.16.013 subparagraph 3 of paragraph B, Figure 1, and Table 5 of Chapter
19.16 of Title 19 of the Buellton Municipal Code are hereby amended to read as follows:
B. Basic Provisions. In addition to (and not as a limitation of) the uses allowed according to the underlying zone district of the properties listed in Figure 1 and Table 5, each such property may be developed as a Residential Project, wholly independent and not constrained by the underlying zone district, subject to the provisions set forth below.
3. Affordable Unit Distribution. Affordable Units required under this section shall be allocated among the Target Households in proportion to Net RHNA Goals as set forth in Table 4 of Section 19.126.0120, but in no event shall the percentage allocated to Very Low Income be less than forty (40) percent. In addition, at least fifty (50) percent of all Affordable Units developed by the Agency shall be reserved for Very Low Income and the balance shall be allocated to Lower and Moderate Income in proportion to Net RHNA Goals.
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Table 5: List of AHOZ Sites
Map
No.
General Location
(All Within the City of Buellton)
No. of
Parcels
Site Area
(Acres)
Assessor
Parcel
Numbers and
Maps Gross Net
I
Northeasterly of the northerly
terminus of McMurray Road
adjacent to the McMurray Industrial
Park
2 17.95 17.10 137-090-006
137-090-007
II
Along the west side of Jonata Park
Road, north of the intersection of
Avenue of Flags and Central Avenue
2 18.17 15.00 099-400-064
099-400-065
III Northwest and southwest of the
intersection of Rufus T. Buell 2 3.39 3.20 137-170-059137-170-060
Ordinance No. 25-02 Page 72 April 24, 2025
DriveDamassa Road and McMurray
Road
IV
East of McMurray Road and north of
the easterly prolongation of Glennora
Way
1 2.16 1.60 137-090-06746
V Northeast corner of La Lata Drive
and Hwy 246 492 1.57 .080
099-85590-042
099-87590-043
099-88
099-89
099-90
VII Southeast of the intersection of Hwy
246 and Avenue of Flags 6 2.5 1.15
137-190-013
137-190-017
137-190-024
137-190-026
137-190-032
137-190-033
IX
Southeasterly of the southerly
terminus of McMurray Road behind
and adjacent to the Buellton Town
Center
4 6.72 6.00
137-200-077
137-200-078
137-200-087
137-200-094
X North of the easterly terminus of
Second Street 1 3.63 3.00 137-170-053
XI
Along the easterly side of McMurray
Road at the intersection of Rufus T.
Buell DriveDamassa Road
1 4.04 4.20 137-170-65067
Notes:
1. Numeric listing of AHOZ Sites above excludes potential candidates identified in the General Plan Land Use and Housing Elements that have not been designated for purposes of this section. The gap in numbering is intentional.
2. Net Acres is based on the definition of Net Buildable Area and is derived from Table 2-8B of the final EIR for the General Plan Update – Land Use and Circulation Elements, August 4, 2005. Figures shown are estimated; actual Net Buildable Area will be determined at the time of Entitlements. In addition, the Net Acres for AHOZ Sites V and VII have been further reduced by fifty (50) percent to account for the commercial priority provisions of Section 19.16.013(C)(2).
S. Section 19.16.012 of Chapter 19.16 of Title 19 of the Buellton Municipal Code is hereby repealed in its entirety. All definitions have been moved to Section 19.12.020, excepting those definitions which have been removed regarding Redevelopment
Ordinance No. 25-02 Page 73 April 24, 2025
Agencies and Redevelopment Areas, which are now defunct, and definitions which have been moved to Section 19.18.018 regarding Density Bonus Law.
T. Section 19.16.018 of Chapter 19.16 of Title 19 of the Buellton Municipal Code is hereby repealed and replaced in its entirety as follows:
19.16.018 Density bonus.
A. Purpose. The purpose of this section is to implement Government Code Section 65915. If any provision of this Chapter should conflict with a provision of such statute, the statutory provision shall prevail.
B. Definitions. Terms defined in Government Code Section 65915 shall have the same meaning in this Chapter.
C. Eligibility.
1. Pursuant to eligibility defined in Government Code Section 65915, the City shall grant a density bonus, the amount of which shall be as specified in Government Code Section 65915, and incentives or concessions, the amount of which shall be as specified in Government Code Section 65915.
2. The applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant, except as restricted by Government Code Section 65915.
3. The applicant may request a reduction in parking requirements in accordance with Government Code Section 65915.
4. The density bonus units shall not be included when calculating the total number of housing units that qualify the housing development for a density bonus, except as otherwise required by Government Code Section 65915.
5. The amount of the density bonus shall not exceed the percentages established in Government Code Section 65915.
6. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915, which includes projects that fail to “replace” existing housing units, as required by State law.
Ordinance No. 25-02 Page 74 April 24, 2025
7. A development application within the Avenue of Flags Specific Plan area which has been granted density bonus requests under this Section shall be eligible for the Development Opportunity Reserve (DOR) program, as defined in the Specific Plan, on a project-specific basis, under the discretion of the City Council, per the Avenue of Flags Specific Plan.
D. Application Requirements.
1. Applications for a density bonus shall be filed with the Planning Director on a form approved by the Director.
2. The density bonus application shall be filed and processed concurrently with an application for a land use permit and the applicant shall pay the density bonus application fee, established by the City Council.
3. The application shall clearly indicate the number of base units allowed by the General Plan and zoning regulations, the number of density bonus units requested, the number of affordable units, and the affordability levels that will be included in the proposed project.
4. The application shall specify requested incentives or concessions, waivers or reductions of development standards, and parking ratios.
5. The application shall include reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the Planning Director.
6. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted.
7. The application shall be processed in a manner consistent with the timelines specified in Government Code Section 65943.
E. Continued Affordability. The continued affordability requirements of Government Code Section 65915 shall be required for all density bonus applications, including that the units be deed-restricted for at least 55 years if renter occupied, and at least 45 years if owner occupied.
F. Unit Mix Requirements.
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1. For any development project that is granted a density bonus or other benefit pursuant to this Chapter, the affordable units shall be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.
2. All affordable units shall be comparable to market rate units with regard to total square footage, bedroom size, amenities, design, use of materials, finish quality, and exterior appearance.
G. Affordable Unit Construction Timing. The affordable units that qualify the project as eligible for a density bonus shall be constructed concurrently with or prior to the construction of any market rate units.
H. Projects with a Childcare Facility.
1. When an applicant proposes to construct a housing development that includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the City and the applicant shall adhere to the requirements of Government Code Section 65915.
2. The City shall not be required to provide a density bonus or concession or incentive for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
I. Findings.
1. The City shall approve a request for a concession or incentive, waiver, or reduction of development standards unless it makes one or more of the following findings:
a. The concession or incentive does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915. b. The request would have a specific, adverse impact, as defined in Government Code Section 65589.5 upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households; c. The request would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
Ordinance No. 25-02 Page 76 April 24, 2025
d. The request would be contrary to state or federal law. e. The application of a development standard included in a request for a waiver or reduction of development standards does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions requested by the applicant;
J. Appeals. Appeals of any decision of the Planning Director pursuant to this Chapter shall be heard in compliance with the procedures of Section 19.10.130 of this title.
U. Section 19.18.016 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
19.18.016 Allowable mix of uses.
A. At the time of application of the development plan for a mixed-use project, the applicant shall declare from Figure 18-1 the proposed mix of uses for the project. The matrix in Figure 18-1 identifies which mix of uses are allowed together.
Example: a property zoned CR (general commercial) by the city of Buellton’s zoning map shall be known as the base zone. Allowable mix of uses in the CR base zone are found in the vertical column below the CR designation. In this example, the allowable mix of uses are: RM (residential multifamily); CN (neighborhood commercial); CS (service commercial); and M (manufacturing). The mix of uses that are NOT allowed are: RS (single-family residential); PRD (planned residential development); and MHP (mobile home park).
B. For both the primary use and secondary use components of a mixed-use project, the specific allowable uses shall be found in Sections 19.02.110 and 19.02.210 of the city of Buellton Municipal Code. Uses not allowed as part of any mixed-use project are mini-storage warehouses.
In addition, the following uses have been determined to be incompatible and shall not be part of a mixed-use project that includes a residential component:
1. Agricultural uses, excluding Agricultural Employee Housing.
2. Auto and vehicle sales.
3. Auto body and repair.
4. Auto parts sales.
5. Chemical storage or manufacturing.
6. Columbariums and mortuaries.
7. Construction contractors and yards.
8. Gas/service stations.
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9. Heavy manufacturing.
10. Kennels and animal boarding.
11. Laundries and dry cleaning facilities.
12. Metal manufacturing.
13. Recycling collection stations.
14. Scrap and wrecking yards.
15. Slaughterhouses.
16. Truck stops.
17. Vehicle and freight terminals.
Other uses may be deemed incompatible through the development plan process.
Figure 18-1 Allowed Mix of Uses
Secondary
Uses
Primary Uses (Base Zone)
Zone RS RM PRD MHP CN CR CS M
RS X X X X X X X
RM X X X DP DP DP* DP*
PRD X X X X X X X
MHP X X X X X X X
CN X DP X X DP DP DP
CR X DP X X DP DP DP
CS X DP X X DP DP DP
M X X X X DP DP DP
DP – Allowed subject to approval of a development plan
X – Not allowed
* Refer to Section 19.18.026. Live-work/work-live units are the only residential units permitted in the CS and M zoning districts per this Chapter.
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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: (i) certify this Ordinance and cause it to be published in the manner required by law.; (ii) make typographical, grammatical and similar corrections in the final text of the Ordinance so long as such corrections do not constitute substantive changes in context; and (iii) cause the Buellton Municipal Code to be reprinted by deleting language contained within Section 3 of this Ordinance that is stricken and adding language that is double underlined.
PASSED, APPROVED AND ADOPTED this ____ day of May, 2025.
_______________________________
David Silva
Mayor
ATTEST:
____________________________
Linda Reid
City Clerk
ORDINANCE NO. 25-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, AMENDING THE AVENUE
OF FLAGS SPECIFIC PLAN FOR CONSISTENCY WITH
THE GENERAL PLAN HOUSING ELEMENT AND TITLE
19 (ZONING) AND REGARDING STANDARDS FOR
GROUND FLOOR RESIDENTIAL USES
WHEREAS, the Avenue of Flags Specific Plan (the “Specific Plan”) was adopted on October 26, 2017 by City Council Ordinance No. 17-04; and WHEREAS, an amendment to the Specific Plan (the “Specific Plan Amendment”) is needed for consistency with proposed Housing Element Amendment per City Council Resolution No. 25-11 and Zoning Ordinance Amendment per City Council Ordinance No. 25-02; and
WHEREAS, the Specific Plan Amendment is also proposed in order to make permanent a Planning Director policy interpretation dated February 23, 2022, regarding the allowance of residential uses and parking on ground floors in the Specific Plan area; and WHEREAS, a public hearing before the Planning Commission on the Specific Plan Amendment was held on March 20, 2025 as required by Buellton Municipal Code Sections
19.08.140.B.1 and 19.10.110.A.5, wherein the Planning Commission recommended to the City Council approval of the Specific Plan Amendment considered in Planning Commission Resolution 25-05; and
WHEREAS, all legal prerequisites have occurred prior to adoption of this Ordinance.
NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Buellton:
SECTION 1: 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 any aspect of the Ordinance, 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 April 24, 2025 (the “Public Hearing”).
2. All oral, written and visual materials presented by City staff in conjunction with the Public Hearing.
3. The following informational documents which, by this reference, are incorporated herein.
Ordinance No. 25-03 Page 2 April 24, 2025
a. That certain written report concerning the Specific Plan Amendment dated April 24, 2025 (the “Staff Report”) and all attachments. b. The recommendation from the Planning Commission as contained in Planning Commission Resolution No. 25-05, adopted March 20, 2025.
B. Public Review. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in the Buellton Municipal Code have been lawfully satisfied:
1. A notice of the Public Hearing was emailed to interested persons on April 3, 2025 and was published in a newspaper of general circulation on April 3, 2025 (the “Public Notice”), a minimum of twenty (20) days in advance of the April 24, 2025, Public Hearing.
2. The Public Notice for the Public Hearing was posted in two conspicuous public places on April 10, 2025, a minimum of ten (10) days in advance of the April 24, 2025, Public Hearing.
C. Environmental Clearance. 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 Specific Plan Amendment is adequately addressed in the prior Initial Study/Mitigation Negative Declaration (IS/MND) prepared for the Avenue of Flags Specific Plan. No further environmental review is required.
D. Consistency Declarations. Based on (i) the evidence presented in the Staff Report (incorporated herein by reference), (ii) consultations with affected City Departments, and (iii) testimony and comments received in connection with the Planning Commission and City Council Public Hearings, the City Council does hereby declare as follows:
1. Specific Plan Adoption.
a. Findings:
i. The form and substance of the Specific Plan Amendment, as well as the process used in its preparation and adoption, are consistent with the requirements set forth in the
Buellton Municipal Code (Section 19.08.140).
Ordinance No. 25-03 Page 3 April 24, 2025
ii. The Specific Plan Amendment is in conformance with all applicable policies and implementation programs set forth in the 2025 Buellton General Plan.
iii. The Specific Plan Amendment will not be detrimental to the health, safety, comfort, convenience, property values and general welfare of the community based on the
development standards set forth in the Avenue of Flags
Specific Plan and with the incorporation of the mitigation measures from the IS/MND.
iv. The Specific Plan Amendment will not adversely affect such necessary community services, including traffic
circulation, sewage disposal, fire protection, police
protection and water supply based on the development
standards set forth in the Avenue of Flags Specific Plan and with the incorporation of the mitigation measures from the IS/MND.
SECTION 2: Based upon the forgoing findings, facts and conclusions, including, but not limited to, the review of the information provided in the Staff Report, consideration of the testimony given at the City Council Public Hearing, as well as other pertinent information, the City Council hereby adopts amendments to the Avenue of Flags Specific Plan as noted in Exhibit A to the Ordinance.
PASSED, APPROVED AND ADOPTED this ___ day of May, 2025. _________________________________
David Silva
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk
Exhibit A – Amendment to the Avenue of Flags Specific Plan
Exhibit A
Draft Avenue of Flags Specific Plan Amendment
C. REGULATING PLAN
1. REGULATING PLAN (FIGURE 3-1)
In a typical General Plan or conventional Specific Plan, there is a land use map and corresponding zoning map that serves as a regulating plan. For the AOF Specific Plan, which is based on a Form-Based Code, the approach is slightly different. The City’s existing General Plan Land Use map and Zoning still apply to Specific Plan area, but the regulations in this document refine what may be done within this area.
To help clarify these standards, the Specific Plan includes a “Regulating Plan” (Figure 3-1), which functions more as a reference map for various standards and regulations that apply to the different Districts. The “Development and Building Standards by District” starting on page 14 apply to each District as a whole, but in some cases refer to the various Opportunity Sites or Medians shown in the map, which would be useful for both planners and developers considering projects within the area.
LAND USE
Any use on the table of “Land Use Possibilities” (Chapter 3, Table 3-8) may be considered for any of the properties within the specific plan area, in accordance with Form-Based Code regulations regarding building placement, massing and outdoor spaces. However, given the varying character of the Districts, preferred complementary land uses are shown in the FormBased Code regulations for each District (Chapter 3, Section E).
Avenue of Flags & State Route 246. Allowable land uses on ground floors fronting (first 150 feet of depth) that face the Avenue of Flags and State Route 246 shall be nonresidential and shall not include parking, garages, or similar uses.
TOWN PLAZA CORNERS
Corner courtyard (min 15 feet , max 55 feet) shall be provided on ground floor of properties located on all four corners of Avenue of Flags and 2nd Street intersection. The Town Plaza corner courtyard requirement overrides the maximum 10 foot limitation per Form-Based vocabulary for “courtyard-corner” buildings (Figure 3-25).
Low Barrier Navigation Centers
Supportive Housing
Transitional Housing
Tra
Low Barrier Navigation Centers 19.06.290 A
Supportive Housing 19.06.300 A
Transitional Housing A
Tra
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: April 24, 2025
Subject: Resolution No. 25-14 - “A Resolution of the City Council of the City of Buellton, California, Amending the Out-of-Agency Agreement for the Provision and Sale of Water to the Zaca Creek Restaurant Located at 1297 Jonata Park Road APN 99-600-02 Approximately One Quarter of a Mile North of the Incorporation Boundary of the City of Buellton in the Unincorporated Area of Santa Barbara County”
______________________________________________________________________________
BACKGROUND
The City has received a request from Mr. and Mrs. Rushing, the property owners of 1297 Jonata Park Road, to accommodate their expansion of the Zaca Creek Stonehouse Inn and Bar with 2 additional suites, an office and an additional 12 outdoor events per year. (Attachment 1).
On May 23, 1996, the City Council approved Resolution 96-15 (Attachment 2) which serves as the Out-of-Agency Water Service Agreement. The original agreement provided for the water service connection and a maximum water use allocation of 4000 gallons per day, for the specific purpose of serving the Zaca Creek Restaurant.
On February 13, 2020, the City Council approved Resolution 20-02 (Attachment 3) amending the Out-of-Agency Water Service Agreement to use the potable water provided by the City of Buellton for the improvements and additions to the former Zaca Creek Restaurant. These improvements and new amenities include the renovated restaurant, event center, 6-room hotel, pool and bar. Their anticipated and requested water usage was 1500- 2500 gallons per day, capped at 4000 gallons per day.
The request for additional water use is for a maximum of 1.5 acre-feet per month, raising the maximum previously approved of 4.42 AF per year (4000 gallons/day per Reso 96-15) to 18 AF per year. The historical usage for the Zaca Creek Stonehouse Inn and Bar since 2018 is provided in Attachment 4. There is available capacity within the City’s system to accommodate this increase request.
Resolution No. 25-14 Page 2 April 24, 2025
FISCAL IMPACT
The property is currently charged a water meter charge plus a water use rate of 1.5 times the rate charged to customers within the City of Buellton. Approval of the Resolution would not have a fiscal impact.
RECOMMENDATION
That the City Council consider adoption of Resolution No. 25-14 – “A Resolution of the City Council of the City of Buellton, California, Amending the Out-of-Agency Agreement for the Provision and Sale of Water to the Zaca Creek Restaurant Located at 1297 Jonata Park Road APN 99-600-02 Approximately One Quarter of a Mile North of the Incorporation Boundary of the City of Buellton in the Unincorporated Area of Santa Barbara County”
ATTACHMENTS
Resolution No. 25-14
Attachment 1 - Request/Can and Will Serve
Attachment 2 - Resolution No. 96-15
Attachment 3 - Resolution No. 20-02
Attachment 4 - Historical Consumption Use
RESOLUTION NO. 25-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, AMENDING THE OUT-OFAGENCY AGREEMENT FOR THE PROVISION AND SALE
OF WATER TO THE ZACA CREEK RESTAURANT
LOCATED AT 1297 JONATA PARK ROAD APN 99-600-02
APPROXIMATELY ONE QUARTER OF A MILE NORTH
OF THE INCORPORATION BOUNDARY OF THE CITY OF
BUELLTON IN THE UNINCORPORATED AREA OF
SANTA BARBARA COUNTY
WHEREAS, the City of Buellton has previously approved Resolution No. 96-15, approving the agreement to provide and sell municipal water to the property located at 1297 Jonata Park Road and said agreement running with the land; and WHEREAS, the City of Buellton has previously approved Resolution No. 20-02, approving the agreement to provide and sell municipal water to the property located at 1297 Jonata Park Road and said agreement running with the land; and WHEREAS, the provisions in the original agreement establish that the water use is designated to provide potable water for a restaurant use only, with specific exclusion for fire protection; and
WHEREAS, the provisions in the 2020 agreement, property has been approved by the County of Santa Barbara to be improved as Zaca Creek Stonehouse Inn and Tavern, which will include an event center, a six room hotel, pool and bar area with an anticipated water demand of 1500-2500 gallons per day and maximum of 4000 gallons per day; and WHEREAS, the current property owner would like to request additional allocation of water at a maximum use of 1.5 acre-feet per month, to accommodate their expansion of the Zaca Creek Inn by 2 additional suites, an office and an additional 12 outdoor events per year; and WHEREAS, the existing water usage rate shall continue to be 1.5 times the rate charged to customers of equivalent status within the City of Buellton and in no circumstance shall the water demand exceed 1.5 acre-feet per month. Should the usage exceed 1.5 acre-feet per month based on a monthly average, and occurs 3 or more months in a calendar year, the City reserves the right to restrict water usage through any means, including the reduction in size of the service meter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Buellton as follows:
SECTION 1. The City Council finds that all of the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
Resolution No. 25-14 Page 2 April 24, 2025
SECTION 2. All other portions of the original Resolution 96-15 and Resolution 20-02 remain active and true and are incorporated by reference as part of this Resolution.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 24th day of April 2025. _________________________________
David Silva
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk
Account: 02-22300-003 Service Address: 1297 JONATA PARK Rd Meter Numbe91615337 Name: BRIXIA PROPERTIES LLC
Begin
Read
End
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Consum
ption
(hcf)
Annual Total
(hcf)
Consumptio
n (gal)
Annual Total
(gal)
Consumptio
n (af)
Annual Total
(af)
2025 3 3/25/2025 270 499 229 1059 171304 792187 0.53 2.43 2 2/25/2025 9789 10270 481 359813 1.10
1 1/27/2025 9440 9789 349 261070 0.80
2024 12 12/26/2024 9063 9440 377 4054 282016 3032603 0.87 9.31 11 11/25/2024 8648 9063 415 310442 0.95
10 10/25/2024 8243 8648 405 302961 0.93
9 9/25/2024 7790 8243 453 338868 1.04
8 8/26/2024 7432 7790 358 267803 0.82
7 7/25/2024 6945 7432 487 364301 1.12
6 6/25/2024 6634 6945 311 232644 0.71
5 5/24/2024 6405 6634 229 171304 0.53
4 4/25/2024 6173 6405 232 173548 0.53
3 3/25/2024 5963 6173 210 157091 0.48
2 2/26/2024 5678 5963 285 213195 0.65
1 1/25/2024 5386 5678 292 218431 0.67
2023 12 12/27/2023 5088 5386 298 2906 222919 2173839 0.68 6.67 11 11/27/2023 4766 5088 322 240873 0.74
10 10/25/2023 4417 4766 349 261070 0.80
9 9/25/2023 4051 4417 366 273787 0.84
8 8/25/2023 3667 4051 384 287252 0.88
7 7/25/2023 3268 3667 399 298473 0.92
6 6/26/2023 2976 3268 292 218431 0.67
5 5/25/2023 2820 2976 156 116696 0.36
4 4/25/2023 2718 2820 102 76301 0.23
3 3/24/2023 2636 2718 82 61340 0.19
2 2/24/2023 2587 2636 49 36655 0.11
1 1/25/2023 2480 2587 107 80042 0.25
2022 12 12/27/2022 2383 2480 97 2564 72561 1918005 0.22 5.89 11 11/22/2022 2197 2383 186 139138 0.43
10 10/25/2022 1906 2197 291 217683 0.67
9 9/26/2022 1658 1906 248 185517 0.57
8 8/25/2022 1368 1658 290 216935 0.67
7 7/25/2022 1043 1368 325 243117 0.75
6 6/24/2022 790 1043 253 189257 0.58
5 5/25/2022 581 790 209 156343 0.48
4 4/26/2022 384 581 197 147366 0.45
3 3/25/2022 148 384 236 176540 0.54
2 2/25/2022 20 148 128 95751 0.29
1 1/25/2022 0 20 104 77797 0.24
Old meter 1/25/2022 11944 12028 0 0.00
2021 12 12/22/2021 11775 11944 169 2795 126421 2090805 0.39 6.42 11 11/24/2021 11573 11775 202 151107 0.46
10 10/26/2021 11261 11573 312 233392 0.72
9 9/27/2021 10970 11261 291 217683 0.67
8 8/25/2021 10725 10970 245 183273 0.56
7 7/27/2021 10409 10725 316 236384 0.73
6 6/25/2021 10133 10409 276 206462 0.63
5 5/25/2021 9934 10133 199 148862 0.46
4 4/26/2021 9725 9934 209 156343 0.48
3 3/26/2021 9509 9725 216 161579 0.50
2 2/26/2021 9361 9509 148 110712 0.34
1 1/26/2021 9149 9361 212 158587 0.49
2020 12 12/28/2020 8886 9149 263 1616 196738 1208852 0.60 3.71 11 11/25/2020 8621 8886 265 198234 0.61
10 10/26/2020 8378 8621 243 181777 0.56
9 9/25/2020 8250 8378 128 95751 0.29
8 8/26/2020 8139 8250 111 83034 0.25
7 7/25/2020 7919 8139 220 164571 0.51
6 6/25/2020 7778 7919 141 105475 0.32
5 5/26/2020 7659 7778 119 89018 0.27
4 4/25/2020 7636 7659 23 17205 0.05
3 3/25/2020 7596 7636 40 29922 0.09
2 2/26/2020 7540 7596 56 41891 0.13
1 1/28/2020 7533 7540 7 5236 0.02
2019 12 12/27/2019 7468 7533 65 618 48623 462296 0.15 1.42 11 11/25/2019 7346 7468 122 91262 0.28
10 10/25/2019 7209 7346 137 102483 0.31
9 9/25/2019 7126 7209 83 62088 0.19
8 8/27/2019 7064 7126 62 46379 0.14
7 7/25/2019 7012 7064 52 38899 0.12
6 6/25/2019 6959 7012 53 39647 0.12
5 5/25/2019 6939 6959 20 14961 0.05
4 4/25/2019 6933 6939 6 4488 0.01
3 3/25/2019 6926 6933 7 5236 0.02
2 2/25/2019 6919 6926 7 5236 0.02
1 1/25/2019 6915 6919 4 2992 0.01
2018 12 12/28/2018 6912 6915 3 3 2244 2244 0.01 0.01
original reso 20-02 assuming 4000 120000 1440000 0.37 4.42 25-14 request is max at 1.5 AF/mo 488776 5865312 1.50 18.00
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 9
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: April 24, 2025
Subject: 2025 Water and Wastewater Rate Study Informational Workshop ______________________________________________________________________________
BACKGROUND
On May 23, 2024, the City awarded the consultant contract to Willdan Financial to conduct a comprehensive Water and Sewer Rate Study. Staff has been working with Willdan on providing historical and projected expenditures in the Water and Sewer Funds. The rate committee, consisting of city staff, Willdan and 2 Council members have met to review the draft figures.
Willdan Financial will be providing a presentation for this Informational Workshop during tonight’s meeting as the first public outreach. Additional outreach materials will be provided through the Buellton Buzz, Water Bill Insert, Buellton Engage, City Social Media feeds, and through the Buellton Chamber of Commerce.
FISCAL IMPACT
The informational workshop itself will not have a fiscal impact.
RECOMMENDATION
Staff recommends that Council receive the presentation, discuss, and provide direction as appropriate.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 10
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: April 24, 2025
Subject: Consideration of Funding Request from Santa Ynez Valley Children’s Museum
______________________________________________________________________________
BACKGROUND
At the March 13, 2025 meeting, the City Council appointed an ad hoc committee comprising Mayor Silva and Vice Mayor Lewis to investigate a potential partnership with the Santa Ynez Valley Children’s Museum (SYVCM). This was made following a request for a partnership with the City was made by SYVCM Executive Director Ashley Jenkins during a public comment at an earlier meeting.
An initial request was made by SYVCM, which the committee was unable to support. After a proposed reduction in the amount of funding by the committee, a subsequent request was made by SYVCM which resulted in a recommendation from the committee for the City Council to support such a partnership, consisting of financial support for a limited period of time. It is hoped by the committee members that this financial support will enable the required construction of the SYVCM facilities to take place, and that this construction, along with the financial support on the part of the City can aid in the raising of subsequent construction and operational funds.
The funding plan proposed by the ad hoc committee calls for an initial contribution of $500,000 for FY 2025/26, followed by $300,000 for FY 2026/27, and a final contribution of $200,000 (on a matching basis) for FY 2027/28. This recommendation also requires the periodic review of expenditures of City funds by SYVCM and progress reports, with the result of these reviews and reports informing the City Council’s consideration of the subsequent year’s budget. Thus the granting of funds this coming fiscal year and the budgeting of funds for the subsequent fiscal years does not guarantee future funding, but allows such funding to be considered based upon the progress made toward annual construction and operational goals.
Children’s Museum Funding Page 2 April 24, 2025
The conveyance of funds in the coming Fiscal Year will also be contingent upon the approval of a new license agreement allowing for construction and operation of the SYVCM on the 202 Dairyland Road site, an agreement outlining the terms and requirements of the City’s contributions, and the approval of a Conditional Use Permit by the Planning Commission.
FISCAL IMPACT
Approval of the recommendation of the ad hoc committee would result in an impact to the City’s general fund of $500,000 for FY 2025/26, and the budgeting of $300,000 for expenditure in FY 2026/27. These would be approved by the City Council as part of the upcoming biennial budget process. Any expenditure for FY 2027/28 would need to be approved by the City Council during the next biennial budget cycle (2027-2029).
RECOMMENDATION
The Ad Hoc Committee recommends that the City Council consider and approve a partnership with the SYVCM, consisting of financial contributions according the schedule outlined in the staff report, subject to the approval of budget annually.