Buellton City Council
May 8, 2025

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of May 8, 2025 – 6:00 p.m.

City Council Chambers, 140 West Highway 246
Buellton, California
Council meetings will be conducted in person and the public is welcome to attend.

Written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at:
http://www.cityofbuellton.com/government/cityTV.php

CALL TO ORDER
Mayor David Silva

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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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

1. Minutes of April 24, 2025 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2024/2025

3. Financial Report for the Third Quarter Ending March 31, 2025  (Staff Contact: Finance Director Shannel Zamora)

4. Resolution No. 25-15 - “A Resolution of the City Council of the City of Buellton, California, Adopting the Fiscal Year 2025/2026 List of Projects Funded by SB1: The Road Repair and Accountability Act of 2017”
 (Staff Contact: Public Works Director Rose Hess)

5. Acceptance of the New Library/Meeting Rooms (202 Dairyland Renovation) Project  (Staff Contact: Public Works Director Rose Hess)

6. 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” (Second Reading)
 (Staff Contact: Associate Planner Cara Miralles)

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” (Second Reading)

PRESENTATIONS

7. Proclamation Recognizing Peace Officers Memorial Day, May 15, 2025 and National Police Week, May 12-18, 2025

8. Proclamation Recognizing National Military Appreciation Month

PUBLIC HEARINGS (POSSIBLE ACTION)

9. Ordinance No. 25-04 – “An Ordinance of the City Council of the City of Buellton, California, Amending Title 19 (Zoning) of the Buellton Municipal Code in Regards to Accessory Dwelling Units” (Introduction and First Reading)  (Staff Contact: Associate Planner Cara Miralles)

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.

BUSINESS ITEMS (POSSIBLE ACTION)

10. Deep Dive: Discussion of Visitors Bureau Activities  (Staff Contact: City Manager Scott Wolfe)

11. Discussion Regarding Pet Waste/Disposal
 (Staff Contact: Public Works Director Rose Hess)

12. Receive the Final Draft of the 2025 Water and Sewer Rate Study and Approval of the Proposition 218 Notice of Public Hearing for Water and Wastewater Rates  (Staff Contact: Public Works Director Rose Hess)

13. Consideration of a New Contract with Metro Ventures Ltd. for Irma L. Tucker to Provide Professional Planning Services
 (Staff Contact: Planning Director Andrea Keefer)

14. Fiscal Year 2025-26 & 2026-27 Requests for Funding from Outside Agencies  (Staff Contact: Finance Director Shannel Zamora)
CITY MANAGER’S REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, May 22, 2025 at 6:00 p.m.

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of April 24, 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, Vice Mayor Elysia Lewis, and Mayor David Silva (Via Zoom) Staff: City Manager Scott Wolfe, City Attorney Greg Murphy, Finance Director Shannel Zamora (Via Zoom), Planning Director Andrea Keefer, Associate Planner Cara Miralles, and City Clerk Linda Reid

REORDERING OF AGENDA
None

PUBLIC COMMENTS
None

CONSENT CALENDAR
Council Member Hornick requested and the Council agreed by consensus to pull Item 5 for discussion.

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

MOTION:

Motion by Council Member Sanchez, seconded by Mayor Silva, approving Consent Calendar Items 1 through 4 as listed.

VOTE:

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

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

5. Award of Contract for the Library/Field Parking Lot Project Council Member Hornick questioned paying so much for a parking lot without establishing a need for a parking lot in the area.

MOTION:

Motion by Council Member Sanchez, seconded by Mayor Silva, approving Consent Calendar Item 5.

VOTE:

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

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

PRESENTATIONS

6. Proclamation Honoring National Arbor Day – April 25, 2025 Vice Mayor Lewis read the proclamation honoring National Arbor Day on April 25, 2025.

PUBLIC HEARINGS

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”
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) RECOMMENDATION:

That the City Council consider adoption of Resolution No. 25-11 and the introduction and first reading of Ordinance Nos. 25-02 and 25-03.

STAFF REPORT:

Associate Planner Miralles presented the staff report via a presentation regarding this item.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed both Development Opportunity Reserve (DOR) and density bonus application fees.

Vice Mayor Lewis opened the public hearing regarding Resolution No. 25-11 at 6:24 p.m., there being no public comment, Vice Mayor Lewis closed the public hearing at 6:25 p.m.

MOTION:

Motion by Council Member Sanchez, seconded by Mayor Silva adopting 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” VOTE:

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

Council Member Hornick – Yes
Council Member Sanchez – Yes
Vice Mayor Lewis – Yes
Mayor Silva – Yes
Vice Mayor Lewis opened the public hearing regarding Ordinance No. 25-02 at 6:34 p.m., there being no public comment, Vice Mayor Lewis closed the public hearing at 6:35 p.m.

MOTION:

Motion by Council Member Sanchez, seconded by Mayor Silva introducing for first reading 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 further reading and allowing both DOR and density bonus, with DOR granted on a case by case basis, with no requirement for density bonus application fees.

VOTE:

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

Council Member Hornick – No
Council Member Sanchez – Yes
Vice Mayor Lewis – Yes
Mayor Silva – Yes
Vice Mayor Lewis opened the public hearing at 6:45 p.m. regarding Ordinance No. 25-03, there being no public comment, Vice Mayor Lewis closed the public hearing at 6:46 p.m.

MOTION:

Motion by Council Member Sanchez, seconded by Mayor Silva introducing for 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” by title only and waive further reading.

VOTE:

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

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

COUNCIL MEMBER COMMENTS/ITEMS
Council Member Hornick requested and the Council agreed by consensus requesting staff agendize discussion regarding creating two separate 501(c)(3) organizations for the Thousand Trees initiative and employee home loan assistance program (housing trust).

Council Member Sanchez announced that Buellton resident, Kacy Caplan, will begin her fundraising campaign for the annual Elk’s Rodeo Queen Contest with a kick-off BBQ and Auction at River View Park on Sunday, April 27 at 12:00 p.m.

Vice Mayor Lewis thanked staff for hosting the Easter Eggstravaganza at River View Park on April 19 and stated it was a great event.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Mayor Silva announced that he attended the Santa Barbara County Association of Governments (SBCAG) board meeting and provided an oral report for the record.

Council Member Sanchez announced that he attended the Buellton Chamber of Commerce and Visitors Bureau board meeting and provided an oral report for the record.

Council Member Sanchez announced that he attended the Central Coast Water Authority (CCWA) board meeting and provided an oral report for the record.

Council Member Sanchez announced that he attended the Sustainable Groundwater Management meeting and provided an oral report for the record.

BUSINESS ITEMS

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” RECOMMENDATION:

That the City Council consider adoption of Resolution No. 25-14.

STAFF REPORT:

Public Works Director Hess presented the staff report.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Sanchez, seconded by Mayor Silva adopting 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”
VOTE:

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

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

9. 2025 Water and Wastewater Rate Study Informational Workshop RECOMMENDATION:

That the City Council receive the presentation and provide direction to staff.

STAFF REPORT:

Public Works Director Hess presented the staff report.

SPEAKERS/DISCUSSION:

Chris Fisher, representing Willdan, joined the meeting via Zoom and discussed the 2025 water and wastewater rate study.

DIRECTION:

The City Council agreed by consensus to direct staff to move forward with the 2025 water and wastewater rate study.

10. Consideration of Funding Request from Santa Ynez Valley Children’s Museum RECOMMENDATION:

That the City Council consider the funding request from the Santa Ynez Valley Children’s Museum (SYVCM).

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

Correspondence was received and made part of the record supporting the Santa Ynez Valley Children’s Museum from Theresa Reilly and Amber Ortiz, (with additional support letters).

Melissa Miller, Buellton, spoke in support of the SYVCM and that it will be a destination for kids and families.

Shelly Silva, Buellton, spoke in support of the SYVCM and how it will enhance the community.

Ashley Jenkins, representing the SYVCM, spoke about various programs and activities that will be brought to the Museum. Ms. Jenkins also discussed the Museum’s updated budget.

The City Council discussed the funding associated with the Children’s Museum.

MOTION:

Motion by Mayor Silva, seconded by Council Member Hornick approving a partnership between the City of Buellton and the SYVCM, consisting of financial contributions according to the schedule outlined in the staff report, subject to annual budget approval by the City Council and that an agreement between the City and the SYVCM be brought back to Council for discussion and approval.

VOTE:

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

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

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

ADJOURNMENT
Vice Mayor Lewis adjourned the regular meeting at 8:05 p.m. The next regular meeting of the City Council will be held on Thursday, May 8, 2025 at 6:00 p.m. ____________________________
Elysia Lewis
Vice Mayor
ATTEST:
_____________________________
Linda Reid
City Clerk

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 2

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: May 8, 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 04/12/2025 through 04/25/2025 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 04/12/2025 through 04/25/2025 was $637,979.18.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for 04/12/2025 through 04/25/2025. 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 04/12/2025 through 04/25/2025.

ATTACHMENTS
Attachment 1 – Claims

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 3

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: May 8, 2025
Subject: Financial Report for the Third Quarter Ending March 31, 2025 ______________________________________________________________________________

BACKGROUND
Four times each year, City staff completes a comprehensive analysis of City finances, including projected fund balances, revenues to date, departmental budgets, expenditures, and encumbrances. This financial report focuses on the Third Quarter of Fiscal Year 2024- 25 and summarizes the quarter ended March 31, 2025 for the General Fund, Enterprise Funds and Capital Improvement Fund.

Attachment 1 provides an overview of the current economic outlook on the local, state and national levels; General Fund revenues, expenditures, projected fund balances; and activity in the Enterprise Funds. Though this information is not audited and does not contain all the usual periodic adjustments, accruals or disclosures, the information does provide a picture of the City’s activity and developing financial trends. Attachment 2 focuses on the status of the Capital Improvement Budget at the end of the quarter ended March 31, 2025.

FISCAL IMPACT
The Interim financial statement provides the community with an understanding of the financial activity of the City’s primary funds.

RECOMMENDATION
That the City Council receive and file the Third Quarter Financial Report.

ATTACHMENTS
Attachment 1 - Quarterly Financial Report for the period ending March 31, 2025 Attachment 2 - Quarterly Capital Improvement Project Report for the period ending March 31, 2025

Overview
The purpose of this financial report is to provide
financial information for the City of Buellton.

This report focuses on the Third Quarter of fiscal
year 2024-25 and covers the period July 1, 2024
through March 31, 2025. The report is
presented quarterly and concentrates on the
General Fund and Enterprise Funds. The
quarterly financial report presents the City’s
financial position, considers economic factors
and highlights trends based on the City’s budget
versus what actually occurred during the period.

A discussion of other economic factors provides
a means of comparing the local economy against
larger economic events that may affect the City
of Buellton. This quarterly financial report is a
valuable tool to the Council, staff and general
public.

U.S Economy
As of March 31, 2025, the U.S. economy is
exhibiting signs of deceleration amid escalating
trade tensions, persistent inflationary pressures,
and a housing market grappling with
affordability challenges. Economists warn of
increasing risks of stagflation, characterized by
stagnant economic growth and rising inflation.

The Federal Reserve faces the challenge of
balancing inflation control with the need to
support economic growth. While the labor
market remains relatively strong, ongoing trade
disputes and inflationary pressures could
dampen consumer confidence and spending in
the coming months.

According to the Bureau of Economic Analysis
(BEA), the real domestic product (GDP)
decreased at an annual rate of 0.3% in the first
quarter of 2025, slowing from the previous
quarter’s 24% growth marking its first decline in
three years. This downturn was primarily driven
by a record trade deficit, as businesses
accelerated imports ahead of new tariffs
imposed by President Trump. The surge in
imports, which are subtracted from GDP
calculations, significantly impacted the overall
economic output. While consumer spending
increased by 1.8%, this was a notable slowdown
compared to previous quarters. Business
investments saw a temporary boost due to pretariff stockpiling, but government spending declined owing to federal budget cuts and
layoffs.

As of March 2025, the U.S. Consumer Price Index
(CPI) decreased by 0.1% for the month but rose

2.4% over the previous 12 months, signaling a
moderation in inflation. The index for all items
(excluding food and energy) increased 2.8%
year-over-year, the lowest since March 2021.

Energy prices fell significantly, with gasoline
down 9.8% and fuel oil down 7.6%, while food
prices rose 3.0%, driven by a sharp 60.4%
increase in egg prices. The moderation in
inflation seen in the March 2025 CPI report
could influence the Federal Reserve to pause or
slow further interest rate hikes, or potentially
consider rate cuts later in the year—depending
on other economic conditions.

The labor market remained steady. According to
the Bureau of Labor Statistics (BLS), the national
unemployment rate stood at 4.2 in March 2025.

Total nonfarm payroll employment increased by
228,000 in March. The primary job gains were in
health care, social assistance, transportation
and warehousing, and retail trade (partly due to

CITY OF BUELLTON
Quarterly Financial Report
Third Quarter Ending March 31, 2025
FY 2024-25
Third Quarter
May 8, 2025

workers returning from a strike, indicating
stabilization in the sector). Conversely, federal
government employment experienced a decline
signaling budget constraints and shifting
priorities.

As of March 2025, the U.S. housing market has
shown a mix of trends. Home prices hit a record
median of $403,700, but over 64% of homes sold
below asking price, signaling weakening seller
leverage. Inventory rose nearly 20% year-overyear, giving buyers more options, while mortgage rates remained high at around 6.65%.

Despite affordability concerns, pending home
sales surged 6.1% in March, indicating renewed
buyer interest as rates eased slightly.

State Economy
While California's economy continued to grow in
2024, challenges such as rising inflation, a
cooling labor market, and housing affordability
issues contributed to a cautious economic
outlook as the state enters 2025.

GDP growth was steady. California’s GDP
continued to grow moderately in 2024. Factors
such as a slower-growing tech sector, a cooling
labor market, and headwinds from high interest
rates and inflation contributed to this
deceleration. As of March 31, 2025, California's
economy remains robust, though it faces
challenges amid national economic headwinds.

California has ascended to become the world's
fourth-largest economy, surpassing Japan, with
a nominal GDP of $4.1 trillion. This growth
reflects the state's economic resilience and its
significant contribution to the national
economy.

The state continues to lead in sectors like
manufacturing, high-tech, agriculture, and
tourism, driving national economic growth.

However, challenges persist, including inflation
rates higher than the national average and
housing affordability issues, with monthly costs
for newly purchased homes significantly
elevated.

According to the BLS, as of March 2025,
California’s Consumer Price Index (CPI)
increased by 0.5% from the previous month.

Over the 12-month period, the CPI rose by 2.2%.

Food prices increased 3.7%. Energy prices
declined 4.3%, largely the result of a decrease in
the price of gasoline. The index for all items less
food and energy increased 2.5% over the year,
reflecting higher prices for medical care (+4.5
percent) and shelter (+2.9 percent). In contrast,
prices were lower for household furnishings and
operations (-0.3 percent) and education and
communication (-0.1 percent).

According to the Employment Development
Department (EDD), California's unemployment
rate decreased to 5.3% in March 2025, marking
the fifth consecutive month of decline. This
improvement suggests a steady labor market.

Three of California's 11 industry sectors gained
jobs in March with Private Education and Health
Services (+12,600) posting a gain for the
38th straight month, due to above-average
gains in Nursing Care Facilities, Individual and
Family Services, and Child Day Care Services.

Government (+4,800) also posted a month-over
job gain with the largest increase coming from
Local Government (+4,300). Trade,
Transportation and Utilities (-10,200) posted the
State’s largest month-over loss with the majority
of the losses coming from Transportation,
Warehousing, and Utilities (-8,600), which
continues to experience normal seasonal losses,
particularly in Couriers and Messengers after the
holiday season.

California's housing market continues to
struggle with affordability issues. In March 2025,
the median sold price of existing single-family

homes in California was $884,350, a 3.5%
increase from the previous year. However,
home sales decreased by 2.3% from February,
indicating potential buyer hesitancy amid high
prices and mortgage rates. Pending home sales
also declined for the fourth consecutive month,
signaling a potential slowdown as the spring
buying season begins.

City of Buellton Economy
The City’s General Fund ended the Third Quarter
of 2024-25 with about $13.65 Million in Cash
Balance. The City’s General Fund Reserve Policy
states the reserve level must be maintained at
35 percent of budgeted operating expenditures.

The current budgeted operating expenditures is
about $10.50 million which makes the target
reserve level approximately $3.68 million. Of the
current cash balance, about $9.97 million is
available for current and future capital
improvement projects, or any other use as
stated in the City’s Reserve Policy. Current
revenue through March 31, 2025 is 45.52
percent of budget projections while current
expenditures are at 54.10 percent of budget.

The City is heavily reliant on sales tax and
transient occupancy taxes (TOT) which continue
to show steady revenue. Buellton’s economy is
likely to remain resilient but face headwinds
from slowing consumer spending and potential
declines in tourism. The city’s sales tax and TOT
revenue may fluctuate depending on tourism
trends, while property tax revenue should grow
at a moderate rate. The key factors to watch will
be mortgage rates, inflation, and tourism
demand, which will influence the city's revenue
stability heading into Summer 2025.

The City has two Enterprise Funds: Water and
Sewer Funds. The goal of these funds is to
finance or recover the cost of providing services
to the public through user charges. These funds
are supported by charging for water and sewer
services. The Wastewater Fund ended the Third
Quarter with a combined Fund Balance of about
$2.92 Million and $1.10 Million in cash.

Wastewater operating revenue ended the Third
Quarter at 53.04 percent while operating
expenses were at 56.14 percent.

The Water and Water Capital Fund ended the
Third Quarter with a combined Fund Balance of
about $9.93 Million and $5.72 Million in cash.

Water Fund Operating revenues ended the Third
Quarter at 60.21 percent while operating
expenses were at 59.18 percent.

GENERAL FUND
General Fund Balance
Table 1 below shows that with 75 percent of the fiscal year complete, revenues are within projections at 45.52 percent while expenditures are within 54.10 percent of appropriations. “Revenue versus budget” gaps are explained in the next section.

General Fund - Fund Balance Original Budget Current Budget Actual Percent Fund Balance at Start of Year $ 15,404,139
Revenues* 11,987,307 17,266,041 $ 7,859,227 45.52%
Expenditures* (10,117,709) (17,266,041) $ (9,341,630) 54.10% Est.Fund Balance at End of Quarter - $ 13,921,736
Change in Fund Balance 1,869,598 - $ (1,482,403)
* Includes transfers for Capital Improvement Projects
Table 1: General Fund Balance
Table 2 below provides summary comparison information on revenues and expenditures through the quarter ending March 31, 2025 versus the prior year quarter ending March 31, 2024.

Q3 FY 2024-25 Q3 FY 2023-24
Increase
(Decrease) Percent
Revenues:

Taxes $ 6,596,424 $ 6,444,669 $ 151,755 2.35%
Fees and Permits 37,230 12,883 $ 188.99% 24,347
Fines and Penalties 12,377 5,714 $ 116.61% 6,663
Charges for Current Services 74,447 130,764 $ (56,318) -43.07% Use of Monies and Properties 545,974 500,189 $ 45,785 9.15% Revenue from Other Agencies 574,316 501,924 $ 72,392 14.42% Other Revenue* 18,460 131,664 $ (113,204) -85.98%
Total Revenue $ 7,859,227 $ 7,727,807 $ 131,420 1.70%
Expenditures:

Employee Services $ 1,835,785 $ 1,713,164 $ 122,620 6.68% Operating and Maintenance $ 5,495,602 $ 4,834,326 $ 661,275 12.03% Transfers for Capital Outlay $ 1,933,025 $ 800,889 $ 1,132,137 58.57% Minor Capital $ 77,218 $ 41,213 36,005 46.63%
Total Expenditures $ 9,341,630 $ 7,389,593 1,952,037 20.90% Change in Fund Balance $ (1,482,403) $ 338,214 (1,820,618) -538.30% Table 2: Previous Year Comparison

Total revenues through the Third Quarter are $131,420 (1.70%) higher than the previous fiscal year during the same period. The revenue category with the largest dollar increase is “Taxes” with an increase of $151,755. The increase is mainly due to additional revenue collected from the Transient Occupancy Tax (TOT) between February and March 2025, following the TOT rate increase from 12% to 14%, which took effect on February 1, 2025. The second largest dollar increase category, “Revenue from Other Agencies” increased by $72,392 primarily due to a grant received from the Office of Transportation Safety (OTS).

The revenue category with the largest dollar decrease is “Other Revenue” with a decrease of $113,204 due to the REAP grant cost reimbursement received the prior year. The revenue category with the second largest dollar decrease is “Charges for Current Services” primarily due to this year’s timing of Summer Camp registrations which took place in early April 2025. Revenue from other categories shows steady increases from the prior year.

Total expenditures are about $1.95 million (20.90%) higher than the previous fiscal year’s period. The increase of $122,620 (7.28%) in Employee Services is due to the 3.94% cost-of-living adjustment received by all the City’s full-time employees effective July 1, 2024 in addition to the 5% merit increase approved for the City Manager effective July 1, 2024. Furthermore, the City also added the newly approved Administrative Assistant position that was filled in March 2024.

The Operating and Maintenance expenditure category increased by $661,275 (12.03%) compared to the same period last year. A portion of this increase, $109,594, was allocated to a higher contribution for the Senior Center's Meals-on-Wheels Program. Additionally, roof replacements at 202 Dairyland (Willemsen House) and 140 West Highway 246 (former library location) totaled approximately $110,000.

Maintenance costs included drainage channel repairs at River View Park and irrigation maintenance at the Willemsen Property. Additionally, the City is conducting a General Plan Update during the current fiscal year, with year-to-date expenditures totaling approximately $100,000. Lastly, the contract for Santa Barbara County Sheriff services rose by nearly $200,000 (7.2%) for the fiscal year, or $50,000 quarterly, contributing significantly to the overall expenditure increase.

Capital improvement projects (CIP) expenditures currently in progress through March 31, 2025 total $1,933,025 ($1.13 million, or 58.57%, more than last year) and are as follows:
 Project #092-207 Santa Ynez River Trail - $30,000
 Project #092-212 The Avenue of Flags Median 3 Improvements - $500  Project #092-220 Willemsen Parking Lot - $55,224
 Project #092-221 Willemsen House Renovation - $1,604,033  Project #092-223 140 Highway 246 SYVCO TI - $86,868
 Project #092-307 McMurray Road Widening/TS - $93,123
 Project #092-309 West Highway 246 Safety Improvements - $34,084

 Project #092-322 FY 2023-24 Road Maintenance Project - $29,193 The minor capital expenditure category compared to last year increased by $36,005 (46.63%) due to the purchase of a traffic speed trailer and storage pod for the traffic motor deputy motorcycle.

Top Five General Fund Revenues

Top Five Revenues
Original
Budget
Current
Budget YTD Actual Percent
Sales Tax $ 3,540,543 $ 3,610,776 $ 2,271,527 62.91%
Transient Occupancy Tax 3,800,000 $ 4,050,000 2,976,804 73.50% Property Tax 1,978,500 $ 1,977,017 1,149,062 58.12%
MVLF Swap 630,873 $ 638,733 50.81% 324,514
Franchise Fees 434,500 $ 415,038 47.95% 199,031
Other Revenues* 597,891 $ 1,239,933 75.67% 938,290
Total Revenues $ 10,982,307 $ 11,931,497 $ 7,859,227 65.87% Use of Reserves 1,005,000 5,334,544 0.00% -
Total Funding Sources $ 11,987,307 $ 17,266,041 $ 7,859,227 45.52% Table 3
Sales Tax
At the end of the Third Quarter, the City received 62.91 percent of the total projected Sales Tax revenue.

Payments are recorded when received and applied to the corresponding month of sales; usually payment is received from the State of California two months after the sales tax is collected. Revenue from sales tax has been received through February 2025. March 2025 sales tax will be received mid-May. Sales tax revenue fluctuates each month in conjunction with seasonal flows. Sales tax is expected to be within budget by the end of the fiscal year.

Transient Occupancy Tax (TOT)
TOT revenue is a major component of the City’s General Fund. Effective February 1, 2025, the TOT rate increased to 14 percent of the total taxable rent collected from each hotel within the City. Prior to this adjustment, the rate had remained at 12 percent since February 1, 2013. TOT payments for the reporting period are due on the 20th of the following month and cause revenue streams to lag one month. The City has received 73.50 percent of anticipated revenues through March 2025 TOT receipts.

Top Five Revenues for the City of Buellton’s General Fund are Sales Tax, Property Tax, Transient Occupancy Tax (TOT), Motor Vehicle License Fee (MVLF) and Franchise Fees. These revenues account for about 89% of total General Fund Revenues.

Property Tax
The City’s property tax revenues are at intervals set by the Santa Barbara County Auditor-Controller, usually in December and April. Property tax is at 58.12 percent of projected revenue. The City’s ongoing share of property tax is projected to grow at a steady pace as the current housing market conditions remain stable. Growth is anticipated to be 4.88 percent from the prior year.

Property Tax in Lieu of Motor Vehicle License Fee (MVLF Swap) Payments from the Santa Barbara County Auditor-Controller are received throughout the year, usually January and June. This revenue is trending upwards based on historic receipts. MVLF fees received are expected to be within budget by the end of the fiscal year.

Franchise Fees
Franchise fees are received monthly, quarterly and annually. The majority of the City’s Franchise Fees are collected from Marborg Industries, the City’s solid waste service provider. Other franchise fees are received from Comcast, PG&E and SoCal Gas. Franchise fees ended the Third Quarter at 47.95 percent of revenue projections. PG&E and So Cal Gas franchise fees are collected in April and will be reflected on the next quarterly report and franchise fees will be within budget projections by the end of the fiscal year.

General Fund Expenditures
Table 4 summarizes operating costs by department. As of March 31, 2025, or 75 percent of the year expended, the General Fund ended the Third Quarter at 54.10 percent expended (including CIP). Actual General Fund expenditures were approximately $9.34 Million. Most Budget Units ended the Third Quarter within budget with the exception of the City Attorney, Non-Departmental, and Public WorksLandscape.

Department Expenditures
Adopted
Budget
Current
Budget YTD Actual % Expended
401-City Council 179,421 238,826 155,004 64.90%
402-City Manager 350,556 376,653 270,424 71.80%
403-City Clerk/Human Resources 211,478 243,283 169,733 69.77% 404-City Attorney 206,000 206,000 161,061 78.19%
410-Non-Departmental 1,354,269 1,501,199 1,225,837 81.66% 420-Finance 249,645 298,033 210,014 70.47%
501-Police and Fire 2,860,557 3,259,930 2,423,898 74.35% 510-Library 207,266 229,614 228,993 99.73%
511-Recreation 762,225 800,111 485,785 60.71%
550-Street Lights 50,000 73,500 43,823 59.62%
551-Storm Water 240,700 385,700 107,065 27.76%
552-Public Works - Parks 580,700 584,000 408,775 70.00% 556-Public Works - Landscape 187,300 247,950 195,733 78.94% 558-Public Works - General 895,996 1,091,495 811,469 74.34% 565-Planning (Comm Dev) 776,599 976,415 509,039 52.13%
Transfer to CIP Fund 92 1,005,000 6,753,331 1,934,975 28.65% Total All Departments 10,117,712 17,266,040 9,341,630 54.10% Table 4: General Fund Expenditures by Department
The City Attorney Department experienced a small budget overage due to expenditures related beyond the retainer amount. Attorney fees are expected to be within budget by the end of the fiscal year.

The Non-Departmental budgetary unit includes one-time annual payments during the first two quarters of the fiscal year. Those annual payments include: Property and liability insurance, Worker’s Compensation Insurance, CalPERS Unfunded Accrued Liability (UAL), support for community organizations and support for the Buellton Senior Center. Other significant expenditures in NonDepartmental include monthly payment for contract services with the Buellton Visitors Bureau. The NonDepartmental budgetary unit is expected to be within budget at year-end.

The City of Buellton contracts with the City of Goleta for library services. The annual cost of providing library services is paid as a lump-sum in July causing the Library Department to nearly meet its budget at the end of the Third Quarter. The Library Department is expected to remain within budget at the end of the fiscal year.

The overage in Public Works-Landscape is mostly due to the irrigation maintenance at 202 Dairyland Road (Willemsen House) and tree pruning at the new library site.

Major Expenditure Variances
Table 5 and Figure 1 show General Fund operating costs and minor capital expenditures summarized by type. With 75 percent of the fiscal year completed, one of the Expenditures By Type categories exceeds budget projections.

Expenditures By Type
Original
Budget
Current
Budget YTD Actual
% of Total
Expenditures % Expended
Staffing 2,493,157 2,624,024 1,833,300 19.6% 69.87%
Contract Services 4,673,563 5,194,384 3,845,991 41.2% 74.04% Telecomm and Utilities 364,929 421,037 320,108 3.4% 76.03% Supplies and Materials 28,771 31,525 26,204 0.3% 83.12% Repair and Maintenance 348,485 501,785 317,333 3.4% 63.24% Transfer to Other Funds 1,035,535 6,781,797 1,933,025 20.7% 28.50% Other Operating Costs 1,114,976 1,556,542 988,451 10.6% 63.50% Minor Capital 58,296 154,946 77,218 0.8% 49.84%
Total by Type 10,117,712 17,266,040 9,341,630 100.0% 54.10% Table 5: Expenditure Categories
Figure 1
The top three spending categories are: Contract Services, Staffing, and Transfer to Other Funds. Contract Services include services for Police, Fire Department, Legal Services, Engineering, Landscaping Services, Visitor’s Bureau and other services. Contract Services accounts for 41.2 percent of General Fund expenditures. Staffing includes salary and benefits and accounts for 19.6 percent of General Fund expenditures. The Transfers to Other Funds category represents 20.7 percent of expenditures. In this category, expenditures for capital projects are recorded. The City has expended 28.50 percent of the total General Fund capital improvement projects budget.

The overage in the Supplies and Materials category is primarily due to a few key expenditures that occurred earlier in the fiscal year. Specifically, the agency spent $1,945 on litter pickup bags and also Staffing, 19.6%
Contract Services,

41.2% Telecomm and
Utilities, 3.4%
Supplies and
Materials, 0.3%
Repair and
Maintenance, 3.4%
Transfer to Other
Funds, 20.7%
Other Operating
Costs, 10.6%
Minor Capital, 0.8%
Expeditures By Type

restocked essential office supplies, including $1,230 on envelopes and City letterheads. These purchases, while contributing to the current overage, are necessary one-time or infrequent expenses that typically occur at the beginning of the year. As these costs were anticipated and budgeted for, we expect this overage to even out as the fiscal year progresses, with fewer material purchases required in the coming months.

General Fund Trend
Figure 2 illustrates the Quarterly General Fund Revenue versus Expenditure Trend. As illustrated in the figure, revenue cash flows tend to lag a couple of quarters and usually exceed expenditures by the end of the fiscal year. Over the last few years, both revenue and expenditures have been increasing at a consistent pace.

Figure 2
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
FY 20-21 Q1FY 20-21 Q2FY 20-21 Q3FY 20-21 Q4FY 21-22 Q1FY 21-22 Q2FY 21-22 Q3FY 21-22 Q4FY 22-23 Q1FY 22-23 Q2FY 22-23 Q3FY 22-23 Q4FY 23-24 Q1FY 23-24 Q2FY 23-24 Q3FY 23-24 Q4FY 24-25 Q1FY 24-25 Q2FY 24-25 Q3 Quarterly Revenue vs. Expenditures
Revenue Expenditures

ENTERPRISE FUNDS
The Enterprise Fund Balance and Statement of Net Position for the Third Quarter of Fiscal Year 2024-25 are shown below.

Fund Balance Summary
Enterprise Fund Balance Wastewater
Wastewater
Capital Water Water Capital
Beginning Fund Balance $ 2,649,829 $ 404,126 $ 9,767,833 $ 228,295 Operating Revenue & Transfers 959,057 268,300 2,183,225 223,293 Operating Expenses & Transfers (1,342,233) (16,458) (2,013,123) (126,863) Profit(Loss) $ (383,175) $ 251,842 $ 170,101 $ 96,430
Ending Fund Balance $ 2,266,654 $ 655,968 $ 9,937,935 $ 324,726 Table 6 Note: Operating expenses exclude depreciation and include transfers for CIPs.

Table 6 illustrates the ending Fund Balance of each Enterprise Fund. The change in Fund Balance is attributed to the excess or deficit of revenue over expenses. Table 7 is the Statement of Net Position, illustrating total assets minus total liabilities for the period.

Statement of Net Position Wastewater
Wastewater
Capital
Wastewater
Funds Total Water Water Capital Water Funds Total
ASSETS
Current assets:

Cash and Investments 2,911,695 (1,807,669) 1,104,025 8,333,209 (2,612,995) 5,720,214 Receivables 154,307 - 154,307 214,083 - 214,083
Inventory - - - 133,377 - 133,377
Prepaid Items - - - 209,547 - 209,547
Total current assets 3,066,001 (1,807,669) 1,258,332 8,890,215 (2,612,995) 6,277,220 Capital assets (net of
accumulated depreciation) 1,152,611 2,463,638 3,616,248 3,831,192 2,937,721 6,768,912 Other assets 400,380 - 400,380 52,945 - 52,945
- -
Total Assets: $ 4,618,992 $ 655,968 $ 5,274,960 $ 12,774,351 $ 324,726 $ 13,099,077 -

LIABILITIES
Current Liabilities 89,316 - 89,316 123,421 - 123,421
Noncurrent Liabilities 2,248,173 - 2,248,173 2,705,668 - 2,705,668 Other Liabilities 14,849 - 14,849 7,328 7,328 - -
Total Liabilities: $ 2,352,338 $ - $ 2,352,338 $ 2,836,417 $ - $ 2,836,417 - -
NET POSITION (Assets - Liabilities) $ 2,266,654 655,968$ $ 2,922,622 $ 9,937,935 $ 324,726 $ 10,262,660 Net Position Breakdown
Net Investment in Capital Assets 1,152,611 1,251,465 2,404,076 3,831,192 1,021,707 4,852,898 Restricted for capital expansion - -
Unrestricted 1,114,043 (595,497) 518,546 6,106,743 (696,981) 5,409,762 Total Net Position $ 2,266,654 $ 655,968 $ 2,922,622 $ 9,937,935 $ 324,726 $ 10,262,660 Table 7

Wastewater and Wastewater Capital Funds
Wastewater and
Wastewater Capital Funds Wastewater
Wastewater
Capital Wastewater Total
Operating Revenues
Charge for Services 928,143 - 928,143
Interest Income 27,423 - 27,423
Connection Fees - 268,300 268,300
Other Revenues 3,492 - 3,492
Total Operating Revenue 959,057 268,300 1,227,358
Operating Expenses
Employee Services 404,614 - 404,614
Operating & Maintenance 876,093 - 876,093
Depreciation* 214,575 112,500 327,075
Minor Capital 54,926 - 54,926
Total Operating Expenses 1,550,208 112,500 1,607,781
Operating Profit(Loss) (591,150) 155,800 (435,350)
Transfers In (Out)
Transfers from Reserves - - -
Transfers In - CIP - - -
Transfers Out - CIP** (6,600) (16,458) (23,058)
Total Revenue 959,057 268,300 1,227,358
Total Expenditures 1,556,808 128,958 1,685,766
Net Profit (Loss) (597,750) 139,342 (458,408)
*Depreciation is estimated.
** For information purposes only, capitalized at the end of the fiscal year.

Table 8
Revenue and Expenses
Table 8 summarizes Revenue and Expenditures for the Wastewater and Wastewater Capital Funds. On the Financial Statements, both funds are combined as one fund. The Wastewater Capital Fund is structured to record capital contributions and is used to record capital improvements that enhance capacity. The change in Fund Balance is due to planned operating and CIP expenditures exceeding estimated revenue from charges for wastewater service and connection fee revenue and offset by any existing Fund Balance. The Wastewater Funds ended the Third Quarter with approximately $1.10 Million in cash combined (Table 7) and combined Fund Balance of approximately $2.92 Million.

Table 9 illustrates the Wastewater Fund budget to actuals. Wastewater Fund operating expenditures have exceeded operating revenues by $591,150 at the end of the Third Quarter (excludes Capital Improvement expenses). In accordance with Generally Accepted Accounting Principles (GAAP), capital expenditures are not recorded as expenditures; rather, depreciation expense is recorded over each

asset’s useful life. The amount spent on capital projects are capitalized and shown on the Balance Sheet at the end of the fiscal year.

Budget projections for wastewater services slightly exceeded expectations and in line to meet budget projections. Interest revenue exceeds budget projections at 91.41 percent primarily from interest received from the Local Agency Investment Fund (LAIF) through March 31, 2025. Overall total Wastewater operating revenues are at 77.18 percent of budget projections.

Wastewater operating expenditures have reached 80.79 percent of the budget. Operating and Maintenance category is nearing 95% of the budget primarily due to the cleaning and inspection of about 32,000 feet of the existing sewer main line. Additionally, repairs were necessary for the backwash piping at Hwy 246 Well 9.

The Wastewater Fund utilizes reserves to fund Capital Improvement projects (CIPs). The budgeted transfer out for CIPs for FY 2024-25 is $565,000. Table 10 illustrates the Wastewater Capital budget to actuals. The transfers out for CIP are displayed for informational purposes to illustrate cash flows, and will be capitalized at the end of the fiscal year.

Wastewater Fund 005 Original
Budget
Current
Budget YTD Actuals Percent of Budget
Operating Revenues
Charge for Services 1,212,650 1,212,650 928,143 76.54%
Interest Income 25,000 30,000 27,423 91.41%
Other Revenues - - 3,492 0.00%
Total Operating Revenue 1,237,650 1,242,650 959,057 77.18% Operating Expenses
Employee Services 561,193 574,772 404,614 70.40%
Operating & Maintenance 895,024 923,008 876,093 94.92%
Depreciation* 286,100 286,100 214,575 75.00%
Minor Capital 78,000 135,000 54,926 40.69%
Total Operating Expenses 1,820,317 1,918,880 1,550,208 80.79% Operating Profit(Loss) (582,667) (676,230) (591,150)
Transfers In (Out)
Transfers In- Reserves for
Operating - - 0 #DIV/0!
Transfers In - Reserves
for CIP 1,147,667 1,241,230 0 0.00%
Transfers Out - CIP** (565,000) (565,000) (6,600) 1.17% Total Revenue 2,385,317 2,483,880 959,057 38.61%
Total Expenditures (2,385,317) (2,483,880) (1,556,808) 62.68% Net Profit (Loss) - - (597,750)
*Depreciation is estimated. Capital Expenditures are capitalized at the end of the fiscal year. ** For information purposes only, capitalized at the end of the fiscal year.

Table 9
Wastewater Capital 006 Original Budget Current Budget YTD Actuals Percent Revenues
Connection Fees - - 268,300 0.00%
Interest Income - - - 0.00%
Transfers from Reserves - - - 0.00%
Transfer In from other Funds 315,000 315,000 - 0.00%
Total Revenue 315,000 315,000 268,300 85.17%
Expenses
Depreciation 15,000 15,000 11,250 75.00%
Transfer to CIP Projects 300,000 300,000 16,458 5.49%
Total Expenses 315,000 315,000 27,708 8.80%
Table 10

Water and Water Capital Funds
Water and Water Capital
Funds Water
Water
Capital Water Total
Operating Revenues
Charge for Services 2,060,726 - 2,060,726
Interest Income 118,968 - 118,968
Connection Fees - 223,293 223,293
Other Revenues 3,532 - 3,532
Total Operating Revenue 2,183,225 223,293 2,406,518
Operating Expenses
Employee Services 273,511 - 273,511
Operating & Maintenance 1,434,366 - 1,434,366
Depreciation* 150,000 56,250 206,250
Minor Capital 54,926 - 54,926
Total Operating Expenses 1,912,803 56,250 1,914,127
Operating Profit(Loss) 270,422 167,043 437,465
Transfers In (Out)
Transfers from Reserves - - -
Transfers In - CIP - - -
Transfers Out - CIP** (250,320) (126,863) (377,183)
Total Revenue 2,183,225 223,293 2,406,518
Total Expenditures 2,163,123 183,113 2,291,310
Net Profit (Loss) 20,102 40,180 60,282
*Depreciation is estimated. Capital Expenditures recorded here and depreciated annually. ** For information purposes only, capitalized at the end of the fiscal year.

Table 11
Revenue and Expenses
Table 11 summarizes Revenue and Expenditures for the Water and Water Capital Funds. On the Financial Statements, both funds are combined as one fund. The Water Capital Fund is structured to record capital contributions and is used to record capital improvements that enhance capacity. The change in Fund Balance is due to planned operating and CIP expenditures exceeding estimated revenue from charges for Water service and connection fee revenue and offset by any existing Fund Balance. The Water Funds ended the Third Quarter with approximately $5.72 Million in cash combined (Table 7) and combined Fund Balance of approximately $9.93 Million.

Table 12 illustrates the Water Fund budget to actuals. Water Fund operating revenues have exceeded operating expenditures by $270,422 at the end of the Third Quarter (excludes Capital Improvement

expenses). In accordance with Generally Accepted Accounting Principles (GAAP), capital expenditures are not recorded as expenditures; rather, depreciation expense is recorded over each asset’s useful life.

The amount spent on capital projects are capitalized and shown on the Balance Sheet at the end of the fiscal year.

At 75 percent of the fiscal year, Charges for Services have exceeded budget projections, reaching 84.23 percent. This is attributed to increased usage of services, as there have been no rate adjustments since 2018. Additionally, the July through December period likely saw higher seasonal demand, further contributing to the higher-than-expected revenue. Interest revenue has also exceeded budget projections reaching 95.17 percent, primarily from interest received from the Local Agency Investment Fund (LAIF) through March 31, 2025. Overall total Water operating revenues are at 84.90 percent of budget projections.

Water operating expenditures are at 74.03 percent of the budget. Overall, Water Fund expense categories were within budget, except for the Operating and Maintenance category. Operating and maintenance expenditures have reached 78.36 percent of the budget. This significant increase is primarily due to the extensive repairs needed for the Well 7 pump system. The maintenance and replacement of critical components in the pump system have driven costs higher than initially anticipated. These repairs were essential to ensure the continued efficient operation of the water supply infrastructure. The Water Fund utilizes reserves to fund Capital Improvement projects (CIPs). The budgeted transfer out for CIPs for FY 2024-25 is $674,123. Table 13 illustrates the Water Capital budget to actuals. The transfers out for CIP are displayed for informational purposes to illustrate cash flows, and will be capitalized at the end of the fiscal year.

Water Fund 020 Original
Budget
Current
Budget YTD Actuals Percent of Budget
Operating Revenues
Charge for Services 2,446,670 2,446,670 2,060,726 84.23% Interest Income 51,000 125,000 118,968 95.17%
Other Revenues - - 3,532 0.00%
Total Operating Revenue 2,497,670 2,571,670 2,183,225 84.90% Operating Expenses
Employee Services 381,012 480,473 273,511 56.93%
Operating & Maintenance 1,771,471 1,830,494 1,434,366 78.36% Depreciation* 200,000 200,000 150,000 75.00%
Minor Capital 18,000 73,000 54,926 75.24%
Total Operating Expenses 2,370,483 2,583,967 1,912,803 74.03% Operating Profit(Loss) 127,187 (12,297) 270,422
Transfers In (Out)
Transfers In- Reserves for
Operating - - - 0%
Transfers In - for CIP 207,813 686,420 - 0%
Transfers Out - CIP** (335,000) (674,123) (250,320) 37% Total Revenue 2,705,483 3,258,090 2,183,225 67%
Total Expenditures (2,705,483) (3,258,090) (2,163,123) 66% Net Profit (Loss) - - 20,102
*Depreciation is estimated. Capital Expenditures recorded here and depreciated annually. ** For information purposes only, capitalized at the end of the fiscal year.

Table 12
Water Capital 021 Original Budget Current Budget YTD Actuals Percent Revenues
Connection Fees - - 223,293 0%
Interest Income - - - 0%
Transfers from Reserves - - - 0%
Transfer In from Fund 020 285,000 425,000 - 0%
Total Revenue 285,000 425,000 223,293 53%
Expenses
Depreciation 35,000 75,000 56,250 75%
Transfer to CIP Projects 250,000 350,000 126,863 36%
Total Expenses 285,000 425,000 183,113 43%
Table 13

Percent
Used
-676,932.13 9.79%
-4,820,305.74 28.62%
-919,405.28 6.55%
-526,941.52 4.19%
-221,939.89 62.96%
-407,707.52 39.67%
-7,573,232.08 26.56%
40,000.00 0.00%
40,000.00 0.00%
-30,000.00 0.00%
425,000.00 0.00%
395,000.00 7.06%
74,500.00 0.00%
75,000.00 0.00%
700,000.00 0.00%
849,500.00 0.00%
40,000.00 0.00%
40,000.00 0.00%
80,000.00 0.00%
80,000.00 0.00%
25,260.69 66.32%
94,515.00 5.49%
1,200,000.00 0.00%
1,319,775.69 4.02%

092-220-74100 Construction/Improvements 0.00 1,200,000.00 0.00 Department: 220 - Willemsen Parking Lot Total: 0.00 1,375,000.00 55,224.31 Department: 220 - Willemsen Parking Lot
092-220-70005 Design and Permitting 0.00 75,000.00 49,739.31 092-220-71500 Project Management and Inspection 0.00 100,000.00 5,485.00 Department: 217 - River View Park Basketball Court Resurfacing 092-217-74100 Construction and Improvement 0.00 80,000.00 0.00 Department: 217 - River View Park Basketball Court Resurfacing Total: 0.00 80,000.00 0.00 Department: 214 - City Hall Generator/Electrical Replacement 092-214-74100 Construction and Improvement 0.00 40,000.00 0.00 Department: 214 - City Hall Generator/Electrical Replacement Total: 0.00 40,000.00 0.00 092-212-74100 Construction/Improvement 700,000.00 700,000.00 0.00 Department: 212 - The Avenue Median 3 Improvement Total: 850,000.00 850,000.00 500.00 Department: 212 - The Avenue Median 3 Improvement
092-212-70005 Design/Permitting 75,000.00 75,000.00 500.00 092-212-71500 Project Management/Inspection 75,000.00 75,000.00 0.00 092-207-70005 Design/Permitting 75,000.00 425,000.00 0.00 Department: 207 - Santa Ynez River Trail Total: 75,000.00 425,000.00 30,000.00 Department: 102 - Storm Drain Outfall Repairs and Re-Establishment Total: 40,000.00 40,000.00 0.00 Department: 207 - Santa Ynez River Trail
092-207-70000 Conceptual Plan and Feasibility 0.00 0.00 30,000.00 Revenue Total: 2,315,000.00 10,312,465.00 2,739,232.92
Expense
Department: 102 - Storm Drain Outfall Repairs and Re-Establishment 092-102-71500 Project Management/Inspection 40,000.00 40,000.00 0.00 092-49732 Transfer from Water Fund 300,000.00 599,123.00 377,183.11 092-49734 Transfer from ARPA Fund 0.00 675,743.00 268,035.48 092-49728 Transfer from Measure A 360,000.00 983,852.00 64,446.72 092-49729 Transfer from Sewer Fund 550,000.00 550,000.00 23,058.48 Fund: 092 - Capital Improvement Proj Fund
Revenue
092-49726 Transfer from Gas Tax Fund 100,000.00 750,416.00 73,483.87 092-49727 Transfer from General Fund 1,005,000.00 6,753,331.00 1,933,025.26 Capital Improvement Budget Quarterly Report
City of Buellton, CA Account Summary
For Fiscal: 2024-2025 Period Ending: 3/31/2025
Variance
Favorable
(Unfavorable)
Original
Total Budget
Current
Total Budget
Fiscal
Activity
Status: On-going.

Status: Contract executed with State.

Status: Planning intern working on concepts. Waiting on Council direction.

Status: Pursuing Grant funding with CalOES.

Status: Not started.

Status: Bid Opening March 13, 2025, Council awarded contract on 4/24/25.

Percent
Used
31,414.25 15.33%
60,078.00 19.90%
404,142.45 79.67%
495,634.70 76.39%
-10,000.00 0.00%
-88,017.49 49.67%
-98,017.49 46.98%
284,490.93 6.80%
182,542.50 6.39%
925,037.39 14.19%
1,392,070.82 11.80%
50,000.00 0.00%
50,000.00 0.00%
5,668.45 85.74%
100,000.00 0.00%
75,000.00 0.00%
200,000.00 0.00%
380,668.45 8.22%
40,895.00 48.88%
80,000.00 0.07%
640,000.00 5.45%
760,895.00 9.25%
Department: 223 - SYVCO CDBG
092-223-71500 Project Management and Inspection 0.00 10,000.00 0.00 092-223-74100 Construction/Improvements 0.00 174,885.00 86,867.51 Department: 223- SYVCO CDBG Total: 0.00 184,885.00 86,867.51 Variance
Favorable
(Unfavorable)
Original
Total Budget
Current
Total Budget
Fiscal
Activity
Department: 322 - Road Maintenance (2023-24) Total: 0.00 800,000.00 74,024.00

092-322-71500 Project Management & Inspection 0.00 80,000.00 55.00 092-322-74100 Construction and Improvement 0.00 640,000.00 34,864.00 Department: 309 - West Highway 246 Safety Improvements Total: 0.00 414,752.00 34,083.55 Department: 322 - Road Maintenance (2023-24)
092-322-70005 Design and Permitting 0.00 80,000.00 39,105.00 092-309-71500 Project Management and Inspection 0.00 75,000.00 0.00 092-309-74100 Construction and Improvements 0.00 200,000.00 0.00 Budget Report For Fiscal: 2024-2025 Period Ending: 3/31/2025 Department: 309 - West Highway 246 Safety Improvements
092-309-70000 Conceptual Plan and Feasibility 0.00 39,752.00 34,083.55 092-309-70005 Design and Permitting 0.00 100,000.00 0.00 Department: 308 - No. Ave of the Flags Park and Ride
092-308-70005 Design and Permitting 0.00 50,000.00 0.00 Department: 308 - No. Ave of the Flags Park and Ride Total: 0.00 50,000.00 0.00 092-307-74100 Construction and Improvements 0.00 1,078,038.00 153,000.61 Department: 307 - McMurray Road Widening/TS (13/14) Total: 0.00 1,578,294.00 186,223.18 Department: 307 - McMurray Road Widening/TS (13/14)
092-307-71200 Right of Way Acquistion 0.00 305,256.00 20,765.07 092-307-71500 Project Management and Inspections 0.00 195,000.00 12,457.50 092-221-74100 Construction/Improvements 0.00 1,987,568.00 1,583,425.55 Department: 221 - Willemsen House Renovation Total: 0.00 2,099,668.00 1,604,033.30 Department: 221 - Willemsen House Renovation
092-221-70005 Design and Permitting 0.00 37,100.00 5,685.75 092-221-71500 Project Management and Inspections 0.00 75,000.00 14,922.00 Status: Construction complete. Substantial Completion February 7, 2025. Certificate of Occupancy received on April 21st.

Status: Construction completed and Council approved NOC on 12/12/24.

Status: TCE obtained. Construction to commence March 2025.

Status: Not started.

Status: In conceptual plan/feasibility with consultant.

Status: In design.

Percent
Used
75,000.00 0.00%
75,000.00 0.00%
350,000.00 0.00%
500,000.00 0.00%
50,000.00 0.00%
50,000.00 0.00%
107,699.00 28.20%
107,699.00 28.20%
100,000.00 0.00%
100,000.00 0.00%
50,000.00 0.00%
50,000.00 0.00%
15,438.04 84.56%
15,438.04 84.56%
68,963.80 21.96%
287,546.57 63.44%
356,510.37 59.25%

092-613-74100 Construction/Improvements 0.00 786,493.00 498,946.43 Department: 613 - Res No2 Reroof Total: 0.00 874,866.00 518,355.63 Department: 610 - Water Distribution System Improvements Total: 100,000.00 100,000.00 84,561.96 Department: 613 - Res No2 Reroof
092-613-71500 Project Management and Inspections 0.00 88,373.00 19,409.20 Department: 609 - Supplemental Well/WTP Feasibility Total: 50,000.00 50,000.00 0.00 Department: 610 - Water Distribution System Improvements 092-610-74100 Construction and Improvements 100,000.00 100,000.00 84,561.96 Department: 605 - WTP Backwash Reclamation Improvement Project Total: 0.00 100,000.00 0.00 Department: 609 - Supplemental Well/WTP Feasibility
092-609-70000 Conceptual Plan and Feasibility 50,000.00 50,000.00 0.00 Department: 603 - WTP Facilities Improvement (13/14) Total: 150,000.00 150,000.00 42,301.00 Department: 605 - WTP Backwash Reclamation Improvement Project 092-605-74100 Construction and Improvements 0.00 100,000.00 0.00 Department: 401 - River View Park Misc. Improvements Total: 0.00 50,000.00 0.00 Department: 603 - WTP Facilities Improvement (13/14)
092-603-74100 Construction and Improvements 150,000.00 150,000.00 42,301.00 Department: 323 - Road Maintenance (2024-25) Total: 500,000.00 500,000.00 0.00 Department: 401 - River View Park Misc. Improvements
092-401-74100 Construction and Improvements 0.00 50,000.00 0.00 092-323-71500 Project Management and Inspection 75,000.00 75,000.00 0.00 092-323-74100 Construction and Improvements 350,000.00 350,000.00 0.00 Department: 323 - Road Maintenance (2024-25)
092-323-70005 Design and Permitting 75,000.00 75,000.00 0.00 Budget Report For Fiscal: 2024-2025 Period Ending: 3/31/2025 Variance
Favorable
(Unfavorable)
Original
Total Budget
Current
Total Budget
Fiscal
Activity
Status: Not started.

Status: On-going.

Status: On-going.

Status: On-going.

Status: On-going.

Status: Project completed. NOC to Council on 10/10/24.

Status: In design.

Percent
Used
50,000.00 0.00%
193,400.00 3.30%
243,400.00 2.64%
283,541.52 5.49%
283,541.52 5.49%
7,388,347.08 27.05%

0.00 0.00%
FY 24/25 YTD FY 24/25 YTD 3/31/2025
Expenditures CIP Funding
Est. Ending Fund
Balance
$ 7,408,604.73 $ 1,933,025.26 $ 13,921,736.17
1,335,632.70 $ 6,600.00 $ 2,266,654.04
- 16,458.48 $ 655,968.30
1,762,803.20 250,320.15 $ 9,937,934.50
- 126,862.96 $ 324,725.50
88,359.14 73,483.87 $ 800,897.51
- 64,446.72 $ 1,021,857.84
- 268,035.48 $ 33,455.43
Totals: $ 10,595,399.77 $ 2,739,232.92 $ 28,963,229.29
Fund Balance Analysis - Capital Improvement Project Funding Sources FY 2024-25

$ 12,264,964.71
7/1/2024
$ 15,404,139.26
$ 2,649,829.43
$ 404,126.38
$ 9,767,833.01
$ 228,295.46
$ 738,859.92
$ 806,358.38
$ 33,455.43
$ 30,032,897.27
Est. Beginning
Fund Balance
Fund
001 - General Fund
005 - Wastewater
006 - Wastewater Capital
020 - Water
021 - Water Capital
025 - Gas Tax
FY 24/25 YTD
Revenue
$ 7,859,226.90
$ 959,057.31
$ 268,300.40
$ 2,183,224.84
$ 223,293.00
$ 223,880.60
$ 279,946.18
$ 268,035.48
031- Measure A
032- ARPA
Budget Report For Fiscal: 2024-2025 Period Ending: 3/31/2025 Variance
Favorable
(Unfavorable)
Original
Total Budget
Current
Total Budget
Fiscal
Activity
Department: 706 - WWTP Facilities Improvement Total: 300,000.00 300,000.00 16,458.48 Expense Total: 2,315,000.00 10,127,580.00 2,739,232.92
Fund: 092 - Capital Improvement Proj Fund Surplus (Deficit): 0.00 0.00 0.00 Department: 704 - Sewer Line Replacement Total: 250,000.00 250,000.00 6,600.00 Department: 706 - WWTP Facilities Improvement
092-706-74100 Construction and Improvements 300,000.00 300,000.00 16,458.48 Department: 704 - Sewer Line Replacement
092-704-71500 Project Management and Inspections 50,000.00 50,000.00 0.00 092-704-74100 Construction and Improvements 200,000.00 200,000.00 6,600.00 Status: On-going.

Status: On-going.

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: Rose Hess, Public Works Director
Meeting Date: May 8, 2025

Subject: Resolution No. 25-15 - “A Resolution of the City Council of the City of Buellton, California, Adopting the Fiscal Year 2025/2026 List of Projects Funded by SB1: The Road Repair and Accountability Act of 2017”
______________________________________________________________________________

BACKGROUND
In April 2017, the Governor signed Senate Bill 1 (SB1), also known as the Road Repair and Accountability Act (RRAA) of 2017. Beginning November 1, 2017, the State Controller began depositing funds generated from increased fuel taxes and vehicle registration fees into the newly created Road Maintenance and Rehabilitation Account (RMRA). The four sources of revenues for the RMRA are:
• A 12-cent per gallon gasoline excise tax, effective November 1, 2017 • A 20-cent per gallon diesel excise tax increase, effective November 1, 2017 • Vehicle registration surcharge, effective January 1, 2018 • A $100 per year zero-emission vehicle registration surcharge, effective January 1, 2020
A portion of the RMRA funds will be distributed annually to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on local streets and road systems. The distribution will be made using the same formula that applies to the existing base 18-cent per gallon gasoline excise tax. The City’s annual allocation estimate for FY 2025/26 is $134,962.

SB1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. As outlined in the RRAA Reporting Guidelines, recipients of the RMRA funding are held accountable through performance goals that are tracked and reported. In order to be considered for funding in Fiscal Year 2025/26, agencies must provide a proposed list of projects to the California Transportation Committee by July 1, 2025. Exhibit A to Resolution 25-15 is the list of streets included in the 2025/26 Road Maintenance Expenditures. This will enable the RMRA funds to be included in the City’s annual road maintenance budget.

In addition to an approved project list, the guidelines state all projects proposed to receive funding shall be included in the agencies’ adopted budgets. The FY 2025/26 Road Maintenance Project has already been identified as CIP # 092-324.

Also, this bill includes a “Maintenance of Effort” (MOE) requirement for local funds contributed to street and road repairs to help ensure that the new funding augments existing budgets for road repairs. Specifically it requires each city to spend no less than the annual average from its general fund during FY 2010 through FY 2012. The estimated MOE for the City of Buellton (posted on August 7, 2017) is $98,220.

FISCAL IMPACT
Estimated FY 2025/26 annual revenue anticipated from SB1 is approximately $134,962.

This amount will be included in the Revenues for FY 2025/26 These monies will augment the General Fund, Gas Tax and Measure A funds for the City’s road maintenance projects.

RECOMMENDATION
That the City Council consider adoption of Resolution No. 25-15 – “A Resolution of the City Council of the City of Buellton, California, Adopting the Fiscal Year 2025/2026 List of Projects Funded by SB1: The Road Repair and Accountability Act of 2017”

ATTACHMENTS
Resolution No. 25-15 (Exhibit A)

RESOLUTION NO. 25-15

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF BUELLTON, CALIFORNIA,
ADOPTING THE FISCAL YEAR 2025/2026 LIST OF
PROJECTS FUNDED BY SB1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Buellton will receive an estimated $134,962 in RMRA funding in Fiscal Year 2025/26 from SB1; and
WHEREAS, this is the seventh year in which the City of Buellton is receiving SB1 funding and will enable the City of Buellton to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City of Buellton has a public process to ensure public input into our community’s transportation project list though our public City Council meeting; and WHEREAS, the City of Buellton regularly and routinely reviews its pavement management plan to ensure that all areas of the community’s transportation system are addressed.

From this the SB1 project list ensures revenues are being used on high-priority and cost effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City of Buellton maintain and rehabilitate its streets/roads and active transportation infrastructure throughout the City this year and into the future; and

WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the streets and roads within Santa Barbara County are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will help bring our streets and roads into a “good-excellent” condition; and WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting edge technology, materials and practices, will have significant positive benefits statewide.

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.

SECTION 2. The biennial budget for fiscal years 2025/26-2026/27 shall include $134,962 of SB1 monies under the Schedule of Revenues for FY 2025/26.

SECTION 3. The City of Buellton does hereby adopt the attached list of streets that will be included in the FY 2025/26 expenditures for Road Maintenance Projects (Exhibit “A”) to be funded in part with SB1/Road Maintenance and Rehabilitation Account revenues.

SECTION 4. The City of Buellton certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with the Maintenance of Effort requirements for SB1.

SECTION 5. The City of Buellton has complied with all other applicable provisions and requirements of SB1.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 8th day of May, 2025. ________________________________
David Silva
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk
Exhibit “A” – Buellton List of Roads to be Included in the FY 2025/26 Road Maintenance and Rehabilitation Account Project List

FY 2025-26 ROAD MAINTENANCE PROJECT CIP # 092-324
Road maintenance activities to include crack sealing, localized ac removals and replacement and type II slurry seal with black rock, pavement rehabilitation, pavement markings and striping and appurtenant repairs such as curb and gutter and sidewalk repairs.

Estimated Schedule – Design – Winter 2025-26, Construction Spring/Summer 2026 Estimated Useful Life = 15 years
STREETS INCLUDED:
• Freear Drive
• Gay Drive
• Dania Ave
• Kendale Road
• Gennora Way
• Scandia Way
• Scandia Drive
• Odense Street
• Kendall Place
• Thumbelina Drive
• Elisa Court
• Quail Run Road
• Dove Canyon Road
• Pheasant Canyon Court
• Hawk Canyon Court
• Deer Canyon Road
• Ballard Canyon Road
2025/26 Road Maintenance

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/City Engineer
Meeting Date: May 8, 2025
Subject: Acceptance of the New Library/Meeting Rooms (202 Dairyland Renovation) Project
______________________________________________________________________________

BACKGROUND
At the December 14, 2023 Council Meeting, the City Council awarded the construction contract to Quincon, Inc. in the total amount of $2,528,441.00, including contingencies for the renovation of 202 Dairyland to the City’s new library and meeting rooms. Work commenced mid-January 2024 and had resulted in many delays and change orders due to rain, lead time on materials and many required modifications to structural, electrical and mechanical items once substructures were exposed. With the various approved change orders, there is a net $99,525 additional budget adjustment required to close out the project. The final construction contract is $2,627,966.

The library was substantially complete and provided a temporary Certificate of Occupancy on February 7, 2025. Punch-list items and all Title 24 paperwork has been submitted, reviewed and approved and the final Certificate of Occupancy was released on April 21, 2025.

FISCAL IMPACT
The final construction cost of the project, including change orders, is $2,627,966.

Funding for the construction of the project was allocated from General Fund, CIP 92- 221-74100. The previously amended budget for this was 2,528,441. An additional $99,525 will be required to be added to fund the final contract amount of $2,627,966.

RECOMMENDATION
That the City Council accept the New Library/Meeting Rooms (202 Dairyland Renovation) Project and instruct the City Engineer to file the attached Notice of Completion and approve a budget amendment of an additional $99,525 to CIP 92-221- 74100 for a final total contract amount of $2,627,966.

ATTACHMENTS
Attachment 1 - Notice of Completion

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is the owner or corporate officer of the interest or estate hereinafter described:

2. The full name of the owner is: City of Buellton

3. The full address of the owner is: 107 West Highway 246 P.O. Box 1819
Buellton, California 93427

4. The nature of the interest or estate of the owner is “in fee”

5. All work of improvements on the project hereinafter was substantially completed on February 7, 2025. The work done included the renovation of 202 Dairyland Road from a single family residence to the City’s public library and meeting rooms. All improvements were within the City of Buellton’s city limits.

6. The name of the contractor for such work of improvement was Quincon, Inc.

7. The property on which said work of improvement was completed is 202 Dairyland Road, City of Buellton, County of Santa Barbara, State of California.

Dated: _________________________________
Linda Reid, City Clerk

VERIFICATION
I, the undersigned, declare that I am the City Engineer of the declarant of the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on May 8, 2025 at Buellton, California.
__________________________________________
Rose M. Hess, Public Works Director/City Engineer

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6

To: The Honorable Mayor and City Council
From: Cara Miralles, Associate Planner
Meeting Date: May 8, 2025
Subject: 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” (Second 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” (Second Reading)
______________________________________________________________________________

BACKGROUND
The City Council introduced and held the first reading of Ordinance Nos. 25-02 and 25- 03 on April 24, 2025. Attached Ordinance Nos. 25-02 and 25-03 are now ready for adoption.

As noted on April 24, 2025 amendments to the Zoning Ordinance (Title 19 of the Buellton Municipal Code) in Ordinance No. 25-02 are being made to do the following: 1) implement adopted 2023 Housing Element programs which call for compliance with State legislation in the City’s Municipal Code, 2) codify language adopted by Urgency Ordinance No. 24- 03 regarding emergency shelters, and 3) clean up housing-related provisions in the Zoning Ordinance. Amendments to the Avenue of Flags Specific Plan in Ordinance No. 25-03 are being made for consistency with the Zoning Ordinance Amendments and to make permanent a 2022 Planning Director interpretation on ground floor residential uses and parking standards in the Avenue of Flags Specific Plan.

RECOMMENDATION
Staff recommends that the City Council adopt 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 further reading.

Staff recommends that the City Council adopt 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 further reading.

ATTACHMENTS
City Council Ordinance No. 25-02
City Council Ordinance No. 25-03 (Exhibit A – Amendment to AOF Specific Plan)

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”).

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 Zoning Ordinance Amendment dated May 8, 2025 and 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:

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.

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

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

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.

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.

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

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

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

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

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

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

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.

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

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.

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

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.

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

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

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

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

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.

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:

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.

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.

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

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,

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.

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

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,

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,

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

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.

“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.

“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.

“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.

“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.”

“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

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.

“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;

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.

“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.

“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)”.

“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

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

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.

“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

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.

“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

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

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.

“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.

“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.

“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.”

“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.

“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).

“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;

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.”

“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.

“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.

“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.

“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).

“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.

“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

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)

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

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.

“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.

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

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

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.

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.

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

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.

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.

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 8th 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.

a. That certain written report concerning the Specific Plan Amendment dated May 8, 2025 and 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).

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 8th 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.: 9
To: The Honorable Mayor and Council Members
From: Cara Miralles, Associate Planner
Meeting Date: May 8, 2025
Subject: Ordinance No. 25-04 – “An Ordinance of the City Council of the City of Buellton, California, Amending Title 19 (Zoning) of the Buellton Municipal Code in Regards to Accessory Dwelling Units” (Introduction and First Reading)
______________________________________________________________________________

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 Program 2 of the Housing Element, amendments to various sections of Title 19 (Zoning) are proposed in order to update the City’s accessory dwelling unit (ADU) ordinance to comply with current State law. A summary of revisions proposed, as well as a discussion on certain policy direction decisions for the City Council to determine, are included in the Discussion section later on.

Housing Element Program actions that call for ADU zoning ordinance amendments are listed in the table below.

No. Action
Time Frame &
Metrics
Responsible
Agencies

2.a Update the City’s ADU ordinance in
accordance with state law.

By the end of
2023
Planning Department

2.b Monitor state ADU law to ensure the City’s
ordinance is compliant. Amend the City’s
ordinance within 12 months of new laws
becoming effective.

Annually Planning Department

DISCUSSION
Previously known as secondary dwelling units, ADUs are complete independent residences with separate kitchen and, excepting JADUs, bathroom facilities on the same lot as a single-family or multi-family dwelling (the “primary dwelling”). They can be attached to the primary dwelling or detached as a separate stand-alone unit. Junior accessory dwelling units (JADUs) are a type of ADU that are created from the conversion of existing floor space in a single-family dwelling, are not more than 500 square feet, have a separate kitchen, and may share a bathroom with the primary dwelling.

Proposed revisions to the ADU Ordinance, Section 19.06.180 of the Buellton Municipal Code (see Ordinance No. 25-04), consider the following: 1) Compliance with updates in State ADU and JADU law (Government Code Sections 66310 – 66342) to make clarifications in the current ordinance; 2) City response to HCD’s Comment Letter (see Attachment 1) per their review of the City’s current ADU ordinance, revised in 2020 and; 3) Recommendations from the Planning Commission from its March 20, 2025 meeting (see Attachment 2 – Planning Commission Resolution No. 25-06).

Also proposed are revisions to Sections 19.06.080 (Guest Houses, Artist Studios, and Pool House/cabanas), Section 19.16.020 (Accessory Dwelling Units), and Sections 19.18.018 and 19.18.024 of the Mixed Use Regulations. These revisions have been drafted in order to maintain consistency with the proposed ADU ordinance revisions, and are included with Ordinance No. 25-04. In regards to the allowance of guest houses, artist studios, and pool house/cabanas, these uses are not to be allowed if there is an existing or proposed ADU or JADU on the lot. This is proposed in order to mitigate potential illegal conversions of guest houses and the like to be used as dwelling units. Before the current 2020 ADU Ordinance, Section 19.16.020 in the Affordable Housing Ordinance previously contained standards for ADUs. This section was revised to reference the current ADU ordinance, Section

19.06.180 in 2020, but is no longer needed and is proposed to be removed. Revisions proposed for Mixed Use Regulations are discussed below.

Mixed-Use – ADUs in Non-Residential Zones
State ADU law states, “A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use.” (Government Code Section 66314). If a local agency does not create its own ordinance, provisions for ADUs would defer to the most permissible standards in State law.

The City has Mixed Use Regulations in Chapter 19.18 of the Buellton Municipal Code; these regulations do not constitute a mixed-use zone or overlay zone, but provide for allowable mixes of uses in various zoning districts. Multifamily dwellings are allowed within the Neighborhood Commercial (CN) and General Commercial (CR) zones as part of a mixed-use project which adheres to the Mixed Use Regulations, including that commercial be the primary use on site. Due to the allowance of multifamily dwellings, ADUs must be allowed in the CN and CR zone. Proposed language for the ADU ordinance

revision states, “ADUs shall be allowed ministerially, proposed as part of, or on lots with existing permitted mixed-use projects which include multi-family dwellings in the Neighborhood Commercial (CN) and General Commercial (CR) zoning district per Chapter 19.18 of this title, Mixed Use Regulations.” (Proposed Section 19.06.180.D.1.b).

For consistency with the required allowance of ADUs in the CN and CR zones, Staff has proposed revisions to Sections 19.18.018 and 19.18.024 of the Mixed Use Regulations.

These revisions clean up outdated areas of the regulations, including replacing mention and standards of the Avenue of Flags/Highway 246 Urban Design Plan (superseded by the Avenue of Flags Specific Plan) with reference to applicable Specific Plans in general. One revision also clarifies that proposed subsection 19.18.018.D, which currently has the title of “CS (Service Commercial) Zoning District – Outside of Avenue of Flags Urban Design Area”, was always meant to be “CR (General Commercial) Zoning District – Outside of Urban Design Area”. City Council Ordinance 11-07, which was the last update of the mixed-use chapter, had the latter title of CR included, which was the intent stated in the staff report as well. An error seems to have been made when this update was codified, and the title was erroneously changed to CS. The table’s title has been corrected and revised to apply to mixed-use projects in the CR zone outside of specific plans. CS zone standards still remain in proposed subsection 19.18.018.E.

ADUs would not be allowed with the Service Commercial (CS) and Industrial and Manufacturing (M) zones as single-family and multi-family residential uses are not allowed in those zones. Only special housing types with specific definitions, applicability, and restrictions are allowed in the CS and M zones, which as of Zoning Ordinance Amendments which will be on the consent calendar for a second reading on May 8, 2025 by City Council include Agricultural Employee Housing, Caretaker Housing, Dwellings – Mixed Use (Live-Work only in CS and M), Special Needs Housing, and Supportive and Transitional Housing in the CS zone.

Front Setback Allowances
Recent amendments to State ADU law provided that a local agency may not establish a requirement for front setbacks that does not permit at least an 800 square foot ADU with four foot rear and side setbacks to be constructed. Staff is proposing to include language which states, “The minimum front setbacks of the underlying zone shall not preclude the construction of an ADU that is up to 800 square feet in floor area and 16 feet in height if the ADU cannot be feasibly located in the rear or side yard. In all other cases, the minimum front setback of the underlying zoning district shall apply.” (Proposed Section

19.06.180.D.4.b).

Objective Standards
Another recent amendment to State ADU law provided that no objective development or design standards not authorized within Government Code Section 66323 shall be placed on “exempt” ADUs in that same section. Exempt ADUs include JADUs, attached ADUs and detached ADUs 800 square feet and under. In the proposed ADU ordinance revisions,

previous objective design standards for matching material, color, and dominant roof slope of the ADU to the primary dwelling are proposed as recommended for all ADUs, but only required for detached ADUs larger than 800 square feet (see proposed Section

19.06.180.D.6.c & d).

Direction Needed – Size and Height Limits
Proposed Section 19.06.180(D)(2)(a) – The size limit proposed for detached ADUs is 1,200 square feet, as recommended by Planning Commission consensus at its April 3, 2025 meeting, which is the maximum allowed under State law. Alternatively, the City may choose to be more restrictive for detached ADUs and set a size limit down to 850 square feet in floor area for a one-bedroom or less, and 1,000 square feet in floor area for a twobedroom or more; these are the most restrictive size limit that can be applied per State law, except in the scenario below. (Gov. Code, § 66321, subds. (b)(2), (b)(3)).

Proposed Section 19.06.180(D)(3)(a)(iii) – On single-family lots, a detached ADU, attached ADU, and JADU may all be allowed on one lot, or any combination thereof. If combined with an attached ADU and/or JADU, State law allows for a further reduced size limitation for a detached ADU of up to 800 square feet in floor area. Alternately, the City may choose not to limit size further in this instance, which would then allow the detached ADU combined with an attached ADU and/or JADU to be built up to the maximum size specified in subsection (D)(2)(a) above. The Planning Commission recommended not to limit detached ADUs in this scenario and apply the 1,200 square foot size limit (Gov. Code, § 66321, subds. (b)(2), (b)(3)).

Proposed Section 19.06.180(D)(2)(e) – The height limits currently allowed for ADUs and JADUs are the height limits of the underlying zoning district. For example, an ADU in the single-family zone would be limited to the 30 foot height maximum for a lot less than 20,000 square feet, the same as a single-family home on the same lot. On single-family lots more than 20,000 square feet, multi-family, and commercial lots, the height limit is 35 feet.

The Planning Commission has recommended a 25 foot height limit for all ADUs, as this would still allow for second story ADU additions and two-story detached ADUs with a garage on the ground floor, but would not allow ADUs to be built on third stories as a height limit of 30 feet or more would. However, State law allows for more restrictive height limits, if the City so desires. Applicable options for other maximum height limits identified in State law are below:

Government Code Section 66321(b)(4)
(A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

(D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.

Proposed Section 19.06.180(D)(3)(a)(iii) – If the City chooses not to reduce the height limit for detached ADUs, the height limit of a detached ADU when proposed to be combined with an attached ADU and/or JADU with single-family dwellings or when proposed to be combined with attached ADUs with multi-family dwellings may still be reduced to the 16 or 18 foot height limit specified in Government Code subparagraphs (A) or (C) above. The Planning Commission recommended a height limit of 18 feet for all ADUs in this scenario. If the Council chooses not to further limit height in these scenarios, a detached ADU when combined with an attached ADU and/or JADU may be built up to the maximum height limit(s) specified above, which is proposed at 25 feet.

Direction Needed – Fencing Standard
The City’s current ADU ordinance includes a specific design standard for a fence to be in place along the side and rear property lines nearest a proposed ADU. Fences are not required for a proposed primary dwelling elsewhere in Title 19 (Zoning). HCD commented that the fence requirement for ADUs should be removed if it is not a general requirement for residential development. The City however, may wish to add a fence requirement to the general residential development standards, or include in the future planned “Objective Design Standards” for residential development. The Planning Commission did not have a recommendation either way, but did suggest that if the Council desired to put a fence requirement in place, to have an alternative method of compliance such as having a landscaped hedge.

Restricted Areas
The current ADU ordinance includes “restricted areas” where ADUs and JADUs are either not permitted or are required to provide one parking space per ADU/JADU. This restriction was based on the allowance in Government Code Section 66314(a) which states in part that, “A local agency may… designate areas within the jurisdiction … where accessory dwelling units may be permitted. The designation of areas may be based on… the impact of accessory dwelling units on traffic flow and public safety.” The current restricted areas are as follows:
• Restricted Area #1: Properties on Central Avenue & adjacent alleyway o ADUs and JADUs require 1 parking space
• Restricted Area #2: Properties with access from W Hwy 246 solely by private drive aisles or an unimproved or unpaved road, between Riverview Drive and Industrial Way o ADUs and JADUs not permitted
• Restricted Area #3: Village Specific Plan Area
o ADUs and JADUs not permitted

State ADU law prohibits cities from requiring parking for JADUs, attached ADUs, ADUs proposed with new single-family or multi-family dwellings, or where an ADU is located within one-half mile walking distance of public transit (i.e. a bus stop), among other less common scenarios. These limitations effectively prohibit requiring parking on the vast majority of parcels in the city, although a property owner/developer could still choose to provide a parking space (and many do).

In light of this, at the time of the last update, Staff had concerns on the potential for ADU development with no on-site parking provided to impact traffic flow, exacerbate conflicts between pedestrians and vehicles, and potentially cause delays in emergency response to homes in the areas. HCD commented on the restricted areas in their review of the ordinance, stating, “HCD does not accept the provided concerns about traffic flow and parking as grounds suitable to establish restricted areas. Until the City provides detailed analysis on the traffic flow and HCD accepts that analysis, the City may not constrain ADUs in certain designated areas.”
Staff then did conduct a detailed analysis, which included public transit service feasibility, speed surveys, collision history, vehicle line of sight standards, and availability of on-street parking in the restricted areas. The conclusion drawn from the analysis was that despite documented concerns at the time, no adequate evidence could be found to support that the allowance of ADUs in the currently restricted areas, at the rate of development seen over the last decade, would have a significant impact to traffic flow or public safety. Without the necessary justification, HCD would likely maintain their position that the City may not constrain ADUs. Therefore the restricted areas are proposed to be removed from the ordinance.

ENVIRONMENTAL REVIEW
Approval of Ordinance No. 25-04 making amendments to Title 19 (Zoning) regarding accessory dwelling units is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) (“Other Statutory Exemptions”): “(h) The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code”.

RECOMMENDATION
That the City Council conduct a public hearing and introduce Ordinance No. 25-04 – “An Ordinance of the City Council of the City of Buellton, California, Amending Title 19 (Zoning) of the Buellton Municipal Code in Regards to Accessory Dwelling Units” by title only and waive further reading and provide direction for the size, height limits, and fencing standard discussed in the staff report.

ATTACHMENTS
Ordinance No. 25-04
Attachment 1 – HCD ADU Ordinance Review, dated February 17, 2022 Attachment 2 – Planning Commission Resolution No. 25-06

ORDINANCE NO. 25-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, AMENDING TITLE 19
(ZONING) OF THE BUELLTON MUNICIPAL CODE IN

ORDER IN REGARDS TO ACCESSORY DWELLING
UNITS
WHEREAS, on March 26, 2020, the City of Buellton (“City”) adopted City Council Ordinance 20-03 regarding regulations governing the development of Accessory Dwelling Units (“ADU Ordinance”), codified in Section 19.06.180 (Accessory Dwelling Units) of Chapter 19.06 (Specific Use Requirements) of Title 19 (Zoning) of the Buellton Municipal Code ("Municipal Code"); and
WHEREAS, on February 17, 2022, the California Department of Housing and Development (HCD) submitted written findings based on review of the City’s ADU Ordinance, and found that the Ordinance did not comply with State ADU laws in certain respects; and WHEREAS, the California Legislature has amended State ADU law, found in Government Code Sections 66310, et. seq., since the adoption of the City’s ADU Ordinance; and WHEREAS, the City’s General Plan Housing Element calls for updates to the ADU Ordinance in accordance with State ADU law, specifically in Programs 2.a and 2.b; and WHEREAS, adoption of the zoning ordinance amendments as herein set forth in Section 2 are consistent with Government Code Section 66310, et. seq. governing the implementation of local ADU ordinances and are intended to streamline the approval of ADUs and expand the potential capacity for ADUs, recognizing their unique importance in addressing California's housing needs; 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 May 8, 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.
a. That certain written report concerning the Housing Element Amendment dated May 8, 2025 (the “Staff Report”) and all attachments.
b. The recommendations from the Planning Commission as contained in Planning Commission Resolution No. 25-06, adopted April 3, 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 published in a newspaper of general circulation on April 17, 2025 (the “Public Notice”), a minimum of twenty (20) days in advance of the May 8, 2025, Public Hearing.

2. The Public Notice for the Public Hearing was posted in two conspicuous public places on April 24, 2025, a minimum of ten (10) days in advance of the May 8, 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:

1. Zoning Ordinance Amendments.
a. Findings:
i. The Amendments are in the interests of the general community welfare as they promotes housing opportunities for the varying needs of all socioeconomic groups, including the elderly, moderate and lower income households, by helping to provide units at below market prices within existing neighborhoods.
ii. The Amendments are consistent with the General Plan, including General Plan Housing Element Programs 2.a and 2.b, the requirements of state planning and zoning laws, and Title 19 of the Zoning Ordinance. iii. The Amendments are consistent with good zoning and planning practices.

SECTION 2. Amendments. (Note: Double underlining denotes language additions to the Buellton Municipal Code and stricken language is to be removed):

A. Section 19.06.080 of Chapter 19.06 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
§ 19.06.080 Guest houses, artist studios and pool house/cabanas.

Guest houses, artist studios, and pool house/cabanas must conform to criteria set forth in this section.

A. There shall not be more than one guest house or artist studio on any lot.

B. A guest house, artist studio, or pool house/cabana shall not be allowed if there is an existing or proposed accessory dwelling unit or junior accessory dwelling unit on the lot.

BC. The floor area of such guest house, artist studio, or pool house/cabana shall not exceed 800 square feet; however, such structures may be attached to an accessory structure so that the total area of the combined structures exceeds 800 square feet, provided no interior access exists between the guest house, artist studio, or pool house/cabana and the accessory structure.

CD. All guest houses, artist studios or pool house/cabanas shall be limited to one floor.

Such floor may be located over an accessory structure.

DE. There shall be no kitchen or cooking facilities within a guest house, artist studio or pool house/cabana. However, a wet bar may be provided, limited to the following features:

1. The counter area may include a bar sink and an under-counter refrigerator;

2. The counter area may include an overhead cupboard area;

3. The counter area shall be located against a wall or, if removed from the wall, it shall not create a space more than four feet in depth. The counter shall be in one unit. The intent of this provision is to avoid creation of a kitchen;

4. No cooking facilities shall be included in the wet bar area.

EF. Guest houses and pool house/cabanas may contain bathrooms as defined by title.

However, in artist studios, plumbing facilities shall be limited to those required for a wetbar, if provided, and/or a restroom. No bathing facilities shall be permitted in artist studios.

FG. Guest houses, artist studios, or pool house/cabanas must conform to all of the setback regulations set forth in the applicable zone district for dwellings.

GH. A guest house shall be used on a temporary basis only by the occupants of the main dwelling or their non-paying guests or servants and is not to be rented or let out, whether the compensation is paid directly or indirectly in money, goods, wares, merchandise, or services.

Temporary is defined as occupying the premises for no more than 120 days in any 12 month period.

HI. Artist studios and pool house/cabanas shall not be used as temporary sleeping quarters, guest houses, or as a dwelling unit.

IJ. A deed restriction shall be required to be recorded by the property owner prior to issuance of a zoning clearance for any guest house, artist studio or pool house/cabana that identifies the use and locational restrictions pursuant to this section.

K. If a guest house, artist studio, or pool house/cabana is converted to an accessory dwelling unit (ADU), the deed restriction may be removed. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU has received building permits, and that the deed restriction required for the ADU per Section 19.06.180 of this title has been executed by the owner.

JL. A pool house/cabana may be approved in conjunction with a proposed pool, provided that use of the building is simultaneous with completion of the pool.

KM. A home occupation permit shall be required for all artist studios.

B. Section 19.06.180 of Chapter 19.06 of Title 19 of the Buellton Municipal Code is hereby amended to read as follows:
§ 19.06.180 Accessory dwelling units.

A. Purpose and Intent. The purpose of this section is to allow and regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in compliance with California Government Code Sections 66310, et. seq. 65852.2 and 65852.22, incorporated herein by this reference, and any successors or additions thereto. Accessory dwelling units provide housing opportunities for the varying needs of the elderly, low-income and other all socioeconomic groups of the community, including the elderly, moderate-income and lowerincome households. The intent is also to ensure a safe and attractive residential environment by promoting high standards of site development consistent with State ADU law.

B. Definitions. For the purposes of this section and pursuant to Government Code Section 66313, as amended from time to time: The following terms when used in this chapter will have the meanings provided in this section
“Accessory structure” means a structure that is accessory and or incidental to a dwelling located on the same lot as the ADU.
“Accessory dwelling unit” or “ADU” will have the meaning set forth in Government Code Section 65852.2(i)(4), which is: means an attached or a 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 or multi-family dwelling (the “primary dwelling” unit) is or will be situated. An ADU also includes the following: (a) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and (b) a manufactured home, as defined in Health and Safety Code Section 18007.
“Attached ADU” means a newly constructed dwelling unit that structurally abuts (and connects to) an existing or proposed primary dwelling or accessory structure an ADU that is attached to the primary unit.
“Car share vehicle operation” means a subscription or membership service that provides automobile reservations for an additional fee to its members on an hourly and/or daily basis. “Detached ADU” means a newly constructed dwelling unit that is created on a lot with an existing or proposed single-family or multifamily dwelling structure but is detached from the primary dwelling an ADU that is detached from the primary unit. “Efficiency Kitchen” means a kitchen that includes each of the following: (a) a cooking facility with appliances; (b) a food preparation counter(s) or counters that total at least 15 square feet in area; and (c) food storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit total at least 30 square feet of shelf space. “Floor Area” means, for the purpose of this section chapter, habitable space consisting of all interior living spaces including, but not limited to, an entry, hallways, sleeping areas, sanitation, and eating and kitchen facilities.
“Junior ADU” or “JADU” means a unit that: (a) is created by the conversion of existing floor space, which is contained within the existing floor area of a primary dwelling unit; is no more than 500 square feet in size and contained entirely within a single-family residence;, provides a separate entrance from the main entrance to the primary dwelling unit;, and includes

an efficiency kitchen. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.
"Primary dwelling unit" means the existing or proposed single-family residential structure on the legal lot upon which an ADU or JADU is located. “Public transit” means a location including, but not limited to, a bus stop or train station, where the public may access busses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. “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.

C. Rental Term, Occupancy, and Conveyance. Additional Standards. In addition to standards and regulations set forth in subsection A of this section, the following apply:

1. Rental Term. No ADU or Junior ADU may be rented for a term that is shorter than 30 days.

2. JADU Owner Occupancy.
a. All ADUs permitted before January 1, 2020 are subject to the owner occupancy requirement that was in place when the ADU was permitted. b. An ADU that is permitted after that date but before January 1, 2025, is not subject to any owner-occupancy requirement.
c. All ADUs that are permitted on or after January 1, 2025 are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. d. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary principal dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

3. No Separate Conveyance. An ADU or JADU may be rented separately from the primary dwelling, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary principal dwelling (in the case of a Single-Unit Dwelling lot) or from the lot

and all of the dwellings (in the case of a Multi-family Dwelling lot), except as provided in Article 4 of the Government Code (commencing with Section 66340) in the case of an ADU.

4. Deed Restriction. Prior to final inspection for occupancy clearance issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the Santa Barbara County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. The ADU or JADU shall may not be sold separately from the primary principal dwelling.
b. The ADU or JADU shall be is restricted to the approved size and to other attributes allowed by this Ordinance.
c. JADUs shall require owner-occupancy in the single family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
d. The JADU shall not be rented for a term that is less than a consecutive thirty-day period.
e. The deed restriction shall runs with the land and may be enforced against future property owners.
fd. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of City zoning regulations. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of the City’s zoning regulations. ge. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.