Agenda Item Number: 11
CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: October 6, 2026
===================================================================================== To: Honorable Mayor and City Councilmembers
From: City Attorney Alex Mog
Planning Consultant Jane Riley, 4 Leaf
Subject: Zoning Considerations for Outdoor Commercial Barbeques in the CO (Office Commercial) Zone
===================================================================================== RECOMMENDATION:
That the City Council direct staff on the following options:
1. Direct staff to prepare the zoning text amendment described in this report (Option B below), including the use permit provisions, the suggested performance standards, and return to the City Council for adoption. If this Option is selected, the Applicant would need to make timely application for the required Use Permit; pay the deposit for the use permit processing; and demonstrate compliance with the revised performance standards to continue the stay on enforcement.
2. Direct staff to instead process a site-specific rezoning of the subject parcel (Option A below), including the appropriate CEQA review document, and to amend the existing provisions for Outdoor Commercial Barbeques to add additional performance standards related to air quality and odor. If this Option is selected, the Applicant would need to make timely application for the required Use Permit; pay the deposit for the use permit processing; and demonstrate compliance with the revised performance standards to continue the stay on enforcement.
3. Direct staff to not take any rezoning action particular to the subject site or zone. The option would result in the reinitiation of enforcement action.
4. Provide alternate direction to staff.
PROCESS OF AGENDA ITEM:
• Presentation of agenda item by staff
• Council questions of staff
• Public comment
• Council discussion and direction
EXECUTIVE SUMMARY:
Outdoor commercial barbeques are currently a prohibited use in the CO District, but are a conditionally allowed use in theCity’sothercommercialzoning districts.AttheCouncil’sdirection,staff evaluatedtwo zoning approachesto accommodate the use: (Option A) a site-specific rezoning of the subject parcel toallow“OutdoorCommercial Barbeques”asa conditionallypermitteduseonthespecificsite, and (Option B) a zoning text amendment adding “OutdoorCommercialBarbeques”asa conditionallypermitteduseacrossallCO-zoned parcels citywide. Either option would be subject to a use permit and adopted performance standards. Additionally, either option would require the Applicant to make timely application for the required Use Permit; pay the deposit for the use permit processing; and demonstrate compliance with the revised performance standards to continue the stay on enforcement.
BACKGROUND:
This item originates from concerns raised regarding A&M BBQ, a commercial outdoor barbeque business operating at 495 S. Main Street. City staff reviewed the site and determined that commercial outdoor barbeque operations are not permitted in the CO District under the current Zoning Code, even with a use permit.
Agenda Item Number: 11
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Agenda Item Number: 11
Staff initially began enforcement procedures due to complaints. TheCity’senforcement actionswerebasedonthe operation of a commercial outdoor barbeque business on a site where it is prohibited under the Zoning Code, and not directly related to any smoke or air quality conditions that may have existed. At the June 2, 2026 City Council meeting, publiccomments andCouncildiscussionhighlightedneighborcomplaints about smokefromthebusiness’s operations. Staff has been working cooperatively with the business owner, Mr. Kris Austin, to pursue compliance while exploring options.
Since that time, the business owners have been working towards a solution for their business. They have remained in communication with City staff and have voluntarily shared information with the City regarding their operations and longer-term business planning. Because that information includes proprietary and confidential business matters, those details are not included in this report. A&M can be asked to elaborate on these efforts.
On July 7, 2026, Councilmembers Hinton and Carter brought forward Agenda Item No. 11, requesting that the City Council direct staff to return with proposed Zoning Code/Map amendments and/or other options that would allow commercial outdoor barbeque uses, subject to a discretionary use permit, within specified zoning districts. The Council directed staff to evaluate potential zoning text amendments and/or targeted rezoning, develop performance standards addressing smoke, odor, noise, hours of operation, fire safety, and neighborhood compatibility, and return with a detailed analysis, including the typical process and estimated costs for each option. No enforcement would occur during the interim period, as long as A&M BBQ remained in communication with the City regarding possible solutions. This report responds to that direction.
Because outdoor commercial barbeques are not currently listed as a permitted or conditional use within the CO District, City Council must decide how to legally accommodate the use on the subject parcels if it wishes to do so.
Staff hasidentifiedtwo optionsfortheCouncil’sconsideration:a site-specific rezoning of the parcel in question (Option A), or a citywide zoning text amendment adding the use to the CO District as a conditionally permitted use (Option B). Both approaches would include a conditional use permit and the adoption of specific performance standards for these uses to control smoke and odor. The two Options are outlined and discussed below.
For either option, the City can process the use permit concurrently with the proposed zoning amendment, so both are approved simultaneously.
DISCUSSION:
Thetablebelowcomparesthetwo zoning approachesacrossthekeyconsiderationsrelevanttotheCityCouncil’s decision.
Criterion Option A: Rezone Single Parcel Option B: Zoning Text Amendment (CO District, subject to Use Permit)
Scope of action
Site-specific; changes the zoning
designation of one parcel only; would
require conditional use permit
District-wide; adds “Outdoor
Commercial Barbeques” as a
conditional use across all CO-zoned
parcels citywide
Evaluation of Approach Rezoning of a particular property usually disfavored, especially if a use is
being taken away.
Uniform application of standards
across a zoning district is generally
preferred.
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Criterion Option A: Rezone Single Parcel Option B: Zoning Text Amendment (CO District, subject to Use Permit)
Precedent-setting
Site-specific precedent; future similar
requests elsewhere require separate
rezonings, inviting inconsistent
outcomes
Establishes one repeatable process
(use permit) for all similarly situated CO
parcels
Processing time/cost
(initial project)
Requires Planning Commission
recommendation and review at two City
Council meetings. Final approval would
occur in 120-150 days.
32 Estimated 32 hours including
Associate Planner, City Attorney and
consultant hours (approximately
$5,250)
Requires Planning Commission
recommendation and review at two City
Council meetings. Final approval would
occur in 120-150 days.
32 Estimated 32 hours including
Associate Planner, City Attorney and
consultant hours (approximately
$5,250)
Long-term administrative
burden
Each future request elsewhere would
require another rezoning with
associated workload
One-time code amendment;
subsequent applications processed via
use permit with established findings
and standards
Public notice/hearing
Targeted public notice to property
owners near the one parcel (600 foot
notice)
Broader notice (all CO-zoned areas
potentially affected); more
comprehensive public engagement
Flexibility to impose
conditions
Rezoning itself would require a use
permit to address site-specific impacts
Rezoning itself would require a use
permit to address site-specific impacts
CEQA review Project-level review of a single parcel
Reviewed at a programmatic level for
the district; subsequent use permits
can tier off that analysis
Reversibility/amendment Reverting requires another rezoning of that parcel only.
Reverting/adjusting standards requires
another text amendment, but applies
uniformly
Outcome for Applicant
Applicant gets appropriate zoning for
the use on subject site once the site is
rezoned; a Use Permit will need to be
applied for. Performance standards
would need to be met for permit
approval.
Applicant can apply for Use Permit
concurrent with Zone Text Amendment;
the required findings and performance
standards are outlined in Code.
Performance standards would need to
be met for permit approval.
CEQA Analysis
Both a single-parcel rezoning and a zoning text amendment are discretionary approvals and each constitutes a “project” under CEQA (Pub. Resources Code § 21065); neither is automatically exempt. Agenda Item Number: 11
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Option A: A parcel-specific rezoning would be reviewed as a project-specific action. An initial study would be performed to determine the appropriate level of CEQA review for this single-parcel rezoning option, which would likely be a Mitigated Negative Declaration (MND).
Option B: Because the text amendment would apply district-wide, it is suited to programmatic CEQA review. Given that potential air quality and odor impacts have already been identified, and that the proposed performance standards are intended to reduce those impacts to a less-than-significant level, those standards would function as mitigation under CEQA and a Mitigated Negative Declaration (MND) would likely be the appropriate environmental document for this option.
For either option, the exact CEQA approach will not be determined until further analysis is completed based on the specifics of the proposal.
STAFF ANALYSIS:
If the Council wants to move forward with any rezone action; staff would recommend Option B; the zoning text amendment, for the following reasons:
• A zoning text amendment establishes one uniform, repeatable standard for all similarly situated CO-zoned parcels. A district-wide legislative action supported by an adopted MND and codified performance standards is more easily understood and administered than individual parcel-specific rezonings. • Updated performance standards would give future applicants clear, up-front design and operating requirements and give staff an established framework for use permit findings and conditions of approval. These performance standards could be applied to other zoning districts as well. • Because the use remains subject to a use permit, the City would retain site-specific discretion to impose additional or more restrictive conditions where warranted, such as proximity to sensitive receptors.
If a rezoning moves forward, staff recommends the following performance standards be incorporated into into the Code as performance standards that must be met for approval of a use permit:
Air Quality & Odor Control
• require Air District permitting for all facilities not meeting the BAAQMD Section 2-1-117.1 exemption threshold • require best available control technology for grease/smoke abatement, • Specify height and setback requirements for exhaust stacks • Establish fuel-type limits to reduce smoke
• Establish an odor complaint response protocol coordinated with the Air District’s complaint line; • Establish Hours of Operation for use of smokers
• Add provisions for monitoring and enforcement, including periodic use permit review and coordination with BAAQMD’s Compliance & Enforcement Division.
USE PERMIT PROCESS AND ESTIMATED COSTS:
Under Option A or B, adoption of the zoning text amendment would not, by itself, authorize outdoor commercial barbeque operations on any parcel. The operator would still need to obtain a separate, site-specific Use Permit before operating (or continuing to operate in this case). That Use Permit would be processed as a standard (non-formulabusiness) Conditional Use Permit under SMC Title 17, generally as follows:
• The applicant submits a complete Use Permit application, including a site plan, equipment/operations narrative, and evidence of compliance with the adopted performance standards (fuel type, equipment, stack height/setbacks, hours of operation, odor complaint protocol). • Planning staff reviews the application for completeness and refers it to the Bay Area Air Quality Management District, Fire Department, and other responsible agencies as applicable. • The application is set for a noticed public hearing before the Planning Commission.
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• The Planning Commission must find, among other things, that the use is consistent with the General Plan and Zoning Code and will not be detrimental to the health, safety, or general welfare of persons in the area, before approving the permit, with or without additional site-specific conditions. • Following a decision, there is a period during which it may be appealed to the City Council, unless the application requires a different approval from the City Council, in which case the Planning Commission makes a recommendation to the City Council, who is the decisionmaker.
If the City Council approves either Option A or Option B and directs staff to proceed, staff recommends that A&M Barbeque be permitted to submit its Use Permit application concurrently with the zoning text amendment and MND, rather than waiting for the text amendment to be adopted first. The Use Permit application would be processed on a parallel track , and would be brought to the Planning Commission for hearing and recommendation concurrently. The City Council would then make a final decision on both the proposed zoning amendment and use permit. This concurrent-processing approach is consistent with the stay on code enforcement described above, and is intended to minimize delay for the existing operator provided it timely applies and demonstrates compliance with the adopted performance standards.
Under the City's current Master Fee Schedule, a Standard Conditional Use Permit is not a flat fee but a $5,000 deposit billed against actual staff and consultant time at fully allocated hourly rates. The applicant is responsible for the full cost of processing, which may exceed the deposit for an application requiring extensive review.
Thesefiguresreflect theCity’scurrentlyadoptedfeeschedule. Finalcoststoa givenapplicantdependonthe complexity of the specific application.
Current code enforcement/abatement action affecting the existing use has been stayed to allow time to pursue the zoning text amendment and Use Permit. That stay is conditioned on the applicant making timely application for the Use Permit and demonstrating compliance with the adopted performance standards. If the applicant does not timely apply for the Use Permit, or if the Use Permit is not ultimately approved, the stay would be lifted, and the City would resume code enforcement action against the unpermitted use. To date, the business owners have updated the City with their plans toward a resolution.
As noted above, that information includes proprietary and confidential business matters; those details are not included in this report. A&M can be asked to elaborate on these efforts.
If the City Council decides not to move forward with either Option A or Option B, there will be no path for A&M to legalize, and Code Enforcement will recommence.Anycodeenforcement willfollowtheCity’sstandardpractices,which involves notices and time for corrective action, before potentially escalating to fines or other remedies. The City does not have dedicated Code Enforcement staff, and Code Enforcement is handled concurrently with other City responsibilities.
CITY COUNCIL GOALS/PRIORITIES AND GENERAL PLAN CONSISTENCY:
This agenda item represents the City Council goals/priorities as follows:
City Council Goal 4: High Performance Organization
Transparency, Accountability, and Public Trust
General Plan Consistency: The recommended zoning text amendment does not alter the underlying General Plan land use designation for CO-zoned parcels; outdoor commercial barbeques would be conditionally allowed within the existing designation, and each subsequent use permit application would be evaluated for consistency with applicable General Plan policies on a site-specific basis.
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PUBLIC NOTICE:
This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. If the City Council moves forward with Option A or B, there will be additional public notice as those options move forward.
PUBLIC COMMENT:
The City Council has received multiple public comments related to A&M Barbeque. All comments have been posted to the city website meeting pages. All comments received after publication will be provided to the City Council as supplemental materials prior to or during the meeting.
FISCAL IMPACT:
Staff and/orconsultant timetopreparethis agenda item hasbeenaccommodatedwithinthePlanning Division’s current budget. Staff and consultant time to prepare the zoning text amendment and accompanying environmental review is estimated to be 32 hours including Associate Planner, City Attorney and consultant hours (approximately $5,250).
As noted above; a use permit application deposit would be required in an initial deposit amount of $5000.
RESTATED RECOMMENDATION:
That the City Council direct staff on the following options:
OPTIONS:
1. Direct staff to prepare the zoning text amendment described in this report (Option B), including the use permit provisions, the suggested performance standards, and a Mitigated Negative Declaration, and return to the City Council for adoption. (Staff recommended.) If this Option is selected, the Applicant would need to make timely application for the required Use Permit and demonstrate compliance with the revised performance standards to continue the stay on enforcement.
2. Direct staff to instead process a site-specific rezoning of the subject parcel (Option A), including the appropriate CEQA review document, and to amend the existing provisions for Outdoor Commercial Barbeques to add additional performance standards related to air quality and odor.
3. Direct staff to not take any rezoning action particular to the subject site, and re-initiate enforcement action.
4. Provide alternate direction to staff.
ATTACHMENTS:
None
APPROVALS:
Department Head Approval: Approval Date: 9/17/26
CEQA Determination (Planning): Approval Date: 9/17/26
While a Mitigated Negative Declaration would need to be prepared for the recommended zoning text amendment, this item requesting direction from the Council is not a project under CEQA.
Administrative Services (Financial) Approval Date: 9/29/2026 Costs authorized in City Approved Budget: ☐ Yes☒ No ☐N/A Account Code (if applicable) ___________________________ City Attorney Approval: Approval Date: 9/29/2026
City Manager Approval: Approval Date: 9/29/2026
Agenda Item Number: 11
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